Loading...
HomeMy Public PortalAbout2019-03-21_COW_Public Agenda Package (added 9.5)Page 1 of 2 of Agenda Cover Page(s) Committee of the W hole AGENDA Thursday,March 21, 2019 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.–9:00 A.M.) 4.MINUTES OF PREVIOUS MEETING 4.1.Committee of the Whole –March 7, 2019 5.MATTERS ARISING: 5.1 Information Report prepared by Community Development Department dated March 12, 2019 regarding Broadband Update. 6.PUBLIC PRESENTATIONS. 7.POLICY DEVELOPMENT/REVIEW. 8.CORRESPONDENCE: 8.1 Email from Nova Scotia Federation of Municipalities dated March 8, 2019 requesting agenda items for the South Shore/HRM Regional Meeting to be held on April 18, 2019 and update on location. 8.2 Letter from Municipality of the District of Lunenburg dated February 28, 2019 regarding consideration and approval of the REMO Budget for the fiscal year 2019/20. 9.NEW BUSINESS: a) Information Report prepared by Community Development Department regarding Coastal Protection Legislation. 8.3 Information from Nova Scotia Federation of Municipalities (NSFM) dated March 12, 2019 regarding News Release – Collaborative Effort to Protect Nova Scotia Coastline Supported by NSFM. Page 2 of 2 9.1 Memo dated March 6, 2019 regarding Cost of Living Adjustment/Consumer Price Index for consideration. 9.2 Request for Decision prepared by Recreation and Parks Department dated March 21, 2019 regarding District Grant Requests and update: a)Chester Municipal Heritage Society –District 3 b)Charing Cross Garden Club –District 6 c)New Ross Regional Development Society –District 6 10.IN CAMERA: 10.1 Section 22(2)(c)of the MGA –Personnel Matter 11.ADJOURNMENT. 9.3 Request for 6 Decision prepared by Engineering and Public Works Department dated March , 2019 regarding Consulting Engineering Services. INFORMATION REPORT Prepared By:Erin Lowe, EDO Date March 12, 2019 Reviewed By:Tara Maguire, Director Date March 14, 2019 Authorized By:Dan McDougall, CAO Date March 14, 2019 BACKGROUND Broadband Infrastructure is listed in our Economic Development Strategy Implementation Plan as a ‘Now Priority’ under the Business Supports pillar. REPORT TO:Committee of the Whole SUBMITTED BY:Erin Lowe, Economic Development Officer DATE:March 21, 2019 SUBJECT:Broadband Update ORIGIN:Economic Development Strategy Implementation Plan & MODC 2018-19 workplan 2 Information Report Summary of municipal broadband initiatives to date: iValley Network Design and Implementation Report Dates:August 29, 2017 –February 28, 2018 Summary: Regional project done in partnership with Municipality of Chester, Municipality of the District of Lunenburg, Region of Queens Municipality, and the South Shore Regional Enterprise Network. Partners entered into a contract with not-for-profit, i-Valley Intelligent Community Association. High level analysis of design options and costs to provide a full-scale regional solution for our communities that lack quality internet where the municipalities would become Internet Service Providers. The report outlined the proposed points of presence and location coverage within each municipal unit along with their estimated costs.High level project cost was estimated to be $31,000,000 split between the three municipal units. 3 Information Report South Shore Internet Performance Test Dates:May 2018 –May 2019 Summary: Regional project done in partnership with Municipality of Chester, Municipality of the District of Lunenburg,and Region of Queens Municipality. Partners entered into a contract with not -for- profit, i-Valley Intelligent Community Association. Not just a speed test: evidence‐based mapping of speed, quality, jitter, latency, packet loss, etc.to identify areas of concern throughout the south shore region. Unbiased tests of actual performance of an internet connection in real network conditions CURRENT SITUATION Develop Nova Scotia Mandate: In July 2018 the government of Nova Scotia expanded the mandate of the Waterfront Development Corporation, and renamed it Develop Nova Scotia. The Crown Corporation is accountable for developing and implementing a strategy to improve Internet access for Nova Scotians without reliable high-speed Internet. The Province also set aside significant funding to invest in better Internet. The goal: high-speed Internet (25mbps wireless–50mbps for wired) reaching a minimum of 95% of Nova Scotians. In mid-December, 2018 Develop NS invited organizations interested in building, managing, and maintaining high-speed internet networks to become pre-qualified to bid on network solutions. Potential providers that can demonstrate they have the financial capacity, human resources and experience to build, maintain, grow and evolve the networks will be invited to bid on implementing internet in specified zones.Develop NS estimates the pre-qualification stage will be complete by the end of March with the invitation to bid released in the summer. Project starts will depend on market response, but it is estimated they could begin in early 2020. 4 Information Report Develop NS’s forward-looking implementation strategy ensures: o with Develop NS’s provincewide lens, no region will be left behind in planning and service will reach as many Nova Scotians as possible, greater than 95 per cent o through service level agreements and ongoing monitoring, Develop NS will hold providers accountable to deliver reliable high -quality service over time o Develop NS’s goal is to ensure services are competitively priced so they are affordable for Nova Scotians. Develop NS initiated stakeholder engagement sessions right away with community organizations and municipalities. In these engagement sessions and at one-on-one staff meetings, Develop NS has indicated that they have all of the data required to understand exactly where the gaps are that prevent each home or business from meeting their speed targets and have committed that as connections improve, no region will be overlooked.Through these conversations, it has been made clear to us that Develop NS has been made accountable for addressing the Internet problem in Nova Scotia. They hold the decision-making power for which projects will be pursued and funded. It is our understanding that the Municipality of Chester will continue to be a stakeholder but that our precise role will be defined through Develop Nova Scotia. RECOMMENDATION Staff recommend taking a pause on leading new broadband projects until Develop Nova Scotia provides more direction on how they want to work with Municipalities. As council is aware, we currently have one proposal through the federal Connect to Innovate program which we continue to work on as an in-camera negotiation.We propose to continue to move forward with negotiations for this project as it was led by the federal government.Staff will update council on this project with an in-camera session pending legal advice and we can continue to move forward with negotiations. IMPLICATIO NS Policy Financial/Budgetary Environmental Strategic Plan Work Program Implications OPTIONS ATTACHMENTS Internet for Nova Scotia Initiative Update Develop Nova Scotia and Rural Internet: Backgrounder Internet for Nova Scotia Initiative Strategic Plan Presentation to key Stakeholders –December 2018 COMMUNICATIONS (INTE RNAL/EXTERNAL) Develop Nova Scotia Internet for Nova Scotia Initiative Update In July 2018 the government of Nova Scotia made Develop Nova Scotia, a Crown Corporation, responsible for developing and implementing a strategy to improve Internet access for Nova Scotians without reliable high-speed Internet. The government also set aside significant funding to invest in better Internet. The goal: high-speed Internet (25mbps wireless–50mbps for wired) reaching a minimum of 95% of Nova Scotians. While we can’t reach 100% of the province, we’re committed to getting to as many homes and businesses as is feasible. It’s a big goal, but we’re working hard to make Nova Scotia more connected. WHAT NEEDS TO HAPPEN TO GET INTERNET TO MY HOME OR BUSINESS? In many communities, a lot needs to happen before high-speed Internet is available at your doorstep. We are currently working on a strategy that will help Internet Service Providers (ISPs) and other organizations set up networks and equipment in underserved communities across Nova Scotia and then get that Internet to individual homes and businesses. WHEN WILL I SEE HIGH-SPEED INTERNET IN MY COMMUNITY? Connecting at least 95% of Nova Scotians is a big project and these projects can typically take 2–5 years. The timing of your access depends on what already exists in your community and how quickly providers can upgrade existing technology or install new technology. Develop Nova Scotia is working to make sure this happens as quickly as possible. WHAT IS HAPPENING NOW? We went out to ISPs and other organizations in mid-December 2018 to gage their ability and interest in providing high-speed Internet services. Those that pass our rigorous requirements will be asked to propose solutions to deliver those services in Nova Scotia. From there, we will sign iron- clad contracts with these providers, holding them accountable to provide competitively-priced, quality high-speed Internet now and in the future. DO YOU KNOW ABOUT THE CHALLENGES IN MY COMMUNITY? Yes. We have all of the data required to understand exactly where the gaps are that prevent each home or business from meeting our speed targets. As connections improve, no region will be overlooked. For more information, or if you have comments or questions, contact Develop Nova Scotia at: 902-422-6591 | info@developns.ca | www.developns.ca Internet for Nova Scotia Initiative Update Develop Nova Scotia and Rural Internet: Backgrounder At Develop Nova Scotia, our job is to lead the sustainable development of high potential property and infrastructure across Nova Scotia to attract people and investment. • Develop Nova Scotia is a provincial Crown corporation with a mandate to drive economic growth across Nova Scotia through the development of strategic property and infrastructure. • We work with municipalities, public and private organizations, industry, and the public to create authentic, sustainable places for people. • We leverage our relationships, consultation experience, and expertise in development planning, program development, project management and complex financial assembly to meet our objectives. • Great places are accessible and connected. Develop Nova Scotia has been tasked with developing and managing Rural High-Speed Internet implementation for the province. We understand the critically important role of reliable, high-speed, sustainable Internet service for quality of life and economic development. • We will design and execute an implementation strategy for rural high-speed Internet that enables private sector ingenuity and creative problem solving, competitive bids, leverages investment and, ultimately, results in reliable, high-quality, sustainable service levels with maximum coverage for Nova Scotians that keeps pace with evolving technology. What has changed? Formerly Waterfront Development Corporation, our mandate has expanded from managing the development of strategic waterfront properties to high potential property and infrastructure throughout the province. Broadened representation on our Board of Directors will reflect our new province-wide focus, as will enhanced staff presence throughout the province in coordination with economic development partners across Nova Scotia. What does Develop Nova Scotia do? Simply put, our goal is to create strong, vibrant communities that attract people and investment to Nova Scotia. Working with our partners and the public, we will develop a 5-year strategic plan and identify opportunities and projects that align with our goals. Recent work includes: Queen’s Marque in Halifax; Dartmouth’s Centre for Ocean Ventures and Entrepreneurship (COVE); Tall Ships Multi-Port events; consultation and planning for a new Provincial Arts District on Halifax waterfront; and a new Master Plan for Lunenburg’s working waterfront. Develop Nova Scotia will also lead the Master Plan for Peggy’s Cove. Rural High-Speed Internet - Key Public Messages 1. It’s a provincial plan – no region will be left behind in the planning. 