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2015-02-16_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, February 16, 2015 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of February 2, 2015 2 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Riverview Memorial Park (Recommendation: Receive for Information) 12-14 5.2 City Crews and Snow Removal (Recommendation: Receive for Information) 15-15 5.3 Contract 2014 -21: Cottage Hill and Lakewood Heights - Water Resevoir Quality 16-17 Improvements (Recommendation in Report) 5.4 Provision of Compensatory Storage, Labourer's Union Local 900, 895 Ashburn 18-22 Road (Recommendation in Report) 5.5 Renewal Agreement - Provision of Recreation Programs and Services at the 23-65 South End Community Centre (Recommendation in Report) 5.6 Renewal Agreements - Provision of Programs and Services at the Millidgeville 66-96 Community Centre & Forest Glen Community Centre (Recommendation in Report) 1 Powered By; $ &1BE' 1 5.7 Acquisition of Easements for Collection and Drainage of Surface /Storm Waters 97-104 and for Municipal Services Westgate Park (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Proclamation - Freedom To Read Week 105-105 8. Delegations / Presentations 8.1 Heritage Awards 106-163 8.2 Fundy Regional Service Commission: Request to Develop a Single Police 164-172 Service Delivery Model (Presentation) 8.2.1 Fundy Regional Service Commission report on Single Police Service 173-205 Delivery Model 9. Public Hearings - 6:30 p.m. 10. Consideration of By -laws 10.1 Third Reading Proposed Zoning ByLaw Amendment - 27 Cliff Street 206-207 10.2 Third Reading Proposed Municipal Plan Amendment and Rezoning with Sec 39 208-214 Conditions 2086 Ocean Westway 11. Submissions by Council Members 11.1 Overnight Parking (Councillor McAlary) 215-215 12. Business Matters - Municipal Officers 12.1 LNG Tax Concession Background Information 216-230 12.2 Queen's Square Improvements - Awards of Contract 231 -232 12.3 One -Stop Develoment Shop Presentation 233-276 12.3.1 One -Stop Development Shop Final Service Delivery Model Options 277-285 12.3.2 One -Stop Service Delivery Model 286-339 12.3.3 Stakeholder Feedback Report 340-367 12.4 Procedural By -Law Amendment - Cancelling Meetings of Council 368-369 12.5 Compliance with all Section 39 Conditions Leinster Court Apartments: 55 370-374 Leinster Street (Tabled on January 19, 2015) 1 3 12.6 MMA Combat Sports 375-376 13. Committee Reports 13.1 Community Grants Funding Recipients 377-383 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Community Food Basket - Request for Parking 384-388 15.2 Saint John Community Loan Fund - Social Enterprise Hub Project 389-399 16. Supplemental Agenda 16.1 Guide Scout Week - Feb 22 -28, 2015 400-400 16.2 Safe, Clean Drinking Water Project - Advisory Services 401 -407 16.3 Safe, Clean Drinking Water Project - Site Access Agreement 408-423 16.4 Vibrant Communities - Continued Funding Request 424-425 17. Committee of the Whole 17.1 Jupia Consultants Inc. - Strategic Review of Economic Development Agencies 426-428 in Saint John 17.2 Pilot Project - Unapproved and Non - Compliant Parking Lots in Uptown and 429-429 South East Peninsula Area 17.3 Elliott Row (Portion of) Consideration to Stop -Up and Close and to Initiate 430-430 Rezoning Application 18. Adjournment 3 City of Saint John Common Council Meeting Monday, February 16, 2015 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Legal Matter 10.2(4)(f) 1.3 Financial Matter 10.2(4)(c) 1.4 Land Matter 10.2(4)(d) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Financial Matter 10.2(4)(c) 1.8 Financial Matter 10.2(4)(c) 1.9 Financial Matter 10.2(4)(c) 1.10 Personal Matter 10.2(4)(b) 1.11 Land Matter 10.2(4)(d) 1.12 Land Matter 10.2(4)(d) 1.13 Financial Matter 10.2(4)(c) 1.14 Land Matter 10.2(4)(d) The City of Saint John Seance du conseil communal Le lundi 16 fevrier 2015 Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une reunion du Conseil communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire ('objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique : 17 h 30 — Salle de conference, 8e etage, hotel de ville 1 Approbation du proces- verbal — paragraphe 10.2(4) 2 Question juridique — alinea 10.2(4)0 3 Question financiere — alinea 10.2(4)c) 4 Question relative aux biens -fonds — alinea 10.2(4)d) 5 Question financiere — alinea 10.2(4)c) 6 Question financiere — alinea 10.2(4)c) 7 Question financiere — alinea 10.2(4)c) 8 Question financibre — alinea 10.2(4)c) 9 Question financibre — alinea 10.2(4)c) 10 Question relative au personnel — alinea 10.2(4)b) 11 Question relative aux biens -fonds — alinea 10.2(4)d) 12 Question relative aux biens -fonds — alinea 10.2(4)d) 13 Question financiere — alinea 10.2(4)c) 14 Question relative aux biens -fonds — alinea 10.2(4)d) Seance ordinaire 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces- verbal 2.1 Procbs- verbal du 2 fevrier 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Approbation du conseil 5.1 Parc commemoratif Riverview (recommandation : accepter a titre informatif) 5.2 Equipes municipales et deneigement (recommandation : accepter a titre informatif) 5.3 Contrat 2014 -21 : Cottage Hill et Lakewood Heights — Ameliorations de la qualite du reservoir d'eau (recommandation figurant au rapport) 5.4 Fourniture d'entreposage compensatoire, section locale 900 du syndicat des travailleurs, 895, chemin Ashburn (recommandation figurant au rapport) 5.5 Entente de renouvellement — Prestation de programmes et services de loisirs au centre communautaire South End (recommandation figurant au rapport) 5.6 Ententes de renouvellement — Prestation de programmes et services de loisirs au centre communautaire Millidgeville et au centre communautaire Forest Glen (recommandation figurant au rapport) 5.7 Acquisition d'une servitude pour la collecte et le drainage des eaux de surface et des eaux de pluie ainsi que d'une servitude pour services municipaux visant le Westgate Park (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Proclamation — Semaine de lecture en toute liberte 8. Delegations et presentations 8.1 Prix du patrimoine 8.2 Commission de services regionaux de Fundy: Demande visant la conception d'un modele de prestation unique du service de police (presentation) 8.2.1 Rapport de la Commission de services regionaux de Fundy sur le modele de prestation unique du service de police 9. Audiences publiques a 18 h 30 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de I'Arrete de zonage visant le 27, rue Cliff 10.2 Troisieme lecture du projet de modification du plan municipal et du rezonage conformement aux conditions imposees par I'article 39 — 2086, voie Ouest Ocean 11. Interventions des membres du Conseil 11.1 Stationnement la nuit (conseillere McAlary) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Renseignements generaux sur I'allegement fiscal pour Canaport LNG 12.2 Ameliorations de la Place Queen — Attribution du contrat 12.3 Presentation sur le Guichet unique pour I'amenagement 12.3.1 Options du modele final de prestation de services du Guichet unique pour I'amenagement 12.3.2 Modele de prestation de services du Guichet unique 12.3.3 Rapport sur les commentaires des intervenants 12.4 Modification de I'arrete procedural — Annulation des reunions du conseil 12.5 Respect des conditions imposees par I'article 39 visant les appartements de Leinster Court situes au 55, rue Leinster (point reporte lors de la seance du 19 janvier 2015) 12.6 Arts martiaux mixtes — Sports de combat 13. Rapports deposes par les comites 13.1 Recipiendaires de subventions communautaires 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 15.1 Saint John Community Food Basket — Demande de stationnement 15.2 Fonds de pret communautaire de Saint John — Projet de carrefour d'entreprises a vocation sociale 16. Ordre du jour suppiementaire 16.1 Semaine du Scoutisme & du Guidisme — Du 22 au 28 fevrier 2015 16.2 Projet Eau potable saine et propre — Services consultatifs 16.3 Projet Eau potable saine et propre — Entente d'acces au site 16.4 Vibrant Communities — Demande de reconduction du financement 17. Comite pienier 17.1 Jupia Consultants Inc. - Examen strategique des organismes de developpement strategique a Saint John 17.2 Projet pilote — Aires de stationnement non approuvees et non conformes dans le secteur du centre -ville et de la peninsule sud -est 17.3 Ruelle Elliot (trongon) — Fermeture et barrage de routes et demande de rezonage 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 2, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development Services; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; K. Mason, Transportation and Environment; Sgt.G. Oram, Sgt -at -Arms; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk Call To Order — Prayer Mayor Norton called the meeting to order and Deputy Mayor Rinehart offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of December 18, 2014 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on December 18, 2014 be approved. Question being taken, the motion was carried. 2.2 Minutes of January 19, 2015 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOVLED that the minutes of the meeting of Common Council, held on January 19, 2015 be approved. Question being taken, the motion was carried. 3. Approval of Agenda The Mayor advised of the addition to the agenda of a Declaration of a Local State Emergency for the benefit of the media to notify the public that a 24/7 on- street parking ban will be in effect starting at noon tomorrow for the Southern Peninsula due to the extreme snowfall conditions. The Peel Plaza Parking Garage will be made available free of charge for residents affected and bus will be provided to transport residents to and from the garage and Southern Peninsula. The official communication will follow. On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Watershed Protection — Forest Management Plan Implementation Phase I; 16.2 National Energy Board (NEB) Intervener Status 17.1 Declaration of a Local State of Emergency Southern Peninsula. Question being taken, the motion was carried. 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 4. Disclosures of Conflict of Interest Councillor Norton declared a conflict with item 11.2; Councillor Fullerton with item 11.3. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2015- 016: Proposed Public Hearing Date - 1480 Red Head Road and 1680 -1690 Red Head Road, Common Council schedule the public hearings for the rezoning applications of Charles Gow (1480 Red Head Road) and Stacey L. Hope (1680 -1690 Red Head Road) for Monday, March 2, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.2 That as recommended by the City Manager in the submitted report M &C 2015- 017: Proposed Municipal Services Easement Saint John Industrial Parks Ltd. Subdivision 60 Whitebone Way (PID 55212153 and portions of 00434191 & 00434175), Common Council assent to the submitted subdivision plan entitled "Saint John Industrial Parks Ltd. Subdivision" located at 60 Whitebone Way (PID 55212153 and portions of 00434191 and 00434175), with respect to the vesting of the proposed municipal services easement. 5.3 That as recommended by the City Manager in the submitted report: Renewal Contract - Human Resources Performance Management Software (Oracle), Common Council renew the City's contract with Oracle for a term of two (2) years with a fixed cost of $11,307.35 plus HST per year (total cost of the agreement will be $22,614.70 +HST); and that Common Council authorize the Mayor and Common Clerk to execute the agreement between the City and Oracle for the Oracle TBE Performance Management Cloud Service software in the submitted form. 5.4 That the letter from Bullying Canada regarding support be declined. 5.5 That the letter from Eric Marks regarding Riverview Memorial Park be received for information. 5.6 That the letter from Paul Saulnier regarding Riverview Memorial Park be received for information. 5.7 That the letter from Raja Wetuschat regarding Riverview Memorial Park be received for information. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments 7. Proclamation 7.1 Heart Month — February 2015 The Mayor proclaimed the month of February, 2015 Heart Month in the City of Saint John. 7.2 White Cane Week — February 1st— 7th, 2015 The Mayor proclaimed the week of February 1St — 7th, 2015 White Cane Week in the City of Saint John. 7.3 Heritage Week — February 9th — 16th, 2015 The Mayor proclaimed the week of February 9th — 16th, 2015 Heritage Week and the day of February 16th Heritage Day in the City of Saint John. 8. Delegations /Presentations 3 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 9. Public Hearings 9.1 Staff Presentation - Proposed Rezoning 27 Cliff Street 9.1.1 Planning Advisory Committee report recommending rezoning 27 Cliff Street 9.1.2 Proposed Zoning ByLaw Amendment 27 Cliff Street (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC), with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its January 20, 2015 meeting at which the Committee recommended the rezoning of a parcel of land located at 27 Cliff Street as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Peter MacKenzie, Comeau MacKenzie Architecture for the St Vincent's Housing Project Heritage Restoration Area, and Geoff Flood, Chair of the Catherdral Waterloo Village Revitalization Project, expressing support of the staff and PAC recommendation in favour of the amendment. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Farrren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Staff Presentation - Proposed Municipal Plan Amendment and Rezoning 2086 Ocean Westway 9.2.1 Planning Advisory Committee report recommending MPA and Rezoning Amendments 9.2.2 Proposed MPA and Rezoning Amendments 2086 Ocean Westway (1 "and 2nd Reading) 11 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Rezoning amendments of a parcel of land located at 2086 Ocean Westway having an area of approximately 1.4 hectares, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification, and by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification and by rezoning a parcel of land located at 2086 Ocean Westway having an area of approximately 3 hectares, also identified as PID numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC) to recognize an existing commercial development and an existing dwelling unit, and to permit future development of the parcel of land for other commercial uses, with no letters of support or objection being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its January 20, 2015 meeting at which the Committee recommended approval as set out in the staff recommendation, to amend the municipal plan and rezone a parcel of land located at 2086 Ocean Westway as described above with Section 39 conditions. The Mayor called for members of the public to speak against the rezoning with no one presenting. The Mayor called for members of the public to speak in favour of the rezoning with Mr. Al Williams of Ocean Westway expressing agreement with the staff and PAC recommendation. On motion of Councillor Merrithew Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification and amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID 5 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC) and amending Schedule E, Exceptions, by adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC) and amending Schedule E, Exceptions, by adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Request Update on Making Saint John a Homeport (Mayor Norton) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the City Manager request an update from Port Saint John and Discover Saint John on the status of the Homeport initiative including the installation of a Floating Dock and the anticipated call date for Blount Cruise Lines. Question being taken, the motion was carried. (Councillor Norton withdrew from the meeting) 11.2 Neighbourhoods (Councillor Farren) Councillor Farren moved a motion for Council to send written correspondence to the Provincial Government on the importance of schools in neighbourhoods. The motion did not receiving a seconder. (Councillor Norton re- entered from the meeting) (Councillor Fullerton withdrew from the meeting) 11.3 2005 Tax Concession Placed on Properties Owned by Irving Oil Limited (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that Council have a discussion on the issue of the 2005 Tax concession placed on properties owned by Irving Oil Limited on the east side in connection with the Canaport LNG /Repsol operations; and further that all documentation available on the matter in the possession of the City, including the City Manager's Office and the City Solicitor's Office, be provided. Question being taken, the motion was carried (Councillor Fullerton re- entered the meeting) X 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 11.4 Governance Workshop (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor Strowbridge RESOLVED that the City Manager be directed to discuss with Mr. Daryl Wilson his engagement potential and associated financial costs to deliver a governance workshop focused on the roles and responsibilities of appointees to ABCs as well as the relationship between Council and those individuals and entities and report back to Council. Question being taken, the motion was carried with Councillors Norton and Farren voting nay. 12. Business Matters - Municipal Officers 12.1 Borrowing Resolutions On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -007: Borrowing Resolutions, that for general operating purposes: 1. The Commissioner of Finance is hereby authorized to borrow, on behalf of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time six million dollars ($6,000,000) to meet current expenditures of the Corporation; 2. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3. That the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid; and 4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source; 5. That for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $25,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit; and 6. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine; and 7. That any two of the Commissioner of Finance, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. 7 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 Question being taken, the motion was carried. 12.2 Capital Financing On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -018: Capital Financing, His Worship the Mayor gave the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: Purpose of Issue GENERALFUND Protective Services $ 300,000 Transportation Services $ 4,000,000 Economic Development $ 1,000,000 Parks and Recreation $ 2,200,000 7,500,000 WATER & SEWERAGE UTILITY Water System $ 3,000,000 Wastewater System $ 500,000 3,500,000 TOTAL $ 11,000,000 THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 11,000,000. Question being taken, the motion was carried. 13. Committee Reports 13.1 Heritage Development Board - 2014 Heritage Awards Invitation On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the 2014 Heritage Awards Invitation be accepted and scheduled for the Common Council Meeting on Monday, February 16, 2015. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda n. 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 15. General Correspondence 15.1 Freedom of the City of Saint John - Royal New Brunswick Regiment On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council grant the Royal New Brunswick Regiment permission to exercise their Freedom of the City of Saint John. Question being taken, the motion was carried. 15.2 YWCA Women of Distinction Gala — Sponsorship On motion of Councillor Lowe Seconded by Deputy Mayor Rinehart RESOLVED that Council approve the sponsorship request from YWCA Women of Distinction Gala. Question being taken, the motion was carried. 15.3 City Crews Working at Night On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Laurelle LeVert concerning City Crews working at night be received for information Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Watershed Protection - Forest Management Plan Implementation Phase I On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -013: Watershed Protection - Forest Management Plan Implementation Phase 1, Common Council authorize staff to enter into a formal agreement with JD Irving Ltd. for a one (1) year pilot project to evaluate their operations as per their proposal outlined in the report and that the Mayor and Common Clerk be authorized to execute the agreement. A copy of a typical agreement has been submitted with the report. After the one year agreement Saint John Water staff will evaluate the outcomes and make recommendations. Question being taken, the motion was carried. 16.2 Recommendation to Seek Formal Intervener Status in the Forthcoming National Energy Board (NEB) Energy East Project Hearing On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that as recommended by the City Manager in the submitted report Recommendation to Seek Formal Intervener Status in the Forthcoming National Energy Board (NEB) Energy East Project Hearing, the City Manager be directed to apply for formal Intervener status for the City of Saint John in the forthcoming National Energy Board (NEB) Energy East project hearing and further, that the City Manager be directed to return to Council with regular NEB hearing updates, including advance notification of planned City of Saint John regulatory filings. Question being taken, the motion was carried. 9 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 17. Committee of the Whole 17.1 Declaration of the Local State Emergency Southern Peninsula The Fire Chief / Director Saint John Emergency Measures Organization advised on the necessity for declaring a local state of emergency for the Southern Peninsula due to the extreme snowfall to enable the necessary snow plowing and snow removal to move safely and have accessibility for fire and police apparatus. A 24 / 7 snow ban for 7 days in the designated area is required to adequately address the snowfall accumulation and forthcoming snowstorms. Parking can be made available to the affected residents at Peel Plaza and other designated City parking lots. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that a State of Local Emergency is hereby declared with respect to the following area of the City of Saint John, referred to as the Southern Peninsula and more particularly described as follows: beginning at the intersection of the northern sideline of Union Street with the western sideline of St. Patrick Street thence proceeding southwardly to the intersection of St. Patrick Street and Water Street, thence in a southwardly direction along the western sideline of Water Street to its intersection with Broad Street, thence in a eastwardly direction along the southern sideline of Broad Street to its intersection with Crown Street, thence in a north - eastwardly direction along the eastern sideline of Crown Street to its intersection with Union Street, thence westward along the northern sideline of Union Street to the place of beginning, together with all public streets located south of Broad Street. The nature of the emergency is the unusual amount of snow lying on the public rights of way within the area in question and the additional significant snowfall now occurring and anticipated to occur later this week with the resulting impairment of the City's ability to deal with the plowing and removal of such snow which significantly compromises the timely delivery of emergency services to persons and property in the aforesaid area." WHEREAS in order to maintain public safety and enable access for emergency vehicles, the City of Saint John has at its Common Council meeting of February 2, 2015 declared a State of Local Emergency in the Southern Peninsula as the result of current heavy snow accumulation and anticipated further accumulation in the next several days together with the need to have accessibility for public safety, all pursuant to the Emergency Measures Act SNB 2011 c.147; and WHEREAS the Southern Peninsula includes all areas identified in the aforesaid Declaration adopted by Common Council earlier this date February 2, 2015; and WHEREAS the purpose of the declaration is to support more effective snowplowing, push back and removal; therefore it is hereby resolved that a 24/7 on- street parking ban is hereby imposed in the Southern Peninsula. This means that no vehicle may be parked on City streets within that area. Any vehicle parked on such streets will be towed at the owner's expense commencing at noon on February 3, 2015 subject to the following provision: as streets within the Southern Peninsula are cleared of snow so as to permit parking thereon in the assessment of the Deputy Commissioner of Transportation and Environment for the City that assessment will be communicated to the public and parking on such streets will be permitted in accordance with applicable bylaws; and FURTHER BE IT RESOLVED that the City Manager is hereby directed to communicate to the public the aforesaid declaration of the State of Local Emergency and the associated parking ban together with alternative parking arrangements, by the following means: news release, paid advertising, City website, Twitter, Facebook ads, Facebook, Sentinel, email notification, media briefing and any other means he believes to be efficacious. Information regarding available off - street parking will be provided in a news release to follow. Question being taken, the motion was carried. 18. Adjournment 10 98- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 2, 2015/LE 2 FEVRIER 2015 On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that the Common Council Meeting of February 2, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:00 p.m. Mayor / maire Common Clerk / greffier communal 11 37, BLAKENEY HENNEBERRY MURPHY & GALLIGAN BARRISTERS & SOLICITORS William J. Blakeney, B.A. (lions.), J.D., LL.M Direct Line: (416) 408 -4225 * Member of the Bars of Ontario, Nova Scotia & New Brunswick E -mail: blakeneyAbhmg.ca January 28, 2015 VIA E -MAIL Mayor Mel K. Norton City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L Dear Mayor Norton: We are writing as the owners of 280 Douglas Avenue, one of the historic Georgian Revival era homes located almost directly across from the old Saint John Museum. We are adjacent to the Riverview Memorial Park, which is one of the last remaining historic points of interest in the North End, and virtually the only green space for miles. As a child in the 1960's and early 70's, 1 spent every moment that I was allowed at the original New Brunswick Museum. I was one of the many youngsters from the North End who was also allowed access to the collections under the supervision of the Museum staff, who gave generously of their time tutoring young people with an interest in earth science, biology or taxidermy. There is nothing that would make us happier than to see the Museum return to its original home and parts of the original collection put back out on display. We are committed to being Benefactor level donors. The Museum would ordinarily have our complete support for its restoration, including any financial drives that it might need to put on. We were dismayed, however, to learn that the proposed development potentially involves serious encroachment into the historic Riverview Memorial Park. Since 1902, the Park has been an integral feature of Douglas Avenue- 8 KING STREET EAST, SUITE 1500 - TORONTO, ONTARIO M5C 1B5 - PHONE: 416- 408 -4400 • FAX: 416- 408 -4900 • www.bhmg.ca PRACTISING IN ASSOCIATION 12 -2- The land for the Park was donated and the War Monument built by ordinary people to honour the brave young men who went off to fight for King and Country in a faraway land. With the passage of tune, each war that Canadian veterans served in becomes less relevant to an uncaring generation. Obviously, the South Africa conflict and World War I have now hit that sad point in our public perception. No doubt a future generation will regard the sacrifice of Canadians in Bosnia and Afghanistan the same way. Ironically, the New Brunswick Museum has a great website devoted to the unique history of the Park and the War Memorial called "Mark Our Place: The South African War ". In addition to the iconic photos of the Park by Isaac Erb, it is one of the internationally recognized landmarks of Saint John, immortalized in countless illustrations since the turn of the last Century. Every year, thousands of tourists visit the Park from local hotels and cruise ships. It is one of the few remaining "post card" views of the City that remains after decades of urban renewal. Hundreds of couples have their wedding photos taken by the monument each year. It is a prominent feature in every coffee table book of photographs of Saint John. The thought that the Park might be bulldozed and the historic Boer War Memorial "relocated" to a comer of the lot is particularly shocking. The artist's renderings of the warehouse which have been guarded from public release do not inspire optimism. The satirical photographs recently posted on the Internet showing its similarity to a Costco warehouse arc not a joke. If the opposition to this audacious proposal is just beginning, it is because we all understood that the Memorial Park was protected forever by law. It was recognized in 1991 by the Federal, Provincial and Municipal Governments in the Registry of Canada's Historic Places. We also understood that the Park was protected by both the Municipal Heritage Preservation Act, s.5(1) and the Saint John Heritage Conservation By -laws. We would invite you to visit bttp://www.historiolaces.ca laces.ca for more information about the Registration of the Park and the War Monument. We have written to exhort the Museum to consider other options in the immediate area that do not involve destroying an essential part of the local history. This includes obvious areas like Bentley Street, which already accommodates warehouse space. In our initial discussions, the Museum had advised that it was soliciting public response to all proposals and not announcing the destruction of the Park as a fait accompli. The public consultation now appears to be a public "announcement of impending action ", with the surveying teams already staking out the Park for demolition. We would respectfully request that the Mayor and Council give serious consideration to the implications of destroying one of New Brunswick's most important Historic Places. When the Park is gone, the New Brunswick Museum will live in infamy as the institution that destroyed the home of one of the Province's most significant War Memorials. 