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HomeMy Public PortalAbout2019-10-24_COW_Public Agenda Package (8.1 Added) Page 1 of 1 of Agenda Cover Page(s) Committee of the Whole AGENDA Thursday, October 24, 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 – October 10, 2019 5. MATTERS ARISING 5.1 Information Report – 2019 Tourism Launch and Summer Season in Review. 6. POLICY DEVELOPMENT/REVIEW 7. CORRESPONDENCE 7.1 Email dated October 17, 2019 and Information from NSFM regarding Draft Amended By-Laws. 8. NEW BUSINESS 9. IN CAMERA 10. ADJOURNMENT INFORMATION REPORT Prepared By: Stephanie Beaumont, Tourism Lead and Heather Hennigar, Economic Development Officer Date 10/17/2019 Reviewed By: Tara Maguire, Community Development Director Date 10/18/2019 Authorized By: Dan McDougall, CAO Date 10/18/2019 Well - we lived, we learned, we grew... Wrapping up the 2018 calendar year and heading into the 2019 season we were confident things could only get better... maybe even easier. While there were a few setbacks and roadblocks, our full court press approach to Tourism in the Municipality – both with our visitors and our residents - is gaining momentum. As with anything new, awareness is key and with each passing visitor exchange, online post, event support and contact made we’re building a brand and solidifying our incredible corner of the planet as a great place to see and experience. This report will serve to document the program elements, key learnings and initiatives underway since our last season debrief and RFD in November of 2018 This chart is a breakdown by date of highlights that will (in some cases where necessary) be explained in greater detail throughout this report. 2018/19 Date Component Nov 26/18 Taping with CTV to promote Chester Village Christmas (air date Nov.27th) Nov 26/18 Taping with CTV to promote New Ross Christmas Festival (air date Dec 6th) Feb 9/19 First Annual FOR THE LOVE OF LOBSTER Signature Event at Oak Island April 25 Tourism Chester Ambassador Maps were delivered April 26-28 Saltscapes double booth shared with New Ross Farm/beside Village booth May 27th Tourism Ambassador Season Launch & Cruise Event at Oak Island May 28th Bulk brochure delivery to Peggy’s Cove May 30th Build brochure delivery to Halifax Waterfront and Halifax Airport June 27th Swing for Shoreham Tournament /Tanner & Co Kiosk-mates REPORT TO: Committee of the Whole SUBMITTED BY: Community Development DATE: October 24, 2019 SUBJECT: 2019 Launch and Summer Season in Review 2 Information Report 2018/19 Date Component July 4th Mobile Kiosk at Peggy’s Cove July 20 Custom sign installed at The Deck July 23&24 Ambassador flags are installed at desired locations July 24 Tiffany Martin starts as Mobile Ambassador (and resigns on July 27th) August 6 Jonathan Haase is start as Mobile Ambassador (completes season August 31st) PROGRAM ELEMENTS Online Presence/Social Media: • We continued to build our brand across all platforms through @TourismChester and tourismchester.ca as being one of a welcoming, friendly and personable.  Given social media trends and our key demographics, a greater emphasis was placed on the populating our Facebook and Instagram accounts with Twitter shifting to a maintenance and reply status. With that, we have seen excellent growth in both our Facebook and Instagram following. Our efforts to build our following have remained organic.  Our social media numbers are as follows - FACEBOOK 1658 followers, INSTAGRAM 1116 followers and TWITTER 134 followers  Special attention has been given to ensure a comprehensive approach to posting content – with emphasis on promoting and celebrating people, sights, events and businesses throughout the entire Municipality  Our resident-focused #LOVEwhereyoulive campaign has continued to build with entrants tagging on both Facebook and Instagram. Our second year of winners begins in November 2019. (more on that campaign can be found later in this report) Website tourismchester.ca: • The feedback on our tourismchester.ca website continues to be very positive – easy to navigate, lovely to look at, engaging content. • Website analytics – a summary of the information is as follows: 3 Information Report How people are finding tourismchester.ca 4 Information Report Where visitors are from: 5 Information Report Content drill down for tourismchester.ca • • 6 Information Report • We are continuing to populate our Experience features with our goal of 100 features by the launch of our 2020 Season. • Our biggest challenge remains getting businesses and services within the Municipality to use the Business Directory. While every effort has been made (social media postings, Municipal Insights, email and personal visits) to make these parties aware of the FREE online promotional opportunity we are still very short of having a complete picture of “what’s available” in the Municipality. • We have continued to promote the FREE event listings calendar which mirrors the applicable events as posted on the chester.ca calendar, and as a result more and more members of our communities are populating with municipal happenings. • It should be noted that the photography used on our website still remains a predominantly open source and non-area specific – we did submit a grant application to Tourism NS for their Digital Content Marketing Program to have the cost of promotional photography/video shared but were unsuccessful in the selection process. • Tourism Chester is currently participating in Tourism Nova Scotia’s Digital Marketing Program to promote Tourism Chester’s website and Facebook page in Ontario, Quebec and Northeastern United States, using social media advertising and search engine marketing, including the use of the Tourism Nova Scotia’s remarketing lists. This program concluded the end of September. Media Exposure: Mainstream media coverage continued following the 2018 program launch (that included segments on CTV Atlantic Mornings, and feature on Cove FM radio station via Sea and Be Scene…and Heard broadcast.) We were able to secure 2 separate CTV Atlantic Mornings remote features (multiple segments throughout the broadcast) Tuesday, November 27/18 with the spotlight on the 2018 Chester Village Christmas (video link) Thursday, December 6/18 with the spotlight on the 25th Annual New Ross Christmas (video link) Additionally, the Village of Chester’s events for World Wide Knit In Public Day were promoted with 2 in studio segments on Friday, June 7/19 (video link) 7 Information Report Ambassador Partnership Program: Our Tourism Ambassador program celebrated its first full season with an increase in the number of partners. The Value to our Ambassadors included Year-Round Exposure in Hard Print: with their logo featured on advertisements placed by Tourism Chester in: • Tourism Nova Scotia’s Doers and Dreamers Guide • South Shore Tourism Cooperative South Shore Guide • Saltscapes Magazine via South Shore Tourism Cooperative page • Feature at Tourism Chester booth at annual Saltscapes Expo • Tourism Nova Scotia’s Visitor Information Centre Digital Screen Advertisements: Ad featured in an eight-minute loop on large (42-inch) LCD televisions, placed in premium viewing spots in all six provincial VICs. Also, special ad placement on Video Walls in the Halifax Waterfront VIC and the Yarmouth Waterfront VIC. Their logo was placed on both sides of the Treasure Treat Truck which continued through this second season as a rolling billboard for our Tourism Chester Ambassadors and naturally the MOC itself. Apart from one Ambassador (the retiring Light My Fire Studio) we were able to retain the entire line up of partners from the 2018 season plus add 3 new locations bringing our total number of Tourism Ambassador locations throughout the Municipality to 13. They are as follows. • Aspotogan Ridge Golf Club • Aspotogan Heritage Trust – Hubbards • Chester Basin Petro-Canada - Chester Basin • The Deck Convenience Store and Restaurant – Blandford • The Kiwi Cafe - The Village of Chester • Linens for Life Fashion & Home Boutique and Tea Room - East Chester • New Ross Home Hardware Building Centre - New Ross • Oak Island Resort & Conference Centre - Western Shore • Oceanview Home & Garden – Robinsons Corner • Ross Farm Museum - New Ross • Going Coastal - The Village of Chester (NEW) • Island View Family Restaurant & Bakery – Western Shore (NEW) • Chester Heritage Society at Station 20 Craft Shoppe & Museum – at the Old Trains Station in Chester (NEW) Our plans to conduct a “familiarization tour” were met with resistance from the Ambassadors most citing both the time required out of their business and limited staffing as being the reason they could not participate. Instead, we conducted a half-day session at Oak Island Resort. The goal of the session was to make it easier for our Tourism Ambassadors to counsel visitors on all there is to see and do throughout 8 Information Report the Municipality of Chester; walking them through the program elements, the website features and the additional marketing collateral. Here's the invite: Ambassadors were offered a Social Media Tourism Ambassador Blitz Day – during which we would bring the kiosk to their location and promote them across our social media platforms. While some Ambassadors were keen, others requested a delay until the off season or delayed for other reasons. We held Blitz Days at the following locations Oak Island Resort, Island View Family Restaurant, Ross Farm Museum, Oceanview Home & Garden Centre, Linens for Life, The Deck and Aspotogan Heritage Trust. It should be noted, at the time of this report, all Tourism Ambassadors, with the exception of one (Going Coastal Chester) will be continuing on for the 2020 Season. Regarding Going Coastal’s decision to leave the program we can report it was “not a good fit” for her business. The quiet nature of the gallery made her appear available as a full-service VIC so the proprietor was often called on to phone for reservations, handle inquires make recommendations to the point where she was unable to service her art customers. It should also be noted the type of clientele who stopped in for tourism info were in search of smaller impulse/tourism merchandise and not the higher end artworks found in her gallery so the additional traffic garnered from having the tourism rack did not parlay into increased sales. 9 Information Report ***Chester’s Café (which is located right next door to Going Coastal) will assume the role of the 2nd Village location throughout the balance of the season and will be given first right of refusal for the position at the beginning of our 2020 Season. • Ambassador brochure racks and plexiglass desktop holders were consistently filled throughout the year with special attention paid May through September. Without a Mobile Ambassador in place, stocking the racks was the sole responsibility of the Tourism Lead. • Certain locations have seen higher traffic numbers and therefore seen more turnover in brochures (our top three busiest locations – Island View Family Restaurant & Bakery, the Kiwi Cafe and Station 20 Craft Shoppe & Museum). • Our most popular brochures at both the kiosk and the racks were: o Bluenose Coast Map o Nova Scotia Road Map o South Shore Guide o Doers & Dreamers o Chester Village Shop/Play/Dine/Stay o Tourism Chester Ambassador Map (see note below) o Rum Runners Trail (see note below) o Castle Rock (see note below) To build awareness for our Tourism Ambassador Locations in this second season, the following additions were made to our program 1. A special Tourism Ambassador Map was created illustrating the entire municipality on one side and a zoomed-in map of the Village of Chester on the other. The locations of each Tourism Ambassador location are clearly marked along with other tourism hot spots such as beaches, parks, trails, golf courses, farmers markets and more. This map was distributed to VIC locations throughout the province, through our mobile kiosk and on the Ambassador brochure racks. 2. A series of flags in a variety of sizes were purchased to further mark the Tourism Ambassador locations. The flags were produced double sided, in 3 sizes and erected where possible/amenable in the following locations. o Aspotogan Ridge Golf Club – 15ft feather flag o Aspotogan Heritage Trust – Hubbards – 15ft feather flag o Linens for Life Fashion & Home Boutique and Tea Room - East Chester 15ft feather flag o Oak Island Resort & Conference Centre - Western Shore - 15ft feather flag o Oceanview Home & Garden – Robinsons Corner - 15ft feather flag o Ross Farm Museum - New Ross - 15ft feather flag o Chester Heritage Society at Station 20 Craft Shoppe & Museum – at the Old Train Station in Chester (NEW) o Going Coastal - The Village of Chester (NEW) - 10ft feather flag o Island View Family Restaurant & Bakery – Western Shore – 3' x 5’flag pole flag 10 Information Report 3. Special consideration was given to The Deck Convenience Store and Restaurant in Blandford. With the high winds experienced at that location we were certain the large flags would not be feasible, so we investigated having a sturdy road sign erected along the highway by the entrance. Our request with the province was not approved so we opted for plan B which was to produce a sturdy sign that could be attached to the existing metal Deck Sign by the road. It should be noted that since the flags were initially erected – 3 were damaged/destroyed in Hurricane Dorian and 1 has been stolen. Our insurance will cover their replacement which will be replaced before the start of the 2020 season. 