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MUNICIPAL COUNCIL
AGENDA
Thursday, April 11, 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. to 9:00 a.m.)
4. MINUTES OF PREVIOUS MEETING:
4.1 Council – March 28, 2019
5. COMMITTEE REPORTS:
5.1 Committee of the Whole – April 4, 2019 – Warden Webber
(approval of motions only)
5.2 Committee of the Whole – March 21, 2019 – Warden Webber
(receive minutes only)
5.3 Any other Committees.
6. MATTERS ARISING:
6.1 Second and Final Notice - Amendment of Procurement Policy P-04 – Appendix 3
- Schedule of Routine Procurement Activities.
7. PUBLIC PRESENTATIONS:
7.1 Presentation/Application for Grant from Chris Acomb, Seniors’ Safety Coordinator
and Penny Carver regarding Lunenburg County Seniors’ Safety Program.
(appointment at 9:15 a.m.)
7.2 Presentation from Keith Boddy, NS Department of Transportation and
Infrastructure Renewal regarding Roundabout in Marriott’s Cove. (appointment at
10:00 a.m.
8. CORRESPONDENCE:
8.1 Email from Donna Lugar, Canadian Lyme Disease Foundation, requesting Council
to proclaim May 2019 as Lyme Disease Awareness Month.
Page 2 of 2
8.2 Request for Decision from Director of Information dated April 3, 2019 regarding
RFQ MODC-T-2019-003 Digital Ortho Photography Services.
9. NEW BUSINESS.
10. IN CAMERA.
11. ADJOURNMENT.
APPOINTMENTS
9:15 a.m. Chris Acomb and Penny Carver, Lunenburg County Seniors’ Safety Program
regarding presentation and application for grant.
10:00 a.m. Keith Boddy, NS Department of Transportation and Infrastructure Renewal regarding
Roundabout presentation.
MOTIONS FROM APRIL 4, 2019 COMMITTEE OF THE WHOLE
REQUIRING COUNCIL APPROVAL
2019-144 Approval of Agenda and Order of Business
2019-145 Approval of March 21, 2019 Committee of the Whole Minutes
2019-146 FOX POINT LAKE 2018 WATER QUALITY MONITORING REPORT
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council to receive the Fox Point Lake 2018 Water Quality
Monitoring Report and share copies with Nova Scotia Environment and the developers of the
Aspotogan Ridge site. CARRIED.
2019-147 2019 TESTING BUDGET FOR FOX POINT LAKE
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council to continue the monitoring program for the 2019 season
for Fox Point Lake with the selection of Option 1, submitted by Bluenose Coastal Action
Foundation, with a total cost estimate of $13,054.74. CARRIED.
2019-148 MOVE MAY 9 COUNCIL TO MAY 16, 2019
MOVED by Deputy Warden Shatford, SECONDED by Councillor Assaff that the Committee of the
Whole recommend to Council to, due to scheduling issues, move the May 9, 2019 Council
meeting to May 16, 2019. CARRIED.
2019-149 ON MAY 23 AND JUNE 6 HOLD BOTH COMMITTEE OF THE WHOLE AND
COUNCIL MEETINGS
MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the Committee
of the Whole recommend to Council that on the following dates a Committee of the Whole
meeting will take place, followed by a Council meeting:
May 23, 2019 – Committee of the Whole followed by Council
June 6, 2019 – Committee of the Whole followed by Council
CARRIED.
2019-150 IN CAMERA Section - 22(2)(e) of the MGA – Contract Negotiations
2019-151 Adjournment
139
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of Meeting of
COMMITTEE OF THE WHOLE
Held in Council Chambers, 151 King Street, Chester, NS
On Thursday, March 21, 2019
The meeting was called to order at 8:50 a.m. by Warden Webber.
ROLL CALL
Councillors Warden Webber (District 4) Deputy Warden Shatford (District 2)
Councillor Hector (District 1) Councillor Barkhouse (District 3)
Councillor Connors (District 6) Councillor Church (District 7)
Councillor Assaff (District 5)
Staff Dan McDougall, CAO Jennifer Webber, Communications Officer
Pam Myra, Municipal Clerk Sam Lamey, Municipal Solicitor
Public There were 2 members of the public in attendance and several members of staff.
Press There were no members of the press in attendance.
APPROVAL OF AGENDA/ORDER OF BUSINESS
Add: Sludge Removal and Disposal Tender MODC-T-2019-001
2019-117 MOVED by Councillor Shatford, SECONDED by Councillor Barkhouse the Agenda
and Order of Business be approved as amended. CARRIED.
PUBLIC INPUT SESSION
No one present wished to address the Committee
MINUTES OF PREVIOUS MEETING
4.1. Committee of the Whole – March 7, 2019
Committee of the Whole (continued) March 21, 2019 140
2019-118 MOVED by Councillor Church, SECONDED by Councillor Assaff the minutes of the
March 7, 2019 meeting of the Committee of the Whole be approved as circulated.
CARRIED.
MATTERS ARISING
5.1 Information Report prepared by Community Development Department dated March
12, 2019 regarding Broadband Update.
Tara Maguire, Director of Community Development, and Erin Lowe, Economic Development
Officer were present.
The Economic Development Officer (EDO) gave an update on Agriculture Day held last weekend;
it was a great event with over 150 people present.
The EDO provided an update on Broadband to date commenting on initiatives completed so far.