2. There is confidence that more than 95% of rural NS households will be covered –100% is not feasible. 3. The plan is focused on results, not technologies. Develop NS will manage proponents to ensure reliable, high-quality service is delivered. 4. Develop NS knows where the gaps are in existing infrastructure – their plan is to cover as close to 100% of those gaps as possible. 5. If you are starting/planning an Internet-related project, please contact Develop Nova Scotia - a coordinated plan is key to achieving our goals. Coverage: We expect high-speed Internet to reach more than 95% of rural households. We anticipate that we can connect a minimum of 95% of rural households to fibre, cable or fixed wireless service. Most, but not all, of the remaining rural households will be connected via satellite service. All of these services will be provided at minimum speeds of 50 mbps for wired and 25 mbps for wireless and satellite. Timelines: We understand the critical importance of reliable, high-speed internet –and quick action to address the gaps in the system. We expect to be in market with a competitive process by the end of 2018. How it works: Successful proponents to this competitive process will be recommended for funding by Develop Nova Scotia to the Nova Scotia Internet Funding Trust, which is an arms-length entity managing the $193M provincial funding that was put aside for the rural Internet program. We will need to leverage additional funding support, including investment from the private sector, to meet our goals for system build. For more information on the rural internet project: www.developns.ca How can we work together? This is a partnership and we want to hear from you. We have conducted an initial round of stakeholder engagement sessions to communicate our mandate and discuss rural internet opportunities in communities across the province. It’s important to us that we stay connected so that we understand what’s important to your communities in terms of economic success, strategic infrastructure projects, and rural Internet connections. We’re interested in improving our communications with stakeholders in general, so we also appreciate feedback in this regard. Contact us: For Constituents: info@developns.ca / 902.422.6591 For Office Staff: Deborah Page, Dir. Communications & Marketing, deborah.page@developns.ca / 902.499.0275 Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 1 Internet for Nova Scotia Initiative Strategic Plan Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 2 HISTORICAL PERSPECTIVE Since the early 1990s the Internet has been transformed from a research network to a global engine of social and economic growth and connection. This constant “need for speed”, driven by new services that require more speed and capacity, is expected to continue, which means higher capacity foundation networks and customer access services will be required and demanded. “High-speed” Internet meant something very different in the early 1990s and dial- up access provided kilobit speeds. And this definition of “high-speed” will continue to be a moving target as we reach and exceed the 50 Megabit plus urban residential Internet speeds of today. By the early 2000s high-speed access was available to most urban Nova Scotian communities. However, rural Nova Scotia communities were underserved and their social and economic development suffered. In 2007, the Province of Nova Scotia launched the Broadband for Rural Nova Scotia (BRNS) Project which reached 99% of the targeted rural households with a 1.5 MBS download service. Technology continued to evolve and rural Nova Scotians once again expressed frustration with respect to the quality and speed of Internet services. In response, the Province engaged Ernst & Young to look at the barriers to, and availability of, high-speed Internet services in rural Nova Scotia, and to identify potential roles that the Province could play in improving access. Based on these findings, a need to build long- term strategies to address the middle mile (backbone) and last mile (customer access) Internet infrastructure in rural Nova Scotia was recommended. The Province commissioned two studies by Brightstar Canada in 2017 and 2018. These studies confirmed that there is a market failure (costs exceed potential revenues) which prevents the private sector from meeting the high-speed Internet service needs of unserved and underserved rural Nova Scotian citizens, businesses, and public institutions. The studies identified a need for an investment in the range of $300–$500M to address this market failure. In response, the Province established, charged, and funded (currently $193M) an independent, arms- length trust called The Nova Scotia Internet Funding Trust—to support implementation of high-speed Internet throughout rural Nova Scotia. Develop Nova Scotia is the crown corporation responsible for leading sustainable development of high-potential property and infrastructure across Nova Scotia. Develop Nova Scotia has been engaged by the Nova Scotia Internet Funding Trust to plan, design, and manage the implementation of the Internet for Nova Scotia Initiative. This Initiative defines a reliable, robust, high-speed Internet network that will reach more than 95% of rural Nova Scotians. INTERNET FOR NOVA SCOTIA INITIATIVE “Enhancing a connected Nova Scotia, especially in the unserved and underserved communities, will help bring sustainable services to all parts of the Province and help grow the local and provincial economies.”1 1Brightstar Canada “NS DoB Middle Mile Strategy” Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 3 The Nova Scotia Internet Funding Trust represents a significant investment by the Province of Nova Scotia in rural high-speed Internet infrastructure that will result in significant change across many Nova Scotia communities. The purpose of this Strategic Plan is to establish the foundational Mission, Vision, Guiding Values, and Goals that will drive Develop Nova Scotia’s implementation effort and promote inclusive economic growth and social connectivity throughout Nova Scotia. This is reflected in the Province’s priorities as presented in its 2018-19 Business Plan. GOVERNMENT PRIORITIES “The 2018–19 Government Business Plan builds on our work and investments made in recent years to strengthen services and support under four priority areas: 2“Budget 2018-19: Government Business Plan, Finance and Treasury Board, March 2018”, Province of Nova Scotia. Healthier people and communities Investing in early years and education Safe and connected communities Inclusive economic growth Access to high-speed Internet across the province is essential for communities to innovate and grow.”2 MISSION AND VISION To guide Develop Nova Scotia’s thinking on strategic issues, and assist in defining performance standards while cultivating a competitive environment that generates productive focus and advancement of common goals, our mission and vision are simply to: Mission To develop and promote access to sustainable high-speed Internet services that contribute to great places in Nova Scotia that attract and inspire people. Vision Rural Nova Scotian citizens, businesses and public institutions have access to reliable, high-speed Internet services at competitive prices encouraging participation in the digital economy, contributing to the creation of great places and realizing social and economic benefits. STATEMENT OF GUIDING VALUES Develop Nova Scotia has established guiding values for this most important initiative. They will provide direction across all phases of the initiative including planning, procurement, implementation, and operations. These guiding values provide a common understanding of what outcomes are most valuable to Nova Scotians (connected communities, open access, choice of fair service offerings, service level standards, etc.). Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 4 Engagement: Implement timely and ongoing stakeholder (rural and Mi’kmaq communities, governments, and businesses) engagement programs to ensure the consideration and inclusion of diverse perspectives and innovative solutions to connect Nova Scotians. Transparency and Integrity: Demonstrate financial and operational responsibility, actively seeking ways to maximize transparency and reduce project risk. Partnership: Build successful collaborative partnerships with all levels of government and the private sector to leverage capabilities and assets and better serve and connect rural Nova Scotia. Sustainability: Source innovative solutions that will meet the high-speed Internet needs of Nova Scotians now and in the future. Outcome Focused: Maintain a constant focus on delivering access to reliable, robust, high-speed Internet services to rural Nova Scotians. GOALS Develop Nova Scotia’s Internet for Nova Scotia Initiative is focused on addressing Internet service gaps across Nova Scotia and achieving the overarching goal of connecting communities. While adhering to the guiding values outlined in this strategy, we will achieve this goal by focusing on key supporting objectives that will ultimately facilitate the development of middle– and last- mile technologies into homes and businesses across rural communities in Nova Scotia. These detailed objectives are broadly encapsulated across four groupings: OVERARCHING GOAL 1. Connected Communities: Provide competitively-priced, quality, high-speed Internet access service to more than 95% of rural Nova Scotians, enabling and promoting the social, educational, health, community, and commercial advantages it supports. SUPPORTING IMPLEMENTATION OBJECTIVES 2. Implementation Management: Utilize project management best practices to achieve solution quality, risk management, milestone attainment, cost control, service level compliance, and transparent reporting. 3. Technology and Infrastructure: Using a selection of technologies and infrastructures, implement a cost-effective, high-speed Internet solution that addresses current and future customer requirements (services, speed, coverage, latency). 