11 Information Report Challenges & Charges in the Beautiful World of Brochure Management There’s no denying the world of marketing to today’s traveler is an ever-changing playing field. The establishment of our Tourism Ambassador program came with a great deal of time required to manage and distribute brochures and with that program element a good number of challenges and charges. 1. On January 15th, 2019 Tourism Nova Scotia announced the closing of the provincial brochure distribution centre – which left the individual operators responsible for getting their brochures to the provincially run and community operated visitors centres throughout the province. Recognizing the cost associated and our desire to promote the Municipality, the Tourism Chester team reached out to the surrounding South Shore municipalities to unite in grass roots distribution. A call was made (multiple times) to businesses servicing tourists/visitors to have their brochures delivered to the municipal office following which the brochures were bundled and driven to key VICs throughout Nova Scotia. The deliveries were split between us and the MODL crew – to ensure everyone who wanted to have their materials available to tourists/visitors were given that opportunity free of charge. 2. The continual distribution of stocking of the brochures throughout our 13 Ambassador Locations was executed by the Tourism Lead. While it allowed for a great means of communicating with our Ambassadors and strengthening relations it did require a tremendous amount of physical lifting/cartage not to mention trunk space to keep the team well stocked during the busy season. 3. With every effort being made to showcase what makes our Municipality special and unique, we went through a great number of Castle Rock mockup brochures this season. While we recognize 2018 was the first official year to market this asset, we had hoped to have a professionally produced and readily accessible brochure for 2019. For 2020 staff will be working with Parks and Recreation to develop a professional brochure in adequate supply to distribute throughout the province and here in the municipality to service tourists/ visitors. 4. The Rum Runners Trail provides another tremendous experience for visitors – running right through our Municipality so, naturally, we went through a great number of these pieces. The Rum Runners Trail organization operates as a non-profit, so when the brochures were originally printed for the launch of the trail – each municipality paid for their own quantity. We had gone through our first order at the end of last season so a second printing of 5000 brochures was completed to get us through the 2019 & 2020 season with the costs being split between the Recreation & Parks D. and Tourism/Community Development. 5. Another challenge of note this season was the reality that fewer businesses within the municipality are creating brochures. Mobile Kiosk As noted in last year’s report, the Tourism Chester Kiosk proved to be a great challenge on several levels. Structurally While eye catching once in place – the transportation and set up proved to be a struggle. 12 Information Report As reported, a great deal of wear and tear resulted and, while repairs were made to the elastic ties and “umbrella” anchors, it is evident that the paint chipped, the poles have rusted, and the counter tops are now scratched and faded. The biggest issue, as noted in last report, remains the set up and take down. The unit takes up the bulk of a car's interior space and is very heavy to haul. There is no way to safely put it up completely without help. While there is only 1 person required to run the kiosk, it takes two people to set it up and take it down – there’s no way around that fact. Staffing Despite an early and comprehensive effort to recruit for the Mobile Ambassador’s position (publications, social media, high school visit, emails to post-secondary schools, and phone calls) we were met with a serious struggle to fill the position. Even an increase in wage and dropping the “student” requirement did not help. We interviewed four candidates and made an offer. Unfortunately, that individual quit after the first week. We had an internal referral from Brent Haase and interviewed his son, Jonathan. He started the position on Aug. 6th and was with us until Aug. 31st. The feedback was excellent. Kiosk Locations and Traffic Numbers • What follows is a reporting chart for the days the kiosk was in action. • In addition to our challenge to staff the mobile kiosk, it’s important to note: o our goal is to service the entire Municipality o our mission is to support communities by providing MOC presence at their events. o Nova Scotia Visitor Information Services requests numbers reflect ONLY 1 person per party being counselled (i.e. a solo traveler and a family of 4 both count as 1) Date Location Treat Truck? Atlantic Provinces Other Canada Outside the Country TOTAL June 27 Chester Golf Course – Swing for Shoreham Tournament SBeaumont No EVERY FOURSOME June 23 Chester Bandstand SBeaumont Yes NS-19 NB- 1 ON-3 Germany – 1 New York – 1 Ohio - 1 26 July 1 Peggy’s Cove (too busy to breakdown) SBeaumont No NS, NL, NB, PEI ON, AB, BC, QB NY, MA, TX, MI Germany, England, Japan 78 July 6 Hubbards Food Truck Rally SBeaumont No NS – 26 ON – 3 29 July 12 Castle Rock Yoga Hike – Trail Entrance SBeaumont No NS – 9 NB – 1 ON – 3 AB – 1 Japan – 1 NY - 1 16 13 Information Report Date Location Treat Truck? Atlantic Provinces Other Canada Outside the Country TOTAL July 25 Wild Rose Park TMartin No NS – 7 ON - 1 8 July 26 Chester Farmers Market TMartin No NS – 18 NL – 1 PEI - 1 AB – 3 BC - 1 24 July 27 Hubbards Tuna Flats TMartin No NS – 7 ON - 1 8 Aug 7 Wild Rose Park JHaase No NS-6 NB-1 ON-2 AB - 1 10 Aug 8 AHT Ambassador Blitz Day JHaase No NS- 9 NB NY-1 13 Aug 10 Peggy’s Cove SBeaumont & JHasse No NS – 35 NB – 4 PEI – 4 NL - 2 ON – 29 AB – 4 BC – 2 QC – 1 SK - 1 NY – 7 MA – 5 NH – 1 TN – 1 RI - 1 97 Aug 11 Ross Farm Ambassador Blitz Day JHaase No NS-6 6 Aug 13 Oak Island Interpretive Centre JHaase No NS –5 PEI – 1 NB – 3 QC – 3 ON - 4 UT –1 TX - 1 NY – 1 MN – 1 WA – 1 PA - 1 NH – 1 FL – 1 UK - 2 28 Aug 14 Chester Bandstand Race week JHaase Yes NS-4 NB-1 NL-1 SK-1 QC-3 ON - 3 FL – 1 TX-1 MN – 1 France – 2 Australia – 1 Spain-1 UK-1 21 Aug 15 Chester Bandstand Race week JHaase Yes NS-3 AB-1 ON-4 QC - 1 FL – 2 VT – 1 Brazil - 1 13 Aug 16 Chester Bandstand Race week JHaase Yes NS-16 PEI- 1 AB-1 NY-1 UK-2 21 Aug 17 Chester Bandstand Race week JHaase Yes NS-18 NB- 1 PEI-1 ON – 6 BC – 1 AB – 2 NY – 1 MA – 2 TN – 1 UK - 1 34 Aug 18 Chester Bandstand Race week JHaase Yes NS- 33 NB – 2 BC – 1 ON –3 MB - 1 NY – 1 MA - 2 43 14 Information Report Date Location Treat Truck? Atlantic Provinces Other Canada Outside the Country TOTAL Aug 19 Halifax Waterfront SBeaumont & JHaase No NS-2 NB-2 ON-11 NY – 3 UK - 4 22 Aug 20 Wild Rose Park JHaase No NS-6 NB - 1 ON - 2 9 Aug 21 Coveside Horse Show JHaase No NS - 1 1 Aug 23 Island View Ambassador Blitz Day JHaase No NS – 5 NB – 2 PEI - 1 ON - 2 NY – 1 RI - 1 12 Aug 24 The Deck Ambassador Blitz Day JHaase No NS-3 3 Aug 26 Chester Bandstand JHaase Yes NS-25 NB- 2 ON-5 UK-1 33 Aug 27 Oceanview Garden Centre Ambassador Blitz Day JHaase No NS-7 NY-1 8 Aug 28 Lunenburg Boardwalk JHaase No NS-29 ON – 6 BC - 1 NY – 2 UK - 2 OH - 1 41 Aug 29 Oak Island Interpretive Centre JHaase No NS-5 NB-1 NL-1 ON-6 AB - 1 NY-3 MN - 1 TX-1 TN – 1 MI – 1 RI – 1 FL - 1 24 Aug 30 Linens for Life Ambassador Blitz Day JHaase No NS – 3 ON 1 4 Aug 31 Oak Island Resort Ambassador Blitz Day No NS – 6 PEI - 1 ON – 3 MA - 1 11 It should be noted these visitor totals do not include our 13 static Tourism Ambassador locations 15 Information Report The Treasure Treat Truck As previously reported Charles Brown agreed to keep our branding and Ambassadors logos on his Ice Cream Truck for the 2019 season with the following changes in our approach... 1. The Treasure Treat Truck would not be required to travel with the mobile kiosk 3 times a week but rather when it was beneficial and viable for both parties. 2. As noted above, 1 logo was removed, and 3 other Tourism Ambassadors logos were added to the exterior 3. Municipal Ambassador Maps, South Shore Guides, Chester Village Maps, Bluenose Coast maps and #LOVEwhereyoulive stickers were available for his guests to take. At the conclusion of the season, Charlie treated the Municipal Office staff to a FREE CONE as thanks for our continuing partnership. As of this report he would very much like to continue with us through 2020. #LOVEwhereyoulive Campaign (Official Launch October 15/18) This year-round program gives residents a prominent platform through which to share all the reasons why they love living in the Municipality of Chester AND a monthly opportunity to WIN a very special designation – the AMBASSADOR OF BUZZ! By sharing a story, picture, video, and/or post online - through our website or by tagging @TourismChester #LOVEwhereyoulive on social media - residents of our municipality will be eligible for our monthly random draw for the Ambassador of Buzz VIP Card. The winner receives 10% off ALL our awesome participating Ambassador of Buzz Businesses for the ENTIRE month. With their special VIP Card each Ambassador of Buzz can shop, play, dine and stay throughout the MOC like never before – enjoying their VIP discount wherever they go! We’ve been sharing the stories we receive on Twitter, Facebook and Instagram @TourismChester and on our website. You can find a complete list of winners on our feature page at https://tourismchester.ca/experience/lovewhereyoulive-tourismchester. All of our Ambassador of Buzz Businesses are listed our website at https://tourismchester.ca/ambassador- of-buzz-businesses and include 16 Information Report 4 Way Stop Restaurant and Pizzeria - Hubbards Aqua Spa at Oak Island Resort - Western Shore Black Harbour Distillers - Hubbards Cameron’s Fine Arts & Antiques - Chester Chester Building Supplies - Chester Chester Car Wash - Chester Chester Foodland - Chester Chester Home Hardware - Chester Chester's Cafe - Chester Flowers, Flowers, Flowers of Chester - Chester Going Coastal Fine Art & Furnishings - Chester The Gold Bean Cafe - Gold River Il Ferramenta Pizzeria - Chester The Island View Family Restaurant & Bakery - Western Shore Jamals Pizza - Chester Jamal’s Mediterranean Cuisine - Chester Jesmisvals Store - Western Shore The Kiwi Cafe - Chester Linens for Life Fashion & Home Boutique and Tea Room - East Chester Luna Salon, Spa & Boutique - Chester The Mecklenburgh Inn - Chester Mohammed Sode General Store - Gold River Mother Hubbard's Cupboard - Hubbards Oak Island Resort & Convention Centre - Western Shore Oceanview Home & Garden Centre - Chester Peasant’s Pantry - New Ross Riverview Meat Market - Chester Basin Ross Farm Museum - New Ross Spidle’s Independent Grocer - Chester The Stretch Diner - Chester The Rope Loft - Chester The Village Emporium - Chester The Windjammer Motel - Chester STAY TUNED FOR MORE!!! 17 Information Report NEW FOR 2019 With the goal of developing Signature Events within the Municipality – Tourism Chester, together with Oak Island Resort, created and hosted the first annual FOR THE LOVE OF LOBSTER on February 9th, 2019. The event tied into the South Shore Tourism Cooperatives Lobster Crawl and was additionally marketed through their efforts. Admission to the event was FREE. Event elements included  Municipal Medley Market featuring amazing products and creations from right here in the Municipality of Chester and from our nice neighbors too! There'll be crafts and artwork, clothing and candies, and so much more including a Kindred Spirits section featuring beer, wine and spirits from around the region!  Our first ever LOBSTER CHOWDER Chowdown Showdown – where for just $10 folks were able to sample the tasty creations from the Municipality of Chester's wonderful restaurants. People voted their favorite and had a chance to WIN $200 worth of fresh Nova Scotia Lobsters!!! And our LOBSTER CHOWDER Chowdown Showdown Winning Restaurant will win the Golden Ladle Trophy.  