13 _- 14 Dear Mayor Norton and Members of Common Council: Just wanted to give a big shout out to City snow crews out and about and doing such a super job. In my opinion, "some" citizens do not realize what it takes to keep this beautiful City of ours maintained. From snow removal to garbage collection, our crews are the best. I am very proud to have been born, raised and worked for the City of Saint John. Keep up the good work. Respectfully, Sherry Cunningham Rivershore Drive Saint John, NB 15 REPORT TO COMMON COUNCIL M & C 2015 -022 February 4, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: rlrqt Ali: The City of Saint john CONTRACT 2014 -21: COTTAGE HILL AND LAKEWOOD HEIGHTS - WATER RESERVOIR QUALITY IMPROVEMENTS BACKGROUND The approved 2014 Water & Sewerage Utility Fund Capital Program includes funding for the construction of the Cottage Hill and Lakewood Heights- Water Reservoir Quality Improvements project. The work generally involves the supply and installation of an active mixing system inside the Cottage Hill and Lakewood Heights water reservoirs. TENDER RESULTS Tenders closed on January 28, 2015 with the following results, including HST: 1) Fairville Construction Ltd., Saint John $124,243.50 The Engineer's estimate for the work was $120,000.00, including HST. ANALYSIS The tender was reviewed by staff and was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and ability to perform the work. It is anticipated that this work will commence in the spring of 2015 and be completed by July 31, 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2014 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the tenderer, an analysis has 16 M & C 2015 -022 February 4, 2015 Page 2 been completed which includes the estimated amount of work that will be performed by the Contractor, City forces and others. The analysis is as follows: Budget $200,000 Project Net Cost $150,000 Variance (surplus) $ 50,000 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2014 -21: Cottage Hill and Lakewood Heights- Water Reservoir Quality Improvements, be awarded to the tenderer, Fairville Construction Ltd., at the tendered price of $124,243.50 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Pierre LeBlanc, P. Eng. Municipal Engineer Wm. Edwards, P. ng. Commissioner Transportation and Environment 17 8 Cr Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2015 -020 February 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Provision of Compensatory Storage, Labourer's Union Local 900, 895 Ashburn Road BACKGROUND: The Saint John Flood Risk Areas By -law applies to several flood risk locations in the City - Lower Marsh Creek, Glen Falls, Mystery Lake and Kelly Lake. The by -law prohibits development that will obstruct or interfere with the normal floodways and development that will reduce the flood water storage capacity in these areas. The City of Saint John undertook construction projects along Golden Grove Road which resulted in the creation of approximately 85,000 cubic metres of new flood water compensatory storage in the Glen Falls Flood Risk Area. In early 1999, Common Council adopted guidelines respecting the sale of this compensatory storage. This is to allow developments in the Flood Risk Area to proceed on land parcels incapable of providing compensatory storage. Subsequent to adopting the guidelines, Council has authorized the sale of compensatory storage totaling 81,610 cubic metres. The vast majority of this volume has been provided for the development of First Professionals on Westmorland Road (see attached). The sale of this compensatory storage has facilitated development in the Westmorland Road area valued at over $30 million. The retention ponds, which accommodate approximately 85,000 cubic metres of floodwater, accomplish three important objectives: • Provide flooding relief to the residents of Glen Fall; • Allow continued development within the flood risk area; and • Provide compensatory flood storage for residents in the Glen Falls area who may wish to improve their property or expand their building. M & C 2015 -020 - 2 - February 10, 2015 ANALYSIS In developing suggested guidelines for Council, staff acknowledged a fundamental principal. Although development within the flood risk area has economic benefits for the entire City, such development should not proceed if the potential exists for a negative impact on the flooding situation in the Glen Falls area. With this underlying principal, Council adopted the following guidelines: ➢ The applicant must demonstrate to the Building Inspector that it is not practical to provide any or all of the compensatory storage on the property being developed. ➢ The developer (or any affiliated company) does not own other property within or adjacent to the flood risk area upon which the necessary compensatory flood storage could reasonably be provided. ➢ Compensatory storage must be provided within the same designated flood risk area of the displaced storage. ➢ Sale of compensatory storage must be approved by Council. ➢ Costs per cubic unit to the developer will vary, dependent on the specifics of each application. ➢ Monies received by the City in the sale of compensatory storage will be used solely for Marsh Creek flood reduction programs. ➢ The City will at no time be in a deficit position resulting from the sale of compensatory storage with respect to flood storage capacity. ➢ The City will not pre -sell any storage capacity in anticipation of a development. ➢ The City is at no time obligated to sell compensatory storage to any developer. To date the City has not deviated from these guidelines. The City has recently received a request for the purchase of compensatory storage. Labourer's Union Local 900 has requested 95 cubic metres of compensatory storage in order that they may raise the elevation of the driveway, parking lot and front entrance walkway by approximately 20 centimetres, as this area floods frequently and inhibits entrance into the building. Presently the City has available 3,388 cubic metres of remaining compensatory storage which can be made available to developers within the flood risk area. If the request is approved by Council, the City will be left with 3,293 cubic metres available. As Council will note from the adopted guidelines, the cost per cubic unit to a developer will vary depending on the specifics of each application. As can be seen 19 M & C 2015 -020 -3 - February 10, 2015 on the attachment, the initial price for compensatory storage was $4.60 per cubic metre, then $5.41 per cubic metre. These prices were based on the actual cost to the City for the construction of the retention ponds. A second phase of the retention pond was smaller in scope than the initial phase, and consequently, carried a much higher cost per unit. The Engineering Department has calculated that the best figure for unit cost is $10.75. The developer has been advised and has agreed to this price subject to Council approval. As shown on the attachment, the City still has 3,388 cubic metres of storage available in its retention ponds. The sale of these needed 95 cubic metres can be supported. If approved by Council, the sale will result in revenues of $1,021.25. RECOMMENDATIONS Your City Manager recommends that Common Council approve the sale of compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 95 cubic metres, at 895 Ashburn Road, to Labourer's Union Local 900. Respectfully submitted, Pamela Bentley, P. Eng. Deputy Building Inspector Growth and Community Development Services Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services Patrick Woods, CGA City Manager Attachments 20 City of Saint John Flood Risk Area Development / Compensatory Storage Date Permit # Name Address (for fill) Fee Storage Created m' Storage Purchased M' Cost Comments April 15, 1999 BP- 0210 -99 First Professionals 450 Westmorland Road 4.00 + HST 33,500 $ 154,100.00 Phase I (Walmart) May 11, 1999 FRP -1 -99 Wayne Burke 106 Glen Road $ 4.00 50 $ 200.00 May 18, 1999 FRP -2 -99 Margaret Cook 3 Todd Street $ 4.00 25 $ 100.00 May 21, 1999 DEV -1 -99 Galbraith Construction 56 Glenview Avenue 64,308 $ 100.00 1999 Capital Project Dec. 21, 1999 BP- 1242 -99 Meridian Construction 450 Westmorland Road $ 5.41 7,880 $ 42,630.00 Phase II (Future Shop) $ 197,130.00 TOTAL for 1999 April 12, 2000 BP- 0230 -00 Kent's Building Supplies 450 Westmorland Road $ 5.41 6,520 $ 35,273.00 Phase III June 2, 2000 FRP -1 -2000 Eldon Whittaker 11 Todd Street $ 5.41 20 $ 108.20 Jun.12, 2000 FRP -2 -2000 Orville Blanchard 51 Golden Grove Road N/C 10 $ - Jun. 20, 2000 FRP -3 -2000 First Professionals 450 Westmorland Road $ 5.41 3,700 $ 20,017.00 Parcel B April 27, 2000 FRP -4 -2000 First Professionals 450 Westmorland Road $ 5.41 5,400 $ 29,214.00 Parcel F April 27, 2000 FRP -5 -2000 First Professionals 450 Westmorland Road $ 5.41 1,600 $ 8,650.00 Mark Drive Extension Jun. 26, 2000 FRP -6 -2000 Daryl McLennan 9 Simpson Drive $ 5.41 40 $ 216.40 Dec.S, 2000 FRP 00 -1197 Andrew Breau 16 Marlborough Avenue $ 5.41 40 $ 216.40 $ 93,695.00 TOTAL for 2000 Jan.19,2001 FRP 01 -0049 Halifax Seed 658 Rothesay Avenue $ 5.41 2.8 $ 15.15 Jun. 6, 2001 E -mail from L. D'Souza Phase II Retention Pond 20.690 2000 Capital Project $ 15.15 TOTAL for 2001 Jan. 11,2002 BP -01 -1095 First Professionals 86 Consumers Drive $ 10.75 7,000 $ 75,250.00 Swiss Chalet March 2002 First Professionals CANCELLED $ 10.75 $ - Parcel H, Building H2 CANCELLED Jun.28, 2002 BP02 -0558 PCB Holdings Ltd. 1 Golden Grove Road $ 10.75 271 $ 2,913.25 3 Mile Tavern Oct. 29, 2002 BP02 -1007 602495 NB Inc. 347 Rothesay Avenue $ 10.75 1,280 $ 13,760.00 Saint John Mitsubishi $ 91,923.25 TOTAL for 2002 April 8, 2003 FRA03 -1249 First Professionals 450 Westmorland Road $ 10.75 7,000 $ 75,250.00 Parcel H, Building H2 April 25, 2003 BP03 -0215 Comstock Canada Ltd. 30 Tim Street $ 10.75 27.7 $ 342.45 Site improvements for Murphy Storage. Comp storage provided July 31, 2003 FRA03 -0712 Debly Enterprises 350 Ashburn Road 0.0 $ 100.00 on property. $ 75,692.45 TOTAL for 2003 Site ggrading for Maple Leaf Nissan. Comp storage provided on May 10, 2004 FRA04 -0472 053057 NB Ltd 633 Rothesay Avenue $ 10.75 0 $ 100.00 property. $ 100.00 TOTAL for 2004 Feb. 3, 2005 BP04 -1051 Plaza Atlantic Limited 120 McAllister Drive $ 10.75 2,120 $ 22,790.00 Boston Pizza Apr. 5, 2005 BP05 -0393 Plaza Atlantic Limited 80 McAllister Drive $ 10.75 1,160 $ 12,470.00 MBD Plaza - Phase 2 Aug.24,2005 FRA05 -1125 Muslim Assoc of NB 1100 Rothesay Rd $ 10.75 46 $ 494.50 Expand parking lot at mosque. $ 35,754.50 TOTAL for 2005 July 4,2006 BP06 -0297 A & C Fairweather 895 Ashburn Rd $ 10.75 563 $ 6,052.25 Sep. 22, 2006 BP06 -1303 Roger Benoit 145 Todd St $ 10.75 15 $ 161.25 $ 6,213.50 Jan. 25,2007 BP06 -1803 Milestone Construction 643 Rothesay Avenue $ 10.75 1,476 $ 15,867.00 KIA Saint John May.7, 2007 BP07 -0518 Saulnier Management 55 Majors Brook Dr $ 10.75 713 $ 7,664.75 $ 23,531.75 Dec.8, 2008 BP08 -1424 George Freeze Plumbin< 587 Rothesay Avenue $ 10.75 350 $ 3,762.50 Dec.8, 2008 BP07 -1777 Hamid Esmailion 637 Rothesay Avenue $ 10.75 530 $ 5,697.50 Dec. 16,2008 FRA08 -2371 Ed Savoy 597 Rothesay Avenue $ 10.75 33 $ 354.75 Updated: 10/02/2015 2 $ 9,814.75 Acc # 210 0000 235 0400 April 5, 2012 May 2, 2012 BP12 -0300 BP11 -1484 Don Stein 28 Simpson Drive Laborer's Local 900 Traii 895 Ashburn Road $ $ 10.75 10.75 23 45 $ 247.25 $ 483.75 $ 731.00 July 2, 2013 BP13 -0627 Michael Defazio 4 Broadway Avenue $ 10.75 124 $ 1,333.00 June 4, 2014 BP14 -0512 Jim Cassidy 82 Glen Road $ 10.75 16 $ 172.00 Sep. 19, 2014 FRA14 -1003 Wayne Grass 81 Simpson Drive $ 10.75 14 $ 150.50 Nov. 3, 2014 FRA14 -1125 LTS Investments 727 Rothesay Avenue $ 10.75 16 $ 169.31 Totals 84,998.0 1 81,610.3 Remaining storage 3,387.8 See e-mail May 17/00 from E.Giffin, Material removed from flood plain during excavation of ditch. 1,290 To be held for use by the Saint John Exhibition Association, as per easement Mav 17/00 aareement. Updated: 10/02/2015 22 Acct # 210 0000 235 0400 REPORT TO COMMON COUNCIL M &C 2015 - 024 February 16, 2015 His Worship Mayor Norton And Members of Common Council: Your Worship and Councillors: The City of Saint John SUBJECT: Renewal Agreement — Provision of Recreation Programs and Services at the South End Community Centre BACKGROUND: The City of Saint John has an agreement in place with the Boys and Girls Club of Saint John to operate, manage and provide recreational, child care and community use programs at the South End Community Centre. Inclusive within the said agreement is the City of Saint John support of the Boys and Girls Club through an unconditional grant (Appendix A). The Boys and Girls Club operation of this Community Centre has been very successful and widely accepted by the community, and at the same time quality services continue to be provided at a significantly reduced cost to the City. The South End Community Centre (SECC) is located in the King Edward -St. John the Baptist School which is owned by the Province of New Brunswick, Anglophone South School District. The Boys and Girls Club has expressed their interest and desire in continuing to provide services at this community centre and have made request to exercise the two (2) year renewal clause of the said agreement (Appendix B). ANALYSIS The current agreement with the Boys and Girls Club provides for a two (2) year renewal option at the SECC and operations of the Club through the unconditional grant. The current agreement will expire sixty (60) calendar days after December 31, 2014, unless renewed by Common Council prior to March 1, 2015 for an additional two (2) years. In the event Common Council renews this agreement for the contract years 2015 and 2016, the renewal agreement shall fully end and expire on December 31, 2016. In the event that this agreement is renewed by Common Council for the Contract Years of 2015 and 2016, the Parties agree that the Agreement shall continue in full force and effect on the same terms and conditions, with the exception of removing the two (2) year renewal clause. 23 Report to Common Council M &C 2015- 024 Page 2 of 3 The Recreation and Program Service levels that the Boys & Girls Club shall continue to provide at the South End Community Centre include: Community Centre Hours Description: of Operation (52 week The normal hours of operations of the Centre for Programs shall be as period) follows: a) Fall / Winter / Spring Operations: - Monday to Friday, from 1:00 pm until 9:00pm - Saturday, from 9:00am until 3:00pm (based on community interest) b) Summer Operations - Monday to Friday, from 7:30am until 5:30pm General Description The hours of operations in a) and b) above may be extended based on room and facility rentals, partner supported programming and special events. a) The Boys and Girls Club shall provide Programs which are recreational, cultural, health related and educational in nature. b) The Boys and Girls Club shall provide programs at SECC for all ages, to be grouped as follows: o 4 -12 years o 13 -17 years o 18 -21 years o Adults o Seniors Free Programs (core Description: programs) a) The Boys and Girls Club shall offer afterschool programs. b) The Boys and Girls Club shall provide a summer playground program for a minimum of 8 weeks during the summer months (June — August). c) The Boys and Girls Club shall offer night programs and weekend programs for youth aged 5 to 17 years of age during the school year (fall /winter /spring season: 32 weeks). The Recreation and Parks Strategic Plan "PLAYSJ" adopted by Common Council supports moving from the model of direct programming to one of partnership and facilitation with other program providers as an alternative service delivery model in the provision of recreation services. City staff is supportive of the renewal of the said agreement and will continue to work closely with the Boys and Girls Club in program / service development to meet the needs of the Lower South End community. 24 Report to Common Council M &C 2015- 024 FINANCIAL IMPLICATIONS The financial implications for the renewal period of this agreement are: 2015: $127,991 2016: $129,911 Common Council has approved the 2015 budget required for the renewal of this agreement. RECOMMENDATIONS Staff recommends: Page 3 of 3 a) That the City renew the agreement with the Boys and Girls Club for an additional two (2) years with the terms and conditions of the current service agreement remaining as is, saving and excepting the renewal provisions; b) That the Mayor and Common Clerk be authorized to execute the renewal agreement. Respectfully submitted, Kevin Watson, B.P.E. Manager, Neighbourhood Improvement & Recreation Programming Services Patrick Woods, CGA City Manager Attached: 25 Jacqueline Hamilton, MURP MCIP RPP Commissioner, Growth & Community Development Services THIS SERVICE AGREEMENT (the "Agreement ") made in triplicate this day of July, 2013 (the "Execution Date "). BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THE FIRST PART -and- THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., a corporation incorporated under the laws of the Province of New Brunswick, having its registered office in Saint John, and Province of New Brunswick, hereinafter called the "BOYS AND GIRLS CLUB" OF THE SECOND PART WHEREAS Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Education and Early Childhood Development (the "Minister "), is the owner of the King Edward School located at 210 Wentworth Street, Saint John, New Brunswick; AND WHEREAS the South End Community Centre forms part of the King Edward School located at 210 Wentworth Street, Saint John, New Brunswick; AND WHEREAS the Boys and Girls Club has entered into an agreement with the Anglophone South School District to occupy the South End Community Centre for the purposes of providing childcare services and recreational programs to the Saint John community, identified as such in Schedule 1; AND WHEREAS the Superintendent of the Anglophone South School District, Zoe Watson, provided a letter dated April 3rd, 2013 to the City which supports the decision to assign the operational rights for the South End Community Centre to the Boys and Girls Club, identified as such in Schedule 2; 26 Page 1 -2- AND WHEREAS the Boys and Girls Club submitted to the City a Proposal dated February 281h, 2013 for the provision of the Services at the South End Community Centre which proposal the City has accepted; AND WHEREAS the City desires to enter into this Agreement with the Boys and Girls Club in order to operate the South End Community Centre to provide child care services and recreational programs to the Saint John community for a period of two (2) years with the option to renew this Agreement for an additional two (2) years; AND WHEREAS Common Council on , 2013 resolved that: (a) [• Enter Resolution] NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows: ARTICLE 1 INTERPRETATION AND GENERAL PROVISIONS 1.1 Defined Terms When used in this Agreement, the following words or expressions have the following meanings: a) "Agreement" means this Agreement and all accompanying Schedules; b) "Anglophone South School District" means the Anglophone school district for the southern portion of New Brunswick, located at 490 Woodward Avenue, Saint John, New Brunswick, E2K SN3; C) "Annual Service Payments" means the annual service payments which the City is required to pay the Boys and Girls Club in accordance with section 6.2; and "Annual Service Payment" has a corresponding meaning; d) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by -laws, rules, regulations, official plans, permits, licences, authorisations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be applicable to either this Agreement or the terms and conditions or any part of them set out in this Agreement; e) "Approved" or "Approval" or "Approve" or "Approvals" and similar expressions means approval or consent in accordance with the procedures set out in section 1.11 unless otherwise provided herein; 27 Page 1 -3- f) "Boys and Girls Club Address" means 1 Paul Harris Street, P. 0. Box 2441, Saint John, New Brunswick, E21, 3V9, Telephone: 506.634.2001, Fax: 506.648.0804; g) "Boys and Girls Club Representative" means the person designated by the Boys and Girls Club; h) "Business Day" means a day other than a Saturday, Sunday or statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City; and "Business Days" shall have a corresponding meaning; i) "Centre" means the South End Community Centre located at 210 Wentworth Street, Saint John, New Brunswick, and forms part of Parcel Identifier: 00002550; j) "Change in Law" means the coming into effect or repeal (without re- enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Agreement; k) "Change Request" means a written request prepared by either Party: i) To revise, alter or modify the Services; ii) To add new work, services or materials in addition to that provided for in this Agreement; or iii) To dispense with, delete, reduce or change the requirements and /or scope or extent of all or any portion of the Services; provided, however, that no Change Request shall be implemented unless and until it has been Approved by the City and the Boys and Girls Club, each acting reasonably; 1) "City" means The City of Saint John, New Brunswick; m) "City Address" means 15 Market Square, City Hall, Saint John, New Brunswick, E2L 4L1, Telephone: 506.658.2862, Fax: 506.674.4214; n) "City Manager" means the city manager of the City appointed by resolution of Common Council, or his designate; Page -4- o) "City Representative" means the city representative designated by the City Manager or the Commissioner of Growth & Community Development Services or the manager of Neighbourhood Improvement; p) "Claims" means any actual or threatened loss, liability, cost, charge, interest, claim, demand, allegation, action, cause of action, proceeding, suit, assessment, reassessment, proposed assessment or reassessment, damage, demand, expense, levy, tax, duty, judgment, award, fine, charge, deficiency, penalty, court proceeding or hearing cost, amount paid in settlement, Encumbrance, and /or tangible and intangible property right (including all costs and expenses relating to the foregoing, including legal and other professional adviser and expert fees and expenses), and whether arising by contract, at common or statute law, in tort (including negligence and strict liability), in equity, in property or otherwise of any kind or character howsoever, and howsoever arising; and "Claim" means any one of them; q) "Commencement of Services" has the meaning ascribed thereto in section 4.1; r) "Common Clerk" means the common clerk or the assistant common clerk of the City or the designated person appointed by resolution by Common Council; S) "Common Council" means the elected officials of the City; t) "Conflict of Interest" includes, but is not limited to, any situation or circumstance where in relation to the performance of their contractual obligations in this Agreement, the Parties other commitments, relationships or financial interests: i) Could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of a Party's independent judgment; or ii) Could or could be seen to compromise, impair or be incompatible with the effective performance of a Party's contractual obligation; u) "Contract Year" means the period from the Effective Date until the next December 31, then the period from January 1 to December 31 of the following year and each subsequent twelve (12) month period thereafter until the Expiry Date. If the Expiry Date is not on December 31, then the period of the last Contract Year will be reduced accordingly so that the last Contract Year shall end on the Expiry Date; and "Contract Years" shall have a corresponding meaning; v) "Dispute" means any dispute, controversy, Claim, disagreement or failure to agree arising out of, in connection with, or relating to the interpretation, 29 Page I -5- performance or application of the Agreement; and "Disputes" shall have a corresponding meaning; w) "Dispute Resolution" has the meaning ascribed thereto in the Dispute Resolution Procedure; X) "Dispute Resolution Procedure" means those dispute resolution procedures ascribed thereto in Schedule 5; Y) "Effective Date" has the meaning ascribed thereto in subsection 2.1.1; Z) "Employee" means a full -time, part -time, temporary employee and includes a volunteer person hired by the Boys and Girls Club in order to provide the Services at the Centre; and "Employees" shall have a corresponding meaning; aa) "Encumbrance" means any mortgage, lien, pledge, judgment, execution, charge, security interest, restriction, claim or encumbrance of any nature whatsoever, including Claims; bb) "Expiry Date - 2014" and "Expiry Date - 2016" has the meaning ascribed thereto in subsection 2.1.3; cc) "Force Majeure Event" or "Force Majeure" means the occurrence after the Effective Date of any circumstance, occurrence or event beyond the reasonable control of either Party to the extent such cannot be prevented or mitigated by the affected Party, including, without limitation, any of the following: i) Civil war, armed conflict, warlike operation or terrorism, acts of foreign enemies, hostilities, invasion, prisoners riots, rebellion, military or usurped power; ii) Nuclear or radioactive contamination of the Centre; iii) Chemical or biological contamination of the Centre from any event referred to in item (i) of this definition; iv) Epidemics or pandemics in New Brunswick, if such epidemics or pandemics have formally been declared to exist by the World Health Organization or the Chief Medical Officer of Health of the Province, which have a direct effect on the Services, or any other services provided at the Centre; or V) A Change in Law, which directly causes either Party to be unable to comply with or perform all or a material part of its obligations under this Agreement, despite the reasonable efforts of the Party claiming 30 PaIge I -6- Force Majeure to prevent its occurrence or mitigate its effects; provided always that such circumstances, occurrence or event does not arise by reason of: A. the negligence or any misconduct of the Party claiming Force Majeure; B. any act or omission of the Party claiming Force Majeure in breach of the provisions of this Agreement; or C. the lack or insufficiency of funds or failure to make payment of monies or provide required security; dd) "Good Industry Practice" means the exercise by those Persons performing the Services of that degree of skill, diligence, prudence, operating practice and foresight which would reasonably and ordinarily be expected from a Person seeking in good faith to comply with their contractual obligations under the Agreement who is experienced in carrying out services, programs, and works comparable in size, scope and complexity to the services and programs within Canada; ee) "Governmental Authority' means each national, federal, provincial, municipal, local or other