Of the broadband tests, the contractor reviewed 3,391 in Chester and connection is the lowest
of all. MODL is higher and so is the Region Queens. She noted people are still completing the
tests and at a later date she will have final numbers.
The Canadian Internet Registration Authority (CIRA) does these internet performance tests
around Canada and they work with the government to get quality service. These tests are being
completed to get an indication of what our speeds are. At the time, when the tests were
started staff were unsure of what we would be responsible for and what that would entail.
Councillor Church noted that some people couldn’t take the test as they couldn’t get connected.
It was noted that, unfortunately, consultants can’t provide data for those who couldn’t connect
to complete the test.
The EDO reviewed the current situation with Develop Nova Scotia Mandate as outlined in the
slide deck. In December, a request was put out for those providers who have the qualifications
required. An update this week indicates they have received 11 submissions and they estimate
construction sometime in early 2020.
The EDO noted that Develop Nova Scotia will produce their own map which will include
information we do not have as they have access to proprietary data.
The EDO outlined the expectations of Develop Nova Scotia, for example they will meet greater
than 95% coverage.
It was also noted that Develop NS held stakeholder engagement sessions. They are our liaison
with the federal government. The federal budget announced they have $1.7 Billion to address
Committee of the Whole (continued) March 21, 2019 141
high speed and the provider would need to meet the 25 megabit and if they can meet that they
are qualified.
It was recommended that MODC take a pause on leading any internet projects, so we don’t
overlap with the province’s plan.
The EDO noted that we are in negotiations with a provider. From this point forward, if it falls
within provincial process and their requirements, we will not proceed.
It was asked if other municipal projects are going ahead but the EDO was not aware of their
status.
Warden Webber noted that this will be discussed later “In Camera” regarding the project we are
currently working on. He also noted that no one knows the details of the federal government,
so we will put it on hold until we do know.
2019-119 MOVED by Councillor Assaff, SECONDED by Councillor Hector that the Committee
of the Whole recommend to Council to accept the following:
Take a pause on leading new broadband projects until Develop Nova Scotia
provides more direction on how they want to work with municipalities.
Continue to work on as an In Camera negotiation the Connect to Innovate
Program and move forward with negotiations for this project as it was led by
the federal government.
CARRIED.
PUBLIC PRESENTATIONS
There were no public presentations.
POLICY DEVELOPMENT/REVIEW
There were no policy development/reviews for discussion.
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.
Committee of the Whole (continued) March 21, 2019 142
The CAO asked that Councillor advise who will be attending and if there were any agenda items.
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.
It was noted that the budget amount for MODC has increased by approximately $500.
2019-120 MOVED by Deputy Warden Shatford, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council approval of the REMO Budget for
the fiscal year 2019/20 in the amount $32,146.02. CARRIED.
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.
a) Information Report prepared by Community Development Department regarding
Coastal Protection Legislation.
The Director of Community Development indicated that staff were unaware of what the
legislation will mean yet; however, the criteria will establish a coastal protection zone with limits.
The Development Officer and Building Officials will be unable to issue permits except for some
exceptions. The use of a professional to review the project but are unsure whether they will be
looking at the impact, i.e. flooding, damage to structure or environment.
There will be limits on zoning and activity, but the provincial government has not indicated who
will administer it. It falls on municipalities. If that is the case, there will be an impact on timing
of applications and other activities we are not aware of. The province will create the framework
and then identify the regulations. It is expected the regulations will fall into place within the
next 18 months. There will be some consultation with municipalities and staff expects an
increase on applications this year before the regulations are put into place. At meetings, it was
stressed that municipalities would prefer the initiative was provincially led to maintain
consistency.
It was noted that insurance may be a problem if a project is located within the coastal zone and
that real estate agents have mapping to ensure homes are not too close to water. As the risks
grow, they will start excluding properties for certain risks. It was noted that staff has hear about
issues with insurance here.
The CAO noted that the objective is in the documents, but for municipalities long term the
benefit relates to public safety. Long range, it should be a benefit to us and the costs related to
storms. It was felt to be a positive initiative.
Committee of the Whole (continued) March 21, 2019 143
NEW BUSINESS
9.1 Memo dated March 6, 2019 regarding Cost of Living Adjustment/Consumer Price Index
for consideration.
The CAO reviewed the memo dated March 6, 2019 and noted that the increase will adjust pay
bands for staff and compensation for Council. He noted that staff is also working on a review of
salary ranges and benefits separate from this and noted that the CPI for Nova Scotia was 2.2%
and the CPI for Canada was 2.3%.
2019-121 MOVED by Councillor Assaff, SECONDED by Councillor Church that the Committee
of the Whole recommend to Council the approval of 2.2% Consumer Price Index
(cost of living) to the Employee Salary Band and to Council Salaries effective April
1, 2019.
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
2019-122 MOVED by Councillor Connors, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council the following Council District
Grants:
District 3 – Chester Municipal Heritage Society - $727.00
District 6 – Charing Cross Garden Club - $400.00
District 6 – New ross Regional Development Society - $2,100
CARRIED.
9.3 Request for Decision prepared by Engineering and Public Works Department dated
March 6, 2019 regarding Consulting Engineering Services.
The CAO reviewed the Request for Decision dated March 6, 2019 and the procurement of three
pre-qualified consultants. He noted as each project arises, those consultants would be
requested to submit a price. There is also a 5% location preference for local contractors.