A SILENT AUCTION in support of a GREAT cause. The terrific team at Bonny Lea Farm filled their signature LOBSTER TRAPS with wonderful prizes caught right here in the Municipality of Chester!!!  CAPTAIN CLAW Workshops with the Chester Playhouse Youth Program - 3 fun filled super, swashbuckling sessions all in support of their incredibly creative community!!!  Our great friends at Cove FM will also be there to supply the soundtrack to a wonderful afternoon of FUN....AND LOBSTER!!! 18 Information Report Crowd estimates were over 385 and plans are in place to host the 2nd Annual FOR THE LOVE OF LOBSTER at Oak Island Resort on Sunday February 9th, 2020 and has been deemed a signature event for the bigger, better and heavily supported 2020 NOVA SCOTIA LOBSTER CRAWL- so be sure to hit the Facebook Event Page and hit that “going” button. 1 Pam Myra From:Dan McDougall Sent:Thursday, October 17, 2019 10:25 AM To:Pam Myra Subject:Fwd: NSFM Draft Amended By-laws Attachments:image001.png; ATT00001.htm; Side By Side By-law Comparison.docx; ATT00002.htm; NSFM Draft Amended By-laws.docx; ATT00003.htm For the COW next week please. Thanks Dan Sent from my iPhone DAN MCDOUGALL CAO Office: 902-275-4111 Consider the environment. Do you really need to print this email? Begin forwarded message: From: NSFM Info <Info@nsfm.ca> Date: October 17, 2019 at 9:08:14 AM ADT To: NSFM Info <Info@nsfm.ca> Subject: NSFM Draft Amended By-laws CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. TO: Mayors, Wardens, Councillors and CAOs, All Units FR: Waye Mason, NSFM President RE: Draft Amended By-laws Over the last several months, the Executive and Board have been looking at our current by- laws. They are significantly out of date. Though the Board favours a thorough review of our structures and some of our governance, at this point we recommend that the by-laws be 'cleaned-up' a bit as the first step in a review. That clean-up involves the addition of some small changes to improve some of the Federation's governance gaps. I am attaching a side-by-side comparison of the current by-laws and a proposed amended version as well as a clean copy of the proposed amendments. There is a detailed document with 2 comments on the proposed amendments. If anyone wishes to see this detailed document, please contact Juanita Spencer, NSFM CEO. There will be a motion presented at the AGM to adopt the proposed amendments and to instruct the Board to carry on with a more robust governance review. Sincerely, Councillor Waye Mason President, Nova Scotia Federation of Municipalities nsfm.ca | facebook | twitter | linkedin | instagram DRAFT AMENDED BY-LAWS LEGISLATION The Nova Scotia Federation of Municipalities, formerly the Union of Nova Scotia Municipalities, was incorporated in 1981 under the Act to Incorporate the Union of Nova Scotia Municipalities (attached as Appendix A to these by-laws). The Act was amended on May 22, 2003. The Federation has requested a change in legislation to reflect our new name. While our registered name has not changed, this document reflects our new name DEFINITIONS In these bylaws: "Act" means Chapter 103 of the Acts of 1981, An Act to Incorporate the Union of Nova Scotia Municipalities; “Board” means the Board of Directors of the Federation; “Director” means a Member of the Board; "Elected Municipal Official" means a person who holds an elected office in a Member Unit; "Federation" is the Nova Scotia Federation of Municipalities, formerly called the Union of Nova Scotia Municipalities; "Good Standing" means a Member Unit's annual membership dues are paid in full; “Local government’ includes a town, a regional municipality, a municipality of a county and a municipality of a district; "Member Unit" means a municipal unit that is a member in good standing of the Federation; “Past President” is the person who held the office as President prior to the election of officers held at the most recent Annual Conference, and who is still Elected Municipal Official “Policy” means a document, approved by the Board that is on file at the Federation office, that contains statements of principle, procedures or protocols about how certain work of the Federation is to be done; "Regional Municipality" includes Cape Breton Regional Municipality, Halifax Regional Municipality and the Region of Queens Municipality. "Rural Municipality" means a county or district municipality "Town" means an incorporated town ARTICLE 1 - NAME The name of the organization is the Nova Scotia Federation of Municipalities. ARTICLE 2 - OBJECTIVES The objectives of the Federation, as outlined in Section 4 of the Act are to: a) represent the interests of municipal governments in the Province, and to act as the advocate for member units on all such matters as are properly within the jurisdiction of the government of the Province; b) carry out, or cause to be carried out, such research activities as will assist in the betterment and encourage a higher degree of efficiency of local government in the Province; c) act as a clearing house for the collection, exchange and dissemination of statistical data and general information on all matters of municipal practices and procedures; d) hold Annual Conferences for information, discussion and resolutions, and to hold a general workshop and discussion sessions at each Annual Conference to give delegates an opportunity to present problems of concern; e) promote and strengthen what is best in local government and service; f) protect the rights and privileges of responsible government in municipal affairs; g) further municipal interests by encouraging cooperation between municipal units; h) undertake such activities on its own or in concert with others as may be in the best interests of local government in the Province; i) to do all such other acts and things as are incidental or conducive to or consequential upon the attainment of the objects in the exercise of the powers of the Federation. ARTICLE 3 - MEMBERSHIP/CAUCUSES 3.1 Conditions of Membership Every Nova Scotia municipality is eligible for membership in the Federation. 3.2 Fees Members must pay the annual membership fee and upon payment they become or remain Member Units. 3.3 Resignation a) Member Units may apply to the Board to resign by providing written notice directed to the Chief Executive Officer. b) A resignation by a Member Unit is not effective until accepted by a resolution of the Board. 3.4 Termination of Membership Member Units cease to be members upon: a) dissolution of a municipality, or b) failure to pay the annual membership fee in the year in which the fee is due. 3.5 Reinstatement of Membership A former member may not apply to be reinstated to membership unless it has deposited with the CEO a sum equivalent to its membership fee for the current year, which sum will be applied to the membership fees if the application is accepted. 3.6 Rights of Members a) A Member Unit  is a member of a Caucus, without additional fees  must receive notice of members’ meetings, and b) may send Elected Municipal Officials to members’ meetings, where they are voting delegates and may speak and vote on behalf of the Member Unit c) may, through an Elected Municipal Official, inspect the annual financial statements, minutes of Board meetings and other books and records of the Federation, that are not confidential, at the office of the Federation on one week’s notice to the President or Chief Executive Officer. d) A request for inspection pursuant to para. (c) must be in writing, addressed to the President of Chief Executive Officer and must specify the proposed time and identify the name of the person who will attend for the requested inspection. 3.7 Elected Municipal Officials Every Elected Municipal Official may: a) attend any members’ meeting of the Federation held pursuant to Art. 6.2 and 6.5; b) vote at any members’ meeting of the Federation after they have attended at least one previous members’ meeting; c) be elected as an officer under Art 4.1 but may not be paid or receive any personal benefit from the Federation, other than for reimbursement of expenses or a per diem allowance when serving on the Board or a committee. 3.8 No Transfer of Rights Rights of an Elected Municipal Official to the Federation are not transferable. 3.9 Membership Shall Cease An Elected Municipal Official membership shall cease: a) upon death, or b) if the Member Unit resigns by written notice to the Federation, or c) if, by a vote of the majority of the members of the Federation or a majority vote of the Directors of the Federation at a meeting duly called and for which notice of the proposed action has been given, the Elected Municipal Official credentials to the Federation have been terminated. 3.10 Caucuses - Role and Governance a) There are caucuses of Member Units constituted as follows: i. The regional municipalities, excluding the Region of Queens Municipality, ii. The towns, iii. The rural municipalities, including the Region of Queens Municipality. b) No Caucus has the authority to speak on behalf of the Federation or to bind the Federation. c) Caucuses operate within the framework of the Federation and as part of the Federation structure and have no independent legal existence separate from the Federation. d) Procedures on election of Caucus members to be a caucus chair are outlined in the "Federation Elections Policy". e) Each Caucus • must elect Elected Municipal Official to serve as Caucus Chair, who then is appointed to serve as a member of the Board; • may make recommendations to the Federation on matters of interest and concern to members of the Caucus; • may adopt procedures and terms of reference, consistent with the Act and By-Laws, governing their operations, which terms of reference and any amendments to these documents must be filed with the Federation's Office. f) No municipal unit may be a member of a caucus unless it is a Member Unit of the Federation. ARTICLE 4 – OFFICERS 4.1 Officers a) The Officers of the Federation are the President, Vice President and Past President. b) The Officers are subject to the control, direction and established policies of the Board of Directors. c) The President and Vice President of the Federation are elected by Elected Municipal Officials at the Annual General Meeting and serve a one-year term or until their successors are elected at the next Annual General Meeting. d) The Officer positions rotate on an annual election cycle so that the positions of President, Vice President and Past President are filled by Elected Municipal Officials from towns, rural municipalities and regional municipalities in sequence. e) For greater clarity, in 2019-20, the President is from a town; the Vice President is from a rural municipality and the Past President is from a regional municipality. In 2020-21, the President shall be from a rural municipality, the Vice President from a regional municipality and the Past President from an own. In 2021-22, the President shall be from a regional municipality, the Vice President from a town and the Past President from a rural municipality. This cycle will continue in the previously described order. f) Specific procedures for election of Federation officers and other officials shall be governed by the "Federation Elections Policy". 4.2 Powers and Duties of Officers a) The President:  is responsible for the general direction of the affairs of the Federation;  chairs all meetings of the Board of Directors, Executive Committee, and special meetings;  performs any duty as assigned by the Board;  may vote at meetings of the Board;  serves as an ex officio non-voting member of all Federation committees. b) The Vice President:  exercises the authority of the President in the absence or incapacity of the President;  chairs the Resolutions Committee;  performs other duties as assigned by the Board;  serves as an ex officio non-voting member of all Federation committees. c) The Past President:  chairs the Nominations Committee;  performs other duties as assigned by the Board; 4.3 Chief Executive Officer a) The Board must appoint a Chief Executive Officer. b) The Chief Executive Officer, under the direction of the Board, is responsible for the management and coordination of all phases of the operation, administration, finances, organization, supervision and maintenance of all activities of the Federation. c) Specific duties of the Chief Executive Officer are outlined in the "Federation Chief Executive Officer Policy”. d) In the absence of a Chief Executive Officer the Board must appoint a person to serve as interim Chief Executive Officer. 