government, each governmental, regulatory, administrative, judicial, quasi - judicial or other agency, body, department, corporation, authority, commission, instrumentality, regulatory body, board, panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi - judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self - regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction, in respect of the Parties, the Agreement, the Centre (including the operation thereof, or any part, component or system thereof); and "Governmental Authorities" has a corresponding meaning; ff) "HST /GST" means the harmonized sales tax or the tax imposed under Part IX of the Excise Tax Act or any other federal sales tax, consumption tax, excise tax, value added tax, business transfer tax or other tax that can reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Excise Tax Act properly exigible in respect of the Services to be provided by the Boys and Girls Club to the City pursuant to this Agreement; gg) "Named Insureds" means a Person that is insured by the policy for liabilities that arise out of the operations and activities of that Person or from the 31 Page -7- operations and activities of Persons for whom that named insureds are liable or responsible; hh) "Neighbourhood Improvement" means the neighbourhood improvement support services of the City; ii) "Notice of Change" has the meaning ascribed thereto in subsection 6.6.1; jj) "Party" individually means the City or the Boys and Girls Club; and "Parties" means the City and the Boys and Girls Club, respectively; kk) "Payment Schedule - 2014" has the meaning ascribed thereto in subsection 6.3.2; 11) "Payment Schedule - 2015 & 2016" has the meaning ascribed thereto in subsection 6.3.3; mm) "Person" means any individual, corporation, firm, partnership, joint venture, trust, unincorporated organization, commission, board, Governmental Authority, unincorporated body of persons or association and any other entity having legal capacity, and the heirs, beneficiaries, executors, administrators or other legal representatives of a Person in such capacity; and "Persons" means any one of them; nn) "Principal' means the person who has executive authority of the Saint John the Baptist /King Edward School, includes his /her designate; nn) "Programs" means the administration of any recreational, social or child care programs based on the needs of the general public, including but not limited to, after school programs, breakfast and lunch programs, day -care and summer camps, and senior citizens fitness classes, community seniors club, teen leadership programs, evening community gym activities, dance instruction and special community rentals and includes the Recreation and Program Services Specifications; oo) "Proposal' means the proposal and all accompanying schedules submitted by the Boys and Girls Club dated February 28, 2013, identified as such in Schedule 3; pp) "Recreation and Program Services Specifications has the meaning ascribed thereto in Schedule 4; qq) "Relevant Conviction" means a conviction under the Criminal Code (Canada) for which no pardon has been granted; 32 Page 1 -8- rr) "Services" mean those services as set out in this Agreement and the Proposal and any additional services agreed and Approved by the City and the Boys and Girls Club, but for greater certainty, also include all Programs; ss) "Schedules" means the following schedules attached to and forming an integral part of this Agreement: Schedule 1 - Letter from the Anglophone South School District dated July 4, 2013 to the Boys and Girls Club; Schedule 2 - Letter from Anglophone South School District dated April 3, 2013 to the City; and Schedule 3 - Proposal from the Boys and Girls Club dated February 28, 2013; Schedule 4 - Recreation and Program Specifications; and Schedule 5 - Dispute Resolution Procedure; tt) "Subcontractor" is a Person or entity, other than the City or the Boys and Girls Club, having direct agreement with the City or the Boys and Girls Club, to perform any part or parts under this Agreement on behalf of the City or the Boys and Girls Club; and "Subcontractors" shall have a corresponding meaning; uu) "Term" has the meaning ascribed thereto in section 2.1; vv) "Unconditional Operating Grants" means the unconditional operating grants for the Contract Years 2013, 2014, 2015 and 2016, respectively; ww) "Unconditional Operating Grant - 2013" has the meaning ascribed thereto in subsection 6.4.1; xx) "Unconditional Operating Grant - 2014" has the meaning ascribed thereto in subsection 6.4.2; and yy) "Unconditional Operating Grant - 2015" and "Unconditional Operating Grant - 2016" have the meaning ascribed thereto in subsection 6.4.3. 1.2 No Indemnities from the City 1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference to the City providing an indemnity or incurring any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the City, shall be void and of no legal effect. 33 Page 1 -9- 1.3 Entire Agreement 1.3.1 This Agreement embodies the entire agreement between the Parties and supersedes any prior understanding or agreement between the Parties relating to the subject matter hereof and in existence at the date of execution of this Agreement. 1.3.2 The Parties agree that in entering into this Agreement they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Agreement. 1.4 Severability 1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Agreement, and the application of such term or condition to the Parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 1.5 Priority of Documents 1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement and the Schedules, the main body of this Agreement shall govern over the Schedules. 1.6 Conflict with Laws 1.6.1 For greater certainty, in the event of a conflict or inconsistency between any provisions of this Agreement and any Applicable Laws, the Applicable Laws shall govern and prevail to the extent of such conflict or inconsistency. 1.7 Headings and Grammatical Variations 1.7.1 The division of this Agreement into articles, sections, subsections and paragraphs and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. 1.7.2 In this Agreement, grammatical variations of any defined terms shall, unless the context otherwise requires, have similar meanings to such defined terms, words denoting the singular include the plural and vice versa, and words denoting any gender include all genders. 1.8 Notices 1.8.1 Notices shall be in writing and shall be delivered by courier, personal delivery or facsimile and shall be addressed to, in the case of service upon the Boys and Girls Club, the Boys and Girls Club Address to the attention of the Boys and Girls Club Representative or, in the case of service upon the City, to the City Address to the attention of the Common Clerk. 34 Page I -10- 1.8.2 Notices shall be deemed to have been given in the case of courier, personal delivery or facsimile, one (1) calendar day after such notice is received by the other Party. In the event of a courier disruption, notices must be given by personal delivery or by facsimile. Unless the Parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this subsection. 1.9 Governing Law 1.9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.10 Modifications and Amendments 1.10.1 This Agreement may not be modified or amended except by an instrument in writing signed by the Parties hereto or by their successors or permitted assigns. 1.11 Approval 1.11.1 Wherever the provisions of this Agreement require or provide for an Approval by a Party of or to any action, Person or other matter contemplated by this Agreement, this Agreement shall be deemed to provide that: 1.11.1.1 Such request for Approval shall be in writing and shall: 1.11.1.1.1 contain or be accompanied by any documentation or information required for such Approval in reasonably sufficient detail, as determined by the party receiving the request, acting reasonably; 1.11.1.1.2 clearly set forth the matter or matters in respect of which such Approval is being sought; 1.11.1.1.3 form the sole subject matter of the correspondence containing such request for Approval; and, 1.11.1.1.4 clearly state that such Approval is being sought; 1.11.1.2 Such Approval shall be in writing; 1.11.1.3 Such Approval shall not be unreasonably or arbitrarily withheld or delayed (unless the text hereof expressly states that such Approval may be unreasonably or arbitrarily withheld or shall be subject to the sole and /or absolute discretion of any Party); and 35 Page 1 -11- 1.11.1.4 Any Dispute as to whether or not such Approval has been unreasonably withheld or delayed shall be referred to Dispute Resolution. 1.12 Enurement 1.12.1 This Agreement shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. ARTICLE 2 TERM 2.1 Term 2.1.1 In the event that the Boys and Girls Club has commenced Services prior to the Execution Date, then during the period of such Commencement of Services up to the Execution Date, the Boys and Girls Club shall be deemed to be subject to all the covenants, conditions and agreements set out in this Agreement. For greater certainty, the Parties acknowledge and agree that the Boys and Girls Club did commence Services for the period beginning on the 1St day of January, 2013 (the "Effective Date ") up to an including the Execution Date. 2.1.2 The term of this Agreement shall commence as of the Effective Date until the 31St day of December, 2014, unless sooner terminated or extended as otherwise provided in this Agreement. 2.1.3 Subject to subsection 2.1.4, this Agreement shall fully end and expire sixty (60) calendar days after December 31, 2014 (the "Expire Date - 2014 "), unless renewed by Common Council prior to March 1, 2015 for an additional two (2) years. In the event that Common Council renews this Agreement for the Contract Years 2015 and 2016, the renewal Agreement shall fully end and expire at midnight on the 31St day of December, 2016 (the "Expire Date - 2016 "). 2.1.4 In the event that this Agreement is renewed by Common Council for the Contract Years 2015 and 2016, the Parties agree that this Agreement shall continue in full force and effect on the same terms and conditions of this Agreement, except that the fees for the Services for the Contract Year 2015 shall be those fees quoted in the Proposal at $127,991.00 (HST /GST included) and the fees for the Services for the Contract Year 2016 shall be those fees quoted in the Proposal at $129,911.00 (HST /GST included). For greater certainty, should a Dispute arise over the fees for the Services for the Contract Years 2015 and 2016, the matter shall be referred to Dispute Resolution. 36 Page 1 -12- ARTICLE 3 STATUS OF PARTIES 3.1 Capacity of Parties 3.1.1 The Parties represents and warrants that they have the full right, power and authority to enter into this Agreement and there is no agreement with any other Person which would in any way interfere with the rights of the Parties under this Agreement. 3.2 Authority of Representatives 3.2.1 The Parties represent that their respective representatives have the authority to legally bind them to the extent permitted by Applicable Laws. 3.3 No Partnership. Agency etc. 3.3.1 The Boys and Girls Club shall have no power or authority to bind the City, or to assume or create any obligation or responsibility, express or implied, on behalf of the City. The Boys and Girls Club shall not hold itself out as an agent, partner or employee of the City. 3.3.2 Nothing in this Agreement shall have the effect of creating an employment, partnership or agency relationship between the City or any of their directors, officers, agencies, employees, partners, affiliates (or Subcontractors) and the Boys and Girls Club. 3.4 Assignment 3.4.1 No Party may assign the whole or any part of this Agreement or any monies due under it without the prior written Approval of the other Party (which Approval may be arbitrarily withheld). 3.4.2 The Boys and Girls Club shall not subcontract any interest in this Agreement without the prior written Approval of the City (which Approval may be arbitrarily withheld). Without limitation, every contract entered into by the Boys and Girls Club with a Subcontractor relating to the Boys and Girls Club's rights hereunder shall adopt all of the terms and conditions of this Agreement as far as applicable to those parts of the deliverables provided by the Subcontractor. 3.4.3 Nothing contained in this Agreement shall create a contractual relationship between any Subcontractor or its directors, officers, employees, agents, boards, partners or affiliates and the City. 3.5 Conflicts of Interest 3.5.1 Notwithstanding and in addition to the foregoing, the Parties shall: 37 Page 1 -13- 3.5.1.1 Avoid any Conflict of Interest in the performance of their obligations under this Agreement; 3.5.1.2 Disclose without delay any actual or potential Conflict of Interest that arises during the performance of their contractual obligations with either Party, including work done for any other party other than the City or the Boys and Girls Club during the course of this Agreement; and 3.5.1.3 Comply with any requirements prescribed by the City or the Boys and Girls Club to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, both Parties may, in its sole and absolute discretion, immediately terminate this Agreement upon giving notice to such Party where: 3.5.1.4 Either Party fails to disclose an actual or potential Conflict of Interest; 3.5.1.5 Either Party fails to comply with any requirements prescribed by the City or the Boys and Girls Club to resolve a Conflict of Interest; 3.5.1.6 Either Party's Conflict of Interest cannot be resolved. This paragraph shall survive any termination or expiry of this Agreement; or If applicable, a Party shall not, during the course of this Agreement, act for or on behalf of any Person, entity, or association in relation to a proceeding and /or transaction to which either Party is a party. ARTICLE 4 SERVICES BY THE BOYS AND GIRLS CLUB 4.1 Commencement of Services 4.1.1 The Boys and Girls Club commenced Services and shall cease Services at the dates and times as follows: 4.1.1.1 Services commenced on January 1, 2013 at 6:00 a.m. and shall cease on December 31, 2014 at 11:00 p.m.; and 4.1.1.2 The Services shall be provided at the Centre on a daily basis, between the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which schedule can be altered upon the mutual agreement of the Boys and Girls Club Representative and the City Representative. 4.1.2 In the event that this Agreement is renewed for an additional two (2) years, the Boys and Girls Club shall commence and cease Services at the dates and times as follows: Page 1 -14- 4.1.2.1 From January 1, 2015 at 6:00 a.m. to December 31, 2016 at midnight; and 4.1.2.2 The Services shall be provided at the Centre on a daily basis, between the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which schedule can be altered upon the mutual agreement of the Boys and Girls Club Representative and the City Representative. 4.2 Performance Warranty 4.2.1 The Boys and Girls Club, hereby represents and warrants that the Services shall be provided fully and diligently in a professional and competent manner by persons qualified and skilled in their occupations and furthermore that all Services will be provided in accordance with: 4.2.1.1 This Agreement; 4.2.1.2 Good Industry Practice; 4.2.1.3 Recreation and Programs Services Specifications; and 4.2.1.3 Applicable Laws. 4.2.2 If any of the Services, in the reasonable opinion of the City, are inadequately provided or require corrections, the Boys and Girls Club shall forthwith make the necessary rectification or corrections, at its own expense, as specified by the City in a Notice of Change. In the event the Boys and Girls Club disputes the City's Notice of Change, it may refer the matter to Dispute Resolution. 4.3 Responsibilities and Obligations of the Boys and Girls Club 4.3.1 The Boys and Girls Club shall perform the Services as set out in this Agreement and the Proposal. Such Services shall include but are not limited to: 4.3.1.1 Recreational /leisure programs, services and community rental space; 4.3.1.2 A community -based program that includes a before lunch and after - school program; 4.3.1.3 A nursery school /pre - school programs and youths programming; 4.3.1.4 A blend of free and fee based programming at the Centre designed to enable the development of social and emotional skills needed for youths and adults to function within family, community and school environments; 39 Page 1 -15- 4.3.1.5 A comprehensive wellness program at the Centre for youths and adults with transportation provided by the Boys and Girls Club for outings and special activities; 4.3.1.6 Through its youth leadership development and asset - building approach a program that will endeavour to revitalize youth programming at the Centre; and 4.3.1.7 Subject to section 6.5, any other programs mutually agreed upon by both Parties. 4.3.2 The Boys and Girls Club shall perform these Services under the general direction and control of Neighbourhood Improvement. 4.3.3 The Boys and Girls Club Representative shall share on a monthly basis with the Principal all Programs schedules, all special events schedules and activities relating to the Centre. In addition, the Boys and Girls Club Representative shall share during the months of June, July and August, all summer programming with the Principal in order to arrange scheduling of its summer cleaning and maintenance programs at the Saint John the Baptist /King Edward School to ensure adequate cleaning and maintenance. 4.3.4 The Boys and Girls Club, at its own expense, shall provide as follows: 4.3.4.1 Pay all costs associated with maintenance of the Centre and day to day operation thereof, including but not limited to, energy consumption, custodial staff, service staff and equipment; 4.3.4.2 Not modify the building, including interior and /or exterior elements, without first having obtained Approval from the Minister. This includes, but is in no way limited to, the installation of fixed furniture and /or equipment, wall hangings, and painting. For greater certainty, any modifications, alterations, maintenance, repairs or rehabilitations need to be Approved by the Minister. 4.3.4.3 Any modifications, alterations, maintenance, repairs or rehabilitations not Approved by the Minister will be returned to a state that is acceptable to the Minister, at the sole expense, of the Boys and Girls Club; 4.3.4.4 Be responsible for the hiring, training and supervision of any Employee hired to assist in providing the Services; 4.3.4.5 Ensure that all Employees and Persons who otherwise perform any of the Services are (i) questioned concerning their Relevant Convictions and (ii) are required to complete and deliver to the Boys and Girls Club a criminal .N Page 1 -16- records search form, or to consent to the performance of criminal records searches by the Saint John Police Force or any other police enforcement authorities; 4.3.4.6 Not permit the use of alcohol during scheduled activities or otherwise bringing of alcohol on the premises of the Centre without prior Approval of the City and /or the Anglophone South School District; 4.3.4.7 Not permit the use of non - prescriptive medication or illicit drugs anywhere on the premises of the Centre; 4.3.4.8 Provide Employee contacts to respond to alarm, security system phone calls; 4.3.4.9 Meet with Neighbourhood Improvement monthly to discuss programming and community needs; 4.3.4.10 Be responsible to provide a written report on any hazardous conditions, injury, accident or illness related to the Centre as soon as possible to the City Representative or the Anglophone South School District or any staff of Neighbourhood Improvement; 4.3.4.11 Comply with the requirements of the Official Languages Act, S.N.B. 2002, c. 0 -0.5, or Change in Law; 4.3.4.12 Emergency exits must remain easily accessible and under no circumstances can they be blocked by tables, chairs, walls, stages, people, or any other form of equipment or furniture; 4.3.4.13 No unauthorized gas or propane equipment /fixtures may be used inside the Centre. Any such material used outside of the Centre must adhere to CSA approval standards; 4.3.4.14 Ensure that the appropriate guidelines for making a decision to report sexual abuse of children are in place; 4.3.4.15 Ensure that the Centre remains a non - smoking facility; ARTICLE 5 SERVICES BY THE CITY 5.1 Responsibilities and Obligations of the City 5.1.1 The City, at its own expense, through its Neighbourhood Improvement, shall provide as follows: 41 Page 1 -17- 5.1.1.1 A City Representative during each Contract Year of the Terms; and 5.1.1.2 Limited free advertising with the Leisure Guide and /or City Web Page. ARTICLE 6 PAYMENT MECHANISM 6.1 Harmonized Sales Tax and Goods and Services Tax 6.1.1 The Boys and Girls Club covenants and agrees that it will pay when due the full amount of HST /GST properly exigible in respect of the fees for the Services to be provided by Boys and Girls Club to the City pursuant to this Agreement. 6.2 Annual Service Payments 6.2.1 Commencing on the Effective Date, and continuing for each Contract Year until the Expiry Date, the City shall pay to the Boys and Girls Club in the manner set out herein the sum of: 6.2.1.1 The fees for the Services in respect of such Contract Year in accordance with section 6.3; and 6.2.1.2 HST /GST on the fees for the Services; (collectively, for each Contract Year, the "Annual Service Payment ") 6.3 Payment of Annual Service Payments 6.3.1 Commencing on the Effective Date to December 1, 2013, the Annual Service Payment for the Contract Year 2013 payable by the City to the Boys and Girls Club shall be $85,666.00, inclusive of HST /GST, and shall be payable in equal monthly instalments in advance on the first day of each month. 6.3.2 The Annual Service Payment for the Contract Year 2014 payable by the City to the Boys and Girls Club shall be $86,951.00, inclusive of HST /GST, and shall be payable in accordance with the following payment schedule (the "Payment Schedule - 2014"): 2014 January 2, 2014 $43,475.50 2014 July 2, 2014 $43,475.50 6.3.3 In the event that Common Council renews this Agreement for the Contract Years 2015 and 2016, the Annual Service Payments for the Contract Years 2015 and 2016 shall be $88,255.00 and $89,579.00, respectively, all inclusive of HST /GST, and shall 42 Page 1 -18- be payable in accordance with the following payment schedule (the "Payment Schedule - 2015 & 2016 "): 2015 Fjanuary 2, 2015 $44,127.50 2015 July 2, 2015 [$44,127.50 2016 January 4, 2016 $44,789.50 2016 July 4, 2016 [$44,789.50 6.3.4 There shall be no other charges payable by the City under this Agreement to the Boys and Girls Club other than the aforementioned Annual Service Payments noted in subsections 6.3.1, 6.3.2 and 6.3.3, unless such other charges are first Approved by the City. 6.3.5 The City will endeavour to pay invoices when due to the Boys and Girls Club, but shall not be required to pay interest on any late payments. 6.4 Payment of Unconditional Operating Grant 6.4.1 The City shall provide an unconditional operating grant in the amount of $38,570.00, inclusive of HST /GST for the Contract Year 2013 (the "Unconditional Operating Grant - 2013 "), to the Boys and Girls Club, in order to support the operations of the said club located at 1 Paul Harris Street, Saint John, New Brunswick. The unconditional operating grant shall be payable in equal monthly instalments in advance on the first day of each month. 6.4.2 The City shall provide an unconditional operating grant in the amount of $39,149.00, inclusive of HST /GST for the Contract Year 2014 (the "Unconditional Operating Grant - 2014 "), to the Boys and Girls Club, in order to support the operations of the said club located at 1 Paul Harris Street, Saint John, New Brunswick. The unconditional operating grant shall be payable in two (2) instalments, payable on the 1st day of January, 2014 and the 2nd day of July, 2014. 6.4.3 In the event that Common Council renews this Agreement for the Contract Years 2015 and 2016, the City shall provide an unconditional operating grant in the amount of $39,736.00 for the Contract Year 2015 (the "Unconditional Operating Grant - 2015 ") and $40,332.00 for the Contract Year 2016 (the "Unconditional Operating Grant - 2016 "), all inclusive of HST /GST, to the Boys and Girls Club, in order to support the operations of the said club located at 1 Paul Harris Street, Saint John, New Brunswick. The grants shall be payable in two (2) instalments, payable on the 2nd day of January and the 2nd day of July for the Unconditional Operating Grant - 2015 and on the 4th day of January and the 4th day of July for the Unconditional Operating Grant - 2016. 43 Page 1 -19- 6.4.4 There shall be no other grants payable by the City under this Agreement to the Boys and Girls Club other than the aforementioned Unconditional Operating Grants unless such other grant is first Approved by the City. 6.4.5 The City will endeavour to pay grants when due to the Boys and Girls Club, but shall not be required to pay interest on any late payments. 6.5 Change Reauests 6.5.1 The City or the Boys and Girls Club may, without invalidating this Agreement, at any time during the Term, submit a Change Request to the other Party. Either Party shall approve all reasonable Change Requests by the other Party in accordance with the terms and conditions of this Agreement. 6.5.2 If either Party is unable to Approve a Change Request, it shall promptly notify the other Party and provide reasons setting out why it cannot approve such Change Request. In no event shall any such Change Request be deemed to have been Approved and its terms and conditions incorporated into this Agreement until the other Party has signified its acceptance of the Change Request in writing. 6.6 Notice of Change 6.6.1 The City shall promptly notify the Boys and Girls Club in writing if the City considers that any notice, direction, requirement, request, correspondence, or other fact, event, or circumstance comprises, requires, or results in a change to the cost of the fees for the Services, and except with respect to insurances obtained and maintained by the Boys and Girls Club with respect to the Centre or the Boys and Girls Club operations, shall seek instructions as to whether to proceed to implement such change which will impact the fees for the Services (the "Notice of Change "). 6.7 Pricing for Changes 6.7.1 Where a Party's Change Request includes an increase or decrease in the scope of the previously contemplated cost of the fees for the Services, the Boys and Girls Club shall set out, in a Notice of Change, the proposed costs for the contemplated changes. The costs for and in respect of such changes shall be agreed to between the Parties, acting reasonably, within a reasonable period of time and in no event shall any such Change Request, other than a Notice of Change with respect to insurances obtained and maintained by the Boys and Girls Club for the Centre or the Boys and Girls Club operations, be deemed to have been Approved and its terms and conditions incorporated into this Agreement until each Party has signified its acceptance of the Change Request in writing. 6.7.2 The Parties acknowledge that any Change Request must be approved by (i) Common Council or (ii) the City Manager and the Boys and Girls Club Representative where .. Page 1 -20- the costs of such Change Request have been budgeted and approved by Common Council for each such Contract Year. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 Boys and Girls Club Liability Insurance 7.1.1 The Boys and Girls Club shall obtain and maintain, or shall cause other Persons performing operations and activities under this Agreement on behalf of the Boys and Girls Club, to obtain and maintain, at all times during the Term of the Agreement or any extension of prolongation thereof, the following insurance: 7.1.1.1 Commercial general liability insurance against claims for bodily injury (including death), property damage, including loss of use of property without physical damage, and personal injury. This insurance shall cover injury, loss or damage arising out of all operations and activities under this Agreement by the Boys and Girls Club or any other Persons, or any other work or services under this Agreement on behalf of the Boys and Girls Club. This insurance shall be written on an occurrence basis and shall provide coverage for premises, operations, broad form property damage, contractual liability, employer's liability and non -owned automobile insurance and shall include cross liability and severability of interests provisions with respect to insureds under the policy or policies. The policy or policies shall include the City, as an additional insured with respect to liabilities arising out of the operations and activities on behalf of the Boys and Girls Club under this Agreement. This insurance may be organized as any combination of primary, umbrella and /or excess liability insurance and shall be subject to a limit of not less than five million dollars ($5,000,000.00) any one accident or occurrence subject to a general aggregate limit of not less than five million dollars ($5,000,000.00) any one annual period; and 7.1.1.2 Automobile liability insurance covering owned, leased or operated licensed motor vehicles used in connection with the operations and activities of the Boys and Girls Club or any other Persons performing Services, or any other work or services under this Agreement on behalf of the Boys and Girls Club. This insurance may be organized as any combination of primary, umbrella and excess liability insurance policies and shall be subject to a limit not less than five million dollars ($5,000,000.00) combined single limit for injury, death or property damage resulting from each accident. 