Previously, there had been three for landfill and three for public works, however, staff is
suggesting only three for public works. He indicated that the next significant project is a new
landfill site and staff doesn’t believe that the volume of work over the next three years will be
high. Those projects would be issued and come back to Council after the evaluation process.
Committee of the Whole (continued) March 21, 2019 144
2019-123 MOVED by Councillor Hector, SECONDED by Councillor Barkhouse that the
Committee of the Whole recommend to Council to:
1) Draft a single Request for Expression of Interest (REI) for Consulting
Engineering Services 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 REI be presented to Council prior to issuance for approval;
2) Issue Request for Proposals for Consulting Engineering Services related to
projects outside of the scope of the REI (i.e. landfill projects) on an as required
basis, as per procurement policy.
CARRIED.
9.4 Information Report prepared by Community Development Department dated March 13,
2019 regarding Tourist Accommodations Registration Act.
The Director of Community Services outlined the first reading of the Tourism Accommodations
Registration Act which was introduced as first reading earlier this month. It will replace the
Tourist Accommodations Act. The intent is to deal with Air B&B issues and to modernize those
rules. She also reviewed the differences of Air B&Bs, beds and breakfasts, and hotels/motels
and which of those would be required to register.
Some various possibilities were discussed. It was noted that the hope was that the province
would be responsible for regulating the Act. It was suggested that when the regulations are
available, we may want to review it again to ensure there are no changes to our zoning
regulations and what changes are required. There is approximately 70-78 Air B&Bs located in
Chester Village.
Although it is a step in the right direction, it seems a little unfair to the Oak Island Inns of the
world as they are renting too. They are legitimate locations and are paying taxes and Councillor
Assaff noted that the province wants to increase tourism, however, the state of the roads is not
going to induce people to return.
A break was held from 9:40 a.m. to 9:54 a.m.
9.5 Request for Decision dated March 21, 2019 from Engineering and Public Works
regarding a Request for Standing Offer for Sludge Removal and Disposal Services
(Tender Number MODC-T-2019-001).
The CAO noted that some of this discussion regarding the Request for Standing Offer for Sludge
Removal and Disposal Services was public and some would be held “In Camera”. He continued
to review the tender issued in for Sludge Removal and Disposal Services and noted that two
Committee of the Whole (continued) March 21, 2019 145
bidders submitted bids and the two bids submitted far surpassed the budget amount. He
outlined some options, i.e. change the policy to five years and that allows those bidding to
spread their costs over five years and would protect from a challenge from the lowest bidder.
IN CAMERA
10.1 Section 22(2)(c) of the MGA – Personnel Matter
2019-124 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford the
meeting convene “In Camera” as per Section 22(2)(c) of the MGA – Personnel
Matter. CARRIED.
2019-125 MOVED by Councillor Barkhouse, SECONDED by Councillor Church that the
Committee of the Whole recommend to Council to:
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 (attached), 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.
4. Direct staff to research the use of a “shadow bid” from the
Municipality of the District of Chester.
CARRIED.
2019-126 MOVED by Councillor Assaff, SECONDED by Councillor Church that the Committee
of the Whole recommend to Council to approve an 18-month term position for an
Economic Development Officer beginning in May 2019 with an overall budget
impact of approximately $30,000 split between fiscal year 2019/20 and 2020/21.
CARRIED.
NEW BUSINESS (continued)
9.6 Property on Victoria Street – Councillor Barkhouse
Committee of the Whole (continued) March 21, 2019 146
Councillor Barkhouse asked that the public information session for the proposed zoning change
to the Victoria Street property be put off until June. She also indicated that she had spoken to
the Developer and he had no issues in postponing the public information session.
The Director of Community Development indicated that the intention was to hold an
information session and provide feedback to the Committees.
It was agreed to delay the public information session.
9.7 Council District Grants – Councillor Assaff
Councillor Assaff asked how other Councillors felt about increasing the Council District Grants
from $2,500 to $5,000 and Warden Webber indicated that this could be discussed during
budget deliberations and staff was directed to add it to the budget.
Councillor Connors indicated that she previously didn’t vote in favour so she is not in favour of
the amount of $5,000. She has never been in favour of discretionary funds.
Deputy Warden Shatford asked if the Council District Grants were increased, were we
considering decreasing the grant budget by the discretionary amount? He would want to know
ramifications of the impact.
Councillor Hector indicated that he is in favour because there are some things we want to help
with, but they may not be a registered organization.
Warden Webber noted that it often gives incentive for local groups to do things and Councillor
Barkhouse agreed, noting it is a way to help those who can’t find a way.
Councillor Connors commented that, unless it changed, you don’t have to be a registered
organization to apply for a grant.
It was noted that the recommendation must come to Council for approval.
Councillor Church noted that for Recreation & Parks grant there is a limit to grants if the
organization is not registered with joint stocks.
The consensus was that the Council District Grants would be taken from the Grants Budget.
9.8 Property near Fox Point School – Deputy Warden Shatford
Committee of the Whole (continued) March 21, 2019 147
Deputy Warden Shatford asked that an update on the parcel of property near the Fox Point
School providing parking would be provided to Mr. David Andrews.
9.9 Pavement – Deputy Warden Shatford
Deputy Warden Shatford noted that the Municipality spend $250,000 on widening shoulders
and he would like to get a report on it to decide on the upcoming paving.
Councillor Church commented that the province did say that 3’ might not be possible in all
areas, but in some places, it is terrible.