4.4 Execution of Contracts Contracts, deeds, bills of exchange and other instruments and documents may be executed on behalf of the Federation by the President or the Vice-President and the Chief Executive Officer, or as otherwise as prescribed by resolution of the Board. ARTICLE 5 - BOARD OF DIRECTORS 5.1 Powers The powers governing the Board of Directors are granted by An Act to Incorporate the Union of Nova Scotia Municipalities (1981) as amended. 5.2 Composition The Board of Directors consists of thirteen (13) members:  the President,  the Vice President,  the Past President,  the Chairs of the caucuses, appointed by them,  two (2) Elected Municipal Officials representing the Rural Caucus,  two (2) Elected Municipal Officials representing the Towns Caucus,  two (2) Elected Municipal Officials representing the Regional Municipality Caucus, and  a person appointed by the Association of Municipal Administrators. 5.3 Election a) The Board is elected by Elected Municipal Officials at the Annual General Meeting and members serve a one-year term or until their successors are elected at the next Annual General Meeting. b) Elected Municipal officials may be nominated for membership on the Board by any member. c) Elections are held in accordance with the Federation’s Elections Policy which is attached as Appendix 1 to these By-laws. 5.4 Indemnification a) The Federation must maintain Officers and Directors Insurance that indemnifies the Directors for actions in the normal course of their duties. b) Directors or Officers may rely on the accuracy of any statement or report prepared by the Federation's auditor. c) The Federation indemnifies each Director against all costs and charges resulting from any act done as a Director for the Federation, except for acts of fraud, dishonesty, or bad faith. d) No Director is liable for:  the acts of any other Director, Officer or employee,  any loss or damage as a result of acting on that statement or report of the Federation’s Auditor,  any loss or damage due to the bankruptcy, insolvency, or wrongful act of any person, firm, or corporation dealing with the Federation,  any loss due to an oversight or error in judgement, or  an action when acting as a Director or Officer, unless the act is fraud, dishonesty, or bad faith. 5.5 Executive Committee a) The Executive Committee consists of the President, Vice President, Past President, and Chairs of the caucuses. b) The Chair of the Regional Caucus cannot be from the same municipality as one of the Officers. 5.6 Term Limits a) A Board Member may serve seven (7) consecutive years on the Board. b) A Board Member who serves seven (7) consecutive years on the Board must wait one year before being reappointed or re-elected to the Board. c) Article 5.6 (a)(b) does not apply if: i. a new member does not come forward to replace a Board member who has reached the term limits ii. a Board Member becomes Vice President in their sixth or seventh consecutive year on the Board. 5.7 Removal of a Board Member A Board Member, who without excuse satisfactory to the Board, is absent from three (3) consecutive meetings of the Board, is deemed to have resigned from the Board. 5.8 Code of Conduct & Conflict of Interest a) The Federation’s Code of Ethical Conduct adopted by the Board applies to all Directors, Officers and members of Committees of the Federation. b) The Municipal Conflict of Interest Act applies to all Federation meetings. No Elected Municipal Official is entitled to vote or be present at the portion of a meeting where matters being discussed may create a conflict of interest for that Elected Municipal Official. If such a matter arises, the affected person shall immediately declare a conflict. A conflict of interest shall generally be as described in the Municipal Conflict of Interest Act. 5.9 Board Expenses a) Directors and Officers serve without remuneration and may not receive any profit from their positions, including the receipt of loans, loan guarantees or advance funds to any Director. b) The Federation reimburses Board Members for reasonable expenses incurred while undertaking Federation business and provides a per diem allowance to each Board member. Such expense reimbursement and per diem allowances are governed by the "Federation Expenses Policy". c) The President, in lieu of a per diem allowance, receives an annual stipend as determined by the Board of Directors. 5.10 Vacancies a) If that the President or Vice President resigns or becomes ineligible to serve as a member of the Board, the Board must appoint an eligible replacement from the same caucus to serve as President or Vice-President for the remainder of the term. b) If the Past President is no longer an elected municipal official, the Past-President position is to be assumed by the most recent Past-President still holding elected municipal office in Nova Scotia and willing to serve. c) In the event any other Board Member resigns or becomes ineligible to serve, the vacancy is to be filled by a replacement member elected by the relevant caucus. If the vacancy is not filled within sixty (60) days, the Board of Directors must appoint an eligible replacement. Service as a replacement is not considered a term for purposes of calculating term limits. d) In the event that a replacement is required as per Article 5.10(c), a Caucus must call for nominations from members of the caucus and may utilize electronic voting ARTICLE 6 - MEETINGS 6.1 Board of Directors a) The Board must meet at least six times per year. b) Immediately following the Annual General Meeting, the Board must meet in order to set the dates for its future meetings, make any necessary appointments and conduct any matters that must be considered by the Board. c) Notice of Board meetings are to be given by the Chief Executive Officer to all directors at least one week before the meeting. d) Meetings of the Board and committees may be conducted in person or by teleconference, videoconference or other electronic means. e) Any action taken during or as a result of by teleconference, videoconference or other electronic meeting is the same as if the members of the Board or Committee were physically present at the meeting. f) The Board may establish a “Policy on Meetings” that, among other matters allows a vote on a motion via email. 6.2 Annual Conference a) The Board of Directors must set the time and place of the Annual Conference to be held in the fall of each year. b) The CEO must provide Member Units with written notice of the Annual Conference and the Annual General Meeting at least thirty-one (31) days before the meeting. c) The Annual General Meeting will take place during the Annual Conference and must conduct the following business: • Consider and approve the minutes of the previous Annual Meeting and any special meetings held since the previous Annual Meeting, • Consider and approve the audited financial statements, • Appointment of Auditors for the fiscal year, • Consider and approve any proposed amendments to the by- laws, • Consider and approve any borrowing resolution proposed by the Directors, • Elect the President and Vice-President, who assume office immediately after the adjournment of the Annual Meeting; • As required by these by-laws, elect Board Members, which assumes office immediately after the adjournment of the Annual Meeting; • Any other business properly brought before the Meeting d) Every Member Unit may send delegates to the Annual Conference, the caucus meeting of units representing that classification of Member Unit, or any special meeting of the Federation. e) All other procedural issues relating to meetings of the Federation (regular, special, board, executive committee, caucuses, and annual general meeting) are outlined in the Federation Rules of Procedure Policy. 6.3 Caucus Meetings a) Each Caucus holds its annual meeting during the Annual Conference. b) Caucus meetings may be called by the Chair of the Caucus on the request of five (5) Member Units except for the Regional Caucus, in which case a caucus meeting is to be held on the request of one (1) Member Unit. 6.4 Special Meetings a) Special Meetings of the Federation may be called by the Board or upon written request signed by at least one-third of the Member Units with all three caucuses represented. b) Special Meetings must be called within thirty (30) days of such request. c) At least seven (7) days prior to a Special Meeting, the CEO must give written notice to all members specifying: i. the date, place and time of the meeting, and ii. the nature of business, such as the intention to propose a special resolution, and the non-receipt of notice by any member shall not invalidate the proceedings. d) Notice by e-mail to the address used by the Federation for communication with members constitutes written notice. e) No other business shall be conducted at Special Meeting without the unanimous consent of those present. 6.5 Quorum a) No business may be transacted at a Board meeting or at Federation meetings unless a quorum of Elected Municipal Officials is present. b) If within thirty minutes from the time appointed for the meeting a quorum is not present, the meeting can only be convened by those gathered for the sole purpose of setting the date for another meeting. c) Where a meeting begins with the requisite quorum and such quorum is lost before the conclusion of the meeting, no more business may be conducted until a quorum is resumed. d) A quorum of the Board of Directors is seven (7) Directors. e) A quorum of the Executive Committee is four (4) Executive members. f) A quorum for the Annual General Meeting or a Resolutions Session is 25 Elected Municipal Officials with at least one Elected Municipal Official from each caucus. g) A quorum for each Caucus may be determined by each Caucus. h) A quorum for Special Meetings is the same as the Annual General Meeting. i) A quorum for a Committee is half the appointed membership of the Committee ARTICLE 7 - COMMITTEES a) The Board of Directors may establish committees to achieve its mandate. b) The Board of Directors must adopt Terms of Reference for each committee. c) The Standing Committees of the Federation are:  Executive Committee  Nominations Committee  Resolutions Committee  Audit Committee ARTICLE 8 - AUDIT OF ACCOUNTS a) The Auditor of the Federation is appointed by resolution at the Annual General Meeting. b) At each Annual General Meeting the Auditor, must provide a written report to the Member Units of the results and conclusions of its audit. c) At least every three years the Board must review the performance of the Auditors and present the results of that review at the Annual General Meeting. ARTICLE 9 – BY-LAW AMENDMENTS a) These By-Laws may be amended at the Annual General Meeting or a Special Meeting, on a motion passed by two thirds (2/3) of voting members present. b) Notice of proposed amendments to the by-laws must be provide at least twenty- eight (28) days prior to the meeting at which it is to be discussed. CURRENT BY-LAWS DRAFT AMENDED BY-LAWS LEGISLATION The Nova Scotia Federation of Municipalities (NSFM) [formerly Union of Nova Scotia Municipalities] was incorporated in 1981 under the Act to Incorporate the Union of Nova Scotia Municipalities. The Act was amended on May 22, 2003. NSFM has requested a change in legislation to reflect our new name. While our registered name remains UNSM, this document will reflect our new name of Nova Scotia Federation of Municipalities (NSFM). DEFINITIONS The following definitions are intended: a) "Act" means Chapter 103 of the Acts of 1981, An Act to Incorporate the Union of Nova Scotia Municipalities. b) "Caucus" means the three classifications of municipal units under the NFSFM structure as follows: regional, rural, and town. LEGISLATION The Nova Scotia Federation of Municipalities, formerly the Union of Nova Scotia Municipalities, was incorporated in 1981 under the Act to Incorporate the Union of Nova Scotia Municipalities (attached as Appendix A to these by-laws). The Act was amended on May 22, 2003. The Federation has requested a change in legislation to reflect our new name. While our registered name has not changed, this document reflects our new name DEFINITIONS In these bylaws: "Act" means Chapter 103 of the Acts of 1981, An Act to Incorporate the Union of Nova Scotia Municipalities; “Board” means the Board of Directors of the Federation; “Director” means a Member of the Board; "Elected Municipal Official" means a person who holds an elected office in a Member Unit; "Federation" is the Nova Scotia Federation of Municipalities, formerly called the Union of Nova Scotia Municipalities; c) "Good Standing” means annual membership dues are paid in full. d) "Member Unit" means the municipality - either a regional, rural or town. e) “Regional Municipalities” means Cape Breton Regional Municipality, Halifax Regional Municipality and the Region of Queens Municipality. For