7.1.2 The commercial general liability insurance obtained and maintained by the Boys and Girls Club as set out in paragraph 7.1.1.1 shall be written in the names of the 45 Page 1 -21- Boys and Girls Club and the City and in the names of their respective directors, officers, employees, servants and agents. The Boys and Girls Club may, at its sole and unfettered discretion, elect to have this insurance cover, as Named Insureds, any of its Subcontractors or any other Person performing Services, or any other work or services under this Agreement on behalf of the Boys and Girls Club or may elect to have any such Subcontractor or Person obtain and maintain its own insurances with the characteristics described in subsection 7.1.1 above. 7.1.3 The Boys and Girls Club shall duly and punctually pay, or shall cause its Subcontractors or other Persons to duly and punctually pay, all premiums and other sums of money payable for maintaining any such insurance as set out in subsection 7.1.1 and upon request from the City will produce or cause to produce evidence of such payment within fifteen (15) Business Days after receipt of any such request from the City. 7.1.4 The Boys and Girls Club shall, upon request from the City, deliver to the City, or its authorized representative insurance certificates confirming the types and amounts of coverage described in subsection 7.1.1 in effect at that time, the inception dates and expiration dates of each policy. Evidence of renewal of such insurance, in the form of insurance certificate or certificates, shall be delivered to the City within thirty (30) calendar days after receipt of any such request from the City. 7.1.5 The insurance policies placed or caused to be placed by the Boys and Girls Club pursuant to this section 7.1 shall operate as primary insurance with respect to the operations and activities of the Boys and Girls Club or any other Persons performing Services, or any other work or services under this Agreement on behalf of the Boys and Girls Club. 7.1.6 Each of the policies of insurance provided pursuant to this section 7.1 shall contain a provision to the effect that the insurer will not cancel the policy prior to its expiration, (with the exception of cancellation for non - payment of premium or premium adjustment, for which fifteen (15) calendar days' notice shall be provided) except after thirty (3 0) calendar days' prior written notice to the City. 7.1.7 The Boys and Girls Club shall advise the City of any cancellation, material deviation from the requirements set out in this section 7.1 or lapse of any policies of insurance required to be provided by the Boys and Girls Club. If the Boys and Girls Club fails to effect and keep such insurance in force, or should such insurance be in an amount less than the amount required by this section 7.1, the City may, upon written notice to the Boys and Girls Club, without assuming any obligation, effect such insurance at the expense of the Boys and Girls Club. All outlays by the City shall be payable by the Boys and Girls Club to the City within thirty (30) calendar days after request from the City without prejudice to any other rights and recourses of the City. No such insurance taken out by the City shall relieve the Boys and Girls Club of its obligations to insure under this section 7.1. Page 1 -22- 7.1.8 If the Boys and Girls Club fails to effect, or to cause other Persons to effect, and to keep the insurance required pursuant to this section 7.1 in force and if any similar insurance maintained by the City or any of its Subcontractors shall then be called into contribution notwithstanding subsection 7.1.5 above and, as a consequence, the City's or its Subcontractor's cost of effecting such insurance increases, any such additional cost shall be payable by the Boys and Girls Club to the City, not later than thirty (30) calendar days after production by the City to the Boys and Girls Club of reasonable proof of such additional cost, without prejudice to any other right of the City with respect to the Boys and Girls Club failure to maintain insurance pursuant to this section 7.1. 7.1.9 If applicable, the Boys and Girls Club shall maintain and in full force and effect during the Term of this Agreement, coverage from WorkSafeNB and provide evidence of this coverage to the City upon request. 7.2 Indemnification 7.2.1 Subject to subsection 7.2.2 hereof, but notwithstanding any other clauses herein, the Boys and Girls Club shall indemnify and save harmless the City from all Claims, or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such Claims, or other proceedings are attributable to and caused by the Boys and Girls Club's negligence, errors or omissions. 7.2.2 In no event shall the Boys and Girls Club be obligated to indemnify the City in any manner whatsoever in respect of any Claims, or other proceedings caused by the negligence of the City, or any Person for whom the City is responsible. ARTICLE 8 TERMINATION AND DEFAULT 8.1 Termination for Default 8.1.1 The City may immediately terminate this Agreement upon giving notice to the Boys and Girls Club where: 8.1.1.1 The Boys and Girls Club makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the 47 Page 1 -23- Consultant under the Bankruptcy and Insolvency Act (Canada) or similar legislation; 8.1.1.2 The Boys and Girls Club breaches any material provision of this Agreement; 8.1.1.3 In the City's reasonable opinion, the Boys and Girls Club, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City; 8.1.1.4 The Boys and Girls Club undergoes a change of control which, in the reasonable opinion of the City, adversely affects the Boys and Girls Club's ability to satisfy some or all of its obligations under this Agreement; 8.1.1.5 The Boys and Girls Club subcontracts any provisions or parts or all of the Services or assigns this Agreement without first obtaining the Approval of the City; 8.1.1.6 In the City's reasonable opinion, the Boys and Girls Club's acts or omissions constitute a substantial breach of Boys and Girls Club's obligations under this Agreement; or 8.1.1.7 The Boys and Girls Club fails to perform any other obligation under this Agreement and such failure to perform continues for ten (10) calendar days following the Boys and Girls Club's receipt of written notice from the City. The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. 8.2 Termination on Notice 8.2.1 The City reserves the right to terminate this Agreement, without cause, upon thirty (30) calendar days' prior written notice to the Boys and Girls Club. 8.3 Obligations on Termination 8.3.1 The Boys and Girls Club shall, following the giving of a notice of termination by the City hereunder or upon expiry of the Term, in addition to its other obligations under this Agreement and at law: 8.3.1.1 Provide the City with a report detailing: 8.3.1.1.1 any information requested by Neighbourhood Improvement pertaining to the provisions and performance of this Agreement; Page 1 -24- 8.3.1.1.2 execute such documentation as may be required by the City to give effect to the termination of this Agreement; and 8.3.1.1.3 comply with any other instructions provided by Neighbourhood Improvement or Common Council. 8.4 Payment upon Termination 8.4.1 Without limiting the generality of Article 8, the Boys and Girls Club shall indemnify the City for, and hold the City harmless against, all additional costs, charges and expenses incurred by the City as a consequence of the breach by the Boys and Girls Club of its obligations hereunder, including without limitation, all costs incurred by the City in connection with the operation and maintenance of the Centre. 8.5 Termination of Agreement between School District and Boys and Girls Club 8.5.1 In the event that agreement between the Anglophone South School District and the Boys and Girls Club, as outlined in Schedule 1 is terminated, this Agreement shall terminate automatically. Upon such termination, the Boys and Girls Club shall immediately reimburse the City any unexpended portion of the Annual Service Payment paid by the City to the Boys and Girls Club. The obligation of the Boys and Girls Club to reimburse the City set forth in this subsection 8.5.1 shall remain in full force and effect until fully discharged by the Boys and Girls Club. 8.6 Rights and Remedies 8.6.1 The express rights of termination in this Agreement are in addition to and shall in no way limit any rights or remedies of the City under this Agreement or Applicable Laws or otherwise, at law or in equity. ARTICLE 9 DISPUTE RESOLUTION 9.1 Dispute Resolution Procedure 9.1.1 The Parties shall attempt to negotiate all Disputes in good faith. 9.1.2 In the event the Parties are unable through good faith negotiations to mutually resolve any Dispute, controversy or claim arising out of, in connection with, or in relation to the interpretation, performance or breach of this Agreement, such Dispute, controversy or claim shall be referred to Dispute Resolution in accordance with Schedule 5. ARTICLE 10 BOYS AND GIRLS CLUB COVENANTS 10.1 Covenants Page 1 -25- 10.1.1 The Boys and Girls Club further covenants with the City as set out in this Article 10. 10.2 Notice by Boys and Girls Club 10.2.1 The Boys and Girls Club shall promptly notify the City Representative of any accident, defect, damage or deficiency which occurs or exists in any part of the Centre which comes to the attention of the Boys and Girls Club, as soon as possible. 10.3 Use 10.3.1 The Boys and Girls Club shall continuously use the whole of the Centre for purposes of providing the Services. 10.4 Compliance with Laws 10.4.1 The Boys and Girls Club shall use and occupy and shall cause the Centre to be used and occupied in compliance with all Applicable Laws and in a safe, careful and proper manner. 10.5 Nuisance, Interference. Waste, Overloadine 10.5.1 The Boys and Girls Club shall not cause or allow any act or thing which constitutes a nuisance or which is offensive to the City. 10.5.2 The Boys and Girls Club shall keep the Centre free of debris and other items that might attract rodents or vermin and free of anything of a dangerous, noxious or offensive nature or which could create a fire, environmental, health or other hazard or undue vibration, heat or noise. 10.5.3 The Boys and Girls Club shall not cause or allow any overloading of the floors of the Centre or the bringing into any part of the Centre of any articles or fixtures that by reason of their weight, use or size might damage or endanger the structure or any of the Centre. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Strict Performance 11.1.1 The failure of the City to seek redress for any violation of or to insist upon the strict performance of any of the terms, covenants or conditions of this Agreement, shall 50 Page 1 -26- not prevent a subsequent act, which would have originally constituted a violation, from having all of the force and effect of an original violation. 11.2 Remedies Cumulative 11.2.1 No reference to or exercise of any specific right or remedy by the City shall prejudice or preclude the City from exercising or invoking any other remedy, whether allowed under this Agreement or generally at law or in equity, and the express provisions of this Agreement as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the City generally at law or in equity. 11.3 Survival of Obligations 11.3.1 All of the obligations, representations and warranties of the Boys and Girls Club accruing hereunder during the existence of this Agreement or any renewal or extension thereof shall survive the termination or expiration of the Term. 11.4 Force Majeure Event 11.4.1 Neither the City nor the Boys and Girls Club shall be responsible for any Force Majeure Event or by any other cause which is unavoidable or beyond its reasonable control. The Party whose performance of this Agreement is or may reasonably be expected to be affected by a Force Majeure Event shall promptly notify the other Party of the existence of such circumstances and shall use its best efforts to resume and complete performance. Whenever a Party is reasonably certain that such a Force Majeure Event is likely to occur, it shall notify and consult with the other Party as soon as practicable. All time periods for the performance of obligations hereunder shall be extended by a period corresponding to the time period of any delay caused by the occurrence of a Force Majeure Event. This provision shall not excuse the City from payment of the fees for the Services and other amounts payable hereunder. 11.5 No Waiver 11.5.1 No omission or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by Applicable Law. 11.6 Registration 11.6.1 The Boys and Girls Club agrees that it shall not register this Agreement or any notice or reference in respect of this Agreement against title. 51 Page 1 -27- 11.7 Counterparts 11.7.1 This Agreement may be executed in any number of counterparts. Either Party may send a copy of its executed counterpart to the other Party hereto by facsimile transmission or by electronic mail instead of delivering a signed original copy of such counterpart. Each executed counterpart (including each copy sent by facsimile transmission or electronic mail) shall be deemed to be an original and all such executed counterparts taken together shall constitute one and the same agreement, and notwithstanding the date of execution shall be deemed to bear the same date as written above on this Agreement. IN WITNESS WHEREOF the City of Saint John has hereto fixed in its corporate seal and caused these presents to be executed by its duly authorized officers in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, and the Boys and Girls Club has caused these presents to be executed by its President and Chief Executive Officer as of the day and year first written above. SIGNED, SEALED & DELIVERED in the presence of: 52 THE CITY OF SAINT JOHN Mel K. Norton, Mayor Jonathan A. Taylor, Common Clerk Common Council Resolution: [0], 2013. THE BOYS AND GIRLS CLUB OF SAINT JOHN INC. Amanda Masters, President Page 1 -28- PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, AMY SHANKS, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Executive Director of the Boys and Girls Club of Saint John Inc., and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., is the corporate seal of the said THE BOYS AND GIRLS CLUB OF SAINT JOHN INC., a party named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Amy Shanks" subscribed to the said instrument is my signature and as Executive Director, I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of July, 2013. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of July 2013. Commissioner of Oaths, Amy Shanks, Executive Director 53 Service Agreement SCHEDULE 1 Schedule 1 LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT DATED JULY 4, 2013 TO THE BOYS AND GIRLS CLUB 54 Service Agreement SCHEDULE 2 Schedule 2 LETTER FROM THE ANGLOPHONE SOUTH SCHOOL DISTRICT DATED APRIL 3, 2013 TO THE CITY 55 Service Agreement Schedule 3 SCHEDULE 3 PROPOSAL FROM THE BOYS AND GIRLS CLUB DATED FEBRUARY 28, 2013 56 Service Agreement SCHEDULE 4 Schedule 4 RECREATION AND PROGRAM SERVICES SPECIFICATIONS 57 Page 1 -2- 1. INTRODUCTION These Recreation and Program Services Specifications describe the Services that the Boys and Girls Club shall provide at the Centre, as well as the minimum level of service delivery and the standards to which the Services shall be delivered. 1.1 GENERAL The Boys and Girls Club shall provide the following services to the following standards: Program Services and Standards Community Centre Hours Description: of Operation (52 week The normal hours of operations of the Centre for Programs shall period) be as follows: a) Fall / Winter/ Spring Operations: - Monday to Friday, from 1:00 p.m. until 9:00 p.m. - Saturday, from 9:00 a.m. until 3:00 p.m. (based on community interest) b) Summer Operations - Monday to Friday, from 7:30 a.m. until 5:30 p.m. The hours of operations in a) and b) above may be extended based on room and facility rentals, partner supported programming and special events. General Description a) The Boys and Girls Club shall provide Programs which are recreational, cultural, health related and educational in nature. b) The Boys and Girls Club shall provide Programs at the Centre for all ages, to be grouped as follows: 0 4 -12 years 0 13 -17 years 0 18 -21 years o Adults o Seniors Page 1 -3- 59 Free Programs (core Description: programs) a) The Boys and Girls Club shall offer afterschool programs. b) The Boys and Girls Club shall provide a summer playground program for a minimum of 8 weeks during the summer months (June - August). c) The Boys and Girls Club shall offer night programs and weekend programs for youth aged 5 to 17 years of age during the school year (fall /winter /spring season: 32 weeks). Fee Based Programs Description: a) The Boys and Girls Club shall provide community use of the Centre through room and facility rentals without interfering with free programs described above. b) The Boys and Girls Club shall keep all revenue generated by the rental of the Centre and use same towards the operation of the Centre. Other Description: a) There shall be a community stakeholder task force, such as City, YMCA, SJB /KE, PULSE, BGC, etc. whose function is to provide neighbourhood input into the programs offered at the Centre. b) The Boys and Girls Club shall work with other partners and organizations to offer programs at the Centre. c) The Boys and Girls Club shall leverage financial resources to increase the scope of the services offered at the Centre. d) The City shall appoint a City Representative to support the Centre. e) The Boys and Girls Club shall provide the City with access to the Centre at no charge for emergency response shelter services, community meetings and other activities which the City may want to hold at the Centre from time to time. Measurement Standards Description: a) The staff /youth participant ratio shall be 1:15 or in accordance with child development standards as prescribed by the Social Development division of the 59 Page -4- Province of New Brunswick (if applicable). b) A staff person or qualified adult volunteer shall be assigned to each activity room. c) A registration and waiver liability form shall be completed by all youth participating in the Centre's programming and signed by their parent /guardian. d) The Boys and Girls Club shall provide quantitative and qualitative evaluations for programs and services and record total daily attendance for overall Centre usage as well as specific program attendance. All such reports shall be submitted to the City Representative on a regular basis. e) The Boys and Girls Club shall conduct an annual evaluation on the yearly overall operation of the Centre and the City's Representative shall take part in the evaluation process. f) The Boys and Girls Club shall conduct annual and seasonal evaluations of permanent and part -time staff respectively. g) The Boys and Girls Club shall hire only persons having a recognized post- secondary degree in a related field such as recreation, social work or the equivalent as full time employees. The Boys and Girls Club will hire leaders, instructors and supervisors having training or experience compatible with the Programs for which they are responsible. h) The Boys and Girls shall train staff to the standards of High Five, CS4L Model, National Coaching certification, national recognized Boys and Girls Clubs training programs or equivalent. i) The Boys and Girls Club shall adopt and follow the standards, principles and practises of Youth SJ standards once these standards are adopted by the City. j) The Boys and Girls Club shall have in place and adhere to an emergency accident plan to properly deal with injuries which may occur as a result of someone participating in the Centre's programming. In this respect, the Boys and .1 Page I -5- 61 Girls Club shall maintain a records management system for incident reporting, and make same available to the City upon request. 61 Service Agreement SCHEDULES DISPUTE RESOLUTION PROCEDURE A. Referral to Senior Management Schedule 5 1. All Disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement shall within two (2) Business Days be referred for resolution to the City Manager and the Boys and Girls Club Representative. If the City Manager and the Boys and Girls Club Representative are not able to resolve the Dispute referred to them under this section A within seven (7) Business Days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties. B. Mediation Despite an agreement to mediate, a Party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 4. If the Parties resolve to mediate the Dispute referred to them under subsection B.3, the Parties shall invoke the following mediation process: a) Either Party shall immediately declare an impasse and provide written notice to the other Party within seven (7) Business Days thereof (or such other period as the Parties mutually prescribe) declaring that such party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three (3) and not more than five (5) proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least ten (10) years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related field of the Dispute, and 62 Page 1 -2- (ii) unless otherwise agreed by the Parties, with no prior connection, affiliation or other formal relationship with either Party. a) Upon receipt of such notice, the notified Party shall have two (2) Business Days to select one (1) of the proposed mediators as the mediator, failing which the Party providing notice shall select one (1) of its proposed mediators as the mediator. Within seven (7) Business Days following selection of the mediator the matter shall be heard by the mediator. b) The mediator shall be entitled to establish his or her own practices and procedures. The Parties shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within (10) Business Days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (1992), New Brunswick, and the mediator's decision shall not be binding upon the Parties but shall be considered as a bona fide attempt by the mediator to judiciously resolve the Dispute. The decision of the mediator shall be rendered in a written report, not to exceed two (2) pages in length, delivered to the Parties within (10) Business Days following the last of such presentations. The fees of the mediator shall be shared equally by the Parties. S. The mediation shall be terminated: a) By the execution of a settlement agreement by the Parties; or b) By a written declaration of one of the Party that the mediation is terminated; or C) By a written declaration by the mediator that further efforts at mediation would not be useful. 6. The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 7. In the event that either Party is unwilling to mediate the Dispute or that the Dispute between the Parties remain unresolved after mediation has been attempted in good faith, then either the City or the Boys and Girls Club, upon written notice to the other Party, may refer the Dispute for determination to a Board of Arbitration consisting of three (3) persons, one (1) chosen by and on behalf of the City, one (1) chosen by and on behalf of the Boys and Girls Club and the third chosen by these two arbitrators. Each of the proposed arbitrators shall be an individual with at least ten (10) years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related field of the Dispute. 63 Page 1 -3- 8. In case of failure of the two arbitrators appointed by the Parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. 9. No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. 10. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the Board of Arbitration, upon such terms and conditions as are deemed by it to be appropriate, may allow a Party to amend or supplement its claim, defence or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the Board of Arbitration considers the delay in amending or supplementing such statements to be prejudicial to a Party. The Board of Arbitration will not permit a Party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 11. The Board of Arbitration may encourage settlement of the Dispute and, with the written agreement of the Parties, may order that mediation, conciliation or other procedures be used by the Parties at any time during the arbitration proceedings to encourage settlement. 12. If, during the arbitration proceedings, the Parties settle the Dispute, the Board of Arbitration shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the Parties, record the settlement in the form of an arbitration award on agreed terms. 13. Subject to subsection C.14, any determination made by the Board of Arbitration shall be final and binding upon the Parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 14. Any Party may appeal an arbitration decision to The Court of Queen's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. 15. The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall apply to the arbitration. November 20, 2014 Boys & Girls Club of Saint John A good place to be Kevin Watson City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 Requesting Renewal of Agreement Dear Kevin, This letter is in reference to the Service Agreement with the City of Saint John to provide recreational services at the South End Community Centre. We are very interested in renewing this agreement for an additional two years as per article 2.1.3 in the agreement dated September 12, 2013. We look forward to hearing from you and hope to continue our partnership long into the future. Sincerely, Amy Shanks Executive Director Saint John Boys & Girls Club 1 Paul Harris Street PO Box 2441 Saint John, NB E2L 3V9 T 506 634 -2011 F 506 648 -0804 ,esadots,��weo www.beccan.com 65 "OTA q,. BOARD OF DIRECTORS President: Philippe Richard 1b1 Vice- President: Louise Simpson, CGA 2nd Vice- President: Glen Fillmore Treasurer: Louise Simpson, CGA Secretary: Belinda Kumar Past President: Amanda Masters Founding President: Duncan M. Wathen (1904 -1989) MEMBERS David J. Merrithew Todd Potter Arthur L. Pottle Liane Thibodeau Carl A. White Andrea Curry Terry Cook Nancy Littlewood Aaron Shonaman EXECUTIVE DIRECTOR Amy Shanks EXECUTIVE DIRECTOR EMERITUS Debbie Cooper REPORT TO COMMON COUNCIL M &C 2015 - 025 February 16, 2015 His Worship Mayor Norton And Members of Common Council: Your Worship and Councillors: The City of Saint john SUBJECT: Renewal Agreements — Provision of Recreation Programs and Services at the Millidgeville Community Centre & Forest Glen Community Centre BACKGROUND: The City of Saint John has agreements in place with the YMCA to operate, manage and provide recreational, child care and community use programs at the Millidgeville and Forest Glen Community Centres (Appendices A and B). The YMCA operations of these two Community Centres have been very successful and widely accepted by the community and at the same time quality services continue to be provided in these communities at a significantly reduced cost to the City. The Millidgeville Community Centre (MCC) building forms part of the M. Gerald Teed School. The Forest Glen Community Centre (FGCC) building forms part of the Forest Hills Elementary — Middle School. These schools are owned by the Province of New Brunswick, Anglophone South School District. The YMCA has expressed their interest and desire in continuing to provide these services at the two community centres and have made request to exercise the two (2) year renewal clause of the said agreements (Appendices C and D). ANALVISTS The current agreements with the YMCA provides for a two (2) year renewal option for the MCC and FGCC. The current agreements will expire sixty (60) calendar days after December 31, 2014, unless renewed by Common Council prior to March 1, 2015 for an additional two (2) years. In the event Common Council renews these agreements for the contract years 2015 and 2016, the renewal agreements shall fully end and expire on December 31, 2016. In the event that these agreements are renewed by Common Council for the Contract Years of 2015 and 2016, the Parties agree that these Agreements shall continue in full force and effect on the same terms and conditions, with the exception of removing the two (2) year renewal clause. .. Report to Common Council Page 2 of 3 M &C 2015- 025 The Recreation and Program Service levels that the YMCA shall continue to provide at the Millidgeville and Forest Glen Community Centres include: Community Centre Hours of Description: Operation (52 week period) The normal hours of operations of the Centre for Programs shall be as follows: General Description a) Fall / Winter / Spring Operations: - Monday to Friday, from 7:00am until 9:00pm - Saturday, from 9:00am until 3:00pm (based on community interest) b) Summer Operations - Monday to Friday, from 7:30am until 5:30pm The hours of operations in a) and b) above may be extended based on room and facility rentals, partner supported programming and special events. a) The YMCA shall provide Programs which are recreational, cultural, health related and educational in nature. b) The YMCA shall provide programs for all ages, to be grouped as follows: o 0 -5 years o 6 -12 years o 13 -17 years o 18 -21 years o Adults o Seniors Free Programs (core Description: programs) c) The YMCA shall offer night programs and weekend programs for youth aged 5 to 17 years of age during the school year (fall / winter / spring season: 32 weeks). Fee Based Programs Description: a) The YMCA shall offer childcare, preschool and afterschool programs. b) The YMCA shall provide summer day camps programs for a minimum of 8 weeks during the summer months (June — August). c) The YMCA shall provide community use of the MCC & FGCC through room and facility rentals without interfering with free programs described above. 