4. Financial and Procurement: Develop a competitive procurement framework to attract qualified proponents, leading to agreements that leverage existing investment, mitigate risk, minimize overbuild, accelerate implementation, and support open access and reporting transparency. Working with all levels of public and private sector partners, secure sufficient funding for full implementation. Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 5 STRATEGY MAP The strategy map is a summarized visual representation of Develop Nova Scotia’s Internet for Nova Scotia Initiative objectives. This map outlines the Initiative’s strategic ambitions and priorities, while ensuring every stakeholder is channeled in the same direction. Most importantly, the strategy map summarizes what Develop Nova Scotia intends to accomplish, along with the high-level initiatives involved in each. The cause-and-effect relationships between strategic goals are defined. STRATEGY MAP & STRATEGIC OBJECTIVES Connected Communities Implementation Management Technology & Infrastructure Financial & Procurement • Access for >95% of Rural Nova Scotia • Rural Customer Satisfaction • Milestone– Focused Build • Provide Open Access • Technology Portfolio to Address Business Model Failures • Minimize Overbuild • Drive Competitive, Qualified Responses • Drive Sustainable, Competitive Solutions • Shared Risk • Leverage Additional Sources of Capital • Improve Network Capacity and Customer Experience • Establish Foundation for Expanded & Next Generation Services • Speed to Market • On Specification, On Time & On-Budget • Competitively Priced Service Offerings • Inclusive Economic & Social Development – Smart Communities Initiatives • Subsidy payout based on key milestone achievements • Inspections/Performance & Service Verification • Project Management Plan • Project and Financial Sureties • Open Access opportunities • Service Level Agreements Initiatives • Contractual key performance indicators reporting • Communications plan • Compliance to contract requirements • Social and economic impact analysis Initiatives • Provincial Zone design (mixing together densities and topography • Bid evaluation process • Next Generation Service Identification • Contractual key performance indicator reporting • Service Level Testing Framework • Competitive Bid Framework Initiatives • Vendor Briefing Program (pre-RFP) • Vendor pre-qualification • Fair and transparent procurement process • RFP specifications • Bid evaluation process • Contract negotiations • Financial/Milestone/Project reporting • Leverage government infrastructure • Leverage federal, provincial, and municipal funding sources • Leverage private sector investment Develop Nova Scotia Internet for Nova Scotia Initiative Strategic Plan 6 developns.ca Internet for Nova Scotia Initiative Key Stakeholder Update December 4-7, 2018 agenda 1.WHO WE ARE 2.CHALLENGE AHEAD 3.WHERE WE’VE BEEN 4.WHAT WE HEARD 5.WHERE WE GO FROM HERE develop nova scotia “Creating or enhancing a community’s assets to improve its overall attractiveness and livability.” International Economic Development Council placemaking Build places that attract people and investment to Nova Scotia rural internet •work with NS Internet Funding Trust •build on provincial reports & progress •develop & execute rural high-speed Internet implementation strategy •assemble expertise & build local partnerships •develop competitive process, incentivize private sector ingenuity strong places are accessible & connected challenge ahead 1.high-quality, reliable, high-speed Internet to greater than 95% of rural Nova Scotians 2.spend as little public $ as possible 3.build a competitive environment 4.do it as quickly as possible 5.manage stakeholders 6.leverage for additional public benefit focus on outcomes implementation plan based on following principles: •>95% rural household coverage for Nova Scotians •services delivered at minimum speeds of 50/10 Mps for fixed wireless & 25/5 Mps for wireless •ensure solutions include ongoing investment in networks & can evolve to meet new technologies •ensure accountability for service & quality standards by those delivering Internet service where we’ve been Develop NS team have met with: §6 out of 6 rural Regional Economic Networks §5 out of 5 proponents for successful CTI (20+) projects §90% of all major ISPs, few smaller co’s being scheduled §Community Groups, including I-Valley, NOW Lunenburg §Many Municipal representatives §Municipal Affairs, Office of Aboriginal Affairs, NSBI, Tourism NS §ISED, ACOA & CRTC Conferences / Presentations: §REN Conference, Digby, Sept. 6 §Economic Development Association AGM, Sept. 10 §Atlantic Chambers of Commerce Meeting, Sept. 11 §AMANS Board Mtg., Sept. 14 §NSFM Internet Session, Oct. 11 §AMANS Annual Conference, Oct. 16-19 §NSFM Annual Conference, Nov. 7 §TIANS 2018 Tourism Summit, Nov 25 –27 General Public / Constituents: §Communications Plan for general public underway §Web site, e-newsletters, dashboard, working with libraries, community centres & others to spread information §Materials available today §1-page overview for provincial & municipal officials, their assistants & constituency offices (regularly updated) §1-page information sheet for General Public what we heard a successful Internet for Nova Scotia Initiative depends on: •minimum speed targets & maximum coverage of province •reliable, high-quality service •accountability of service providers •affordable solutions, consistent with urban market pricing •solutions that can adapt to change & evolving technologies •access to infrastructure to encourage competition & economic growth •transparency of process & accountability for public investment •engagement of communities & ongoing communications •time to plan, design and build networks where we’re going competitive process prequalification timeline communications competitive process Prequalification Call Bidders' Conference Evaluation of Prequal Invitation to Bid (successful proponents of prequal) Evaluation of Bids Recco to Trust re: successful proponents Negotiation of contracts / service level agreements Projects beginwhat we heard pre-qualification Open to ISPs (including groups who become ISPs), municipalities, First Nations who demonstrate: Financial Capacity Build Human Resources Manage Experience Grow/Evolve estimated timeline Q4 2018 Q1 2019 Q2 2019 Q3 2019 Q4 2019 Q1 2020 Q2 2020 Prequalification Prequalification Evaluation Invitation to Bid Bid Evaluation Proponent Negotiation Bid Selection Trust Review & Decision Contract/SLA Negotiation Projects Begin CTI Contracts Signed CTI Projects Begin community liaison committee Develop Nova Scotia Elected Municipal Officials Municipal Administrators First Nations Regional Economic Development Agencies •8-10 members •members selected through boards of relevant organizations (NSFM, AMANS) as well as by Develop Nova Scotia •opportunity to bring communities’ voice to the table •ongoing mechanism for communications, consultation, & advice •forum to raise issues of concern related to project activities •a non-decision making body key messages 1.it’s a provincial plan –no region will be left behind in the planning 2.confident we can reach >95% of rural NS households –100% not feasible 3.plan is focused on results, not technologies 4.Develop NS will manage proponents to ensure reliable, high-quality service is delivered 5.Develop NS knows where the gaps are in existing infrastructure –their plan will be to cover as close to 100% of gaps as possible 6.if you’re starting/planning an Internet-related project, please contact Develop Nova Scotia 2018 -2019 QUESTIONS Develop Nova Scotia 1751 Lower Water Street Halifax, NS B3J 1S5 info@developns.ca Better Government. Stronger Communities. -30- About NSFM: The Nova Scotia Federation of Municipalities (NSFM) has been the collective voice for municipal governments across the province since 1906. With 379 members comprising Mayors, Wardens and councillors, NSFM represents the interests of municipalities on policy and program matters that fall within provincial jurisdiction. Members include all 50 of Nova Scotia's municipalities. 1809 Barrington St., Suite 1304, Halifax, NS B3J 3K8 Tel: (902) 423-8331 Fax: (902) 425-5592 E-mail: info@nsfm.ca www.nsfm.ca INFORMATION REPORT Prepared By: Tara Maguire, Director Date March 13, 2019 Reviewed By: Dan McDougall, CAO Date March 15, 2019 Authorized By: Dan McDougall, CAO Date March 15, 2019 BACKGROUND On March 12, 2019 Bill 106, the Coastal Protection Act, was given First Reading by the Legislature. The stated purpose of the Act is twofold: (2) The purpose of this Act is to protect the Province's coast for future generations by preventing development and activity in locations adjacent to the coast that: (a) damage the environment by interfering with the natural dynamic and shifting nature of the coast; or (b) put residences and buildings at risk of damage or destruction from sea-level rise, coastal flooding, storm surges and coastal erosion. The legislation, if passed, will have an impact on the Municipality, both organizationally and on its property owners/businesses. The Act will have accompanying regulations that give effect to the legislation, but these are not expected for approximately 12-18 months. The regulations generally lay out the actual rules that must be followed. Some of the key highlights of the legislation: Coastal Protection Zone - The exact area that is included in the Coastal Protection Zone has not been identified. During the consultation sessions regarding the proposed legislation, the Province indicated that they would be doing additional consultation with Municipalities to determine the best method for identifying the Coastal Protection Zone and who is responsible for that piece of the work. The timing and format for the consultation has not been announced. Limitation on Development and Activity - The Act will prohibit new structures and activity within the Coastal Protection Zone. There will be some exemptions for existing structures and activity, as well as for some commercial, industrial activity. Primarily this will be for those industries that rely on access to the coast. The exact definition of what is existing and what is exempt will be outlined in the regulations. There is also some exemption for development that is reviewed by a designated professional and can be certified that there will be no impact from the development. The qualifications and clarifications on what impact will be reviewed (i.e. flooding vs environmental impact) has not been outline. It is anticipated that there could be an increase in the number of building and development permit applications we will see before the legislation comes into effect. This could impact the workload of CDD staff. REPORT TO: Committee of the Whole SUBMITTED BY: Community Development Department DATE: March 21, 2019 SUBJECT: Coastal Protection Legislation ORIGIN: Bill 106 2 Information Report It is not clear who will be responsible for reviewing applications for development within the Coastal Protection zone. It is clear that Municipal staff will play a role as the Act regulates when we can and cannot issue development permits in the Coastal Protection Zone. Again, the specifics of when this applies will be outlined in the regulations. This does imply that municipal staff will need to review all development in the Coastal Protection Zone, this will not only increase their workload, but it could slow down permit approval times. This is especially true if we require outside approvals. The Bill also notes that the regulations may contain reporting requirements for the Municipality to report to the Pr ovince on the permits issued in the Coastal Protection Zone. BILL NO. 106 (as introduced) 2nd Session, 63rd General Assembly Nova Scotia 68 Elizabeth II, 2019 Government Bill Coastal Protection Act The Honourable Margaret Miller Minister of Environment First Reading: March 12, 2019 Second Reading: Third Reading: An Act Respecting Coastal Protection in Nova Scotia Be it enacted by the Governor and Assembly as follows: Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 1 of 8 3/15/2019, 10:48 AM 1 This Act may be cited as the Coastal Protection Act. 2 The purpose of this Act is to protect the Province's coast for future generations by preventing development and activity in locations adjacent to the coast that (a) damage the environment by interfering with the natural dynamic and shifting nature of the coast; or (b) put residences and buildings at risk of damage or destruction from sea-level rise, coastal flooding, storm surges and coastal erosion. 