clarification on Region of Queens Municipality, see Article 3.7 (b). f) “Rural Municipality” means a county or district municipality. g) “Town” means an incorporated town. (e) "Voting Delegate" means an elected council member of a member unit who is issued a voting credential. "Good Standing" means a Member Unit's annual membership dues are paid in full; “Local government’ includes a town, a regional municipality, a municipality of a county and a municipality of a district; "Member Unit" means a municipal unit that is a member in good standing of the Federation; “Past President” is the person who held the office as President prior to the election of officers held at the most recent Annual Conference, and who is still Elected Municipal Official “Policy” means a document, approved by the Board that is on file at the Federation office, that contains statements of principle, procedures or protocols about how certain work of the Federation is to be done; "Regional Municipality" includes Cape Breton Regional Municipality, Halifax Regional Municipality and the Region of Queens Municipality. "Rural Municipality" means a county or district municipality "Town" means an incorporated town ARTICLE 1 - NAME The name of the organization is the Nova Scotia Federation of Municipalities or NSFM for short. ARTICLE 2 - OBJECTIVES The objectives of the NSFM, as outlined in the “Act” are to: a) represent the interests of municipal governments in the Province, and to act as the advocate for member units on all such matters as are properly within the jurisdiction of the government of the Province b) carry out, or cause to be carried out, such research activities as will assist in the betterment and encourage a higher degree of efficiency of municipal government in the Province c) act as a clearing house for the collection, exchange and dissemination of statistical data and general information on all matters of municipal practices and procedures d) hold Annual Conferences for information, discussion and resolutions, and to hold a general workshop and discussion sessions at each Annual Conference to give delegates an opportunity to present problems of concern e) promote and strengthen what is best in municipal government and service f) protect the rights and privileges of responsible government in municipal affairs ARTICLE 1 - NAME The name of the organization is the Nova Scotia Federation of Municipalities. ARTICLE 2 - OBJECTIVES The objectives of the Federation, as outlined in Section 4 of the Act are to: a) represent the interests of municipal governments in the Province, and to act as the advocate for member units on all such matters as are properly within the jurisdiction of the government of the Province; b) carry out, or cause to be carried out, such research activities as will assist in the betterment and encourage a higher degree of efficiency of local government in the Province; c) act as a clearing house for the collection, exchange and dissemination of statistical data and general information on all matters of municipal practices and procedures; d) hold Annual Conferences for information, discussion and resolutions, and to hold a general workshop and discussion sessions at each Annual Conference to give delegates an opportunity to present problems of concern; e) promote and strengthen what is best in local government and service; g) further municipal interests by encouraging cooperation between municipal units h) undertake such activities on its own or in concert with others as may be in the best interests of local government in the Province. ARTICLE 3 - MEMBERSHIP/CAUCUSES 3.1 Conditions of Membership Every Nova Scotia municipality in good standing shall be eligible for membership in the NSFM. 3.2 Fees Member municipalities shall pay an annual membership fee as determined by the Board of Directors. 3.3 Resignation Member units may resign by providing written notice. The resignation is effective when accepted by the Board of Directors. f) protect the rights and privileges of responsible government in municipal affairs; g) further municipal interests by encouraging cooperation between municipal units; h) undertake such activities on its own or in concert with others as may be in the best interests of local government in the Province; i) to do all such other acts and things as are incidental or conducive to or consequential upon the attainment of the objects in the exercise of the powers of the Federation. ARTICLE 3 - MEMBERSHIP/CAUCUSES 3.1 Conditions of Membership Every Nova Scotia municipality is eligible for membership in the Federation. 3.2 Fees Members must pay the annual membership fee and upon payment they become or remain Member Units. 3.3 Resignation a) Member Units may apply to the Board to resign by providing written notice directed to the Chief Executive Officer. b) A resignation by a Member Unit is not effective until accepted by a resolution of the Board. 3.4 Termination of Membership Membership in the organization terminates upon: a) dissolution of a municipality b) failure to pay the annual membership fee in the year in which the fee is due. 3.5 Reinstatement of Membership A member unit whose membership has been terminated may apply to the Board of Directors for reinstatement. The Board shall only consider reinstatement when the member unit has paid its appropriate membership fee for the current year. 3.6 Rights of Members Any member unit in good standing is entitled to receive notice of member meetings, send representatives to meetings to speak on behalf of the member unit and have any other rights and privileges given to member units. 3.4 Termination of Membership Member Units cease to be members upon: a) dissolution of a municipality, or b) failure to pay the annual membership fee in the year in which the fee is due. 3.5 Reinstatement of Membership A former member may not apply to be reinstated to membership unless it has deposited with the CEO a sum equivalent to its membership fee for the current year, which sum will be applied to the membership fees if the application is accepted. 3.6 Rights of Members a) A Member Unit • is a member of a Caucus, without additional fees • must receive notice of members’ meetings, and b) may send Elected Municipal Officials to members’ meetings, where they are voting delegates and may speak and vote on behalf of the Member Unit c) may, through an Elected Municipal Official, inspect the annual financial statements, minutes of Board meetings and other books and records of the Federation, that are not confidential, at the office of the Federation on one week’s notice to the President or Chief Executive Officer. d) A request for inspection pursuant to para. (c) must be in writing, addressed to the President of Chief Executive Officer and must specify the proposed time and identify the name of the person who will attend for the requested inspection. 3.7 Caucuses - Role and Governance a) The role of a caucus is to elect members to serve on the Board of Directors and to discuss and make recommendations to the NSFM on matters of interest and concern to members of the caucus. No caucus has the authority to speak on behalf of the NSFM or to bind the NSFM. b) For the purposes of these by-laws, the Region of Queens Municipality shall be included in the rural caucus. c) Caucuses may adopt procedures and terms of reference governing their operations. These documents shall be consistent with the NSFM Act and By-Laws. d) Caucus procedures, terms of reference and any amendments to these documents shall be filed with the NSFM Office. e) Every member unit of the NSFM shafll be a member of the relevant caucus. No additional fees shall be imposed on members as a condition of caucus membership. f) No municipal unit shall be a member of a caucus unless it is a member of the NSFM. g) Caucuses shall operate within the framework of the NSFM and as part of the NSFM structure. They do not have an independent legal existence separate from the NSFM. h) Procedures on election of caucus members are outlined in the "NSFM Elections Policy". 3.7 Elected Municipal Officials Every Elected Municipal Official may: a) attend any members’ meeting of the Federation held pursuant to Art. 6.2 and 6.5; b) vote at any members’ meeting of the Federation after they have attended at least one previous members’ meeting; c) be elected as an officer under Art 4.1 but may not be paid or receive any personal benefit from the Federation, other than for reimbursement of expenses or a per diem allowance when serving on the Board or a committee. 3.8 No Transfer of Rights Rights of an Elected Municipal Official to the Federation are not transferable. 3.9 Membership Shall Cease An Elected Municipal Official membership shall cease: a) upon death, or b) if the Member Unit resigns by written notice to the Federation, or c) if, by a vote of the majority of the members of the Federation or a majority vote of the Directors of the Federation at a meeting duly called and for which notice of the proposed action has been given, the Elected Municipal Official credentials to the Federation have been terminated. 3.10 Caucuses - Role and Governance a) There are caucuses of Member Units constituted as follows: i. The regional municipalities, excluding the Region of Queens Municipality, ii. The towns, iii. The rural municipalities, including the Region of Queens Municipality. b) No Caucus has the authority to speak on behalf of the Federation or to bind the Federation. c) Caucuses operate within the framework of the Federation and as part of the Federation structure and have no independent legal existence separate from the Federation. d) Procedures on election of Caucus members to be a caucus chair are outlined in the "Federation Elections Policy". e) Each Caucus • must elect Elected Municipal Official to serve as Caucus Chair, who then is appointed to serve as a member of the Board; • may make recommendations to the Federation on matters of interest and concern to members of the Caucus; • may adopt procedures and terms of reference, consistent with the Act and By-Laws, governing their operations, which terms of reference and any amendments to these documents must be filed with the Federation's Office. f) No municipal unit may be a member of a caucus unless it is a Member Unit of the Federation. ARTICLE 4 – OFFICERS 4.1 Officers a) The Officers of the Federation shall be the President, Vice President and Past President. b) The President and Vice President of the Federation shall be elected at large at the Annual Conference of the Union for a one-year term or until their successors are elected. c) Election of the Officers will rotate on an annual election cycle. During each cycle, the positions of President, Vice President and Past President will each be filled by members representing towns, rural municipalities and regional municipalities. d) In 2014-15, the President shall be from a rural municipality, the Vice President from a regional municipality and the Past President from a Town. In 2015-16, the President shall be from a regional municipality, the Vice President from a town and the Past President from a rural municipality. In 2016-17, the President shall be from a town, the Vice President from a rural municipality and the Past President from a regional municipality. This cycle will continue in the previously described order. e) A person shall be eligible to serve as President, Vice President and Past President only while that person is a serving elected member of a council of a member unit. f) Specific procedures for election of NSFM officers and other officials are found in the "NSFM Elections Policy". ARTICLE 4 – OFFICERS 4.1 Officers a) The Officers of the Federation are the President, Vice President and Past President. b) The Officers are subject to the control, direction and established policies of the Board of Directors. c) The President and Vice President of the Federation are elected by Elected Municipal Officials at the Annual General Meeting and serve a one-year term or until their successors are elected at the next Annual General Meeting. d) The Officer positions rotate on an annual election cycle so that the positions of President, Vice President and Past President are filled by Elected Municipal Officials from towns, rural municipalities and regional municipalities in sequence. e) For greater clarity, in 2019-20, the President is from a town; the Vice President is from a rural municipality and the Past President is from a regional municipality. In 2020-21, the President shall be from a rural municipality, the Vice President from a regional municipality and the Past President from a town. In 2021-22, the President shall be from a regional municipality, the Vice President from a town and the Past President from a rural municipality. This cycle will continue in the previously described order. f) Specific procedures for election of Federation officers and other officials shall be governed by the "Federation Elections Policy". 