67 Report to Common Council M &C 2015- 025 Page 3 of 3 The Recreation and Parks Strategic Plan "PLAYSJ" adopted by Common Council supports moving from the model of direct programming to one of partnership and facilitation with other program providers as an alternative service delivery model in the provision of recreation services. City staff is supportive of the renewal of the said agreements and will continue to work closely with the YMCA in program / service development to meet the needs of these two communities. FINANCIAL IMPLICATIONS The financial implications for the renewal period of these agreements are: Millidgeville Community Centre: Forest Glen Community Centre: 2015: $80,596.00 2015: $91,037.00 2016: $81,804.00 2016: $92,402.00 Common Council has approved the 2015 budget amounts for these two Community Centres. RECOMMENDATIONS Staff recommends: a) That the City renew these agreements with the YMCA for an additional two (2) years with the terms and conditions of the current service agreements remaining as is, saving and excepting the renewal provisions; b) That the Mayor and Common Clerk be authorized to execute the renewal agreements. Respectfully submitted, Kevin Watson, B.P.E. Manager, Neighbourhood Improvement & Recreation Programming Services Patrick Woods, CGA City Manager Attached: .: Jacqueline Hamilton, MURP MCIP RPP Commissioner, Growth & Community Development Services THIS SERVICE AGREEMENT (the "Agreement ") made in triplicate this day of February, 2010 (the "Effective Date "). BETWEEN: THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City ", OF THE FIRST PART, - and - THE SAINT JOHN YM -YWCA INC, a company incorporated under the laws of the Province of New Brunswick, having its registered office in Saint John, and Province of New Brunswick, hereinafter called the ,tYl, OF THE SECOND PART, - and - HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Education, hereinafter called the "Province ", OF THE THIRD PART. WHEREAS, the City and the Province, have entered into an agreement on the 4t" day of February, 1992, in the form attached as Schedule 1", where the Province has provided a license to occupy and use the community facility available for community use at the Gerald Teed School (the "Addition" the meaning ascribed thereto in the said agreement), located in the City of Saint John, and Province of New Brunswick; and WHEREAS, the Province through School District 8 has provided a letter from Susan Tipper, Superintendent, dated November 4, 2009, in the form attached as Schedule "2 ", which supports the decision of the City to assign the operational rights for the Centre to the Y; and .• -2- WHEREAS, the Y submitted to the City a Proposal dated November 17, 2009 for the provision of Services at the Centre, which proposal the City has accepted; and WHEREAS, the purpose of this Agreement is for the renewal of the Agreement between the City and the Y in order to operate the Centre for the period of January 1, 2010 to December 31, 2012; and WHEREAS, the Common Council on November 23, 2009 resolved to accept the proposal of the Y, and that the City Solicitor be directed to prepare the appropriate documents, and the Mayor and Common Clerk be authorized to sign the Agreement. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows: 1 INTERPRETATION AND GENERAL PROVISIONS A. Defined Terms When used in this Agreement, the following words or expressions have the following meanings: 1. "Agreement" means this Agreement and all accompanying schedules and includes any and every instrument supplemental and ancillary thereto; 2. "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by- laws, rules, regulations, official plans, permits, licences, authorisations, directions, and agreements with all Authorities that now or at any time hereafter may be applicable to either this Agreement or the terms and conditions or any part of them set out in this Agreement; 3. "Authority" means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over this Agreement; and "Authorities" means all such authorities, agencies, bodies and departments; 4. "Business Day" means a day other than a Saturday, Sunday or statutory holiday under the laws of Canada or the Province of New Brunswick or a civic holiday proclaimed by the City; 5. "Change in Law" means the coming into effect or repeal (without re- enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, 70 -3- including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Agreement; 6. "City Manager" means the city manager of the City or his designate appointed by resolution of Common Council; 7. "Common Council" means the elected officials of the City; 8. "Centre" means the Millidgeville Community Centre located at 99 Daniel Avenue, Saint John, and Province of New Brunswick, and forms part of PID number: 44412; 9. "City Address" means 15 Market Square, City Hall, Saint John, New Brunswick, E21- 4L1, Telephone: 506.658.2862, Fax: 506.674.4214; 10. "Dispute" means any dispute, controversy, disagreement or failure to agree arising out of, in connection with, or relating to the interpretation, performance or application of the Agreement; 11. "Dispute Resolution Process" has the meaning ascribed thereto in Schedule 4; 12. "Force Majeure Event" means the occurrence after the date of this Agreement of any circumstance, occurrence or event beyond the reasonable control of a Party to this Agreement to the extent such cannot be prevented or mitigated by the affected Party, including, without limitation, any of the following: (A) civil war, armed conflict, warlike operation or terrorism, acts of foreign enemies, hostilities, invasion, rebellion, military or usurped power; (B) nuclear or radioactive contamination at the Centre; (C) chemical or biological contamination at the Centre from any event referred to in item (B) of this definition; (D) epidemics or pandemics in New Brunswick, if such epidemics or pandemics have formally been declared to exist by the World Health Organization or the Chief Medical Officer of Health of the Province which have a direct effect on the supply or transportation of goods, services or materials at the Centre; or (E) a Change in Law; 71 -4- which directly causes a Party to be unable to comply with or perform all or a material part of its obligations under this Agreement, despite the reasonable efforts of the Party claiming Force Majeure to prevent its occurrence or mitigate its effects; provided always that such circumstances, occurrence or event does not arise by reason of: (A) the negligence or any misconduct of the Party claiming Force Majeure; (B) any act or omission of the Party claiming Force Majeure in breach of the provisions of this Agreement; or (C) the lack or insufficiency of funds or failure to make payment of monies or provide required security. 13. "Harmonized Sales Tax" means the harmonized sales tax or the tax imposed under Part IX of the Excise Tax Act or any other federal sales tax, consumption tax, excise tax, value added tax, business transfer tax or other tax that can reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Excise Tax Act (the "HST /GST ") properly exigible in respect of the Services to be provided by Y to the City pursuant to this Agreement; 14. "Leisure Services" means the Leisure Services Department of the City; 15. "Party" individually means the City, the Y and the Province and "Parties" means the City, the Y and the Province; 16. "Person" if the context allows, includes any individual, person, firm, partnership, agency, board, statutory commission, commission or corporation or any combination thereof; 17. "Principal" means the head or his designate of the M. Gerald Teed School; 18. "Programs" means the administration of any recreational, social or child care programs based on the needs of the general public, including but not limited to, after school programs, breakfast and lunch programs, day -care and summer camps, and senior citizens fitness classes, community seniors club, teen leadership programs, evening community gym activities, dance instruction and special community rentals (e.g. baby showers and birthday parties); 19. "Proposal" means the proposal submitted by the Y dated November 17, 2009, in the form attached as Schedule "3"; 72 -5- 20. "Province Address" means 490 Woodward Avenue, Saint John, New Brunswick, E2K 5N3, Telephone: 506.658.5300, Fax: 506.658.5399; 21. "Provincial Representative" means the person designated by the Province and "Provincial Representatives" mean those persons designated by the Province with duly vested authority to act on behalf of the Province; 22. "Relevant Conviction" means a conviction under the Criminal Code (Canada) for which no pardon has been granted; 23. "Services" mean those services as set out in this Agreement and the Proposal and any additional services agreed between the Parties in writing and as set forth in this Agreement; 24. "Schedules" means the following schedules attached to and forming an integral part of this Agreement: (A) Schedule 1" — Agreement between the Province and the City dated February 4, 1992; (B) Schedule "2" — Letter from School District 8 dated November 4, 2009; (C) Schedule "3" — Proposal for Partnership prepared by the Y dated November 17, 2009; (D) Schedule "4" — Dispute Resolution Process, 25. "Term" means the term of this Agreement as set out in Section 2.1; 26. "Y Address" means 130 Broadview Avenue, Saint John, New Brunswick, E2K 5N3, Telephone: 506.634.7720, Fax: 506.634.0783; and 27. "Y Representative" means the person designated by the Y and "Y Representatives" mean those persons designated by the Y with duly vested authority to act on behalf of the Y. 1.2 No Indemnities from the City or the Province 1.2.1 Notwithstanding anything else in this Agreement, any express or implied reference to the City or the Province providing an indemnity or incurring any other form of indebtedness or contingent liability that would directly or indirectly increase the indebtedness or contingent liabilities of the City or the Province, shall be void and of no legal effect. 73 Ill 1.3 Entire Agreement 1.3.1 This Agreement, including any Schedules hereto, constitutes the entire agreement between the Parties and supersedes all prior agreements, communications, understandings, negotiations and discussions, whether oral or written, express or implied, of the Parties with respect to the subject matter hereof. There are no covenants, representations, warranties, agreements or conditions expressed or implied, collateral or otherwise forming part of or in any way affecting or relating to this Agreement except as expressed herein. 1.3.2 The Parties agree that in entering into this Agreement, they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Agreement. 1.4 Severability 1.4.1 If any term or condition of this Agreement, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Agreement, and the application of such term or condition to the Parties, Persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 1.5 Priority of Documents 1.5.1 In the event of a conflict or inconsistency between any provisions in this Agreement and the Schedules, the main body of this Agreement shall govern over the Schedules. 1.6 Headings and Grammatical Variations 1.6.1 The division of this Agreement into sections and paragraphs and the insertion of headings are for convenience of reference only, and shall not affect the construction or interpretation of this Agreement. 1.6.2 In this Agreement, grammatical variations of any defined terms shall, unless the context otherwise requires, have similar meanings to such defined terms, words denoting the singular include the plural and vice versa, and words denoting any gender include all genders. 1.7 Notices 1.7.1 Notices shall be in writing and shall be delivered by courier, personal delivery or facsimile and shall be addressed to, in the case of service upon the City, the City Address to the attention of the Common Clerk of the City or, in the case of service upon the Province, to the Province Address to the attention of the Provincial Representative or, in the case of service upon the Y, to the Y Address to the attention of the Y Representative. 74 -7- 1.7.2 Notices shall be deemed to have been given in the case of courier, personal delivery or facsimile, one (1) Business Day after such notice is received by the other Party. In the event of a courier disruption, notices must be given by personal delivery or by facsimile. Unless the Parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. 1.8 Governing Law 1.8.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 1.9 Modification and Amendments 1.9.1 This Agreement may not be modified or amended except by an instrument in writing signed by the Parties or by their successors or permitted assigns. 1.10 Enurement 1.10.1 This Agreement shall extend to, be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns. 2.0 TERM 2.1 Term 2.1.1 Unless otherwise terminated in accordance with Section 11, this Agreement shall commence of the 1St day of January, 2010 to the 31St day of December, 2012. 3.0 STATUS OF PARTIES 3.1 Capacity of Parties 3.1.1 The Parties represent and warrant that they have the full right, power and authority to enter into this Agreement and there is no Agreement with any other Person which would in any way interfere with the rights of the Parties under this Agreement. 3.2 Authority of Representatives 3.2.1 The Parties represent that their respective representatives have the authority to legally bind them to the extent permitted by Applicable Laws. 3.3 No Partnership, Agency etc. 3.3.1 The Y shall have no power or authority to bind the City or the Province or to assume or create any obligation or responsibility, express or implied, on behalf of the City or the Province. The Y shall not hold itself out as an agent, partner or 75 employee of the City or the Province. Nothing in this Agreement shall have the effect of creating an employment, partnership or agency relationship between the City or the Province and the Y (or any of the Y's directors, officers, employees, agents, partners, affiliates or subcontractors). 3.4 Acts and Omissions 3.4.1 The Y acknowledges and agrees that it is liable for the acts and omissions of its directors, officers, employees, agents, partners, affiliates and subcontractors. 3.4.2 This paragraph is in addition to and not in derogation of any and all of the Y's liabilities under this Agreement and under the general application of Applicable Laws. 3.4.3 The Y shall advise those individuals and entities, for whom it is responsible of its obligations under this Agreement and, without limiting the generality of the foregoing, shall take all appropriate action to ensure compliance with this Agreement. 3.4.4 In addition to any other liabilities of the Y pursuant to this Agreement or otherwise at law or in equity, the Y shall be liable for all damages, costs, expenses, losses, claims or actions arising from any breach of this Agreement resulting from the actions of the above mentioned individuals and entities. 3.5 Assignment 3.5.1 The Y shall not assign the whole or any part of this Agreement or any monies due under it without the prior written consent of the City or the Province (which may be arbitrarily withheld). Such consent shall be in the sole discretion of the City or the Province and subject to the terms and conditions that may be imposed by the City or the Province. 4.0 PERFORMANCE BY THE Y 4.1 Commencement of Performance 4.1.1 The Y shall commence and cease Services at the dates and times as follows: (a) from January 1, 2010 at 6:00 a.m. to December 31, 2012 at 11:00 p.m.; and (b) the Services shall be provided at the Centre on a daily basis, between the hours of 6:00 a.m. to 11:00 p.m., Monday to Sunday, which schedule can be altered upon the mutual agreement of the Y, the City and the Province Representative. 76 4.2 Performance Warranty 4.2.1 The Y, hereby represents and warrants that the Services shall be provided fully and diligently in a professional and competent manner by qualified and skilled employees in their occupations and furthermore that all Services will be provided in accordance with (a) this Agreement; and (b) Applicable Laws. If any of the Services, in the opinion of the City, are inadequately provided or require corrections, the Y shall forthwith make the necessary rectification or corrections at its own expense as specified by the City in a rectification notice. 4.3 No Waiver 4.3.1 Any failure by the City to insist in one or more instances upon strict performance by the Y of any of the terms or conditions of this Agreement shall not be construed as a waiver by the City of its right to require strict performance of any such terms or conditions, and the obligations of the Y with respect to such performance shall continue in full force and effect. 5.0 SERVICES BY THE Y 5.1 Responsibilities and Obligations of the Y 5.1.1 The Y shall perform the Services as set out in this Agreement and the Proposal and shall ensure, but not limited to the foregoing, to the following: (a) To provide recreational /leisure programs, services and community rental space; (b) To provide a community -based program that will include a before lunch and after - school program; (c) To provide a nursery school /pre school programs and youth programming; (d) To provide a programming at the Centre for youths and adults designed to enable the development of social and emotional skills needed to function in the family, community and school; (e) To provide a comprehensive wellness program for the children and adults at the Centre with transportation provided by the Y for outings and special activities; and 77 -10- (f) To provide through its youth leadership development and asset - building approach a program that will endeavour to revitalize youth programming at the Centre. 5.1.2 The Y shall perform these Services under the general direction and control of Leisure Services. 5.1.3 The Y Representative shall share on a monthly basis with the Principal all programs schedules, all special events schedules and activities relating to the Centre. In addition, the Y Representative shall share during the months of June, July and August, all summer programming with the Principal in order to arrange scheduling of its summer cleaning and maintenance programs at the M. Gerald Teed School to ensure adequate cleaning and maintenance. 5.1.4 The Y, at its own expense, shall provide as follows: (a) Pay all costs associated with maintenance of the Centre and day to day operation thereof, including but not limited to energy consumption, custodial staff, service staff and equipment; (b) Not carry out any interior structural alterations until the Y has received prior written approval from the Province; (c) Be responsible for the hiring, training and supervision of any staff hired to assist in providing programs and services; (d) Ensure that all potential employees (including, for greater certainty, permanent, temporary, full -time, part -time employees) and persons who otherwise perform any of the Services are (i) questioned concerning their Relevant Convictions and (ii) are required to complete and deliver to the Y a criminal records search form, or to consent to the performance of criminal records searches by the Saint John Police Force or any other police detachment; (e) Not permit the use of alcohol during scheduled activities or otherwise bringing of alcohol on the premises of the Centre without prior written consent of the Province; (f) Not permit the use of non prescriptive medication or illicit drugs anywhere on the premises of the Centre; (g) Provide staff contacts to respond to alarm, security system phone calls; (h) Meet with Leisure Services annually to discuss programming and community needs; - 11 - (i) Be responsible to provide a written report on any hazardous conditions, injury, accident or illness related to the Centre as soon as possible to Leisure Services; (j) Comply with the requirements of the Official Languages Act, S.N.B. 2002, c. 0 -0.5, or Change in Law; (k) Emergency exits must remain easily accessible and under no circumstances can they be blocked by tables, chairs, walls, stages, people etc.; (1) No unauthorized gas or propane equipment/fixtures may be used inside the Centre. Any such material used outside of the Centre must adhere to CSA approval standards; (m) Ensure that the appropriate guidelines for making a decision to report sexual abuse of children are in place; and (n) Ensure that the Centre remains a non - smoking facility. 6.0 SERVICES BY THE CITY 6.1 Responsibilities and Obligations of the City 6.1.1 The City, at its own expense, through its Leisure Services, shall provide as follows: (a) A contact person during the terms of this Agreement; and (b) Limited free advertising with the Leisure Guide and /or City Web Page. 7.0 SERVICES BY THE PROVINCE 7.1 Responsibilities and Obligations of the Province 7.1.1 The Province, at its own expense, through its School District 8, shall provide as follows: (a) Custodial services to the Centre on a daily basis based on biannual meetings with Y staff; 79 -12- (b) Monthly invoice to the Y to cover custodial wages and energy consumption; (c) Pay for any capital repairs to the Centre; (d) When repairs are required, allow the Y to use their own maintenance staff and /or seek other resources for minor repairs up to a value of $1,000, if the Y was responsible for the damages; and (e) Provide a minimum of 2 weeks notice to the Y Representative to request space within the Centre for special events or any shorter period in the event of an emergency or unforeseen circumstance. For certainty, the emergency or unforeseen circumstance shall be determined by mutual consent between the Parties respective representative. 7.1.2 The Principal shall share on a monthly basis with the Y Representative all programs schedules, all special events schedules and activities relating to the M. Gerald Teed School. 8.0 PAYMENT FOR SERVICES 8.1 Fees 8.1.1 Subject to the Y's compliance with the provisions of this Agreement, the City shall pay the Y for the Services under this Agreement as described as follows: (a) The City shall pay the Y a grant in the amount of $37,500 annually in the first year, and 3% increase for each subsequent year for the rate of inflation, as described in the following payment schedule: 2010 January $18,750 2010 July $18,750 2011 January $19,312 2011 July $19,312 2012 January $19,892 2012 July $19,892 8.1.2 The amounts as described in Section 8.1.1(a) shall be inclusive of any applicable Harmonized Sales Tax. 9.0 INSURANCE 9.1 Liability Insurance * -13- 9.1.1 The Y, at no expense to the City, shall obtain and maintain in full force and effect during the term of this Agreement, a policy of insurance with the following minimum limits of liability: (a) General Liability Insurance with policy limits of not less than Five Million Dollars ($5,000,000), inclusive per occurrence for Bodily Injury and Property Damage or such higher limits as deemed to be necessary and required from time to time by the City or the Province; and (b) Automobile Insurance with policy limits of not less than Five Million Dollars ($5,000,000) or such higher limits as deemed to be necessary and required from time to time the City or the Province. 9.1.2 The policy of insurance required in Section 9.1.1(a) and Section 9.1.1(b) must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given to the City. The aforesaid insurance coverage must remain in full force and effect during the entire term of this Agreement. The policy of insurance shall name the City and the Province as an additional insured and shall contain a cross - liability clause. 9.1.3 If applicable, the Y shall obtain and maintain in full force and effect during the term of this Agreement, coverage from WorkSafeNB. 9.1.4 The Y shall submit to the City satisfactory evidence of having obtained the insurance coverage required and shall submit a copy of such policy or policies as well as current coverage from WorkSafeNB forthwith to the City upon execution of this Agreement. 9.1.5 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which the Y may be held responsible for payments of damages to persons or property. 10.0 INDEMNITY 10.1 Indemnification 10.1.1 Subject to Section 10.1.2 hereof, but notwithstanding any other clauses herein, the Y shall indemnify and save harmless the City and the Province from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such damages, costs, claims, demands, actions, suits LIM -14- or other proceedings are attributable to and caused by the Y's negligence, errors or omissions. 10.1.2 In no event shall the Y be obligated to indemnify the City or the Province in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City or the Province, or any person for whom the City or the Province is responsible. 11.0 TERMINATION 11.1 Termination 11.1.1 The City or the Province may immediately terminate this Agreement upon giving notice to the Y where: (a) the Y makes an assignment for the benefit of its creditors, is declared bankrupt or commits an act of bankruptcy, becomes insolvent, makes a proposal or otherwise takes advantage of provisions for relief under the Bankruptcy and Insolvency Act (Canada) or similar legislation in any jurisdiction, or any other type of insolvency proceedings being commenced by or against the Consultant under the Bankruptcy and Insolvency Act (Canada) or similar legislation; (b) the Y breaches any material provision of this Agreement; (c) in the City's or the Province's reasonable opinion, the Y, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the City or the Province; (d) the Y undergoes a change of control which, in the reasonable opinion of the City or the Province, adversely affects the Y's ability to satisfy some or all of its obligations under this Agreement; (e) the Y subcontracts any provisions or parts or all of the Services or assigns this Agreement without first obtaining the written approval of the City; (f) in the City's or the Province's reasonable opinion, the Y's acts or omissions constitute a substantial breach of Y's obligations under this Agreement; or (g) the Y fails to perform any other obligation under this Agreement and such failure to perform continues for ten (10) days following the Y's receipt of written notice from the City or the Province. EM -15- The above rights of termination are in addition to all other rights of termination available at law, or events of termination by operation of law. 11.2 Termination on Notice 11.2.1 The City or the Province reserves the right to terminate this Agreement, without cause, upon thirty (30) days prior written notice to the Y. 11.3 Obligations on Termination 11.3.1 The Y shall, following the giving of a notice of termination by the City or the Province hereunder or upon expiry of the Term, in addition to its other obligations under this Agreement and at law: (a) provide the City with a report detailing: (i) any information requested by Leisure Services pertaining to the provisions and performance of this Agreement. (b) execute such documentation as may be required by the City or the Province to give effect to the termination of this Agreement; and (c) comply with any other instructions provided by the Leisure Services or Common Council. 