Deputy Warden Shatford indicated that where there are sidewalks we shouldn’t be paying. The
paving was 5 km but we probably only got 3 km of shoulders. How did they arrive at the
estimate? He also indicated that he would not support it as he feels there was not a good job
done.
The CAO noted that the Municipality have not paid anything yet and will ensure a staff report is
prepared including what they should have paid for and the quality of the work. The CAO
indicated that the Director of Engineering and Public Works has asked for quantities. He will
also provide whether this is a good active transportation corridor, the quality of the work, and
costs. The question was asked, if we are going to be involved again – should we be paying the
money for shoulders that are less than 3’.
Warden Webber indicated that the Recreation & Parks Department is working with DOTIR on
the next phase and the CAO noted that they will likely get a list of possible projects.
It was noted that DOTIR is exploring options, such as a roundabout at the Wake Up Hill
intersection with Highway 3.
The CAO indicated that he had received a presentation from the roundabout guru. When he
was in Colchester roundabouts were new. It was a great presentation on the science of
roundabouts, for example they reduce costs, accident and injury rates go down, and it is safer
for pedestrians. He will ask for a presentation to come to Council soon.
9.10 Meeting with MP, Bernadette Jordan – Councillor Barkhouse
Councillor Barkhouse indicated that Ms. Jordan had promised information, but she hasn’t
received it yet and Warden Webber noted that Council had asked about water and expenses
related to Council.
The CAO will reach out to Ms. Jordan’s office.
Committee of the Whole (continued) March 21, 2019 148
ADJOURNMENT
2019-127 MOVED by Councillor Church, SECONDED by Councillor Barkhouse the meeting
adjourn. CARRIED. (10:38 a.m.)
________________________________ ________________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
SECOND AND FINAL NOTICE - DRAFT – Amendment Appendix 3 to move Sludge
Removal and Disposal Services from 3 Years to 5 Years. (See Schedule 3 on Page 15
of this policy document)
Municipality of the District of Chester
Procurement Policy
Policy P-04
Amended - Effective Date:
Procurement Policy P-04 (continued)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 2
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
Table of Contents
1.0 Purpose and Objectives ......................................................................................................................................................... 3
2.0 Definitions ................................................................................................................................................................................... 3
3.0 Application .................................................................................................................................................................................. 5
4.0 Directives ..................................................................................................................................................................................... 5
5.0 Alternative Procurement Practices ..................................................................................................................................... 7
6.0 Bid Opening, Evaluation, and Award ................................................................................................................................ 7
7.0 Fair Treatment for Nova Scotia Suppliers ....................................................................................................................... 8
8.0 Other Considerations .............................................................................................................................................................. 8
9.0 Obligations under the Public Procurement Act............................................................................................................ 9
10.0 Amendments......................................................................................................................................................................... 10
Appendix 1 ...................................................................................................................................................................................... 11
Appendix 2 ...................................................................................................................................................................................... 13
Appendix 3 ...................................................................................................................................................................................... 15
Procurement Policy P-04 (continued)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 3
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
1.0 Purpose and Objectives
The Municipality of the District of Chester (Municipality) is committed to acquiring goods and
services on a competitive basis to ensure that best value is received for our taxpayers and that
procurement opportunities are handled in a transparent, accessible and equitable manner.
The Municipality is committed to:
• Providing for the procurement of goods, services, construction and facilities in a fair, open,
consistent, and transparent manner resulting in best value;
• Encouraging competition, innovative ideas and solutions, while respecting all Legislative
and Trade Agreement obligations;
• Promoting sustainable procurement in procurement decisions, including identifying and
exploring opportunities to work with and support social enterprises and businesses that
are owned by and who employ under-represented populations;
• Ensuring that qualified suppliers have equal opportunity to bid on the Municipality’s
procurement activity;
• Being accountable for procurement decisions.
2.0 Definitions
For the purposes of this policy, the following definitions are provided:
Atlantic Standard Terms & Conditions
Standard instructions that support public tenders issued by the four Atlantic provinces for
goods and services. Supplements may be added if and when required.
Best Value
Evaluating bids not only on purchase price and life cycle cost considerations, but also
taking into account items such as environmental and social considerations, delivery,
servicing, and the capacity of the supplier to meet other criteria as stated in the tender
documents.
Bid
A supplier response to a public tender notice to provides goods, services, construction or
facilities.
Construction
Procurement Policy P-04 (continued)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 4
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
The construction, reconstruction, demolition, repair, or renovation of a building, structure,
road or other engineering or architectural work, excluding the professional consulting
services related to the construction contract unless they are included in the procurement.
Construction Contract Guidelines
Standard instructions developed in consultation with the Construction Association of Nova
Scotia that support construction tenders.
Goods
Materials, furniture, merchandise, equipment, stationery, and other supplies required by
the Municipality for the transaction of its business and affairs and includes services that
are incidental to the provision of such supplies.
Facilities (also referred to as Building Leases)
All building lease requirements covering the conveyance of the right to use tangible
building property for a specified period of time in return for rent.
Procurement Advisory Group
The advisory group established by the Public Procurement Act to provide advice and
recommendations to advance the outcomes of the Act.
Procurement Activity
The acquisition of all goods, services, construction, or facilities procured by purchase,
contract, lease, or long-term rental.