4.2 Powers and Duties of Officers a) The President shall: • subject to the control and direction of the Board of Directors, have general direction of the affairs of the NSFM • chair all meetings of the Board of Directors, Executive Committee, and special meetings • vote at any such meeting • serve as an ex officio member of all NSFM committees b) The Vice President shall: • exercise the authority of the President in the absence or incapacity of the President • serve as Chair of the Resolutions Committee • perform other duties as required. c) The Past President shall: • serve as Chair of the Nominations Committee • perform other duties as required. 4.3 Executive Director a) The NSFM has an Executive Director to oversee the day-to-day operations of the NSFM. b) Duties of the Executive Director are outlined in the "NSFM Executive Director Policy". 4.2 Powers and Duties of Officers a) The President: • is responsible for the general direction of the affairs of the Federation; • chairs all meetings of the Board of Directors, Executive Committee, and special meetings; • performs any duty as assigned by the Board; • may vote at meetings of the Board; • serves as an ex officio non-voting member of all Federation committees. b) The Vice President: • exercises the authority of the President in the absence or incapacity of the President; • chairs the Resolutions Committee; • performs other duties as assigned by the Board; • serves as an ex officio non-voting member of all Federation committees. c) The Past President: • chairs the Nominations Committee; • performs other duties as assigned by the Board. 4.3 Chief Executive Officer a) The Board must appoint a Chief Executive Officer. b) The Chief Executive Officer, under the direction of the Board, is responsible for the management and coordination of all phases of the operation, administration, finances, organization, supervision and maintenance of all activities of the Federation. ARTICLE 5 - BOARD OF DIRECTORS 5.1 Powers The powers governing the Board of Directors are outlined in An Act to Incorporate the Union of Nova Scotia Municipalities passed in 1981 and amended in May 2003. 5.2 Eligibility In order to be considered for election as a board member, a person must represent a member unit in good standing. 5.3 Composition The Board of Directors shall consist of thirteen (13) members: the President, Past President, Vice President, Chair and two (2) other members representing the Rural Caucus, Chair and two c) Specific duties of the Chief Executive Officer are outlined in the "Federation Chief Executive Officer Policy”. d) In the absence of a Chief Executive Officer the Board must appoint a person to serve as interim Chief Executive Officer. 4.4 Execution of Contracts Contracts, deeds, bills of exchange and other instruments and documents may be executed on behalf of the Federation by the President or the Vice-President and the Chief Executive Officer, or as otherwise as prescribed by resolution of the Board. ARTICLE 5 - BOARD OF DIRECTORS 5.1 Powers The powers governing the Board of Directors are granted by An Act to Incorporate the Union of Nova Scotia Municipalities (1981) as amended. 5.2 Composition The Board of Directors consists of thirteen (13) members: • the President, • the Vice President, • the Past President, • the Chairs of the caucuses, appointed by them, • two (2) Elected Municipal Officials representing the Rural Caucus, • two (2) Elected Municipal Officials representing the Towns Caucus, (2) other members representing the Towns Caucus, Chair and two (2) other members representing the Regional Caucus, and a voting representative from the Association of Municipal Administrators. 5.4 Indemnification a) The NSFM indemnifies each Director or Officer against all costs and charges that result from any act done as a Director or Officer for the NSFM. The NSFM does not protect any Director or Officer for acts of fraud, dishonesty, or bad faith. b) No Director or Officer is liable for the acts of any other Director, Officer or employee. No Director or Officer is responsible for any loss or damage due to the bankruptcy, insolvency, or wrongful act of any person, firm, or corporation dealing with the NSFM. No Director or Officer is liable for any loss due to an oversight or error in judgement, or by an action when acting as a Director or Officer of the NSFM, unless the act is fraud, dishonesty, or bad faith. • two (2) Elected Municipal Officials representing the Regional Municipality Caucus, and • a person appointed by the Association of Municipal Administrators. 5.3 Election a) The Board is elected by Elected Municipal Officials at the Annual General Meeting and members serve a one-year term or until their successors are elected at the next Annual General Meeting. b) Elected Municipal officials may be nominated for membership on the Board by any member. c) Elections are held in accordance with the Federation’s Elections Policy which is attached as Appendix 1 to these By-laws. 5.4 Indemnification a) The Federation must maintain Officers and Directors Insurance that indemnifies the Directors for actions in the normal course of their duties. b) Directors or Officers may rely on the accuracy of any statement or report prepared by the Federation's auditor. c) The Federation indemnifies each Director against all costs and charges resulting from any act done as a Director for the Federation, except for acts of fraud, dishonesty, or bad faith. d) No Director is liable for: • the acts of any other Director, Officer or employee, c) Directors or Officers rely on the accuracy of any statement or report prepared by the NSFM's auditor. Directors or Officers are not liable for any loss or damage as a result of acting on that statement or report. 5.5 Executive Committee a) The Executive Committee shall consist of the President, Vice President, Past President, and Chairs of the three caucuses. b) The Chair of the Regional Caucus must represent a regional municipality different than that of the President, Vice President or Past President. 5.6 Term Limits a) No Board Member shall serve more than seven (7) consecutive years. b) A Board Member that serves seven (7) consecutive years on the board must wait one year before reapplying to the board. c) Article 5.6 (a)(b) does not apply in the event that: i. a new member does not come forward to replace a Board member who has reached the term limits ii. a board member becomes Vice President in their sixth or seventh consecutive year on the board • any loss or damage as a result of acting on that statement or report of the Federation’s Auditor, • any loss or damage due to the bankruptcy, insolvency, or wrongful act of any person, firm, or corporation dealing with the Federation, • any loss due to an oversight or error in judgement, or • an action when acting as a Director or Officer, unless the act is fraud, dishonesty, or bad faith. 5.5 Executive Committee a) The Executive Committee consists of the President, Vice President, Past President, and Chairs of the caucuses. b) The Chair of the Regional Caucus cannot be from the same municipality as one of the Officers. 5.6 Term Limits a) A Board Member may serve seven (7) consecutive years on the Board. b) A Board Member who serves seven (7) consecutive years on the Board must wait one year before being reappointed or re-elected to the Board. c) Article 5.6 (a)(b) does not apply if: i. a new member does not come forward to replace a Board member who has reached the term limits ii. a Board Member becomes Vice President in their sixth or seventh consecutive year on the Board. 5.7 Removal of a Board Member A member of the Board of Directors shall be removed from holding office if without excuse satisfactory to the Board of Directors, is absent from three (3) consecutive meetings of the Board of Directors or Executive Committee. 5.8 Conflict of Interest The Municipal Conflict of Interest Act applies to all NSFM Board meetings. No member of the Board of Directors shall be entitled to vote or be present at any meeting during such time as the matters being discussed may create a conflict of interest for the member. If such a matter arises, the affected member shall immediately declare a conflict. A conflict of interest shall generally be as described in the Municipal Conflict of Interest Act. 5.9 Board Expenses a) Board Members shall be reimbursed for reasonable expenses incurred while undertaking NSFM business. Such expense reimbursement shall be set by the Board of Directors. b) The President receives an annual stipend as determined by the Board of Directors. 5.7 Removal of a Board Member A Board Member, who without excuse satisfactory to the Board, is absent from three (3) consecutive meetings of the Board, is deemed to have resigned from the Board. 5.8 Code of Conduct & Conflict of Interest a) The Federation’s Code of Ethical Conduct adopted by the Board applies to all Directors, Officers and members of Committees of the Federation. b) The Municipal Conflict of Interest Act applies to all Federation meetings. No Elected Municipal Official is entitled to vote or be present at the portion of a meeting where matters being discussed may create a conflict of interest for that Elected Municipal Official. If such a matter arises, the affected person shall immediately declare a conflict. A conflict of interest shall generally be as described in the Municipal Conflict of Interest Act. 5.9 Board Expenses a) Directors and Officers serve without remuneration and may not receive any profit from their positions, including the receipt of loans, loan guarantees or advance funds to any Director. b) The Federation reimburses Board Members for reasonable expenses incurred while undertaking Federation business and provides a per diem allowance to each Board member. Such expense reimbursement and per diem allowances are governed by the "Federation Expenses Policy". 5.10 Vacancies a) In the event that the President or Vice President resigns or becomes ineligible to serve as a member of the Board, the Board shall elect an eligible replacement from the same caucus to serve out the term of that member. b) The Past President shall be the person holding office as President prior to the municipal election at the Annual Conference, and who still holds an elected municipal office in Nova Scotia. If that person is no longer an elected municipal official, the Past-President position shall be assumed by the most recent Past-President who still holds elected municipal office in Nova Scotia and who is willing to serve. c) In the event that any other member of the Board resigns or becomes ineligible to serve as a member, a replacement member may be elected by the relevant caucus. If a replacement is not elected within sixty (60) days of the date when the member advised of his ineligibility, the Board of Directors shall elect an eligible replacement. Service as a replacement shall not be considered a term for purposes of calculating term limits. d) In the event that a replacement is required as per Article 5.10(c), a Caucus is authorized to utilize available technological equipment to carry out a vote. It is anticipated that a call for nominations would proceed any such e-vote to fill a vacancy. c) The President, in lieu of a per diem allowance, receives an annual stipend as determined by the Board of Directors. 5.10 Vacancies a) If that the President or Vice President resigns or becomes ineligible to serve as a member of the Board, the Board must appoint an eligible replacement from the same caucus to serve as President or Vice-President for the remainder of the term. b) If the Past President is no longer an elected municipal official, the Past-President position is to be assumed by the most recent Past-President still holding elected municipal office in Nova Scotia and willing to serve. c) In the event any other Board Member resigns or becomes ineligible to serve, the vacancy is to be filled by a replacement member elected by the relevant caucus. If the vacancy is not filled within sixty (60) days, the Board of Directors must appoint an eligible replacement. Service as a replacement is not considered a term for purposes of calculating term limits. d) In the event that a replacement is required as per Article 5.10(c), a Caucus must call for nominations from members of the caucus and may utilize electronic voting ARTICLE 6 - MEETINGS/VOTING 6.1 Board of Directors a) The Board shall meet at least six times per year. b) Notice of Board meetings shall be given to all directors at least one week before the meeting. c) Meetings of the Board and other committees of the NSFM may be conducted in person or by teleconference, videoconference or other electronic means and the rules for holding regular meetings shall apply. Any action taken during or as a result of such meeting is the same as if the members of the Committee were physically present at the meeting. 