11.4 Payment upon Termination 11.4.1 Without limiting the generality of Section 11, the Y shall indemnify the City and /or the Province for, and hold the City and /or the Province harmless against, all additional costs, charges and expenses incurred by the City and /or the Province as a consequence of the breach by the Y of its obligations hereunder, including without limitation, all costs incurred by the City and /or the Province in connection with the operation and maintenance of the Centre. 11.5 Rights and Remedies 11.5.1 The express rights of termination in this Agreement are in addition to and shall in no way limit any rights or remedies of the City or the Province under this Agreement or Applicable Laws or otherwise, at law or in equity. 12.0 DISPUTE RESOLUTION 12.1 Dispute Resolution Process -16- 12.1.1 All Disputes shall be resolved in accordance with Schedule 'A" of this Agreement. 12.2 Retention of Rights 12.2.1 No act by the Parties shall be construed as a renunciation or waiver of any rights or recourses provided the Party has given the required notices and has carried out the instructions as provided in this Section 12. 13.0 FORCE MAJEURE EVENTS 13.1 Force Majeure 13.1.1 A Party claiming to be affected by a Force Majeure Event shall, within five (5) Business Days of the Party becoming aware of happening of such an event, give written notice to the other Parties setting out the nature of the event and its expected effect on the Work. 13.1.2 Where a Party is (or claims to be) affected by a Force Majeure Event such Party shall take reasonable steps to mitigate the consequences of such Force Majeure Event upon the performance of its obligations under this Agreement, shall continue to perform its obligations under this Agreement to the extent possible notwithstanding the Force Majeure Event and shall use commercially reasonable efforts to resume performance of its obligations affected by the Force Majeure Event as soon as practical. 13.1.3 No extension shall be made for delay unless notice in writing of a claim is given promptly to the relevant representative of a Party and in no event later than ten (10) Business Days after the commencement of delay, providing however, that in the case of a continuing cause of delay only one notice of claim shall be necessary. 14.0 GENERAL PROVISIONS 14.1 Laws and Notices 14.1.1 The Parties shall comply with Applicable Laws or Change in Laws which are or become in force during the performance of the Services and which relate to the Services, notwithstanding the Applicable Laws or Change in Laws shall not apply retroactively. 14.2 Miscellaneous 14.2.1 Any Party shall transfer or assign this Agreement, without the prior written consent of the City and the Province, which consent will not be unreasonably withheld. In the event that this Agreement is assigned or transferred, the Parties shall continue to be bound by the provisions of this Agreement notwithstanding such assignment or transfer. I -17- 14.2.2 The Parties and each of them shall at all times and from time to time hereafter and upon every reasonably written request to do so, make, do, execute, deliver or cause to be made, done, executed and delivered all such further documents, acts, deeds, assurances and things as may be required to more effectively implement and carry out the true intent and meaning of this Agreement. 14.2.3 A Party (the "Waiving Party ") may from time to time, by instrument in writing and in its sole discretion, waive in whole or in part any default, breach, non - performance or non - observance by the other Parties (the "Obligated Parties ") of any of the covenants or obligations to be observed or performed under this Agreement. Any such waiver may be retroactive but, in any event, shall only apply and extend to the specific matter forming the subject of such waiver, shall only extend to the Waiving Party and shall not otherwise affect or prejudice the right of the Waiving Party to require the due and strict observance or performance by the Obligated Parties of such covenant or obligation thereafter or any other covenant or obligation in favour of the Waiving Party to be observed or performed by the Obligated Parties under this Agreement (including in the case of a partial or limited waiver, the observance or performance of that part of such covenant, or obligation not waived thereby). 14.2.4 Nothing in this Agreement shall be construed as granting permission to any Party to interfere with or relocate any work, utility or service under the jurisdiction of any body, and that such permission must be sought by a Party, as necessary, from the body having jurisdiction over the work, utility or service in question. 14.2.5 Time shall be of the essence of this Agreement. 14.2.6 This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or electronic transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or electronic transmission shall be deemed to be their original signatures for all purposes. EM MR-11 IN WITNESS WHEREOF the City of Saint John has hereto fixed in its corporate seal and caused these presents to be executed by its duly authorized officers in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, and Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Education has caused these presents to be executed as of the day and year first written above. SIGNED, SEALED & DELIVERED In the presence of: Witness L` Witness THE SAINT JOHN YM -YWCA INC. Per: Pat Davis, Pre s' ent and CEO THE CITY OF SAINT JOHN Court, Mayor :. Common Council Resolution: November 23, 2009. HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BR AJNSW1CK H Edu Hache, -19- PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, PAT DAVIS, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President and CEO of the Saint John YM -YWCA Inc., and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of THE SAINT JOHN YM -YWCA INC., is the corporate seal of the said THE SAINT JOHN YM -YWCA INC., a party named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Pat Davis" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed a aforesaid at the City of Saint John in the Province of New Brunswick on the 16 day of February 2010. SWORN TO before me at ) Saint John, in the County of ) Saint John and Province ) of New. Vrunswick ) the day of February ) 2010. ) ) Commissioner of Oaths, ) } Pat Davis, Wesident and CEO TN -20- PROVINCE OF NEW BRUNSWICK COUNTY OF YORK 1 �gc,1,c. ►��. 4C:e�e� , of the City of Fredericton, in the County of York, and Province of New Brunswick, MAKE OATH AND SAY: That the within Instrument was executed by the Honourable Roland Hache, Minister of Education for the Province of New Brunswick. 2. That the signature of "Roland Hache" set and subscribed to the said Instrument is the signature of the said F,oCa,a and was subscribed thereto in my presence. SWORN TO before me at ) Fredericton, in the County of York) and Province of New Brunswick ) the304"' day of- �ry�, ,p ) 2010. �h ) Com issione of Oath ) W166 Pew COMMissioner of Oaths My Commission Expires 1PeCeft -er 31, 2 ak-T il, THIS AGREEMENT made in duplicate this _J� day of 2012. BY AND BETWEEN: The City of Saint John, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly, hereinafter the "City" OF THE FIRST PART - and — The Saint John YM -YWCA Inc., a body corporate, having its head office in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, hereinafter the "Y" OF THE SECOND PART WHEREAS Her Majesty the Queen in Right of the Province of New Brunswick, as represented by the Minister of Education (hereinafter the "Minister") is the owner of the Forest Glen Community Centre located at 651 Westmorland Road, Saint John, New Brunswick (hereinafter "the Centre "); and WHEREAS the City, with the consent of the Minister, has utilized the Centre to provide to the general public recreational, leisure and community services, activities and programs including but not limited to after school programs, breakfast and lunch programs, day -care, summer camps, seniors fitness classes, community seniors club, teen leadership programs, evening community gym activities, dance instruction, and such special community rentals, e.g. baby showers and birthday parties (hereinafter the "Program "); and WHEREAS the City has determined that the providing of the Program at the Centre can best be carried out by the Y; and WHEREAS the Y has entered into an agreement with the Minister to occupy the Centre for the purposes of providing child care services and recreational programs for the community; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein from and including January 1, 2012 to and including December 31, 2012, the Y shall provide the Program at the Centre for the general public upon the following terms and conditions: Obligations of the Y 1. The Y shall: :• Page 2 (a) provide the Program in a timely and competent manner; (b) hire, train and supervise competent staff and volunteers to carry out the Program; (c) designate, from time to time, staff who shall respond to any and all alarms and telephone calls from security providers; (d) conduct a survey to determine the needs of the community and modify programs and services as community needs change; (e) provide free and drop -in programming as per the Y Proposal dated October 1, 2011 and attached hereto as Schedule "A "; (f) at its sole cost, obtain and keep in force commercial general liability insurance for claims for damages from personal injury including death, and for claims from property damage which may arise under this Agreement, which coverage shall have an inclusive limit of not less than Five Million Dollars ($5,000,00.00) for each occurrence, and which insurance shall also include the following: (i) the City as an additional insured; and (ii) a cross - liability clause. The Y shall provide a certificate of insurance to the City evidencing such insurance coverage. (g) pay all costs associated with maintenance of the Centre and day to day operation thereof, including but not limited to energy consumption, custodial staff, service staff and equipment; (h) determine the quantity of custodial work required to maintain the Centre. Obligations of the Citv 2. The City shall: (a) pay to the Y during the term of this Agreement as follows: • the sum of Thirty -One Thousand Five Hundred Dollars ($31,500.00), inclusive of HST if applicable, on January 1, 2012; and • the sum of Thirty -One Thousand Five Hundred Dollars ($31,500.00), inclusive of HST if applicable, on July 1, 2012; (b) designate, from time to time, a City employee who shall serve as liaison between the Y and the Leisure Services Department of the City; (c) provide to the Y, at the discretion of the City, limited free advertising in City publications. M General Page 13 Notices 3. Any notices under this Agreement shall be given, in the case of: a) the City to: The City of Saint John Attention: The Common Clerk 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 b) the Y to: The Saint John YM -YWCA Inc. 130 Broadview Avenue Saint John, NB E2L 5C5 Attention: Executive Director Termination 4. (a) Either the City or the Y may, upon thirty (30) days written notice to the other, terminate the Agreement to provide the Program at the Centre provided always that the Y shall reimburse the City any unexpended portion of the grant amount paid by the City to the Y. The reimbursement shall be paid by the Y to the City within ten (10) days of the termination of this Agreement. Notwithstanding termination, the obligation of the Y to reimburse the City set forth in this clause shall survive the termination of the Agreement and shall remain in full force until discharged; (b) This Agreement automatically terminates upon termination of the Lease Agreement between the Minister and the Y to occupy the Centre. Upon such termination, the Y shall immediately reimburse the City any unexpended portion of the grant amount paid by the City to the Y. Notwithstanding termination, the obligation of the Y to reimburse the City set forth in this clause shall survive the termination of the Agreement and shall remain in full force until discharged. Assignment 5. This Agreement is not assignable by a party without the prior written consent of the other party to this Agreement. Any attempt to assign any of the rights, duties or obligations of this Agreement without written consent is void. Non - Performance 6. The failure on the part of either party to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 91 Page 14 Remedies 7. Upon default by either party under any terms of this Agreement, and at any time after the default, either party shall have all rights and remedies provided by law and by this Agreement. 8. No delay or omission by either party in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, either party may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of each party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Reference to Prior Agreement 9. This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the providing of the Program at the Centre. Amendments 10. No change or modification of this Agreement shall be valid unless it be in writing and signed by each party. Validity and Interpretation 11. Descriptive headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 12. It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Governing Law 13. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Independent Legal Advice 14. The parties each acknowledge.having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Successors and Assigns 15. This Agreement shall enure to the benefit of and be binding on the respective successors and assigns of each of the parties. 92 Page �5 IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED in the presence of: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: December 19, 2011 THE SAINT JOHN YM -YWCA INC. 93 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, - 11 U baULc C jC , of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the C1 C0 of The Saint John YM -YWCA Inc., a body corporate, having its head office in the City of Saint John aforesaid, one of the parties named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of The Saint John YM -YWCA Inc., is the corporate seal of The Saint John YM -YWCA Inc. named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature " " subscribed to the said instrument is the signature of ��I �(� (,� -�/� the Cjt�- of the said The Saint John YM -YWCA Inc., and the signature " is my signature, and myself as" and as C. is c0 are duly authorized to execute the said instrument. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this i; day of "i (-- 52012. 6L I Z'i (2,% Cc. Commissioner of Oaths a Solicitor *O"N LA RUSIC COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31, 2015 ., V. Kevin Watson Recreation & Neighborhood Support Manager City of Saint John PO Box 1971 Saint John, NB E2L 4L1 October 29, 2014 Dear Mr. Watson, RE: Service Agreement - Millidgeville Community Centre YMCA of Greater Saint John 130 Broadview Avenue Saint John, NB E2L 5C5 506 - 693 -9622 Please accept this letter as the YMCA of Greater Saint John's request to exercise the two year renewal clause to the above noted contract. According to subsection 2.1.3 of the agreement, the terms and conditions are set to expire on December 31, 2014 unless renewed by Common Council prior to March 1, 2015. We understand that in the event Common Council renews this agreement for the contract years 2015 and 2016 that the renewal agreement shall fully end and expire at midnight on the 31St day of December, 2016. The YMCA values this partnership and we would like to thank the City of Saint John for their continued support and confidence. Together we have accomplished great things. We look forward to the next two years and building upon past accomplishments. Should you have any questions please do not hesitate to contact me. I look forward to your response. Yours truly, Shilo Boucher, CPA, CA President and CEO Building �Ie-Od i-,y c.ommunifies lv Kevin Watson Recreation & Neighborhood Support Manager City of Saint John PO Box 1971 Saint John, NB E21, 4L1 October 29, 2014 Dear Mr. Watson, RE: Service Agreement - Forest Glen Community Centre YMCA of Greater Saint John 130 Broadview Avenue Saint John, NB E2L 5C5 506 - 693 -9622 Please accept this letter as the YMCA of Greater Saint John's request to exercise the two year renewal clause to the above noted contract. According to subsection 2.1.3 of the agreement, the terms and conditions are set to expire on December 31, 2014 unless renewed by Common Council prior to March 1, 2015. We understand that in the event Common Council renews this agreement for the contract years 2015 and 2016 that the renewal agreement shall fully end and expire at midnight on the 31St day of December, 2016. The YMCA values this partnership and we would like to thank the City of Saint John for their continued support and confidence. Together we have accomplished great things. We look forward to the next two years and building upon past accomplishments. Should you have any questions please do not hesitate to contact me. I look forward to your response. Yours truly, / ��o % :� Shilo Boucher, CPA, CA President and CEO 6uildin5lIealNy c.ornmunifies 5 RIEFORT T.G. COQ ITIVIG N COUNCIL M & C — 2015 - 24 February 11, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services Westgate Park — PID # 551.52292 BACKGROUND City of Saint John There is an existing storm water drainage channel in Westgate Park that transects PID # 55152292 and other parcels of land. Over time this channel has silted and overgrown resulting in diminished flow capacity, and therefore needs to be dug out in order to improve drainage in this area. The owner of PID # 55152292 is willing to grant the City easements and rights in and through a +/- 1,704 square metre portion of its' land, allowing the required work to be done; now and in the future. Staff have, subject to Common Council approval, negotiated an agreement with Ellerdale Investments Ltd. that would result in the City acquiring the easements & rights described above for the price of $1,350.00 (+ HST if applicable). This price represents fair market value. A copy of the agreement document is attached to this letter. RECOMMENDATIONS That The City of Saint John acquire from Ellerdale Investments Ltd., Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services on, over, in, through, within and under lands bearing PID # 55152292 for $1,350.00 (+ HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M &C 2015 - 24; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 97 M & C — 2015 —24 Easements PID # 55152292 Ellerdale Investments Ltd. -2- February 11, 2015 Respectfully submitted, Paul Wilson, BBA Real Estate Officer PWW /p CGA. MBA and Administrative Services Brian Irving, BBA Manager 4al Estate Pad' k Woods, CGA City Manager y / Description of Plan: Westgate Park Area N PID: 55152292 Easements from Ellerdale Investments Ltd. PAN: 5244748 Date: 11 February, 2015 AN AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser easements and rights in a portion of the Vendor's Lands bearing PID # 55152292 as hereinafter set out upon the following terms and conditions: Vendor: ELLERDALE INVESTMENTS LTD 1190 Fairville Boulevard, Saint John, NB E2M - 5T7 Attention: John Rocca Purchaser: THE CRY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21_41_1 Attention: Common Clerk Conveyance: Easements in a portion of PID # 55152292 Comprising 1,704 sq. m. +/- Designated "20.0 metre wide Easements for Collection and Drainage of Surface /Storm Waters & for Municipal Services" on a Survey Plan (tentative) dated January 29, 2015 by Andrew K. Toole, NBLS #379, Dwg: 14166SP — Sheet 1 (hereinafter called "Real Property ") (photo - reduced copy of said Survey Plan (tentative) attached hereto). Purchase Price: $1,350.00 + HST if applicable Deposit: $ 1,000.00 payable upon adoption of Common Council Resolution Balance: $ 350.00 on Closing Closing Date: On or before May 29, 2015. 1. The Purchaser shall acquire from the Vendor: (a) easements and rights at the cost, risk and expense of the Purchaser by its officers, servants, agents, contractors and workers to enter the Real Property, at all times and from time to time with machinery, materials, vehicles and equipment (1) to permit the collection and /or drainage of naturally occurring surface and /or storm water on, over, in and through the Real Property; (ii) to construct, alter, maintain, inspect and repair trenches, cuts, ditches and like artificial water channels to permit the collection and /or drainage of naturally 1 100 Agreement of Purchase and Sale flierdafe Investments Ltd. and The City of Saint John occurring surface and storm water on, over, in and through the Real Property; (iii) to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal work including all related works appurtenant thereto in, within and under the Real Property, promptly restoring as far as is practicable the surface of the Real Property to the same condition as it was prior to the commencement of the work or excavation; and (b) the right by action or otherwise at any time to enjoin the Vendor and any administrators, successors and assigns of the Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free or full use of the said easements and rights or permitting the erection or location upon the Real Property of any such building, structure or other obstacle. 2. The Purchaser may examine the title to the Real Property at its own expense until the Closing Date. if within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest. 3. The Vendor shall deliver to the Purchaser in a timely manner in registerable form any postponement(s) and /or discharge(s) or partial discharges of any encumbrances which the Purchaser, at its discretion, may require. a. (i) The Purchaser shall, at its cost, obtain any Plan(s) of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall contribute $500.00 + HST for legal fees expended by the Vendor to finalize the conveyance contemplated herein; and (iii) The Purchaser shall pay for registration & filing fees at SNB for the plans, postponements, and any discharge(s) or partial discharges of mortgage(s), debenture(s), or other encumbrances. S. The Vendor shall, at its expense, terminate all leases with respect to the Real Property such that the Purchaser will have vacant possession of the Real Property on the Closing Date. 5. In the event the Purchaser defaults in the purchase contemplated by the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages, and the Vendor shall have no further or other recourse against the Purchaser. 2 101 Agreement of purchase and Sale Ellerdale investments Ltd. and The city of SaintJohn 7. This offer shall be irrevocable by the Vendor until4:00 p.m. local time on March 31, 2015 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. This offer when accepted shall he read with all changes of gender or number required by the context shall be binding upor the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 4. AND FURTHER, the parties agree that, upon acceptance by the Purchaser, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Real Property at any time provided such right is exercised with as little disturbance as possible to the Vendor for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the City of Saint John storm sewerage system, including but not limited to the widening and deepening of the existing storm water drainage ditch; b) Any entry to, in and upon the Real Property shall require 48 hours prior written (e -mail) notice to the Vendor at n6rocca @nb.aibn.com; c) Any entry by or on behalf of the Purchaser shall be at its cost, risk and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all liability and damages arising by reason of the Purchaser exercising its right of access granted by this clause. IN ITN 5 WHEREOF the Vendor has caused these presents to be executed this y day of 2015. Witness Witness 102 ELLERDALE.INVEST EKTsJ ;Jn, Per: Per: 3 Agreement of Purchase and Sale Ellerdale Investments Ltd. and The City of Saint John AND the Purchaser has caused these presents to be executed this day of . 2015. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 103 NB Grid Coordinate Values aiM � er«wre a.wYr S Ze77et37373e�lare iroe..n e 2128ta128 Tear2ee]n Farnwe 7 252e74571e7 Tae ®lM E—Z e 73M167.[T 7]90LB.7/1 fa�xned e ZS2871RW7 7�-®s fu�rN 1e 7a2 MW7 7aee776d4a B�rrr1 it 25297el417 77e0aiaaal ta.crni 17 76aW-W 73M7CL771 iwr.d 14 25257=21677e0Y77AW �mwrt iy 4 75 252wm717 73DW4.M E—.m r 77A ZoIrIAM lrbs 7 w Pimps 7M e73 738®4.788 MOM Gar Oele rt0.> 14588 Z7f•M MAZ 7a888012a Ilm:V7+088 Nr ~b GM 4111 74!87 252MARO 7a8DIX am W,N C7 77381 '�'a/gry � 104 Key Plan anl. - r:cmcm Legend O aw- e.r.d.w.rm.lw ri ® ndF - euadydaurv,yw,.rYw b.wd O wu,t -d2,W Wd r.Fa • we- aamraanne..wad ■ eoe_e9ae•isnMkued pw_la ly.rean7 L6r8bd aoe�� mAmise LrW MNI aMEfed� rVn Notes 1. 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Survey plan Shord : Easement in Favor of The City of Saint John East o(Downsview Drive Saint John, Saint John County, N8 a� er. -nm t r �• � PROCLAMATION WHEREAS: The right to pursue the truth through free inquiry is essential to democratic decision - making; and WHEREAS: The freedom to read is the essence of free inquiry; and WHEREAS: Whereas the freedom to read is under assault from left and right in our society; Therefore be it resolved that Saint John Common Council recognizes, reaffirms, and defends the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this resolution, this Council, on behalf of the citizens of Saint John, proclaims this city henceforth a Freedom to Read Zone in which the freedom to read is inviolable; NOW THEREFORE: I, Mayor Me Norton, of Saint John do hereby proclaim February 22nd until February 28th, 2015 as Freedom to Read Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 105 AWARDS 2014 106 HERITAGE DEVELOPMENT BOARD Bob Boyce - Chair Patrick McCaffrey - 1St Vice Chair Elizabeth McGahan - 2nd Vice Chair Donna Reardon - Councilor Chris Boudreau Shane Goguen Gordon Hewitt Bob McVicar Scott Rinehart 107 F� moo. t 2014 HERITAGE AWARDS PRESENTED BY: NT JOHN CITY OF SAINT JOHN COMMON COUNCIL SAINT JOHN AND THE HERITAGE DEVELOPMENT BOARD FEBRUARY 16TH, 2015 DNA 2�1 And the Winners Are ... 110 MASONRY FACADE PRESERVA l iC)N I PkINC;ESS STREET - DENISE DOW 111 I PRINCESS STREET Denise Dow Brick Masonry: Daniel Gallant & Sons Sandstone Masonry: Avi Miller Start: Spring 2014 End: Summer 2014 0 'i 1 I � lei 112 113 b r.