3 In this Act, (a) "agricultural marshlands" means land designated under the Agricultural Marshland Conservation Act; (b) "cemetery" has the same meaning as in the Cemeteries and Monuments Protection Act; (c) "coast" means the maritime shoreline of the Province wherever the land meets a body of salt water and includes the shoreline of an estuary and a maritime island; (d) "Coastal Protection Zone" means the area described in Section 8; (e) "designated professional" means a person who is qualified under the regulations to certify whether a structure proposed to be located in the Coastal Protection Zone is compliant with this Act and the regulations; (f) "enactment" has the same meaning as in the Interpretation Act and includes a municipal resolution, policy or by-law; (g) "estuary" means a watercourse that meets a body of salt water, where the water is a mixture of salt and fresh water; (h) "existing approval" means a prescribed approval granted for an activity before the date on which this Act came into effect; (i) "existing permit" means a building or development permit or agreement issued or entered into by a municipality, or a permit, licence or other approval issued under the Beaches Act or the Crown Lands Act, before the date on which this Act came into effect and for which the expiry date or extensions of the expiry date do not exceed such period of time as is prescribed; (j) "existing project approval" means a prescribed approval granted for a project prior to the date on which this Act came into effect; (k) "existing structure" means a structure that was complete, or for which construction was substantially underway, and, where required at the time of construction, permitted under (i) a municipal building or development permit or agreement, or (ii) a permit issued under the Beaches Act or Crown Lands Act, by the appropriate authority before the date on which this Act came into effect; (l) "federal Crown lands" means property of Her Majesty in right of Canada; (m) "footprint" means the area, location and dimensions of the parts of a structure including a foundation that extends below grade or the natural contour of the land; Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 2 of 8 3/15/2019, 10:48 AM (n) "Minister" means the Minister of Environment; (o) "modification" means, in relation to a structure, alteration and includes replacement; (p) "municipality" has the same meaning as in the Municipal Government Act; (q) "prescribed" means prescribed by the regulations; (r) "shore-stabilizing structure" means an installation that has the effect of altering or interfering with coastal ecosystems or the natural movement of coastal areas and processes, including coastal erosion; (s) "structure" includes a building, residence, facility, road, wharf, pier, boat slip, shore-stabilizing structure or other installation; (t) "watercourse" has the same meaning as in the Environment Act; (u) "wetland" has the same meaning as in the Environment Act. 4 Where a provision of this Act or the regulations conflicts with a provision of another enactment, the provision of this Act or the regulations prevails unless the provision of the other enactment provides a higher level of protection for coastal ecosystems. 5 The Minister has the general supervision and management of this Act and the regulations. 6 The Minister may (a) conduct, commission, fund or enter into agreements with any person to facilitate research into coastal protection and related management issues; (b) appoint any person, establish advisory committees and retain experts to advise the Minister on coastal protection and related management issues; and (c) undertake promotional and educational initiatives to inform the public about sea-level rise, coastal flooding, storm surges, coastal erosion, environmental protection of coastal areas and other related issues. 7 This Act is based on the following principles: (a) portions of the Province's coast are dynamic and naturally migrate landward and seaward as a result of the interaction of natural forces such as tides, winds, currents and wave action with varying geological conditions; (b) preservation of the dynamic nature of the coast is important in order to protect and allow for the natural adaptation of coastal ecosystems that provide fish, wildlife and plant habitat and perform important ecological functions that Nova Scotians value; (c) human-made structures designed to delay or obstruct the natural migration and shifting of coastal features may accelerate the effects of coastal erosion and may accelerate these effects on adjacent properties that do not contain similar structures; (d) coastal features such as beaches, dune systems, barrier beaches, coastal lagoons, barachois ponds, coastal wetlands and salt marshes provide valuable habitat and provide other valuable ecological functions and services important to the health and well-being of Nova Scotians; (e) sea-level rise, coastal flooding, storm surge and coastal erosion pose significant threats to the safety of future development in coastal areas; Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 3 of 8 3/15/2019, 10:48 AM (f) there is a link between economic and environmental issues and a recognition that long-term economic prosperity depends upon sound environmental management and that effective environmental protection depends upon a strong economy; and (g) risk-informed decisions regarding development in coastal areas are an important part of climate change adaptation given the inevitability of relative sea-level rise, coastal flooding, storm surge and coastal erosion and their related impacts on the Province. 8 (1) The Coastal Protection Zone is the prescribed area of land, including land covered by water, on the coast (a) lying to the seaward of the ordinary high-water mark; and (b) lying to landward immediately adjacent to the land described in clause (a). (2) The Coastal Protection Zone does not include (a) federal Crown lands including First Nations reserves, lands used for national defence, marine terminals and lands and structures used for transportation and other infrastructure; or (b) lands exempted by the regulations. 9 No person may construct, modify or locate a structure in the Coastal Protection Zone unless the construction, modification or location of the structure is in compliance with this Act and the regulations. 10 No person may carry on any activity in the Coastal Protection Zone that interferes with the natural dynamic and shifting nature of the coast unless the activity is done in compliance with this Act and the regulations. 11 No person may alter a wetland in the Coastal Protection Zone unless it is done in compliance with this Act and the regulations. 12 (1) Subject to subsection (2), a municipality may not issue a building or development permit or enter into an agreement for (a) the construction of a structure; or (b) the modification of an existing structure that materially extends its footprint or height, in the Coastal Protection Zone unless the application for the permit is accompanied by a recommendation from an independent designated professional certifying that the proposed structure or modification and its location are in compliance with this Act and the regulations. (2) A municipality may issue a building or development permit or enter into an agreement for a structure in the Coastal Protection Zone without the recommendation required under subsection (1) for (a) a structure that is exempted under this Act or the regulations; or (b) a structure for which the proposed location is exempted under the regulations. 13 A permit issued under the Beaches Act or the Crown Lands Act for the construction or modification of a structure in the Coastal Protection Zone must comply with this Act and the regulations. 14 (1) A person may construct a structure in the Coastal Protection Zone in accordance with an Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 4 of 8 3/15/2019, 10:48 AM existing permit. (2) A person may act, including construct a structure, in accordance with an existing project approval. (3) A person may undertake or continue an activity in the Coastal Protection Zone in accordance with an existing approval. 15 (1) Subject to subsection (2), construction or modification of a structure in the Coastal Protection Zone for the purpose of operating a commercial or industrial operation is permitted if (a) direct access to the seaward side of the ordinary high-water mark is essential to the operational requirements of the commercial or industrial operation; and (b) the construction or modification of the resulting structure is consistent, wherever possible, with the purpose and principles of this Act. (2) A structure referred to in subsection (1) does not include a private residence, even where the structure is used in connection with the commercial or industrial operation. 