6.2 Annual Conference a) The Annual Conference shall be held at such time and place as determined by the Board of Directors. b) Member units shall receive notice in writing of the Annual Conference at least one thirty-one (31) days before the day on which the meeting is held. ARTICLE 6 - MEETINGS 6.1 Board of Directors a) The Board must meet at least six times per year. b) Immediately following the Annual General Meeting, the Board must meet in order to set the dates for its future meetings, make any necessary appointments and conduct any matters that must be considered by the Board. c) Notice of Board meetings are to be given by the Chief Executive Officer to all directors at least one week before the meeting. d) Meetings of the Board and committees may be conducted in person or by teleconference, videoconference or other electronic means. e) Any action taken during or as a result of by teleconference, videoconference or other electronic meeting is the same as if the members of the Board or Committee were physically present at the meeting. f) The Board may establish a “Policy on Meetings” that, among other matters allows a vote on a motion via email. 6.2 Annual Conference a) The Board of Directors must set the time and place of the Annual Conference to be held in the fall of each year. b) The CEO must provide Member Units with written notice of the Annual Conference and the Annual General Meeting at least thirty-one (31) days before the meeting. c) The NSFM Annual General Meeting will take place during the Annual Conference. d) By-Law amendments (if any) are an item of business for the Annual General Meeting. e) Every member unit may send delegates to the Annual Conference, the caucus meeting of units representing that classification of municipal units, or any special meeting of the NSFM. f) All other procedural issues relating to meetings of the NSFM (regular, special, board, executive committee, caucuses, and annual general meeting) are outlined in the NSFM Rules of Procedure Policy). c) The Annual General Meeting will take place during the Annual Conference and must conduct the following business: • Consider and approve the minutes of the previous Annual Meeting and any special meetings held since the previous Annual Meeting, • Consider and approve the audited financial statements, • Appointment of Auditors for the fiscal year, • Consider and approve any proposed amendments to the by-laws, • Consider and approve any borrowing resolution proposed by the Directors, • Elect the President and Vice-President, who assume office immediately after the adjournment of the Annual Meeting; • As required by these by-laws, elect Board Members, which assumes office immediately after the adjournment of the Annual Meeting; • Any other business properly brought before the Meeting d) Every Member Unit may send delegates to the Annual Conference, the caucus meeting of units representing that classification of Member Unit, or any special meeting of the Federation. e) All other procedural issues relating to meetings of the Federation (regular, special, board, executive committee, caucuses, and annual general meeting) are outlined in the Federation Rules of Procedure Policy. 6.3 Caucus Meetings a) Each Caucus shall hold its annual meeting during the NSFM Fall Conference. b) Caucus meetings may be called by the Chair of the Caucus on the request of five (5) member units except for the regional caucus, in which case a caucus meeting shall be held on the request of one (1) member municipal unit. 6.4 Special Meetings a) Special meetings of the NSFM may be called by the Board of Directors or upon written request signed by at least one-third of the member units in good standing with all three caucuses represented. b) Special meetings must be called within thirty (30) days of such request. Member units shall be notified of all special meetings at least fourteen (14) days before the date on which the meeting is to be held. c) Such notice shall set forth the items of business to come before the special meeting. No other business shall be conducted at any such special meeting without the unanimous consent of those present. 6.5 Quorum a) No business shall be transacted at NSFM meetings unless a quorum of members is present. b) If within thirty minutes from the time appointed for the meeting a quorum of members is not present, the meeting can 6.3 Caucus Meetings a) Each Caucus holds its annual meeting during the Annual Conference. b) Caucus meetings may be called by the Chair of the Caucus on the request of five (5) Member Units except for the Regional Caucus, in which case a caucus meeting is to be held on the request of one (1) Member Unit. 6.4 Special Meetings a) Special Meetings of the Federation may be called by the Board or upon written request signed by at least one-third of the Member Units with all three caucuses represented. b) Special Meetings must be called within thirty (30) days of such request. c) At least seven (7) days prior to a Special Meeting, the CEO must give written notice to all members specifying: i. the date, place and time of the meeting, and ii. the nature of business, such as the intention to propose a special resolution, and the non-receipt of notice by any member shall not invalidate the proceedings. d) Notice by e-mail to the address used by the Federation for communication with members constitutes written notice. e) No other business shall be conducted at Special Meeting without the unanimous consent of those present. 6.5 Quorum a) No business may be transacted at a Board meeting or at Federation meetings unless a quorum of Elected Municipal Officials is present. b) If within thirty minutes from the time appointed for the meeting a quorum is not present, the meeting can only be only be convened by those gathered for the sole purpose of setting the date for another meeting. c) Where a meeting begins with the requisite quorum and such quorum is lost before the conclusion of the meeting, no more business shall be conducted at that meeting after losing the quorum. d) A quorum of the Board of Directors shall consist of at least seven (7) Directors. e) A quorum of the Executive Committee shall consist of at least four (4) Executive members. f) A quorum for the Annual General Meeting or the Resolutions Session shall consist of 25 voting delegates with at least one member from each caucus. g) A quorum for each Caucus shall be determined by each Caucus. h) A quorum for Special Meetings shall be the same as the Annual General Meeting. ARTICLE 7 - COMMITTEES a) The Board of Directors may establish committees to achieve its mandate. convened by those gathered for the sole purpose of setting the date for another meeting. c) Where a meeting begins with the requisite quorum and such quorum is lost before the conclusion of the meeting, no more business may be conducted until a quorum is resumed. d) A quorum of the Board of Directors is seven (7) Directors. e) A quorum of the Executive Committee is four (4) Executive members. f) A quorum for the Annual General Meeting or a Resolutions Session is 25 Elected Municipal Officials with at least one Elected Municipal Official from each caucus. g) A quorum for each Caucus may be determined by each Caucus. h) A quorum for Special Meetings is the same as the Annual General Meeting. i) A quorum for a Committee is half the appointed membership of the Committee ARTICLE 7 - COMMITTEES a) The Board of Directors may establish committees to achieve its mandate. b) The Board of Directors must adopt Terms of Reference for each committee. b) The Standing Committees of the NSFM shall be: • Nominations Committee • Resolutions Committee. ARTICLE 8 - AUDIT OF ACCOUNTS a) The Auditor of the NSFM shall be appointed by the Board of Directors. b) The Auditor, at the Annual Conference, shall make a written report to the member units of the NSFM as to its financial position and the report shall contain a balance sheet and operating account. ARTICLE 9 - PARLIAMENTARY AUTHORITY In all cases not specifically addressed in any special procedural rules policy that the NSFM may adopt, the rules contained in the current edition of Robert's Rules of Order Newly Revised (RONR) shall govern NSFM proceedings. ARTICLE 10 – BY-LAW AMENDMENTS By-Laws of the NSFM may be passed or amended at an annual conference or special meeting, on a motion passed by two thirds (2/3) of voting members present. Notice of amendment must be sent out twenty-eight (28) days prior to the meeting at which it is to be discussed. c) The Standing Committees of the Federation are: • Executive Committee • Nominations Committee • Resolutions Committee • Audit Committee ARTICLE 8 - AUDIT OF ACCOUNTS a) The Auditor of the Federation is appointed by resolution at the Annual General Meeting. b) At each Annual General Meeting the Auditor, must provide a written report to the Member Units of the results and conclusions of its audit. c) At least every three years the Board must review the performance of the Auditors and present the results of that review at the Annual General Meeting. ARTICLE 9 – BY-LAW AMENDMENTS a) These By-Laws may be amended at the Annual General Meeting or a Special Meeting, on a motion passed by two thirds (2/3) of voting members present. Approved October 15, 2003 Amended: November 6, 2014 b) Notice of proposed amendments to the by-laws must be provide at least twenty-eight (28) days prior to the meeting at which it is to be discussed. REQUEST FOR DECISION/DIRECTION Prepared By: Greg Jonah, C.E.T. Dan McDougall, CAO Date October 4, 2019 Reviewed By: Matthew S. Davidson, P. Eng. Date October 7, 2019 Authorized By: Dan McDougall, CAO Date October 23, 2019 CURRENT SITUATION The Nova Scotia Transportation and Infrastructure Renewal Department has a cost sharing program where they 50/50 cost share re-surfacing of certain provincially owned roads. A list of these roads (commonly referred to as J-Class roads) was provided by NSTIR and contains approximately 35km of eligible roads in MODC. To qualify for this program, MODC is required to submit a candidate list to NSTIR by October 31, 2019 for work to be completed in the 2020/2021 fiscal year. NSTIR will estimate the cost of the work and determine, based on ranking and available funding, which roads are accepted into the program. RECOMMENDATION It is recommended to Council, by the Engineering and Public Works Department, that MODC Submit a candidate list to NSTIR to pave the following J-Class Roads in the 2020/2021 construction season: 1. Frank Swinimer Road in Western Shore (0.35Km) 2. Beech* Street in East Chester (0.11Km) 3. Birch* Street in East Chester (0.18Km) 4. Nauss Point Rd in Chester, South of the Chester Waste Water Treatment Plant entrance (0.41Km) 5. Pine* Street in East Chester (0.25Km) 6. Prince Street in Chester from Pleasant Street to Main Street (0.71Km) 7. Cedar* Street in East Chester (0.11Km) 8. Chester Shore Rd from Pig Loop in Chester to Hwy 3 in East Chester (1.28Km) 9. Main Street in Chester from Valley to Queen (0.10Km) 10. Maple* Street in East Chester (0.24Km) 11. Regent Street in Chester from Central to Prince and from Granite to Brunswick (0.20Km) REPORT TO: Municipal Council SUBMITTED BY: Engineering & Public Works Department DATE: October 4, 2019 SUBJECT: NSTIR-MODC paving renewal cost share program ORIGIN: Cost Share Agreement No. 2018-006 2 Request For Decision *Beech, Birch, Pine, Cedar, and Maple would be submitted as one road in the list of candidates to TIR if approved by Council as it is a continuous crescent. BACKGROUND On September 23, 2019, a Road Strategy Workshop was held to discuss the various types of roads within the Municipality and MODC’s fiscal responsibility for each. In the case of J-Class roads, MODC currently contributes annually ($193K in 2019/2020) to the Provincial Government towards routine maintenance (excluding paving renewals) of J-Class roads. MODC has participated in the 50/50 Cost share paving program in previous years including paving Regent Street in 2018. A total of 0.34 km of Regent St., from Water St. to Central Street., was resurfaced at an estimated total cost of $62,500, with the MODC contributing $31,250. An outcome from the workshop was the desire to improve the overall condition of the J-Class Roads and maintain them going forward, which will require an effectively run paving renewal program. Staff estimates an effective paving renewal program would require approximately $550K per annum (20 year renewal program). It should be noted that NSTIR’s current maximum annual contribution through the J-Class paving program is $2.0M province wide, which is to be match by the participating Municipalities. Staff prioritized the J-Class road paving in MODC. To determine priorities, multiple criteria were used including; the condition of the road; executive priority (council directive, strategic desired route, etc.); the number of residents and businesses that use the road; and the street class (dead end, local through street, collector, etc.). DISCUSSION Provincially owned “J-Class” roads are generally described as those provincially owned subdivision roads classified by NSTIR as “J-Class”. There are approximately 35Km of J-Class roads in the municipality including major and minor collector roads, and various local roads. The surfaces of these roads vary greatly and include asphalt (PA), chipseal (CS), sandseal (SS) and gravel (GR). Staff have determined that, based on the total number and length of J-Class Roads in the Municipality, in order to effectively maintain the current level of service with respect to the condition of J-Class road surfaces, a paving renewal program is required. Staff have estimated a range of $550K (20-year renewal program, ~1.75 km/year) to $1.1M per annum (10-year renewal program, ~3.5 km/year) is required to effectively maintain the surface of these roads. 