Procurement Value
The value of the total contract excluding taxes but including all options whether exercised
or not. For Facilities this value is determined by the monthly lease/rent times the term of
the contract.
Procurement Web Portal
The public website maintained by the Province where all public tender notices are posted.
Public Advertisement
Advertising a public tender notice on the procurement web portal.
Public Procurement Act (PPA)
An Act outlining the rules related to the procurement activity of all public sector entities
in the Province of Nova Scotia.
Public Tender
Procurement for goods, services, construction, or facilities obtained through public
advertisement.
Procurement Policy P-04 (continued)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 5
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
Public Tender Notice
Notice of intended procurement for goods, services, construction, or facilities obtained
through public advertisement.
Services
Services required by the Municipality for the transaction of its business and affairs,
excluding services provided by an employee through a personal services contract.
Standing Offer
A standing offer is a contractual arrangement with a supplier to provide certain goods or
services on an ‘as required’ basis, during a particular period of time, at a predetermined
price or discount, generally within a predefined dollar limit.
Sustainable Procurement
Sustainable Procurement involves taking a holistic approach to obtain best value. This will
be done by integrating the following considerations in the procurement process:
Environmental considerations: e.g. Green House Gas Reduction, Waste Reduction,
Toxic Use Reduction
Economic considerations: e.g. Life Cycle Cost, Fiscal Responsibility, Support for the
Local Economy
Social considerations: e.g. Employee Health and Safety, Inclusiveness and Fair
Wage, Health Promotion.
3.0 Application
This policy applies to all procurement activity of the Municipality effective June 1, 2012.
The Chief Administrative Officer of the Municipality is responsible for ensuring compliance with
this policy.
All Municipal personnel who have responsibility for the procurement of goods, services,
construction, or facilities must adhere to this policy. Failure to adhere may result in a temporary
or permanent loss of procurement privileges or in more extreme cases result in disciplinary action
and/or dismissal.
4.0 Directives
4.1 Low Value Procurement
• Goods up to and including $ 25,000
• Services up to and including $ 50,000
• Facilities up to and including $ 50,000
Procurement Policy P-04 (continued)
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 6
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
• Construction up to and including $ 100,000
For all low value procurement activity with a procurement value as outlined above (excluding
taxes), Municipal personnel are expected to, as far as practicable, attempt to obtain at least three
quotes and recommend award to the supplier offering best value. The only exception to this would
be when the Municipal personnel are using Alternative Procurement Practices as outlined in
section 5.0 of this Policy, or are accessing a publicly tendered standing offer. Where increased
competition is appropriate, Municipal personnel may choose to publicly tender for goods,
services, construction or facilities that fall within the above thresholds.
When selecting the list of suppliers to be provided the opportunity to quote, Municipal personnel
will make every effort to ensure a fair and open process is followed. While Municipal personnel
are expected to invite only qualified suppliers, they are not to consistently invite bids from only
one or a select group of suppliers. Invitations and bidding opportunities are to be equitably
distributed among all potential bidders in an area, and all interested and qualified suppliers are
to be evaluated on a consistent and equitable basis. The evaluation criteria will be determined
prior to soliciting quotations, and will include various elements to allow for the determination of
best value. For low value procurement activity, the evaluation criteria may also include a
preferential component for local suppliers.
For all low value procurement, the Chief Administrative Officer is authorized to award to the
supplier offering best value for all contracts under the amounts listed above in value, in any one
case, provided that the expenditure is included in the approved budget allocation. An information
report will be provided to Council for all expenditures that fall between $10,000 and the amounts
noted above. Approval of the Council of the Municipality will be required for all purchases of
goods, services and construction that exceed the above noted values or which are not included in
the approved budget allocation.
4.2 High Value Procurement:
• Goods over $ 25,000
• Services over $ 50,000
• Facilities over $ 50,000
• Construction over $ 100,000
All procurement activity with a procurement value over the thresholds (excluding taxes) outlined
above must be obtained through a public tender. See appendix 2 of this Policy for an outline of
the various tools that can be used for public tender. The only exception to this would be when
Municipal personnel are using an Alternative Procurement Practices as outlined in section 5.0 of
this policy, or is accessing a publicly tendered standing offer. All public tender opportunities must
be posted on the Province of Nova Scotia Procurement Web Portal. Municipal personnel may,
where appropriate, also advertise in local, provincial, or national media; however, there is no
Procurement Policy P-04 (continued)
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obligation to do so. In addition, a notice of tender opportunity may be sent to selected suppliers
where required to ensure an adequate degree of competition.
4.3 Schedule for Routine Procurement
Ongoing service-related contracts with the Municipality will be routinely tendered in accordance
with this Policy as outlined in Appendix 3.
5.0 Alternative Procurement Practices
In order to balance the need for open, competitive process with the demands of urgent or
specialized circumstances, Alternative Procurement Circumstances have been developed. These
circumstances must be used only for the purposes intended and not to avoid competition or used
to discriminate against specific suppliers. To ensure appropriate use, each circumstance must be
documented by Municipal personnel stating the rationale permitting the Alternative Procurement
Circumstance, and signed by the Chief Administrative Officer. All documents must be filed and
maintained for audit purposes. See Appendix 1 for a list of the Alternative Procurement
circumstances, as well as further requirements on documentation.
6.0 Bid Opening, Evaluation, and Award
6.1 Bid Opening
Bids are accepted in accordance with the closing time, date, and place stipulated in the bid request
documents. Members of the public may receive the list of bidders electronically after bid opening.