16 Nothing in this Act prevents the construction, repair, maintenance or modification of federal, provincial or municipal public infrastructure in the Coastal Protection Zone if it is done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 17 (1) Nothing in this Act prevents commercial fishing, aquaculture, harvesting or processing activity conducted legally under a permit, lease, licence or other approval pursuant to federal or Provincial fisheries legislation. (2) Nothing in this Act affects the requirement to comply with the terms and conditions of a permit, lease, licence or other approval pursuant to federal or Provincial fisheries legislation. (3) The positioning, siting, construction, repair, maintenance or modification of a structure related to a commercial fishery, aquaculture or harvesting operation in the Coastal Protection Zone must be done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 18 (1) Nothing in this Act prevents the construction and operation of a marine renewable energy project under a permit, lease, agreement or other approval issued under the Marine Renewable- energy Act or other federal or Provincial legislation. (2) Nothing in this Act affects the requirement to comply with the terms and conditions of a permit, lease, agreement or other approval issued under the Marine Renewable-energy Act or other federal or Provincial legislation. (3) The positioning, siting, construction, repair, maintenance or modification of a structure related to a marine renewable energy project in the Coastal Protection Zone must be done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 19 (1) Nothing in this Act prevents the construction, repair, maintenance or modification of structures intended to protect the physical integrity of agricultural marshlands or agricultural activity conducted on those marshlands. (2) The construction, repair, maintenance or modification of a structure protecting parts of an agricultural marshland in the Coastal Protection Zone must be done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 20 An approval issued under the Environment Act for an activity designated under that Act and Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 5 of 8 3/15/2019, 10:48 AM proposed for the Coastal Protection Zone must take into consideration the purpose and principles of this Act and require that the activity is carried out in accordance with the regulations under this Act. 21 Activities undertaken for the purpose of conserving, preserving, restoring or reclaiming beaches, salt marshes, coastal wetlands and fish, wildlife and plant habitat in the Coastal Protection Zone that are authorized under the Beaches Act or the Environment Act must be done in a manner that is consistent with the purpose and principles of this Act and in compliance with the regulations. 22 (1) Nothing in this Act prevents the construction, repair, maintenance or modification of a structure intended to protect the physical integrity of or public access to lands in the Coastal Protection Zone if the lands are designated as (a) a protected site or ecological site under the Special Places Protection Act; (b) a wilderness area under the Wilderness Areas Protection Act; (c) land designated or continued as a provincial park under the Provincial Parks Act; or (d) Crown land determined to be a beach under the Beaches Act. (2) Activities permitted under subsection (1) must be done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 23 Nothing in this Act prevents construction, repair, maintenance and other activities that are necessary to restore, preserve and protect a cemetery located in the Coastal Protection Zone if such construction and activities are done in a manner that is consistent, wherever possible, with the purpose and principles of this Act. 24 (1) No action lies against Her Majesty in right of the Province, the Minister or any other persons acting under the authority of this Act and the regulations for any loss or damages suffered by any person by reason of anything done in good faith or omitted to be done in the purported exercise of any powers given by this Act or the regulations. (2) Her Majesty in right of the Province is not liable or required to pay compensation to any party as a result of the enactment of this Act or the regulations, including as a result of (a) changes in land values related to part or all of a parcel of land as a result of inclusion in or being adjacent to the Coastal Protection Zone; (b) changes in the suitability of a parcel of land for the construction of a structure due to its inclusion in the Coastal Protection Zone or restrictions applicable to the Zone; (c) damage to a parcel of land, an existing structure or a structure constructed subsequent to a parcel of land being included in the Coastal Protection Zone resulting from or related to sea-level rise, coastal flooding, storm surge, coastal erosion or similar events; or (d) changes in the availability or cost of insurance or financing for an existing or proposed structure located in the Coastal Protection Zone. 25 A person who contravenes this Act or the regulations is guilty of an offence. 26 The regulations made under this Act must take into account the purpose and principles of this Act. 27 (1) The Minister may make regulations respecting standards to be adhered to in constructing, modifying, repairing and maintaining structures and carrying out permitted activities in the Coastal Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 6 of 8 3/15/2019, 10:48 AM Protection Zone. (2) The exercise by the Minister of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act. 28 (1) The Governor in Council may make regulations (a) defining the boundary of the Coastal Protection Zone, including sub-zones within the Coastal Protection Zone; (b) respecting exemptions for areas of land, types of structures and activities from provisions of this Act; (c) respecting the types of and requirements for an approval to be considered an existing approval; (d) respecting the types of and requirements for an approval to be considered an existing project approval; (e) authorizing the Minister to grant exemptions for areas of land, structures or activities and setting out the criteria under which such exemptions may be granted; (f) designating professions the members of which may be a designated professional; (g) respecting the requirements for a person to be qualified as a designated professional; (h) respecting the conditions and standards, for the construction, modification and location, for proposed structures in the Coastal Protection Zone; (i) permitting or prohibiting activities in the Coastal Protection Zone; (j) respecting the issuance or entering into by a municipality of building and development permits and agreements for structures in the Coastal Protection Zone; (k) requiring municipalities to report to the Minister and provide information and data regarding the issuance or entering into of a building or development permit or agreement on land in the Coastal Protection Zone; (l) respecting the maximum extension period from the original date of issue of a permit to still be an existing permit; (m) respecting the modification of existing structures; (n) respecting the construction of erosion control structures, including shore-stabilizing structures, to protect existing structures; (o) respecting infilling and the alteration, modification or destruction of sensitive coastal features in the Coastal Protection Zone; (p) defining any word or expression used but not defined in this Act; (q) further defining any word or expression defined in this Act; (r) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act. (2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act. Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 7 of 8 3/15/2019, 10:48 AM 29 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 12, 2019. Send comments to legc.office@novascotia.ca. Nova Scotia Legislature - Bill 106 - Coastal Protection Act https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b106.htm 8 of 8 3/15/2019, 10:48 AM New Coastal Protection Legislation - Government of Nova Scotia, Canada https://novascotia.ca/news/release/?id=20190312002 1 of 3 3/15/2019, 11:30 AM A new law will set out clear rules for sensitive coastal areas. Today (March 12th), Environment Minister Margaret Miller introduced the Coastal Protection Act. She says it will help protect salt marshes, dunes and other important coastal features that protect coastlines. It will also ensure new construction along the coast New Coastal Protection Legislation - Government of Nova Scotia, Canada https://novascotia.ca/news/release/?id=20190312002 2 of 3 3/15/2019, 11:30 AM happens in safer places. Last summer, the province consulted Nova Scotians about the proposed law. More than thirteen-hundred people responded. New Coastal Protection Legislation - Government of Nova Scotia, Canada https://novascotia.ca/news/release/?id=20190312002 3 of 3 3/15/2019, 11:30 AM New bill will force owners to build farther back from Nova Scotia coastl...https://www.cbc.ca/news/canada/nova-scotia/coast-protection-bill-buildi... 1 of 3 3/15/2019, 11:31 AM New bill will force owners to build farther back from Nova Scotia coastl...https://www.cbc.ca/news/canada/nova-scotia/coast-protection-bill-buildi... 2 of 3 3/15/2019, 11:31 AM New bill will force owners to build farther back from Nova Scotia coastl...https://www.cbc.ca/news/canada/nova-scotia/coast-protection-bill-buildi... 3 of 3 3/15/2019, 11:31 AM REQUEST FOR DECISION Prepared By:Pam Myra, Municipal Clerk Date March 6, 2019 Reviewed By:Malcolm Pitman, Director of Finance Date March 7, 2019 Authorized By:Dan McDougall, CAO Date March 14, 2019 CURRENT SITUATION Presently salaries are determined using the 2018/19 Salary Band Schedule approved by Council on March 8, 2018 (2018-105/111). RECOMMENDATION Information –refer to options. BACKGROUND Annually Council considers applying the previous year’s Consumer Price Index Rate (All Items for Nova Scotia)to the Salary Scale. This approval has traditionally been approved prior to the beginning of the April 1 Fiscal Year to ensure a smooth transition for payroll calculations (reducing the need for Payroll Staff to determine wages/salaries for hours incurred from April 1 to the approval date). DISCU SSION IMPLICATIONS Policy Policy P-09 Remuneration of Warden, Deputy Warden, and Councillors Policy P-55 Personnel Policy (Section 5.3.1) Financial/Budgetary Application of the 2018 CPI to the current Salary Scale will result in an increase in current annual salaries of 2.2% over the 2018/19 Employee Salaries, equating to approximately $70,001 from the fiscal year ending 2019/20 (March 31, 2019) to the fiscal year 2019/20 (April 1, 2019). This calculation does not include part-time wages, retirements,new hires, or annual salary adjustments following completion of a favourable annual employee review. REPORT TO:Committee of the Whole –March 21, 2019 SUBMITTED BY:CAO/Clerk DATE:March 21, 2019 SUBJECT:Cost of Living Adjustment (Consumer Price Index) ORIGIN:Annual Consideration Request for Decision (continued)2 Application of the 2018 CPI to salaries of Councillors will result in an increase in remuneration of 2.2% over 2018/19 equating to approximately $3,949 (this does not include remuneration of Committee Members). Environmental Not applicable. Strategic Plan Not applicable. Work Program Implications Approval of the CPI prior to April 1 will reduce the need for additional resources (staff time) required to calculate CPI to regular and overtime salaries/wages incurred from April 1 to a later approval date (the date the 2019/20 budget is approved). OPTIONS 1.Approve CPI at 2.2% by: Approving the Draft 2019/20 Employee Salary Bands -Approve the Cost of Living increase by the Consumer Price Index –All Items for Nova Scotia 2018 by 2.2% Effective April 1, 2019; and Recommend the amendment to Policy P-09 Warden, Deputy Warden, and Councillors Salaries -Give Notice of Intention to Amend Policy P-09 to increase annual remuneration Cost of Living by the Consumer Price Index –All Items for Nova Scotia 2018 by 2.2% Effective April 1, 2019. 