� I ti ,)Sir 114 law!l FA f. BEFORE AFTER I U l� F I PRINCESS STREET - DENISE DOW 115 FZESIDENTIAL FACADE PRESERVATION 24 QUEEN STREET - MICHAEL & SUSAN WALLACE 116 24 QUEEN STREET Michael & Susan Wallace Siding repair and Paint: Ting Painting Ltd., William Leaman Start: Summer 2013 End: Fall 2014 117 1,1 I If -A 118 AFTFR 119 24 QUEEN STREET - MICHAEL & SUSAN WALLACE 120 KESIDENTIAL FACADE PRESERVATION 159- 161 ORANGE STREET - CARL KILLEN 121 159 -161 ORANGE STREET Carl Killen Siding repair and paint, wood construction: Manchester Enterprises Ltd., John Belding Start: Spring 2014 End: Fall 2014 122 123 l - 1�it v llu 124 17 BEFORE 159 -161 ORANGE STREET - CARL KILLEN 125 It tZESIDENTIAL FACADE PRESERVATION 260 PRINCE WILLIAM STREET -CHRIS MURRAY 126 260 PRINCE WILLIAM STREET Chris Murray Siding & Trim Paint: Chris Murray Start: Summer2013 End: Summer2014 127 128 BEFORE A,FTE 260 PRINCE WILLIAM STREET - CHRIS MURRAY 129 RESIDENTIAL FACADE PRESERVATION 160 SYDNEY STREET - ERIC & MICHELLE FALKJAR 130 160 SYDNEY STREET Eric & Michelle Falkjar Brick Masonry: Mitchell Masonry, Richard Mitchell Cornice Restoration: Dowd Roofing Inc., Peter White, Miles Arbeau and Adam Brannen Start: Summer 2013 End: Summer 2014 131 132 ♦ W7,1 ^ tr "� ' l I 1 133 BEFORE AFTER 160 SYDNEY STREET - ERIC & MICHELLE FALKJAR 134 RESIDENTIAL FACADE PRESERVATION 266 LANCASTER AVENUE- CAROLYN LAWTON 135 266 LANCASTER AVENUE Carolyn Lawton Painting: Robert O'Neill Wood repair : Black River Woodworking Labour: George Poitras Start: Summer 2013 End: Fall 2014 136 �1 137 a 138 BEFORE e 1 I I R - AFTER 266 LANCASTER AVENUE - CAROLYN LAWTON 139 COMMERCIAL STOREFRONT REHABILITATION 45 GRANNAN STREET- PORT CITY ROYAL 140 45 GRANNAN STREET Port City Royal Owner: Derek Billingsley Tenant: Jakob Lutes Contractor: Elevation Contractors, Jonathan Dutra Design: Acre Architects Inc. Start: Spring 2014 End: Summer 2014 141 r 4v- -4 I a Y y 142 144 I �a�04 �Y r T. BEFORE 45 GRANNAN STREET 145 AFTER 45 GRANNAN STREET - PORT CITY ROYAL 146 45 GRANNAN STREET - PORT CITY ROYAL 147 I A� A' A'' r r I� COMMERCIAL STOREFRONT RESTORATION WINDOWS 87 -91 PRINCESS STREET- HISTORICA DEVELOPMENTS INC. 148 89 -91 PRINCESS ' TPRP`M Historica Developments ip(- Wood Window Restoration: Chapel Grove Woodworking Inc Dave Dupuis Start: Summer 2014 End: Fall 2014 149 150 FAA 151 _ �ifL' -rte -- �.. :.,.. - ✓"' ""'�► BEFORE 89 -91 PRINCESS STREET 152 - J AFTER 89 -91 PRINCESS STREET 153 2014 HERITAGE AWARD RECIPIENTS FEBRUARY 16TH, 2015 SAINT JOHN 154 MASONRY FACADE PRESERVA i luN 1 PRINCESS STREET DENISE DOW, AVI MILLn, DANIEL GALLANT & SONS RESIDENTIAL FACADE PRESERVATION _= -- - - -- - - - - - -- -- - 24 QUEEN STREET MICHAEL & SUSAN WAN'ACE, TING PAINTING LTD. KESIDENTIAL FACADE PRESERVATION 159- 161 ORANGE STREET CARL KILLEN, MANCHESTft ENTERPRISES LTD. RESIDENTIAL FACADE PRESERVATION 260 PRINCE WILLIAM STREET C H RI J'�4 U RRAY RESIDENTIAL FACADE PRESERVAI IuN 160 SYDNEY STREET - ERIC & MICHELLE FALKJAR 159 RESIDENTIAL FACADE PRESERVATION 266 LANCASTER AVENUE Carolyn Lawton, George timitras, Robert O'Neill, and Black River Woodworking COMMERCIAL STOREFRONT REHABILITATION 45 GRANNAN STREET- PORT CITY ROYAL 161 I A� A' A'' r r I� COMMERCIAL STOREFRONT RESTORATION WINDOWS 87 -91 PRINCESS STREET- HISTORICA DEVELOPMENTS 162 �SNNT IOHN Preserving Past. Honoring Present. Embracing 163 FRSC CSRF FUND�YIiION MISSO DE SWCES SERVICE C0L REGKNMIK DE RJNUf 4m Request to Develop a Single Police Service Delivery Model A DISCUSSION WITH THE MAYOR AND COUNCIL CITY OF SAINT JOHN FEBRUARY 16, 2015 on Framing the Discussion -U-- To have the Executive Director thoroughly investigate the cost to have policing services provided by the Saint John Police Force for the Fundy Regional Services Commission region as a whole as well as individual communities without incurring additional costs (.. for the research and report) and bring a report back to the Board for review." What were we asked to do? What will we discuss tonight? MW W il February 16, 2015 165 it Q Drivers of Change IC.-O\ --A Economics of Policing- the 2013 study Public Expectations /Complexity /Quality of Service Sustainability /Future Costs �. r Mitigate /Avoid Costs ��W, on The Provincial Landscape NB Police Act Provisions on Current Policing Models -Fundy Region The Single Service Provider Model Option Potential for Other Options 167 Understanding the Risk FRSC leadership Collaboration and Partnerships Trust and Respect Assessing Risk through Analysis .: P on Assessing Risk POTENTIAL RISK PROBABILITY CAN IT BE CONTROLLED? High Medium Low Yes No Commitment • Do the stakeholders see the need to change x x • No political support x x • No or little support from Police Commissions x x • No engagement with the public x x • No consultation with respective unions x x • No consultation with senior management x x • No consultation with employees /members x x Union Contracts Infrastructure Organizational culture x Resources 169 on Methodology February 16, 2015 Yes No 1 Consensus among FRSC members on the desired and expected outcomes 2 Establishment of and report from a stakeholder committee Completion of the comprehensive study and 3 identification of a recommended service delivery model Consideration of and consensus on, 4 consultant's recommendation by FRSC and member communities 5 Preparation of and initiation of implementation plan February 16, 2015 on The Process Best practice review Review operations- all partners; data analysis Analysis of financial /budget issues Review of facilities; management, administrative and governance practices Consultation process- internal Consultation process - external public Identify legitimate options: 4 -6 is the norm No presumption of outcome February 16, 2015 on Conclusions Opportunity for the Fundy Region Costs of Protective Services Escalating Inherent Risks with Single Provider Model Standard, Systematic, Inclusive Methodology Numerous Alternatives; No Presumptions V O O U Request to Develop a Single Police Service Delivery Model FUNDY REGIONAL SERVICE COMMISSION F R§C CS F FUNOY GIONAL CQMIMISSION DE SERVICES SERVICE COMMISSION REGIONAUX DE FUNDY January 21, 2015 173 it TABLE OF CONTENTS EXECUTIVESUMMARY ............................................................................................. ..............................i 1.0 INTRODUCTION ................................................................................................ ..............................1 2.0 METHODOLOGY ................................................................................................ ..............................2 3.0 A SERVICE DELIVERY MODEL FOR POLICING ......................................... ..............................3 3.1 Background .............................................................................................. ............................... 3 3.2 Saint John Police Force as Single Service Provider .................... ............................... 4 4.0 MOVING FORWARD ......................................................................................... ..............................9 4.1 Understanding the Desired Outcomes ............................................ .............................10 4.2 Engaging the Stakeholders ................................................................. .............................11 4.3 Undertaking a Comprehensive Study ............................................. .............................12 4.4 The Process in Summary ..................................................................... .............................13 5.0 CONCLUSIONS .................................................................................................. .............................14 APPENDIXA .............................................................................................................. .............................15 APPENDIXB .............................................................................................................. .............................21 REFERENCES............................................................................................................ .............................28 174 it EXECUTIVE SUMMARY Since the early 1990's there have been three studies - Grant (1992), Cormier (1997) and Finn (2008) - that have recommended the regionalization of policing services within the Province of New Brunswick. In the late 1990's, as a result of changes to the Police Act, there were a number of communities who disbanded their police forces and opted for a service delivered by the RCMP. Through co- operation and collaboration there are examples where the three police forces serving the Fundy Region share, contract for or have integrated services, resulting in efficiences and cost - savings. Otherwise, there has been minimal change in how police services are delivered in the region over the past fifteen years. The success of the co- operation and collaboration among the three forces may signal an opportunity for a broader view of service delivery options. The Fundy Regional Service Commission (FRSC) approved the following resolution at its meeting on May 27, 2014: "To have the Executive Director thoroughly investigate the cost to have policing services provided by the Saint john Police Force for the Fundy Regional Services Commission region as a whole as well as individual communities without incurring additional costs (... for the research and report) and bring a report back to the Board for review." Initial steps, including the approval of a Terms of Reference for the proposed study and the distribution of a questionnaire to the various stakeholders was completed by early August, 2014. Responses received coupled with comments from members of the Commission indicated limited support for the initiative. While the essence of the Commission's resolution - to review alternative service delivery models for policing - is very valid, selecting only one of the providers to develop and propose a model was counter to the recommendation of the Grant Report that: "no government should act on my recommendations on (general policing arrangements in New Brunswick) without first engaging in detailed consultation with the affected parties." 1 Further, there are a number of inherent risks in allowing only one provider to present options for service delivery, including the requirement for that provider to invest time and resources towards an initiative with uncertain outcomes. 1 Policing Arrangements in New Brunswick: 2000 and Beyond. Professor Alan Grant, March 1992, page 2 175 it There are a number of recent studies concerning the rising costs of policing - a trend deemed by some to be unsustainable and one that is expected to continue to impact all communities. Governments at all levels are dealing with this concern - both in Canada and internationally - and have recognized the need to review and consider alternative service delivery models. In this context, the FRSC 's initiative is a valid opportunity to evaluate the alternative police service delivery models in the Fundy Region - one that warrants continued leadership, conversation, discussion and study. Experience shows that changing the model is largely a political decision. However, many other regions across Canada have undertaken similar studies using an industry standard methodology and subject matter expertise that incorporates consultation, consensus building, stakeholder participation, an in depth review and evaluation of existing services and development of options for alternative service delivery models. It has been estimated this would require an investment of $100,000. The review should provide the region and municipalities, districts and the province with a comprehensive and thorough analysis of the issues such that the respective councils will be fully apprised of the background to policing strategies, the current and prospective processes of management and administration, and the important role of oversight to ensure effective and efficient community based policing combined with intelligence -led policing principles in any future model. Finally, the outcome of the review should not presume nor preclude a change in the policing agency of choice in the region. Rather the review should firstly define the plan considering the legislative, governance and personnel issues, and secondly, delineate criteria and processes to ensure the policing service fully meets the service and governance expectations of the region, and provides evidence of advantages and challenges of each option. As well, a review must examine the legislative requirements and processes for change and the potential range of police service delivery models that are available to the Fundy Region. 176 it 1.0 INTRODUCTION The Fundy Regional Service Commission (FRSC) approved the following resolution at its meeting on May 27, 2014: " To have the Executive Director thoroughly investigate the cost to have policing services provided by the SaintJohn Police Force for the Fundy Regional Services Commission region as a whole as well as individual communities without incurring additional costs (... for the research and report) and bring a report back to the Board for review." Subsequently, at its meeting on June 03, 2014, the Saint John Board of Police Commissioners considered the Commission's recommendation and authorized the Chief of Police to work with the staff of the Commission to develop a Terms of Reference (TOR) for the review and report. The TOR were approved at the Board's meeting on July 02, 2014. (Appendix A). A budget of $10,000 was allocated by the FRSC. BGT Consultants Inc. was engaged to provide information for future discussions on alternative police service delivery models. In order to gather information on the current policing environment within each community, a questionaire was developed and delivered to various stakeholders in the Fundy Region. (Appendix B) . BGT analyzed the questionnaire responses - to ensure the quality of the information was sufficient to assist the Saint John Police Force (SJPF) to develop a policing model. BGT also prepared a comment on the process of having the Saint John Police Force offer their services to other communities within the region. The purpose of this report is to: 1. Review the responses received to the questionaire and discuss the potential for a single service delivery model for policing services. 2. Provide an overview of the approach utilized within the policing sector when considering regionalization of services. 3. Recommend a path forward for considering alternative models for delivery of policing services within the region. It is not the purpose (nor the intent) of this report to propose or to advocate for a specific service delivery model for policing within the Fundy Region. Page 1 177 it 2.0 METHODOLOGY Representatives of BGT met with the Executive Director of the FRSC and the Chief of the Saint John Police Force to discuss and better understand the intent and purpose of the resolution passed by the FRSC on May 27th, 2014. Further, the participants reviewed and discussed the Terms of Reference: Policing Services Report prepared by the FRSC and the SJPF, as well as the responses to the questionnaire distributed in August 2014. BGT also had discussions with individuals who have been actively involved with the review of regionalization opportunities in British Columbia and who have been involved in similar studies in Ontario, New Brunswick, and Nova Scotia. This included the 2011 study on policing in Moncton and the processes leading to the regionalization of services in the Halifax Regional Municipality. BGT reviewed the 1992 Grant Report on policing arrangements in New Brunswick and the 2010 Finn Report on the organization of local government in New Brunswick, as well as the relevant sections of the New Brunswick Police Act. A number of other relevant studies on regionalization of municipal police service delivery in Canada and in the United States were reviewed. The economic realities of operating a modern police force are a continual source of review and study. BGT accessed and reviewed a number of these studies including a March 2014 report on the economics of policing prepared by the Collaborative Centre for Justice and Safety at the University of Regina. Page 2 178 3.0 A SERVICE DELIVERY MODEL FOR POLICING 3.1 BACKGROUND Since the 1990's there have been at least two studies in New Brunswick that have considered the structure and operation of policing: 1. In March 1992, Professor Alan Grant issued the report Policing Arrangements in New Brunswick: 2000 and Beyond. The report contained fifty -one (51) recommendations organized into three phases: planning, legislation, and implementation. Professor Grant proposed one regionalized police grouping could be Saint John, Rothesay Regional, Grand Bay and Mispec, or about 240 regional police positions.2 2. In November 2008, Jean Guy Finn released the report Building Stronger Local Governments and Regions. The report included the following recommendation: "It is recommended that policing become a mandated service (planned, organized and delivered on a regional basis) once the plan has been developed through the regional service district. It is further recommended that this plan be developed building upon the main recommendation contained in the Grant Report. It is also recommended that an integrated regional approach to policing services be implemented within two years of the establishment of the regional service district. At that point and time, present inter - municipal police commissions, where they exist, should be dissolved. "3 While the Grant and Finn reports focused provincially, in February 1997 the report - A Community of Communities - Local Government Options for Greater SaintJohn - was released. Its purpose "was to study local government in the greater SaintJohn area and look at the feasibility of consolidating through amalgamation, annexation or formalized regionalization of services. "4 The report made a number of recommendations related to the delivery and governance of protective services including the establishment of a Protective Services Commission responsible for all fire, police and related services within the region. The Province of New Brunswick, through its Police Act, outlines the police service delivery options available to a community. These include: Z Policing Arrangements in New Brunswick: 2000 and Beyond. Professor Alan Grant, March 1992, page 128 3 Building Stronger Local Governments and Regions; An Action Plan for the Future of Local Governments. Jean Guy Finn, Commissioner, November 2008, page 107 4 A Community of Communities: Local Government Options for the Greater SaintJohn Area. E. F. (Skip) Cormier, Commissioner. February 1997, page 32 Page 3 179 • the establishment of a municipal police force (s. 4.1) • an agreement with another municipality for the employment of its police force (s. 4) • an agreement with the Government of Canada for the policing of the municipality by the RCMP (s. 4a) • with the Lieutenant - Governor in council for the policing of the municipality by the RCMP (s. 4a) • a regional police authority (s.17.01) In the mid- 1990's, the province introduced new Policing Standards that required police forces to meet minimum requirements in many operating and functional areas. This resulted in many municipalities choosing to disband their forces and to contract with the RCMP. There are currently nine municipal and regional police forces in the province. In the Fundy Region, there have been some positive changes in how police services are delivered, developed through co- operation and collaboration, resulting in improved quality and efficiency while reducing costs to the partners. Some of the changes and initiatives include: contracted Public Safety Communication Services (PSCC); provincially funded Regional Integrated Intelligence Units (RIIU); contracted Emergency Tactical Services (ETS); and shared Integrated Street Crime Enforcement Unit (SCU). While the changes and initiatives have been minimal in comparison to the recommendations to move to a fully operational regional service delivery model, there is an opportunity to utilize these success stories as a basis for discussions around a more robust regional /consolidated service delivery model. 3.2 SAINT JOHN POLICE FORCE AS SINGLE SERVICE PROVIDER The current proposal, as outlined in the Terms of Reference, is for the Saint John Police Force to develop a model that would have it provide policing services to the entire Fundy Region or to individual communities who choose to change from their current police service. In October 2010 the Saint John Board of Police Commissioners approved a Regionalization Policy. The details of this policy statement are outlined in Section 2 of the Terms of Reference. It is assumed that the rising costs of protective services was one of the key factors in the decision to explore options for the delivery of policing services. This concern is supported by a recent Canadian study The Economics of Canadian Policing prepared by the Collaborative Centre for Justice and Safety (CCJS) in which the Federation of Canadian Municipalities call the rising costs of policing "unsustainable ". 5 However, the CCJS report s The Economics of Canadian Policing Five Years into the Great Recession. R. Ruddell & Nicholas A. Jones; Collaborative Centre for Justice and Safety, University of Regina, March, 2014 page 1 Page 4 :1 also points out that funding for Canadian policing is more stable than many other English speaking nations including the United States and United Kingdom. "Given funding shortfalls police leaders are being forced to rethink the manner in which services are delivered, who will deliver them and how to best manage cuts to police budgets without threatening core policing services." 6 As the first step in developing the single police service delivery model as outlined in the FRSC resolution of May 27th, 2014, and to better understand and evaluate the current environment, a questionnaire (Appendix B) was prepared and distributed in August, 2014. (It was anticipated further information gathering and meetings with stakeholders would be required). Response to the questionnaire by late September was requested. Questionnaire responses were received from the Kennebecasis Joint Board of Police Commissioners and from a representative of the RCMP for those municipalities and Local Service Districts it serves. It should be noted that no direct input was received from the representatives of the communities served by the RCMP; follow -up discussions would be required with them. The information provided was a reasonable start in the information gathering process. However, in a number of cases, the quality (level of detail) of information is inadequate and would require expansion, clarification and a detailed analysis of the data provided. From the responses received, and from the public comments attributed to members of the FRSC, there is questionable commitment to the concept of an alternative service delivery model for the region. The chairman of the Kennebecasis Board stated in his letter accompanying their response: "It should become somewhat clear that there is no interest to alter our current policing arrangement in favour of a service offered by the Saint John Police Force": Regionalization of policing services in the Greater Vancouver region has been a subject of discussion, review, and study for many years. It is the last remaining major metropolitan area in Canada without a regionalized police service. In a discussion paper prepared for the Chief Constable of the Vancouver Police Service in February 2008, the following three questions were deemed to be important concerning the region's current policing arrangements:? 6 lbid, page 2 7 Options for Service Delivery in Greater Vancouver Region: A Discussion Paper of the Issues Surrounding the Regionalization of Police Services. Planning, Research and Audit Section, Vancouver Police Department. February 2008, page 9 Page 5 181 • Do the current arrangements facilitate the delivery of effective and efficient police services? • Do the current arrangements provide police services with the optimal ability to prevent and respond to crime? • Would the adoption of a different police service model, including creation of a new regional police service, address the significant issues and challenges that currently surround police service delivery? While the questions are for the Vancouver context, in today's environment of rising costs and questions about sustainability of police services (along with other government services) they are valid to any region evaluating or considering alternative service delivery models. It is suggested that these questions are worthy of further review and consideration by the FRSC. However, requesting only the Saint John Police Force, to prepare a model, without considering other options, will not provide satisfactory responses. Simply changing the service provider to a portion of the region - i.e. from the RCMP to the SJPF - will not effectively address the questions nor the opportunities recommended by the Grant and Finn reports. The potential of the Saint John Police Force to offer services to other individual communities within the region, while possible, may not be practical nor economically viable, depending upon the location of that community. For example, for the SJPF to travel through the Town of Grand Bay - Westfield- served by the RCMP- to provide service to a resident of the Kingston Peninsula, is not considered to be practical delivery approach. Further, the Force could expend significant time and effort developing a model that ultimately cannot be effectively and efficiently implemented without the agreement of a key community - in this example, the Town of Grand Bay - Westfield. The request to have the SJPF identify a lone service delivery model for the Fundy Region has inherent risks. These include risks associated with not undertaking nor following a best practice process for the development of a police service delivery model that would negatively impact the outcome. This is further illustrated in TABLE 1. Page 6 182 TABLE 1 Example of Risks Associated with a Review of a Service Delivery Model POTENTIAL RISK Probabili Can it be Controlled? High Medium Low Yes No 1. Commitment • Do the stakeholders see the need to change x x • No political support x x • No or little support from Police Commissions X x • No engagement with the public x x • No consultation with respective unions X x • No consultation with senior management X x • No consultation with employees/members x x 2. Union Contracts • No parity in salaries x x • Differences in pension plans x x 3. Infrastructure • Radios stem compatibility x x • Computer system compatibility x x • Communications centres x x • Policies, procedures and processes x x 4. Organizational culture x 5. Resources • Start -up funds - accurately defined X x • Unrealistic budget reduction targets X x • Unrealistic staffing reduction targets X X Finally, the current proposal to have the Saint John Police Force develop a regional or local service delivery model for providing its services, does not consider the magnitude of the time and effort required, nor does it allocate adequate funding. For example in 2007 the Halifax Regional Municipality expended over $120,000 for a review of its police service delivery options. In 2011, the City of Moncton incurred similar costs when considering alternatives to the RCMP delivery model. Page 7 183 Based on similar projects conducted by experienced consultants in a variety of jurisdictions across Canada, it is estimated a comprehensive study for the Fundy Region would cost in the range of $100,000.00. This an estimate that would be affected by factors such as the required breadth /inclusiveness of the stakeholder input, travel to and within the region and the proposed complexity of tasks not limited to data analysis. This is significantly greater than the budget of $10,000 allocated by the FRSC. Intergovernmental cooperation in municipal policing is probably more difficult to achieve than it is in any other areas of municipal services. Cooperative agreements in solid waste disposal, recreation, water services, major facility operation and other services are common throughout the province. The decision of the FRSC to consider other service delivery models for policing is valid and timely, particularly with questions of sustainability and the national and international focus on the consideration and implementation of alternative models. For the reasons noted above, BGT suggests that the Commission should discontinue with the current approach to structuring the police service delivery model in the region. However, the opportunity for further conversation, discussion and study of alternative service delivery models should continue but in a more systematic and holistic manner. Page 8 HE LKOWUUI MM"];,, " "W-11 As the Economics in Policing report indicates the cost of policing is unsustainable. This is an issue across Canada and internationally, regardless of the community, the size of the police force or who the service provider is. While reports indicate crime levels are on the decline in Canada, police forces continue to face new and evolving challenges in providing a policing service expected by communities. Budget pressures combined with community expectations will necessitate new and innovative approaches to service delivery: the public do not want a reduction in their core services. "One of the challenges confronting Canadian police leaders is that while their services have had a role in decreasing crime, their costs have increased substantially. Statistics Canada (2013a) reported that between 1998 and 2012 the national volume and severity of crime, as measured by the Crime Severity Index (CSI), decreased from 118.8 to 75. During that time frame, the per capita cost of policing increased from $226 to $320 in constant2002 dollars, although if calculated using current dollars, that range changes from $206 to $389."8 Public Safety Canada (2012) identified the following challenges associated with Canadian policing costs:9 • Increasing demands on police combined with decreasing crime rates. • Escalating policing costs that are increasingly unsustainable in the current fiscal environment. • Limited clarity on how police funding is spent and its efficiency and effectiveness. • A need for coordination, focus and leadership. Former Public Safety Minister Toews, speaking at the Economics of Policing Summit in January 2013, observed that: 'Police services face two options — they can do nothing and eventually be forced to cut drastically, as we have seen in some countries, or they can be proactive, get ahead of the curve, and have greaterflexibility in designing and implementing both incremental and meaningful structural reforms. It is critical that all levels ofgovernment and the entire policing community be engaged in innovation and reform efforts, so that we can turn a fiscal challenge into an opportunity to sustain our police services and better serve Canadians. "10 $ Economics of Canadian Policing, page 36 e lbid, page 6 io The Economics of Canadian Policing, page 2 185 Page 9 The development of a comprehensive modern policing service delivery model is a highly complex and challenging undertaking. History shows that changing a police service delivery model is largely a political decision; however, the design of the model requires subject matter expertise. As such, it is critical that the political leadership of all key stakeholders are supportive of the undertaking before proceeding. Evidence based research has demonstrated that where transparency, openness, and inclusiveness are at the foundation of a desired change, the desired result has the greatest chance for success and implementation. The Grant Report advises "no government should act on my recommendations on (general policing arrangements in New Brunswick) without first engaging in detailed consultation with the affected parties." 