6.2 Bid Evaluation
All bids are subject to evaluation after opening and before award of contract. The bid request
documents must clearly identify the requirements of the procurement, the evaluation method,
evaluation criteria based on the purpose and objectives of this policy, and the weights assigned
to each criterion.
6.3 Award
The winning bidder and contract award amount for all high value procurement activity must be
posted on the Province of Nova Scotia’s Procurement Web Portal. After contracts have been
awarded, routine access to information at the vendors request shall be provided in the following
areas:
• Bidders list
• Name of winning bidder
• Award price excluding taxes of the winning bidder
Procurement Policy P-04 (continued)
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If the tender is not awarded for any permissible reason, all bidders will be informed of the decision.
Should the project be re-tendered at a future date, all bidders will be contacted to re-submit a
bid at their discretion.
Access to tender documents or other proprietary information is subject to the provisions of the
Freedom of Information and Protection of Privacy Act.
6.4 Supplier Debriefing
At the request of a supplier who submitted a bid, Municipal personnel will conduct a supplier
debriefing session to provide feedback on the evaluation of the public tender. Suppliers can find
out how their proposal scored against published criteria, obtain comments on their bid, and
gather information on how future bids may be improved. Supplier’s bids are not compared to
other bids, nor will information on other bids be provided.
6.5 Supplier Complaint Process (SCP)
When a supplier is not satisfied with the information provided in a supplier debriefing, the supplier
may file a complaint in accordance with the Supplier Complaint Process as defined in the Public
Procurement Act. The SCP is not a dispute resolution process, but rather is intended to handle
supplier complaints and to improve faulty or misleading procurement processes. The SCP is an
integral part of a fair and open procurement policy.
7.0 Fair Treatment for Nova Scotia Suppliers
The preference is to give preference to local (our Municipality) unless otherwise directed by
council for Low Value Procurement. Preference will be given by applying a 5% bonus to bidders
located within the Municipality. This preference will be clearly communicated as part of each
procurement procedure.
8.0 Other Considerations
8.1 Cooperative Procurement
Municipal personnel are encouraged to look for opportunities to collaborate with government
agencies when the arrangement may result in overall cost savings or other substantial advantages.
For example, joint procurement may be appropriate to procure commonly used goods, services,
fuel oil, natural gas, telecommunications, etc.
8.2 Standing Offers
Municipal personnel may access all Province of Nova Scotia standing offers, as well as any
standing offer established through the Procurement Advisory Group for the Province should
Municipal personnel wish to make use of the savings opportunities. Standing offers can be used
up to $25,000 per project for goods, or $100,000 per project for services. For consulting services,
Procurement Policy P-04 (continued)
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Municipal personnel should prepare a Statement of Work and obtain 3 quotes from vendors on
the standing offer.
9.0 Obligations under the Public Procurement Act
In addition to the areas already covered by this Policy, the following are additional obligations of
the Public Procurement Act that the Municipal personnel are required to adhere to with their
Procurement practices.
9.1 Terms and Conditions
Every public tender notice must include or have attached the terms and conditions that govern
the purchase of goods, services, construction, or facilities. The terms and conditions of every public
tender notice must be consistent with the Atlantic Standard Terms and Conditions for the
procurement of goods, services, or facilities and the Construction Contract Guidelines developed
in collaboration with the Construction Association of Nova Scotia for the procurement of
construction.
9.2 Posting Tender Notices and Awards
All opportunities subject to a public tender must be advertised on the Province of Nova Scotia
Procurement Web Portal. The Municipality must also post on the Procurement Web Portal the
name of the successful bidder for the public tender and the contract amount awarded.
9.3 Code of Ethics
Municipal and board members must ensure their conduct in relation to procurement activity is
consistent with the “Duties of public sector entity employees” in the Public Procurement Act. This
includes a request for removal from a procurement activity when a personal conflict of interest is
perceived.
9.4 Other
Policy Posting
The Municipal Clerk personnel will ensure this policy is posted on the Municipality web
site.
Supplier Development Activities
Municipal will make every attempt where appropriate to participate in vendor outreach
activities as requested by the Procurement Governance Secretariat
Regulations
Municipal will make sure that procurement practices remain consistent with any
regulations that are adopted under the Public Procurement Act.
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
10.0 Amendments
This policy may be amended from time to time with the approval of the Municipal Council. Such
amendments will be communicated to the public on the Municipal website.
Procurement Policy P-04 (continued)
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Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 11
1st Notice – Council – March 28, 2019
2nd Notice – Council – April 11, 2019
Effective Date – April 11, 2019
Appendix 1
Alternative Procurement Approval, Consultation, and Reporting Process
Low Value:
Municipal personnel wishing to make use of a low value alternative procurement practice
(with the exception of an emergency) must consult with the Chief Administrative Officer
to obtain approval and identify the most appropriate means by which to proceed with the
satisfaction of the requirement. If in agreement, the Chief Administrative Officer may direct
Municipal personnel to proceed with the procurement. The Chief Administrative Officer
may wish to confer with provincial government procurement officials for discussion,
validation, and or alternative options.
High Value:
Municipal personnel wishing to make use of a high value alternative procurement practice
(with the exception of an emergency) must consult with the Municipal Council to obtain
approval and identify the most appropriate means by which to proceed with the
satisfaction of the requirement. If in agreement, the Municipal Council may direct
Municipal to proceed with the procurement. The Chief Administrative Officer may wish to
confer with provincial government procurement officials for discussion, validation, and or
alternative options.