2.Not Approve the Cost of Living increase for Employee Salary Bands or Policy P -09 by the 2018 Consumer Price Index of 2.2%. ATTACHMENTS 1.Copy of information regarding CPI from Government of Canada website supplied by Director of Finance. 2.Copy of Policy P-09 Remuneration of Warden, Deputy Warden, and Councillors. 3.Copy of Policy P-55 Personnel Policy (Section 5.3.1). 4.Calculations –Impact of CPI for Council/Staff. 5.Draft 2019/20 Employee Salary Band Schedule showing 2.2% increase in salary bands. 6.History of Consumer Price Index 2012 to 2018. 7.Copy of confirmation email from Director of Finance regarding figures used. Request for Decision (continued)3 COMMUNICATIONS (INTERNAL/EXTERNAL) Not applicable. REQUEST FOR DECISION Prepared By:Chad Haughn Date March 14, 2019 Reviewed By:Dan McDougall Date March 15, 2019 Authorized By:Dan McDougall Date March 15, 2019 CURRENT SITUATION District Council Grant applications can be submitted at any point throughout the fiscal year. Recently, three applications were received to be considered by Council. RECOMMENDATION It is recommended that Council review the attached District Council Grant applications and make funding decisions for each. DISCUSSION The following three District Council Grant applications were received: DISTRICT GROUP PROJECT REQUEST FUNDS AVAILABLE 3 Chester Municipal Heritage Society 2019 Canada Day Celebrations $727 $727 6 Charing Cross Garden Club 2019 District 5 Regional Meeting & Conference $400 $2,500 6 New Ross Regional Development Society Repairs to Community Bandstand $2100 $2,500 The Councilors for both District 3 & 6 are aware of the proposed projects. IMPLICATIONS Policy Financial/Budgetary The total budget for District Council Grants is $17,500 or $2,500 per district.There is adequate funding available in both districts related to the applications being considered. REPORT TO:Municipal Council SUBMITTED BY:Chad Haughn,Recreation & Parks Dept. DATE:March 21, 2019 SUBJECT:Review of District Council Grant ORIGIN:Grants Program 2 Request For Decision /Direction Environmental Strategic Plan Strengthen and support environmental, cultural, and social resources. ATTACHEMENTS 1.Copy of the three District Council Grant applications. 2.Updated Spreadsheet on all District Council Grant Funds. District Council Grants 2018-2019 Updated March 14, 2019 Requested Approved Deep Cove Fireworks & Weiner Roast 500.00$ 500.00$ Parish of Blandford: Swissair 20th Anniversary Event 500.00$ 500.00$ East Chester Rec Hall: New Card Tables 1,000.00$ 1,000.00$ Aspotogan Recreation Association: Childrens Christmas Party 300.00$ 300.00$ TOTAL FUNDS APPROVED 2,300.00$ Hubbards Area Lions Club: Renos 1,000.00$ 1,000.00$ Mill Cove / Fox Point Beach Committee: Ramp Repair 1,000.00$ 1,000.00$ Aspotogan Fitness Club: Fitness Equipment Move 500.00$ 500.00$ TOTAL FUNDS APPROVED 2,500.00$ Chester Legion: Summer Picnic 500.00$ 500.00$ Church Memorial Park: Beer Garden 500.00$ 500.00$ St Stephens: Musical Friends Program 250.00$ 250.00$ CAMS: Memory Garden Project 523.00$ 523.00$ Chester Municipal Heritage Society: Canada Day 727.00$ TOTAL FUNDS APPROVED 1,773.00$ Friends of 250th Legacy Park: Walkway to Croft Rd 1,000.00$ 1,000.00$ Basin Recreation Park: Lawn Tractor 1,000.00$ 1,000.00$ TOTAL FUNDS APPROVED 2,000.00$ Royal Canadian Legion, Branch 144: Canada Day 833.00$ 833.00$ Western Shore & Area Improvement: Canada Day 833.00$ 833.00$ Western Shore Fire Department: Annual Parade 833.00$ 833.00$ TOTAL FUNDS APPROVED 2,499.00$ Charing Cross Garden Club: Regional Meeting & Conference 400.00$ New Ross Regional Dev Association: Repairs to Bandstand 2,100.00$ TOTAL FUNDS APPROVED -$ Canaan & District Hall: Building Repairs 2,500.00$ 2,500.00$ TOTAL FUNDS APPROVED 2,500.00$ Total Funds Approved 13,572.00$ Total District Grant Budget 17,500.00$ Remaining Funds 3,928.00$ District 6 District 7 District 2 District 3 District 1 District 4 District 5 REQUEST FOR DECISION /DIRECTION Prepared By:Matthew S. Davidson,P. Eng.Date March 6, 2019 Reviewed By:Dan McDougall, CAO Date March 12, 2019 Authorized By:Dan McDougall, CAO Date March 14, 2019 CURRENT SITUATION The three (3) year pre-qualification contracts for consulting engineering services are set to expire on March 31, 2019. Separate pre-qualified service contracts were set up, one (1)for Engineering &Public Works with CBCL Ltd, Stantec, and ABLE Engineering (formerly Hiltz & Seamone) and another for Solid Waste with CBCL Ltd and Dillon Consulting. RECOMMENDATIONStaff recommend:1)to draft a single Request for Expression of Interest (REI) for Consulting EngineeringServices for a period of three (3) years, that will pre -qualify up to three (3)consultants and two (2) special vendors for Public Works projects only, and the REIbe presented to Council prior to issuance for approval;2)the issuance of Request for Proposals for Consulting Engineering Services related toprojects outside of the scope of the REI (i.e.landfill projects) on an as required basis,as per procurement policy. BACKGROUND In 2011, MODC awarded a five (5) year consulting engineering contract to a single firm, SNC Lavalin Inc. Prior to this, consulting engineering services were completed by KVM Consultants Ltd. In April 2015,Council directed staff to revise our procurement process for Engineering Services. The revisions were to reflect that separate service contacts were to be issued, one (1)for Public Works projects and one (1)for Solid Waste projects, in recognition of the specific expertise required Solid Waste projects which differs from the customary public works projects. REPORT TO:Municipal Council SUBMITTED BY:Engineering & Public Works Department DATE:March 21, 2019 SUBJECT:Consulting Engineering Services ORIGI Expiry of Pre-qualification Contracts 2 Request For Decision Additionally,staff were directed to establish a pre-qualified list of vendors, who would thence be selected to bid on projects during the specified term (3 -year term). Subsequently, Council approved (2016-007) the revision of the procurement policy changing the length of contract for engineering services from 5 years to 3 years; and approved (2016-076) the issuance of Engineering Services Expression of Interest as it pertains to the Pre-Qualification of up to three proponents, the evaluation criteria to be used and the exclusions to the contract as presented in staff’s report. At the April 14th, 2016 Council meeting, Council approved (2016-165)the pre-qualification of CBCL Ltd and Dillon Consulting to provide professional services to the Municipality for a three (3) year period for ongoing operational and capital improvements as required for T -2016-003 Engineering Services –Solid Waste at the Kaizer Meadow Environmental Management Centre. At the May 12th, 2016 Council meeting,Council approved (2016-197)the pre-qualification of CBCL Ltd, Stantec and Hiltz & Seamone to provide professional services to the Municipality for a three (3) year period for ongoing operational and capital improvements as required for T-2016-001 Engineering Services –Public Works. During the contract period,which ends March 31, 2019,staff have issued numerous requests (22)for proposals to the aforementioned consultants, with every consultant being awarded at least one (1) project. DISCUSSION Staff are preparing for the reissuance of the expression of interest for engineering services, as per the Procurement Policy (P-04). The length of contract term for engineering service is three (3) years. This contract length was chosen to balance administration, routine procurement, ensuring value for money and continuity of service. The following items are not guided by policy: 1)Pre-qualification list –there is a need to balance administration, ensuring experienced multi-disciplined firm(s)are hired and to provide the greatest chance for getting the best value for money.Staff recommend maintaining a prequalified list of consultants, with the following exceptions or clauses: 3 Request For Decision a.If the project scope is outside the scope of services, as deemed by the Municipality, which the Consultants and Special Service Vendors are pre-qualified for; b.If the project is being performed on behalf of a Village or another Municipal unit, that they may invite one (1)Consultant of it’s choosing to bid on that project; c.If the Municipal Engineer estimates the value of the engineering component of the project to be greater than $50,000, may issue a specific REI for the project; d.At the time of re-issuing REI,all projects will be brought to a logical conclusion by the existing consultant, where possible.If advantageous to the Municipality, the Municipality reserves the right to continue working with the existing consultant on specific projects to see them to completion (i.e. design to construction); e.The Municipality may select up to two (2) special service vendors from all submissions and those not pre-qualified to provide: i.local engineering support valued at $5000 or less per project; ii.A consultant that processes expertise in a specific field that is advantageous to the Municipality. 2)Evaluation criteria –there is a need to ensure that the Municipality retains experienced multi-disciplined firm(s)who can complete the variety of projects that are planned and sometimes unplanned in the foreseeable future. Therefore, the focus, at the time of the REI, is on the corporation and their technical abilities, with price not being a factor. After pre-qualification, knowing that all firms are have the necessary technical abilities, price is normally the main factor in the award of work, along with experience related to the field of expertise for a specific project.Proposals will be evaluated and ranked according to Corporation (20%), Technical Ability (60%), Communication/Reporting (15%) and Quality of Proposal (5%). 3)Two (2) separate service contracts, one (1) for Engineering & Public Works projects and one (1) for Solid Waste projects –there is a need to ensure that specific expertise is required at times for Solid Waste projects and possibly projects over the next three (3) years. Given the workplan listed in the financial implications over the next three (3) years, as well as the exclusion clauses,where the Municipality has the flexibility to retain specific expertise when required; staff recommend a single engineering service contract. Furthermore, staff would recommend that to ensure project continuity, that the projects listed in the work plan section that are currently in progress,be completed by the consultant who is working on it, see work plant for specific information. 