3 Request For Decision To determine the most appropriate order for paving renewal of the roads, Staff prioritized the paving of all J-Class Roads within MODC using the following criteria: Accesses / Use 15% Calculated value for residential and commercial accesses using street Rating (1-5) Less than 20 1 20 50 2 50 90 3 90 180 4 Over 180 5 Street Class 15% Description Rating (1-5) 1g - Local existing gravel (dead end or connector) 1 1a - Local a (access to residential units on this street only - dead end) 2 1b - Local b (Access to residential units on street and other streets) 2 1c - Local c (Access to residential and commercial on this street only - dead end) 2 1d - Local d (Access to significant residential and/or commercial on street and other streets) 3 2a - Collector minor (Secondary collector connects to arterial) 4 2b - Collector major (Primary collector connects to arterial) 5 Road Condition 50% Description of Condition Rating (1-5) Very Good: only planned operational maintenance required 1 Good: some surface maintenance required plus operational maintenance 2 Fair: significant maintenance and/or repairs recommended to avoid complete surface failure 3 Poor: significant renewal/rehabilitation required 4 Very Poor: physically unsound and/or beyond rehabilitation (requires sub-surface repairs) 5 Executive 20% Description of Condition Rating (1-5) General priority 1 2 Strategic or desired routes 3 4 Executive directive (economic factors, council direction, etc.) 5 4 Request For Decision Based on the above criteria, surface renewal priorities were determined. A complete road priority listing is attached (Schedule 1 – MODC-NSTIR cost share road priorities). Using a formula provided by NSTIR to calculate “ball park” renewal cost, EPW completed a list of candidates with an estimated cost of surface renewal of $1.1M. This includes: 1. Frank Swinimer Road in Western Shore (0.35Km) – $111K 2. Beech Street in East Chester (0.11Km) – $22K 3. Birch Street in East Chester (0.18Km) - $36K 4. Nauss Point Rd in Chester, South of the Chester Waste Water Treatment Plant entrance (0.41Km) – $130K 5. Pine Street in East Chester (0.25Km) - $50K 6. Prince Street in Chester from Pleasant Street to Main Street (0.71Km) - $225K 7. Cedar Street in East Chester (0.11Km) – 22K 8. Chester Shore Rd from Pig Loop in Chester to Hwy 3 in East Chester (1.28Km) - $405K 9. Main Street in Chester from Valley to Queen (0.10Km) - $20K 10. Maple Street in East Chester (0.24Km) - $48K 11. Regent Street in Chester from Central to Prince and from Granite to Brunswick (0.20Km) - $40K Based on a 50/50 cost share the municipal share of the cost for these candidate roads would be estimated at $554,500. It should be noted that the above estimates are for information only. NSTIR will complete the official estimates upon receipt of the candidate list. Submission of the list in no way authorizes work or commits to any fiscal responsibility. NSTIR will respond to the candidate list by rejecting or accepting each road submitted. They will also provide cost estimates for the accepted streets. IMPLICATIONS Policy Abutting property owners would not be asked to contribute through an area rate/improvement charge therefore a plebiscite to determine support would not need to be conducted. Financial/Budgetary Roads approved by NSTIR for renewal would be improved in fiscal year 20/21. As such, the source of funds will need to be determined by Council during the 20/21 budget process. 5 Request For Decision Improving J class roads is an eligible category for Gas Tax funding. Both the Gas Tax Reserve and Operating Reserve have unencumbered balances sufficient to fund the $554,500 municipal share identified in the Discussion. A funding strategy to support a long-range road renewal plan should be developed and considered by Council. The funding strategy may include area rate revenue, general rate revenue, and other sources of funds such as Gas Tax. A long-range renewal plan and funding strategy for municipal owned roads should be developed and considered by Council. Environmental N/A Strategic Plan 1. Maintain a high level of fiscal responsibility; 2. Continually improve public satisfaction with municipal services; 3. Ensure sufficient infrastructure is available to best serve our residents and businesses; and 6. Promote conditions conducive to fostering economic prosperity. Work Program Implications N/A OPTIONS 1. Submit candidate list to NSTIR as recommended. 2. Submit revised candidate list with roads added or removed as per Council direction. 3. Do not submit candidate list. ATTACHMENTS  Schedule 1 – MODC-NSTIR cost share road priorities Street Name Community District length (m)location description Ranked Aggregate Score (100 max) FRANK SWINIMER WS 5 350 TRUNK 3 IN WESTERN SHORE WESTERLY TO END OF PAVEMENT AT NORTH STREET 91 BEECH STREET EC 1 110 MAPLE STREET IN EAST CHESTER SOUTHERLY TO PINE STREET 82 BIRCH STREET EC 1 180 OLD TRUNK 3 IN EAST CHESTER SOUTHERLY TO JCT. OF MAPLE AND BEECH STREET 82 NAUSS POINT CH 3 410 and beyond 82 PINE STREET EC 1 250 BEECH STREET IN EAST CHESTER TO CEDAR STREET AND BRANCH TO END 82 PRINCE STREET CH 3 710 PLEASANT STREET IN CHESTER NORTHERLY TO END AT MAIN STREET 82 CEDAR STREET EC 1 110 MAPLE STREET IN EAST CHESTER SOUTHERLY TO PINE STREET 79 CHESTER SHORE EC 1 220 TRUNK 3 TO DISTRICT LINE IN EAST CHESTER 79 CHESTER SHORE CH 3 1060 PIG LOOP ROAD IN CHESTER EASTERLY DISTRICT LINE 79 MAIN STREET CH 3 100 Valley to Queen 79 MAPLE STREET EC 1 240 BIRCH STREET IN EAST CHESTER TO CEDAR STREET 79 REGENT STREET CH 3 100 Central to Prince 79 REGENT STREET CH 3 100 Granite to Brunswick 79 PLEASANT STREET CH 3 200 PRINCE STREET IN CHESTER EASTERLY TO KING STREET 71 UNION STREET CH 3 495 King to CS by Cemtery 69 LAWRENCE HATT WS 5 470 North to start of turning circle 66 TREMONT STREET CH 3 140 Valley to King 66 LAWRENCE HATT WS 5 140 Trunk 3 to North 65 PIG LOOP CH 3 1370 DUKE STREET IN CHESTER EASTERLY TO TRUNK 3 IN CHESTER COMMONS 64 ADAMS WS 5 150 TRUNK 3 IN WESTERN SHORE WESTERLY TO END OF SERVICE AT C.N.R. BOUNDARY 63 BRUNSWICK STREET CH 3 170 REGENT STREET IN CHESTER SOUTHERLY TO END AT BACK HARBOUR (Union ?)63 CHANDLER ROAD CH 3 285 Millenium ROAD IN CHESTER COMMONS SOUTHERLY TO END OF SERVICE 63 MYRA WS 5 170 TRUNK 3 IN WESTERN SHORE WESTERLY TO END AT C.N.R. BOUNDARY 63 STEVENS EC 1 400 TRUNK 3 IN EAST CHESTER NORTHERLY TO END OF SAND SEAL 63 DUKE STREET CH 3 1030 WATER STREET IN CHESTER NORTHERLY TO TRUNK 3 BY SAVE EASY 62 LAWRENCE HATT WS 5 30 Turning circle 62 UNION STREET CH 3 190 Duke to King 62 WALKER ROAD CH 3 1050 VICTORIA STREET IN CHESTER WESTERLY TO END OF SAND SEAL 62 SMITH RC 3 150 TRUNK 3 PARALLEL TO C.N.R. TO END OF SERVICE 60 VALERIE AVE CB 4 160 LACEY MINES ROAD IN CHESTER BASIN SOUTHEASTERLY TO END AT CUL-DE-SAC 60 FOREST VILLAGE RD SS 2 800 TRUNK 3 IN SIMMS SETTLEMENT SOUTHEASTERLY TO END AT CUL-DE-SAC 59 MAIN STREET CH 3 100 Victoria to Prince 59 MAIN STREET CH 3 100 Central to Valley 59 MAIN STREET CH 3 140 Queen to Duke 59 REGENT STREET CH 3 100 Prince to Victoria 59 REGENT STREET CH 3 100 Victoria to Granite 59 UNION STREET CH 3 55 Water st to duke 59 NORTH STREET WS 5 1200 LAWRENCE HATT ROAD IN WESTERN SHORE NORTHERLY TO FRANK SWINIMER ROAD 58 STATION EXT WS 5 390 NORTH STREET IN WESTERN SHORE WESTERLY TO END OF LISTING 56 MAIN STREET EXT CH 3 50 VICTORIA ROAD IN CHESTER WESTERLY TO END AT SHORE 56 VICTORIA STREET CH 3 1160 TRUNK 3 IN CHESTER SOUTHERLY TO SOUTH STREET 55 TREMONT STREET CH 3 60 Duke toValley 53 VAUGHN WS 5 260 END OF CHIP SEAL SECTION IN WESTERN SHORE EASTERLY TO END OF SAND SEAL 53 KING STREET CH 3 190 Pleasant to South 53 SOUTH STREET CH 3 100 Central to King 53 NAUSS POINT CH 3 230 to WWTP 52 OLD TRUNK 3 CH 1 1100 District only 51 OLD TRUNK 3 CH 3 1050 District only 51 PLEASANT STREET CH 3 150 KING STREET IN CHESTER EASTERLY TO DUKE STREET 51 TREMONT STREET CH 3 90 Gravel portion past marina 50 MAIN STREET CH 3 100 Prince to Central 49 MAPLEWOOD DRIVE CH 3 220 TRUNK 3 IN CHESTER COMMONS NORTHERLY TO CHESTER COMMONS ROAD 49 STANFORD LAKE RC 7 860 TRUNK 3 IN ROBINSONS CORNER EASTERLY AROUND STANFORD LAKE TO DISTRICT LINE 49 STANFORD LAKE CH 3 740 DISTRICT LINE EASTERLY AROUND STANFORD LAKE TO OLD TRUNK 3 IN CHESTER 49 KING STREET CH 3 180 Valley to Tremont 48 CHESTER DOWNS EC 1 1020 OLD TRUNK 3 IN EAST CHESTER NORTHWESTERLY AROUND LOOP 46 HUBBARDS ESTATE FP 2 540 ROUTE 329 IN HUBBARDS WESTERLY TO END AT TURNING CIRCLE 46 REGENT STREET CH 3 120 Brunswick to end 46 KING STREET CH 3 530 Tremont to Pleasant 45 QUEEN STREET CH 3 780 SOUTH STREET IN CHESTER NORTHERLY TO END OF PAVEMENT AT VALLEY ROAD 45 SOUTH STREET CH 3 100 King to Queen 44 VALLEY CH 3 530 TRUNK 3 IN CHESTER SOUTHEASTERLY TO DUKE STREET 44 FREDA'S HILL CH 3 180 PENINSULA ROAD IN CHESTER WESTERLY TO END AT PRIVATE DRIVEWAY ON THE PENINSULA 43 GEORGE DOREY WS 5 220 TRUNK 3 AT WESTERN SHORE WESTERLY TO END AT TURNING CIRCLE 43 GRANITE STREET CH 3 170 REGENT STREET IN CHESTER NORTHERLY TO TREMONT STREET 43 GRANITE STREET CH 3 60 TREMONT STREET IN CHESTER NORTHERLY TO END OF SERVICE 43 TARGET HILL CH 3 340 OLD TRUNK 3 IN CHESTER COMMONS NORTHWESTERLY PAST CEMETERY TO END OF SAND SEAL 43 CENTRAL STREET CH 3 480 VALLEY ROAD IN CHESTER SOUTHERLY TO REGENT STREET 42 CENTRAL STREET CH 3 550 REGENT STREET IN CHESTER SOUTHERLY TO SOUTH STREET 42 HADDEN HILL CH 3 570 TRUNK 3 IN CHESTER NORTHERLY OVER HADDEN HILL TO DISTRICT LINE 42 HADDEN HILL RC 7 830 TRUNK 3 IN ROBINSONS CORNER TO DISTRICT LINE 42 KING STREET CH 3 180 Trunk 3 to Valley 42 QUEEN STREET CH 3 300 VALLEY ROAD IN CHESTER NORTHERLY TO TRUNK 3 42 STATION WS 5 360 TRUNK 3 IN WESTERN SHORE BY FIRE HALL WESTERLY TO NORTH STREET 42 FRANK SWINIMER WS 5 250 END OF PAVEMENT AT NORTH STREET IN WESTERN SHORE WESTERLY TO END AT TO TURNING CIRCLE 40 CHESTER COMMONS CH 3 920 OLD TRUNK 3 IN CHESTER COMMONS EASTERLY AROUND TO OLD TRUNK 3 39 SWINIMER WS 5 330 TRUNK 3 IN WESTERN SHORE WESTERLY TO END AT C.N.R. BOUNDARY 39 WATER STREET CH 3 570 DUKE STREET IN CHESTER SOUTHERLY TO DUKE STREET 39 PENINSULA CH 3 580 SOUTH STREET IN CHESTER ACROSS CAUSEWAY SOUTHERLY END OF CHIP SEAL 36 SOUTH STREET CH 3 45 Victoria to Central 36 CHESTER COMMONS CH 3 110 Islandview Road - from Chester commons rd to Islandview lane 33 EAST WIND DRIVE RC 3 450 HADDEN HILL ROAD IN ROBINSONS CORNER SOUTHWESTERLY AROUND LOOP TO WEST WIND 33 KING STREET CH 3 170 TRUNK 3 IN CHESTER NORTHERLY TO FORMER C.N.R. OVERPASS 33 TREMONT STREET CH 3 520 King to Marina 33 WATER LANE CH 3 120 WATER AND DUKE STREET INTERSECTION IN CHESTER SOUTHERLY TO QUEENS STREET 33 WESTWIND DRIVE RC 3 200 EASTWIND DRIVE IN ROBINSONS CORNER SOUTHWESTERLY TO EASTWIND DRIVE 33 YOUNG WS 5 400 TRUNK 3 IN WESTERN SHORE WESTERLY TO C.N.R. BOUNDARY THEN TO STATION STREET 33 CHANDLER ROAD CH 3 195 Pig loop to Millenium 32 BOEHNER WS 5 400 TRUNK 3 NEAR VAUGHN RIVER IN WESTERN SHORE NORTHERLY TO END OF SERVICE 30 CHARLES HILTZ WS 5 210 TRUNK 3 IN WESTERN SHORE EASTERLY TO END OF LISTED ROAD (SEE PLAN)30 DUKE STREET (Peterson)CH 3 150 TRUNK 3 IN CHESTER BY SAVE EASY SOUTHERLY TO DUKE STREET BY FORMER RCMP STATION 30 ZINCK RC 3 140 TRUNK 3 IN ROBINSONS CORNER EASTERLY TO END OF ROAD 30 GOLF COURSE CH 3 470 PIG LOOP ROAD IN CHESTER COMMONS SOUTHERLY TO END OF CHIP SEAL 29 VAUGHN WS 5 210 TRUNK 3 IN WESTERN SHORE EASTERLY TO END OF CHIP SEAL (To Treasure Drive)29 REGENT STREET CH 3 100 King to central 26 REGENT STREET CH 3 240 Water to king 23