Alternative Procurement Circumstances
A. No Threshold Restrictions
Municipal personnel may use the following Alternative Procurement practices as
described below for the procurement of goods, services, construction or facilities, with
no threshold restrictions:
1. Where an unforeseeable situation of urgency exists and the goods, services, or
construction cannot be obtained in time by means of open procurement
procedures. Entities must ensure inadequate planning does not lead to
inappropriate use of this exemption.
2. Where goods or consulting services regarding matters of a confidential or
privileged nature are to be purchased and the disclosure of those matters through
an open tendering process could reasonably be expected to compromise
government confidentiality, cause economic disruption, or otherwise be contrary
to the public interest.
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
3. Where compliance with the open tendering provisions set out in this Chapter
would interfere with a Party's ability to maintain security or order, or to protect
human, animal, or plant life or health.
4. In the absence of tenders in response to an open or selective tender, or when the
tenders submitted have been collusive, or not in conformity with the essential
requirements in the tender.
5. To ensure compatibility with existing products, to recognize exclusive rights, such
as exclusive licenses, copyright, and patent rights, or to maintain specialized
products that must be maintained by the manufacturer or its representative.
6. Where there is an absence of competition for technical reasons and the goods or
services can be supplied only by a particular supplier and no alternative or
substitute exists.
7. For the procurement of goods or services the supply of which is controlled by a
supplier that is a statutory monopoly.
8. For the purchase of goods on a commodity market.
9. For work to be performed on or about a leased building or portions thereof that
may be performed only by the lessor.
10. For work to be performed on property by a contractor according to provisions of
a warranty or guarantee held in respect of the property or the original work.
11. For the procurement of a prototype or a first good or service to be developed in
the course of and for a particular contract for research, experiment, study or
original development, but not for any subsequent purchases.
12. For the purchase of goods under exceptionally advantageous circumstances such
as bankruptcy or receivership, but not for routine purchases.
13. For the procurement of original works of art.
14. For the procurement of subscriptions to newspapers, magazines, or other
periodicals.
15. For the procurement of real property.
16. For the procurement of goods intended for resale to the public.
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
17. For the procurement from philanthropic institutions, prison labour, persons with
disabilities, sheltered workshop programs, or through employment equity
programs.
18. For the procurement from a public body or a non-profit organization.
19. For the procurement of services of expert witnesses, specifically in anticipation of
litigation or for the purpose of conducting litigation
Appendix 2
Below is an outline of the tools to be used when issuing a public tender:
Request for Proposal (RFP)
Used when a supplier is invited to propose a solution to a problem, requirement, or
objective. Suppliers are requested to submit detailed proposals (bids) in accordance with
predefined evaluation criteria. The selection of the successful proposal is based on the
effectiveness, value, and price of the proposed solution. Negotiations with suppliers may
be required to finalize any aspect of the requirement.
Request for Construction (RFC)
Used to publicly tender for a construction, reconstruction, demolition, remediation, repair,
or renovation of a building, structure, road, bridge, or other engineering or architectural
work. When a supplier is invited to bid on a construction project the tender documents
usually contain a set of terms and conditions and separate bid form that apply to that
specific project. Suppliers are requested to submit a response (bid) in accordance with
predefined criteria. The selection of the successful proposal is based on a number of
factors as described in the tender documents. A request for construction usually does not
include professional consulting services related to the construction contract, unless they
are included in the specifications.
Request for Quotation (RFQ)
A request for quotation on goods or products with a minimum specification. Award is
usually made based on the lowest price meeting the specification. An RFQ does not
normally but may sometimes include evaluation criteria.
Request for Standing Offer (RSO)
A public tender to provide commonly used goods or services. The term of the standing
offer can vary in duration but will be clearly defined in the tender documents. RSO’s may
include evaluation criteria depending on the requirement.
Request for Expression of Interest (REI)
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
The Request for the Expression of Interest is similar to the Request for Proposal and is
sometimes referred to as a Pre-Qualification, where suppliers are invited to propose a
solution to a problem. The REI, however, is only the first stage in the procurement process.
Bidders responding to the REI will be short listed according to their scoring in the
evaluation process. The short-listed firms will then be invited to respond to a subsequent
Request for Proposal. A REI does not normally include pricing as price as a key evaluation
criteria used in the second stage RFP process.
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
Appendix 3
Schedule of Routine Procurement Activities
Every 5 years
Animal Control
Sewer Repair
Sludge Removal and Disposal Services – Add
Waste Collection
Wood Grinding/Chipping
Every 3 years
Derelict Vehicle Collection
Engineering Services
Flagging
HHW Services
Printing Services – commencing April 1, 2013
Snow Removal
Vehicle Repair
Banking Services
Surveying Services
Sludge Removal and Disposal Services Remove and add to Every 5 Year listing
Every 2 years
Paper Shredding
Salting
Annually
Courier Services
Heating and Air Conditioning
Heavy Equipment Services
Trail Work
At the Discretion of Council
Auditing Services
Legal Services
Procurement Policy P-04 (continued)
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Effective Date – April 11, 2019
Annotation for Official Policy Book
Notice of Intention to Adopt/Amend
Committee of the Whole (2109-123)
March 21, 2019
Date of First Notice at Council
Council
March 28
Date of Second Notice at Council
Effective Date
I certify that this Policy was amended by Council as indicated above.