4 Request For Decision I MPLICATIONS Policy Procurement Policy (P-04) includes the direction to routinely procure engineering services every three (3) years, but it does not provide guidelines on the separation of services into specific contracts, nor the pre-qualification process itself. The Policy also defines the Request for Expression of Interest (REI) as a tool to short-list or pre-qualify service providers, and price is not normally an evaluation criterion. After pre-qualification, knowing that all firms are have the necessary technical abilities, price and specific experience in the field of expertise for the project are normally the main evaluation criteria in the award of work. It would be at this time that staff would apply 5% bonus to bidders located within our Municipality, as per Section 7.0 of P-04. Financial/Budgetary Currently, the proposed 10-year capital plan (in draft form)includes the following projects which may require engineering consultants. The proposed budgets would include engineering fees, see table below. Fiscal Year Project 2019-2020 Trail Bridge Evaluation Leachate Treatment Upgrades* Kaizer Meadows Ind. Park Development –Design Kaizer Meadows Road Improvements –Construction Inflow & Infiltration Reduction New Ross Wastewater Imp.–Study Chester Wastewater Imp.–Upgrades* Otter Point Wastewater Imp.–New Plant* Mill Cove Fire Protection System Imp.–Pump/Reservoir* Municipal Office Renovations Municipal Wharf Inspection Village of Chester –Water 2020-2021 Landfill Cell 3b/4b 5 Request For Decision Trail Bridge Evaluation Scale house/Public Drop off Renovations Kaizer Meadows Ind. Park Development -Design Chester Basin Wastewater Imp.–New Plant* New Ross Wastewater Imp.–Design Mill Cove Fire Protection System Imp.–Distribution System Renewal Chester Wastewater Imp.–Clarifier Renewal Western Shore Wastewater Imp.–Clarifier Renewal Inflow & Infiltration Reduction Municipal Wharf Repairs Gold River Wastewater Imp -Study Village of Chester –Water 2021-2022 Trail Bridge Evaluation Chester Wastewater Imp.–Design New Ross Wastewater Imp.–Construction Inflow & Infiltration Reduction Mill Cove Fire Protection System Imp.–Distribution System Renewal Municipal Wharf Inspection Otter Point Wastewater Imp.–Pump Station Queen Street –Sidewalk Renewal Gold River Wastewater Imp.–Design Village of Chester –Water Environmental Most of the capital works plan is related to wastewater systems and ensuring environmental compliance, or to increase municipal wastewater service delivery to residents. Strategic Plan 2. Continually improve public satisfaction with munic ipal services; 3. Ensure sufficient infrastructure is available to best serve our residents and businesses; Work Program Implications The projects that already have been initiated and their associated consultants are listed below. Utilizing the current consultants to complete the projects ensures project continuity and cost effectiveness. 6 Request For Decision Project Consultant Leachate Treatment Upgrades CBCL Ltd Landfill Capacity and Closure Cost Review Dillon Consulting Chester Wastewater Imp.–Upgrades Stantec Otter Point Wastewater Imp.–New Plant CBCL Ltd Mill Cove Fire Protection System Imp.–Pump/Reservoir CBCL Ltd Chester Basin Wastewater Imp.–New Plant CBCL Ltd OPTIONS 1.Contract work as recommended,issuing one (1) engineering contract for engineering services, that is reviewed and approved by Council; 2.Contract work with two (2) engineering contracts; 3.Defer any decision on the matter and direct staff to bring back further information as identified by Council. ATTACHMENTS 2016-01-31_Request for Expression of Interest –EPW Consulting Engineering Services INFORMATION REPORT Prepared By: Tara Maguire, Director Date March 13, 2019 Reviewed By: Dan McDougall, CAO Date March 15, 2019 Authorized By: Dan McDougall, CAO Date March 15, 2019 BACKGROUND On March 6, 2019 Bill 101, the Tourist Accommodations Registration Act, was given First Reading by the Legislature. The current Tourist Accommodations Act regulates short term tourist accommodations over 3 rooms but does not deal with fully self-catering rental units commonly called Air B&Bs. The new Act regulates short term accommodations (rentals of 28 days or less to a single party or group) and will require some airBnBs to register with the Province. The Act will not apply to a host home owner if the short-term rentals are being offered in the host home owner’s primary residence. The Act will be accompanied by regulations that have not yet been developed. The news releases for the Bill indicates the intention is to modernize the regulations for Tourist Accommodations. The current Act contains some outdated regulations for existing tourist accommodations such as requirements for rooms to have alarm clocks, ashtrays and the number of coat hangers in a room. While it is not clear what the new regulations will contain, it appears that the intent is to reduce ‘red tape’ and make it easier for people to participate in the industry, and to grow the tourist industry in the province while addressing what some current operators felt were inequities. A second amendment to the Assessment Act will ensure that any “small-scale residential tourist accommodation” is assessed at residential rates rather than at a business or commercial rate. What constitutes a “small-scale residential tourist accommodation” is not yet determined. The Province’s new release states the Bill will have no impact on Municipal land use regulations. This is true in that it will not change the relationship between the regulations and the land use bylaw however, it may have an impact on regulation and enforcement at the local level. Currently in Chester, in areas where we have restrictive zoning in place such as within the Village Planning Area, we regulate tourist accommodations for B&B rooms and traditional accommodations for the travelling public such as inns, hotels and motels where there is typically a front counter or a public lobby. Residential homes and any legally permitted guest studios or cottages that are rented to the travelling public as fully self -catering units are considered residential uses under the Land Use by-laws regardless of whether the home is a person’s primary residence or not. Currently no additional development or building permits are required to operate a fully self-catering tourist accommodation in Chester and they are permitted in all zones. REPORT TO: Committee of the Whole SUBMITTED BY: Community Development Department DATE: March 21, 2019 SUBJECT: Tourist Accommodations Registration Act ORIGIN: Bill 101 2 Information Report Currently there are multiple websites where a person can post their home for rent such as www.airbnb.com or www.flipkey.com. Even owners of more traditional tourism accommodations will advertise their accommodations on such websites. The mere appearance of a rental on such a website does not necessarily mean it is considered a fully self-catering tourist accommodation or AirBnB unit. Currently 60 to 75 rental units are advertised on these websites for the Chester area and include motel rooms from the Wind Jammer to full home rentals across the Municipality including Hubbards, the Aspotogan Penninsula, the Village of Chester, Martin Point to Aldersville. When the new provincial regulations for Tourist Accommodations come into effect the Municipality will need to review its practise for self-catering tourist rentals to see if there are situations where we should be considering them a commercial use and whether that use is suitable for the zone the home is located in. BILL NO. 101 (as introduced) 2nd Session, 63rd General Assembly Nova Scotia 68 Elizabeth II, 2019 Government Bill Tourist Accommodations Registration Act The Honourable Geoff MacLellan Minister of Business First Reading: March 6, 2019 Second Reading: Third Reading: An Act Respecting the Registration of Tourist Accommodations Be it enacted by the Governor and Assembly as follows: Nova Scotia Legislature - Bill 101 - Tourist Accommodations Registrati...https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b101.htm 1 of 4 3/15/2019, 10:48 AM 1 This Act may be cited as the Tourist Accommodations Registration Act. 2 In this Act, (a) "host" means a person who carries on the business of offering short-term rental of roofed accommodations to the travelling or vacationing public in the Province; (b) "platform operator" means a person who facilitates or brokers reservations for the short-term rental of roofed accommodations via the Internet and who receives payment, compensation or any other financial benefit in connection with a person making or completing reservations of such short- term rentals; (c) "primary residence" means a dwelling unit owned or rented and occupied by an individual either alone or jointly with others in which the individual is ordinarily resident; (d) "roofed accommodation" means (i) every building, part of a building, group of buildings or place of accommodation that provides one or more residential units used mainly for the reception of the travelling or vacationing public, (ii) cottages or cabins, or (iii) any building or part of a building designated as a roofed accommodation by the regulations; (e) "short-term rental" means the provision of roofed accommodations to a single party or group, for payment or compensation, for a period of 28 days or less. 3 (1) Subject to subsection (2), no person shall carry on the business of a host without first registering under this Act in the manner set out in the regulations. (2) Subsection (1) does not apply to a person carrying on the business of a host if the only short- term rental of roofed accommodations offered by the person is the person's primary residence. (3) No person shall carry on the business of a platform operator without first registering under this Act in the manner set out in the regulations. 4 (1) Every platform operator listing, advertising or facilitating the listing or advertising of short- term rentals of roof accommodations in the Province shall keep a record of each concluded transaction in relation to such short-term rentals listed or advertised on its platform for seven years following the last day of the rental period. (2) Records required to be retained under subsection (1) must include (a) the name, address and registration number, if applicable, of the host; (b) the number of nights the roofed accommodations were rented; (c) the nightly and total price charged for the rental; and (d) any other information required by the regulations. 5 A person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 and such additional penalty as may be prescribed by the regulations. 6 (1) The Governor in Council may make regulations Nova Scotia Legislature - Bill 101 - Tourist Accommodations Registrati...https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b101.htm 2 of 4 3/15/2019, 10:48 AM (a) designating a building or part of a building as a roofed accommodation; (b) establishing a requirement to register under this Act, including defining any classes of persons required to register, terms of eligibility and any terms and conditions to be applied to applicants or registrants; (c) respecting applications for registrations of roofed accommodations, hosts and platform operators; (d) respecting the collection, use and disclosure of any information collected or provided pursuant to this Act; (e) prescribing the fees to be charged for registrations required under this Act; (f) respecting the form of any registration system required pursuant to this Act; (g) prescribing additional penalties for non-compliance with this Act; (h) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act. (2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act. 7 Section 2 of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, as amended by Chapter 19 of the Acts of 1990, Chapter 18 of the Acts of 1998, Chapter 9 of the Acts of 2000, Chapter 15 of the Acts of 2002, Chapter 9 of the Acts of 2005, Chapter 19 of the Acts of 2006, Chapter 9 of the Acts of 2007, Chapter 36 of the Acts of 2008 and Chapter 16 of the Acts of 2012, is further amended by (a) repealing clause (ba) and substituting the following clause: (ba) "camping establishment" means any premises operated for profit or gain for the accommodation of the travelling or vacationing public comprising (i) land maintained as grounds for camping or for overnight parking of recreational vehicles, or (ii) a separate building or buildings containing a rental unit of one room used as an alternative form of accommodation in a campground, but does not include any part of premises licensed under the Liquor Control Act as a cabaret, tavern, beverage room or lounge; and (b) repealing clause (tb) and substituting the following clause: (tb) "roofed accommodation" has the same meaning as in the Tourist Accommodations Registration Act, but does not include any part of premises licensed under the Liquor Control Act as a cabaret, tavern, beverage room or lounge; 8 Clause 2(a) of Chapter 51 of the Acts of 2001, the Halifax Regional Municipality Marketing Levy Act, is amended by striking out "licensed under the Tourist Accommodations" in the third and fourth lines and substituting "registered under the Tourist Accommodations Registration". 9 Clause 13(c) of Chapter 27 of the Acts of 2006, the Occupiers' Liability Act, is repealed. Nova Scotia Legislature - Bill 101 - Tourist Accommodations Registrati...https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b101.htm 3 of 4 3/15/2019, 10:48 AM 10 Clause 2(f) of Chapter 12 of the Acts of 2002, the Smoke-free Places Act, is amended by adding "Registration" immediately after "Accommodations" in the last line. 11 Chapter 9 of the Acts of 1994-95, the Tourist Accommodations Act, is repealed. 12 Clause 2(a) of Chapter 33 of the Acts of 2005, the Yarmouth Marketing and Promotions Levy Act, is amended by striking out "licensed under the Tourist Accommodations" in the second and third lines and substituting "registered under the Tourist Accommodations Registration". 13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2019 Crown in right of Nova Scotia. Created March 6, 2019. Send comments to legc.office@novascotia.ca. Nova Scotia Legislature - Bill 101 - Tourist Accommodations Registrati...https://nslegislature.ca/legc/bills/63rd_2nd/1st_read/b101.htm 4 of 4 3/15/2019, 10:48 AM Legislation to Help Modernize and Grow Tourism Sector - Government ... https://novascotia.ca/news/release/?id=20190307003 1 of 4 3/15/2019, 10:46 AM Legislation to Help Modernize and Grow Tourism Sector - Government ... https://novascotia.ca/news/release/?id=20190307003 2 of 4 3/15/2019, 10:46 AM Nova Scotia is modernizing the rules around tourist accommodations to support tourism growth across the province. Legislation introduced today (March 7th) that will repeal the outdated Tourist Accommodations Act and replace it with a new registration act. Under the new act, if you provide a short-term rental in your primary residence, you won’t have to register at all. All others will be required to register through a simple online system. Business Minister Geoff MacLellan says the changes reduce red tape and encourage more people to take part in the tourism sector. Municipal Affairs Minister Chuck Porter is also proposing amendments to the Assessment Act to provide clarity for short- term rental operators. The amendments would ensure that small-scale operators Legislation to Help Modernize and Grow Tourism Sector - Government ... https://novascotia.ca/news/release/?id=20190307003 3 of 4 3/15/2019, 10:46 AM will be assessed at a residential property tax rates, not commercial. The changes won’t take effect for another year to allow time for more engagement with municipalities and people in the tourism sector. Nova Scotia has a goal to reach four-billion-dollars in revenue in the tourism sector by 20-24 – up from two-point- seven in 2017. Legislation to Help Modernize and Grow Tourism Sector - Government ... https://novascotia.ca/news/release/?id=20190307003 4 of 4 3/15/2019, 10:46 AM Province changing rules around Airbnb and other short-term accommoda... https://www.cbc.ca/news/canada/nova-scotia/airbnb-short-term-rentals-p... 1 of 3 3/15/2019, 10:46 AM Province changing rules around Airbnb and other short-term accommoda... https://www.cbc.ca/news/canada/nova-scotia/airbnb-short-term-rentals-p... 2 of 3 3/15/2019, 10:46 AM Province changing rules around Airbnb and other short-term accommoda... https://www.cbc.ca/news/canada/nova-scotia/airbnb-short-term-rentals-p... 3 of 3 3/15/2019, 10:46 AM REQUEST FOR DECISION /DIRECTION Prepared By:Greg Jonah, C.E.T.Date February 28, 2019 Reviewed By:Matt Davidson, P. Eng.Date March 11, 2019 Authorized By:Dan McDougall, CAO Date March 20, 2019 CURRENT SITUATION The Municipality of the District of Chester issued a request for standing offer on January 8, 2019 as per the Routine Procurement Policy (Policy P-04).Two (2)Bids were publicly opened on February 15, 2019. These submissions included;Clean Earth Industrial Services in the amount of $1,034,625.00 plus HST and;Royal Flush Services Ltd. in the amount of $707,625.00 plus HST . The lowest submission was approximately 200% of Engineering and Public Works Proposed Operational Budgeted cost. RECOMMENDATION It is respectfully recommended by the Engineering and Public Works Department that Council; 1.Reject the tender submissions received for MODC-T-2019-001 based on the submissions significantly exceeding the proposed amount budgeted. 2.Council agree to amend Appendix 3,of P-04, Routine Procurement Policy,Schedule of Routine Procurement Activities as follows: a.Remove “Sludge Removal and Disposal Services”from under heading “Every 3 years” b.Add “Sludge Removal and Disposal Services” from under heading “Every 5 years” 3.Issue a Request for Standing Offer for “Sludge Removal &Disposal Services and Vacuum Truck Support” for a period of five (5) years. BACKGROUND The objective of the Tender RSO MODC-T-2019-001 was to support the Municipality of the District of Chester’s (Municipality) ongoing operational requirements. The services to be provided are generally described as the removal of septage or waste sludge from the six (6) wastewater treatment plants on a routine frequency, as well as provide pumping of raw wastewater in emergency situations or for schedule projects. The sludge removal and disposal are essential to ensuring that the receiving waters are protected, and treatment plants meet their operational permits. RSO MODC-T-2019-001 REPORT TO:Municipal Council SUBMITTED BY:Engineering & Public Works Department DATE:March 21, 2019 SUBJECT:Sludge Removal and Disposal Services ORIGIN:P-04, Routine Procurement 2 Request For Decision /Direction DISCUSSION All submission received were significantly above Engineering and Public Works budget to have this work completed.Engineering and Public Works staff have discussed this with Industry professionals who have recommended changes to the RSO that would allow them to be more competitive. These include: Changes to the RSO requiring Policy change and Council Approval: Provide a longer terms contract (i.e. 5 years). This would provide the opportunity (i.e. security) to invest as necessary to provide efficient services and to be competitive. Changes to the RSO completed by staff: For clarity,In appendix “A”,remove the item in the pricing schedule for “stand- by” hourly rate and replace with “vacuum truck including operator” hourly rate. In addition, provide clarification of billable hours (f rom time of call to completion of work plus one (1) additional hour to dump load if required) For clarity, Under the heading of Equipment, add stipulation that the vacuum trucks must have a minimum of 3000 imperial gallon capacity. IMPLICATIONS Policy P-04, Routine Procurement -Section 10 of policy allows for policy to be amended from time to time with approval of Council Financial/Budgetary The next sludge removal and disposal service contract quantities will be based upon operational practice and historical trends which require the removal 400 loads (1.2 million gallons) of sludge per year and a vacuum truck onsite for 125 hours per year. As a high valve procured service, MODC must follow its procurement policy. Industry professionals have advised staff, that longer terms contracts (i.e. 5 years), provides the opportunity (i.e. security) to invest in the equipment necessary to provide eff icient services and to be more competitive. Based on the draft budget for 2019/2020, and if work was awarded to current lowest compliant bidder, the Equivalent Dwelling Unit (EDU) rate would have to increase approximately $200.00 per EDU to accommodate the increase in sludge removal and disposal fees. 3 Request For Decision /Direction Environmental This service is integral to the successful operation of the Municipal wastewater systems, ensuring that the Municipality is meeting its Federal and Provincial effluent requirements . 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 management of this contract is included in EPW Departments current operational work program. A longer-term contract of 5 years will reduce contract administration work related to the service and provide a continuity of service. OPTIONS 1.Award a three (3) year contract for Sludge Removal & Disposal Services (RSO MODC-T-2019- 001)to Royal Flush Services Limited, a Division of Royal Environmental Inc., a wholly -owned subsidiary of the Municipal Group of Companies,the lowest compliant bidder, for an estimated amount of $707,625.00 plus HST and increase the proposed budget accordingly; 2.Propose to Royal Flush Services Limited, a Division of Royal Environmental Inc., a wholly - owned subsidiary of the Municipal Group of Companies, the lowest compliant bidder,an award of a one (1) year contract for Sludge Removal & Disposal Services (RSO MODC -T- 2019-001)for an estimated amount of $222,750.00 plus HST,increase the proposed budget accordingly, and investigate other models for Sludge Removal and Disposal Servic es including in-house work; 3.As permitted within the procurement framework,where all submissions significantly exceed the proposed budgeted amounts, reject all RSO submissions for Sludge Removal & Disposal Services (RSO MODC-T-2019-001)and Issue an RSO with the recommended changes including contract work for 5 years, and update P-04;4.Defer any decision on the matter and direct staff to bring back further information as identified by Council. ATTACHMENTS N/A