_______________________________________
Pamela M. Myra, Municipal Clerk Date
Procurement Policy P-04 (continued)
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Notice of Amendment – Committee of the Whole – March 21, 2019 (2019-123) 17
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ADOPTION/AMENDMENT INFORMATION
Date Reason for Adoption/Amendment
2014
Amendment
To include consideration for local preference and low threshold value and
inclusion of 20% value for local (Municipal submissions)
2015
Amendment
To change the low threshold value from 20% to 5% for local preference.
2016
Amendment
Amendments to Appendix 3 – change in length of terms for Engineering
Services, Auditing Services, and Legal Services
2018
Amendment
Amendment to Appendix 3 – add Sludge Removal and Disposal Services to
be renewed every three (3) years.
2019
Amendment
Amendment to Appendix 3 to:
Remove “Sludge Removal and Disposal Services” from under
heading “Every 3 years”
Add “Sludge Removal and Disposal Services” from under
heading “Every 5 years”.
Lunenburg County
Seniors’ Safety Program
A project of Safe Communities
Lunenburg County
Lunenburg County Seniors’ Safety Program
Lunenburg
County
Population:
Roughly 44% is
55 years+
*Information gathered from Statistics Canada 2016
Census
*Estimate of Where 2018 LCSSP Clients Reside
Mahone Bay = 5%
Lunenburg = 6%
Bridgewater = 29%
MoDC = 15%
MoDL = 45%
Lunenburg County Seniors’ Safety Program
•NFP community based program
•Voluntary participation
•No charge for service
•Close affiliation with RCMP & BPS
•Community partnerships
Lunenburg County Seniors’ Safety Program
What do we do?
1-1 education, support and referrals
Community education / presentations
Networking with community partners
Advocate on behalf of Seniors
Shared response with police to client
needs as appropriate
Lunenburg County Seniors’ Safety Program
Reasons for referrals,
•Elder abuse
•Isolation and loneliness
•Food insecurity
•Lack of transportation
•Home insecurity
•Hoarding
•Mental health & wellbeing
•Lack of supports
•And more…
Lunenburg County Seniors’ Safety Program
Referral: Hoarding Situation / MH & Wellbeing
•Contact with Senior
•Program & consent
•Safety plan created
•Many supporting agencies involved
•Utilities reconnected
•Clean up initiated
•Smoke detectors installed
•Priority access to housing
•The big move…
•Establish new connections & support
Provincial Contributors:
NS Dept. of Seniors
Municipal Contributors:
District of Chester
District of Lunenburg
Town of Mahone Bay
Town of Lunenburg
Town of Bridgewater(cash & in-kind)
Community Contributors:
United Way
Lunenburg County Seniors’ Safety Program
Thank you for your support!
LCSSP
902-543-3567
REQUEST FOR DECISION
Prepared By: Cliff Gall, Director of Information
Services
Date April 3rd, 2019
Reviewed By: Dan McDougall, CAO Date
Authorized By: Dan McDougall, CAO Date
CURRENT SITUATION
The 2019/20 pre-approved Capital Budget included $100,000 for the procurement of digital
Orthophotography. Digital Orthophotography will help the Municipality in the following areas:
Asset Management
Landfill Cell Management
Urban and Municipal Planning
Tax Base Correction
General Government Mapping
A Request for Quote was issued on March 1, 2019 as per our Procurement Policy (P-04).
The Municipality received two bids from the following companies which have met the requirements of
the RFQ:
Proponent Bid
AEROQUEST MAPCON $50,261 (plus HST)
XEOS $53,400 (plus HST)
RECOMMENDATION
Staff recommend that council:
Accept the quote from AEROQUEST MAPCON Inc. for $50,261 (plus HST) for the flight and digital
processing of orthophotography to be completed in the 2019/20 Fiscal year.
BACKGROUND/DISCUSSION
The Digital Orthophotography project was approved in the 2018/19 Capital Budget. Typically,
orthophotography should be acquired in snow, leaf, fog and haze free conditions. This requirement
delayed the project until the Spring of 2019.
Subsequently, at the February 28th, 2019 Council meeting, this capital project was pre-approved.
(Motion 2019-081).
REPORT TO: Municipal Council
SUBMITTED BY: Administration
DATE: April 11, 2019
SUBJECT: RFQ – Orthophotography Award
ORIGIN: 2019-20 Capital Budget
2 Request For Decision
IMPLICATIONS
Policy
Procurement Policy (P-04), Request for Quote
Financial/Budgetary
$50,261 (plus HST) from 2019/20 Capital Budget (Gas Tax Reserve)
Environmental
N/A
Strategic Plan (goal)
Continually improve public satisfaction with municipal services
Ensure sufficient infrastructure is available to best serve our residents and businesses
Work Program Implications
Accommodated within existing work plan
OPTIONS
Accept the proposal from XEOS
DEFINITIONS
Orthophotography
Orthophotography is a uniform-scale photograph. Since an orthophoto has a uniform scale, it is
possible to measure on it like other maps. The Orthophoto will serve as a base layer onto which other
map information will be overlaid. Some examples:
Property layer (which can be used for tax base corrections)
Assets (linear, trail assets, etc. for asset management)
Area rates and local improvement rates (street lighting, waste collection, fire protection,
universal sewer)
Permitting information