11 4.1 UNDERSTANDING THE DESIRED OUTCOMES The experience of consultants and others who have participated in similar initiatives, recommend that, before proceeding, the Commission should have a clear vision of the opportunity and what the members expect as outcomes. This has been best accomplished by a facilitated discussion amongst the members (and others as deemed appropriate.) A background paper for review by the participants prior to the session is often provided. As a minimum the parties must be desirous to deliver a comprehensive and modern policing service to the participating communities: • that is connected to all the communities equally. • that is more than a law enforcement model of service delivery. • that contributes to vibrant and sustainable communities. • that contributes to safe and secure communities. • that is sensitive to economic and fiscal realities of the partners. • that identifies opportunities for the delivery of effective and efficient police services. • that incorporates a study structure for an open and inclusive process for all key stakeholders to be consulted. It is recognized from situations where regionalization or consolidation were achieved that there are benefits for the new organization and the members: • Improvement in the uniformity and consistency of police enforcement. • Improvement in the sharing of timely and accurate Intelligence on all crimes incidents. • Improvements in the coordination of police enforcement services. 11 Policing Arrangements in New Brunswick, page 2 :• Page 10 • Improvement in the distribution and deployment of police resources based on need. • Improvement in training and technical police practices. • Improved strategic and management /supervision practices. • Reduced costs and unnecessary duplication. • Improved career enhancement opportunities for police officers and civilian members. • Creating the necessary critical mass of human and other resources. There is some concerns that have been identified with change to a regionalized service such as: • reduction in non - enforcement practices that were seen as a benefit to the municipality. • a sense of a loss of direct control and accountability (for budget as an example). • a change in citizen's police relations /contact. 4.2 ENGAGING THE STAKEHOLDERS If the consensus is reached to continue with a best practice process, an advisory committee of stakeholders should be established: • to determine the level of support, to engage in an open, honest, and transparent process. • to determine the level of interest and commitment to participate in a police study on a regional /consolidated service delivery model. • to determine a fair and equitable cost sharing formula to fund a regional policing services study. • to reach an agreement on a timeline to complete the consultation process. • to report back with a recommendation. The stakeholder committee could include: • representatives of the municipal councils and Local Service Districts • representative of the Boards of the SJ and Kennebecasis Police Commissions • representative of the FRSC • Chiefs of Police or delegated senior officer of SJ and Kennebecasis Police Forces • representative of the RCMP (a senior commissioned officer responsible for policing for the affected contracted communities) • representative of the affected Police Associations • representative of Department of Public Safety (senior level) • representative of Department of Local Government • specific members of the Public or Community group(s) as required Page 11 187 4.3 UNDERTAKING A COMPREHENSIVE STUDY If the recommendations is to proceed with a comprehensive study, there is a common methodology that when used, is intended to produce a professional independent policing study that is completed with rigor and stands up to peer review. A service delivery model should not be examined and produced in isolation, a comprehensive review of the partner agencies services must be part of the study to identify suitable options for the parties to consider. As a minimum the methodology must consider the following: • There must be a review of best practices of recent studies comparable to the Fundy Region. • There must be a well - designed and thought -out consultation process with all the key stakeholders. • There must be a comprehensive review of police operations of all the participating police agencies. • There must be a review of facilities, management, administrative, governance practices and related issues. • There must be an analysis of the financial /budgets issues /practices of the participating agencies that impact service delivery. • There must be an examination of issues that are specific to the participating partners in a local context and local community issues, consideration of the broader provincial interests and legal matters. • There must be public consultation /access and input, conducted (surveys) that promotes openness in the process. • The review should detail the range of options and explain how the various policing models could meet community, municipal, and provincial needs. There should be a number of options presented on potential service delivery models for the parties to consider (normally 4 -6). For example, these options could include: ➢ the status quo ➢ a regional municipal model lead by the Saint John Police Force (SJPF) ➢ a regional model lead by the RCMP ➢ a SJPF/ Kennebecasis Police shared regional model ➢ a SJPF /RCMP integrated service delivery model (similar to Halifax) It is suggested that an initial step in the process would be the development and issuance of a comprehensive Request for Proposals (RFP) for a consultant with extensive experience with similar projects. The consultant should be involved in each phase of the project, with provision and associated costing that allows the FRSC to choose to discontinue the project Page 12 Im following the completion of each phase. The total consultant costs, as noted previously, could be in the range of $100,000. It can be expected the overall process will take an extended period and will involve an investment of both time and money. It is anticipated based on best practices four to six months would be a reasonable target to complete the review /study. 4.4 THE PROCESS IN SUMMARY In summary, the process of considering alternative service delivery models for policing within the Fundy Region should involve a number of phases, generally summarized below. Phase Description 1 Consensus among FRSC members on the desired and expected outcomes 2 Establishment of and report from a stakeholder committee 3 Completion of the comprehensive study and identification of a recommended service delivery model 4 Consideration of and consensus on, consultant's recommendation by FRSC and member communities 5 Preparation of and initiation of implementation plan As with any initiative involving change, proceeding with the consideration of a different police service delivery model for the region will involve challenges. For example, resistance could come from unions, police commissions, communities, public (who are satisfied with their current service and who are unsure how a change will affect them), and provincial government. Issues with current union contracts and agreements for policing with the RCMP will be raised. Other issues include: • Political and social pressures linked to losing control or self- government as it relates to its police service; do local councils have necessary support from the community to regionalize the service (social license). • Key stakeholders feel left out of the process. • Police officers from the participating agencies fear they will suffer personal loss or diminished opportunity. However, approaching a difficult and often contentious opportunity in a structured and systematic manner, will have the best potential for success. Page 13 :• 5.0 CONCLUSIONS There have been a number of reviews of police service delivery models in Canada in the past twenty years. Progress has varied across the country as has the service delivery model selected. However, standard methodologies and approaches to studies have been developed and have evolved, with a focus on a systematic approach incorporating significant consultation with all stakeholders, including the public. The cost of protective services in most jurisdictions is increasing at a greater rate, termed unsustainable, than for other government services. This has challenged communities and protective services to adapt and adjust their operations while maintaining core services on a value for money basis. The FRSC, through its decision, has identified a valid opportunity to collaboratively consider how a critical service is provided on a regional basis and to demonstrate leadership in addressing an issue of local, provincial and national prominence. A systematic approach to studying and evaluating this opportunity using a phased methodology demonstrated to be successful in other jurisdictions, would best serve the interests of the FRSC and of the region. The review should provide the region and municipalities, districts and the province with a comprehensive and thorough analysis of the issues such that the respective councils will be fully apprised of the background to policing strategies, the current and prospective processes of management and administration, and the important role of oversight to ensure effective and efficient community based policing combined with intelligence -led policing principles in any future model. Finally, the outcome of the review should not presume nor preclude a change in the policing agency of choice in the region. Rather the review should firstly define the plan considering the legislative, governance and personnel issues, and secondly, delineate criteria and processes to ensure the policing service fully meets the service and governance expectations of the region, and provides evidence of advantages and challenges of each option. As well, a review must examine the legislative requirements and processes for change and the potential range of police service models that are available to the Fundy Region. Page 14 190 APPENDIX A 191 Page 15 Terms of Reference: POLICING SERVICES REPORT Fundy Regional Service Commission & Saint John Board of Police Commissioners FRSC CSRF F QMMISSICN DE SER VICES SERVICE COMM REGIONAUX OE FUNIDY This Terms of Reference (ToR) reflects the mutually agreed conditions for the preparation and presentation of a Policing Services Report requested by the Fundy Regional Service Commission and prepared in cooperation with the Saint John Board of Police Commissioners by the Saint John Police Force. All parties agree to adhere to the ToR insofar as practical, and to respect the authority and autonomy of the respective parties. Preparation and presentation of the Policing Services Report does not commit either party to the findings of the Report. The Report will be received and considered for whatever value it may have; after - action based on the Report will be subject to resolutions by the respective authorities, and other parties that may necessarily be included at that time. 1) PURPOSE The purpose of the Report (pursuant to Terms of Reference) is to create a common basis for discussion and decision - making with respect to policing options and costs involving the Saint John Police Force, in the provision of policing services in the Fundy Regional Service Commission region as a whole ...or communities individually. The Fundy Regional Service Commission and the Saint John Board of Police Commissioners recognize that individual local governments and police agencies within the Region retain authority to speak to policing services options independently of the findings of the Report. Z) AUTHORITY a) Fundy Regional Service Commission Correspondence from Chairperson Grace Losier respecting a Motion of the Fundy Regional Service Commission dated May 27, 2014 to the Saint John Board of Police Commissioners, directing... "To have the Executive Director thoroughly investigate the cost to have policing services provided by the City of SaintJohn Police Force for the Fundy Regional Service Commission region as a whole as well as individual communities without incurring additional costs [..for the research and report] and bring a report back to the Board for review." Page 16 192 The Board requested that the Executive Director have discussions with Police Chief Reid and staff to determine a plan and process to develop a report for the Board. b) Saint John Board of Police Commissioners At the June 03, 2014 meeting of the Saint John Board of Police Commissioners, agreed that: Chief of Police Reid work with Mr. Keir to compile the Terms of Reference ...as requested by the Fundy Regional Services Commission. The Saint John Board of Police Commissioners approved a comprehensive report May 07, 2013 with respect to Strengthening Regional Cooperation in Policing. The report set a persuasive context for regional cooperation in policing, and is attached in its entirety as Appendix B. Specific to Saint John Police Force offer of services /support to other jurisdictions and other police agencies, the following Three E's of Regional Cooperation in Policing are germane: In process design, process reengineering and auditing, the 'Three E's' are effectiveness, efficiency and economy. In simple terms efficiency is doing things right, effectiveness is doing the right thing, and economy is doing things at the required cost - but no more than the required cost. As a guide to directing Saint John Police Force efforts to strengthen regional cooperation in policing: • Greater Effectiveness occurs if the function works best (produces best results) when we share intelligence, tasks, and resources. The only way to do it really well - at any cost - is to do it cooperatively. The Fundy Integrated Intelligence Unit (FIIU) is a current example. • Greater E icienc occurs when we pool efforts for specialist functions that would be prohibitive to resource locally, at the required level. To do it well and do it on our own would be considerably more costly ...there are economies of scale. • Greater Economy occurs when we already do the function very well, and can extend the service or support to other police agencies for a fee ...without incurring significant costs or risks. At the same time, the other agencies obtain a premium service without the start -up costs and risks. Our PSCC call- taking and dispatch service is a current example. At the October 21, 2010 meeting of the Saint John Board of Police Commissioners, "unanimously resolved to adopt the new Regionalization Policy developed during the Special Meeting of the Board held October 21, 2010 ". Page 17 193 • Recognizing the need for financial discipline, as articulated by Common Council, and, recognizing that New Brunswickers are best served by a collaborative and integrated policing effort, and, recognizing that the Saint John Police Force has the potential to serve as the regional service provider of choice, the Saint John Board of Police Commissioners authorize the SJPF (Saint John Police Force), through the Chief, to negotiate with other jurisdictions in the region (as defined in the Finn Report) to establish or sustain service delivery in instances where: (a) the service is revenue - positive to the Saint John Board of Police Commissioners, or (b) the service is revenue - neutral to the Saint John Board of Police Commissioners and offers significant strategic advantage to Saint John. 3) SCOPE a) Police Service Functions The research and report will assess and recommend based on a full suite of policing services necessary to provide public- facing services and support services reasonably and customarily expected in New Brunswick communities, and - as a minimum - those services required under the New Brunswick Policing Standards. The services will be presented as a coherent Police Service Model(s), but may also be restated as options to provide /engage public- facing and support services piecemeal, in order to complement and enhance performance of other police services in the region. (The Saint John Police Force currently provides such complementary and enhanced support services to the Kennebecasis Regional Police Force.) To enable this scope -of -work, the process will initially be iterative ...defining and confirming police service models - and specific public- facing and support service options - before committing to the full research and report writing stages of the initiative. b) GeographX The region subject to the research and report is the area within the jurisdiction of the Fundy Regional Service Commission, illustrated in the map at Appendix A of this ToR. 4) TIMELINE Nominally, this initiative commenced June 03, 2014 upon the Saint John Board of Police Commissioners approving the request from the Fundy Regional Services Commission. Thoughtful drafting and iterative refinement of the Terms of Reference are essential, given that the ToR sets the framework for all that follows. At present, it is anticipated that a draft report will be available during the fourth quarter of 2014. The term of the Project Team continues until the completed report is submitted. Page 18 194 5) PROJECT TEAM The Fundy Region Police Services Report project team will consist of Saint John Police Chief Bill Reid, Executive Director of the Fundy Regional Service Commission, Jack Keir, and staff members as required from the Saint John Police Force. The Province of New Brunswick through the Departments of Local Government and Public Safety may also be called on to add input as required. 6) PROJECT MEETINGS AND PROJECT MANAGEMENT All meetings will be chaired by the Executive Director of Fundy Regional Services Commission. Decisions will be made by consensus, after careful discussion and analysis of the data. Meetings will be held as required to ensure timely analysis of data and to ensure the Report is completed as quickly as practical ...given the need for it to be accurate, thorough and complete. %) POLICE SERVICE MODEL(S) a) Adequate Policing The research and the Report will profile one or more policing models appropriate to the Fundy Regional context. The policing model(s) will, in every case, satisfy principles of adequate policing ...notwithstanding that adequate policing is a somewhat subjective concept. b) Policing Models and Police Service Components Police service costing and service description will be presented in a fashion that allows consideration of 'All-in Policing' and `Police Service Components' (...a modular or'buffet' approach.) Costs for the modular approach may differ from the same service components incorporated into the All -in Policing approach. c) Data Matrix Structure To facilitate comparison, results will be presented in a narrative fashion (especially when the information is subjective /qualitative) and in a data Matrix Structure (especially when the information is objective /quantitative.) Page 19 195 d) Concomitant Provision of Data Fundy Regional Service Commission partners - and the Saint John Police Force - commit to provide service model, costing and aggregate service demand data for purposes of this research and Report. For greater transparency, when data is requested and not provided the Report will indicate same. H) RELEASE OF THE COMPLETED REPORT Recognizing that transparency and public credibility are important values for parties to this ToR, the parties share a commitment to make the final version of the Report public ...once it is deemed complete, and received and reviewed by the respective authorities. The completed Report will first be approved by the Saint John Police Commission and then presented to the Fundy Regional Service Commission so that each board member may then take information back to their respective communities for review and discussion. Page 20 196 APPENDIX B 197 Page 21 INFORMATION GATHERING - REGIONAL POLICING INITIATIVE 1.0 Background At its meeting on May 27, 2014, the Fundy Regional Service Commission (FRSC) approved the following resolution: "To have the Executive Director thoroughly investigate the cost to have policing services provided by the SaintJohn Police Force for the Fundy Regional Services Commission region as a whole as well as individual communities without incurring additional costs (... for the research and report) and bring a report back to the Board for review." The initial step in this process is to gather information regarding the current policing services within each of the communities forming the FRSC. Your assistance in completing the following questionnaire is appreciated. 2.0 Community Information The responses to the following questions will provide a profile of the community and will allow for an assessment of the current and projected geographic, demographic and economic factors that may impact the delivery of police services. No Profile Component Response 2.1 What is the total area (square kms) of the community? How many lane kilometers of roads and streets are in the 2.2 community? How many of these would be considered rural or secondary roads? How many would be classed as provincial highways? What is the population of the community based upon the 2011 census? What was the population in 2006? What is 2.3 the projected population in 2016? Page 22 •m No Profile Component Response 2.4 What is the current demographic profile of the community by age group? 2.5 According to the latest census how many households are in the community? What is the household profile? What is the composition of the commercial /industrial /business uses in the community? 2.6 Are there a number of small operations, one large user or a combination of both? Are they centrally located or disbursed throughout the community? 3.0 Quality of Life The definition of 'quality of life' within a community includes the relative sense of safety and security felt by its residents. The factors that impact quality of life will vary between communities and can range from speeding vehicles to serious criminal activities. No Profile Component Response What are the major quality of life issues within your community that are impacting the sense of safety and 3.1 security for its residents? Page 23 199 4.0 Current Policing Service Model There are a variety of police service models used across North America depending upon the needs and requirements of the community or jurisdiction. These models can have a number of components that address both the reactive and the proactive aspects of policing, resulting in reduced calls for service, crime reduction and an enhance sense of public safety. For example reactive policing can incorporate general patrol and traffic duties, response to emergency and non - emergency requests for service and associated investigations by specialized units. Proactive policing may incorporate those aspects that allow for the service provider to be aware of activity and requirements of the community, through partnerships and relationships (community policing) and through the preparation of strategies to reduce crime. The purpose of this section is to provide a profile of the current policing service model and associated information within the community. No Profile Component Response 4.1 What agency currently provides policing services for the community? Describe the current police service model- what is 4.2 included? (If possible, please provide an organization chart) 4.3 How are the services included, delivered? What is the deployment model for the assigned resources - number and type of resources, hours available; hours 4.4 on call, etc.? Page 24 200 No Profile Component Response 4.5 What are the response time /response method parameters for emergency and non - emergency calls? 4.6 Does the service model include a specific Crime Reduction Strategy for your community? 4.7 Does the service model include community policing focused on your community? 4.8 What unique services -i.e. officer in area schools, bike patrols - are provided? Does the model include benchmarks for the associated 4.9 deliverables? If so, what are they and how are often are they reported on? What have been the calls for services - by type - for the 4.10 years 2011 to 2014? What level and type of input and /or oversight does your 4.11 community have in the governance of the service provider? Page 25 201 No Profile Component Response What has been the total annual costs paid for the service each of 2011 to 2014? Are the costs incurred subsidized 4.12 by another level of government? Are there costs incurred that are paid directly by other parties? 4.13 What are the projected total annual costs of services for 2015 to 2019? Are there any services - facilities, administration staff, 4.14 etc. that are provided and paid for directly by the community? Does the community incur capital costs to support the 4.15 service provider - i.e. borrowed funds for construction of facilities? What is the community's experience and satisfaction with 4.16 the policing service model? Are there components or aspects of the model, that if permitted, the community would adjust or change? Page 26 202 5.0 Other Information No Profile Component Response 5.1 Is there any other information that is felt would be of assistance in the preparation and /or discussion of an alternative policing service model and /or police service provider for your community? Page 27 203 REFERENCES 204 Page 28 Carlyle, P.L. Report to Community Safety Committee, City of Richmond, B.C.: Police Service Models, November, 2012 Cormier, E.F. A Community of Communities: Local Government Options for the Greater Saint ohn Area. 1997 Finn, J -G. Building Stronger Local Governments and Regions: An Action Plan for the Future of Local Governments. Fredericton, N.B. 2008 Grant, A. Policing Arrangements in New Brunswick: 2000 and Beyond, 1992 Ontario Association Chiefs of Police (OACP) A PROCESS GUIDEBOOK FOR THE REVIEW OF POLICING OPTIONS, 2012 Perivale and Taylor Consulting City of Moncton Policing Services Study Summary, March, 2010 Polzin, M.J. & Wilson, J.M. Police Consolidation: Collaborating with Stakeholders, Washington, D.C. Office of Community Oriented Policing Services, 2014 Ruddell, R & Jones, N. The Economics of Canadian Policing Five Years into the Great Recession, Collaborative Centre for Justice and Safety, University of Regina, March 2014 Vancouver Police Department. Options for Service Delivery in Greater Vancouver Region: A Discussion Paper of the Issues Surrounding the Regionalization of Police Services, 2008 Page 29 205 BY -LAW NUMBER C.P. 111-2 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111 -2 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3522 square metres, located at 27 Cliff Street, also identified as PID numbers 55086367, 55086342, 00014399, 55086334, 55086359 and a portion of PID number 55221071, from Major Community Facility (CFM) to Urban Centre Residential (RC) - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: Mayor/Maire L'arret6 de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifi6 par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie d'environ 3 522 metres carres, situ6e au 27, rue Cliff, et portant les NID 55086367, 55086342, 00014399, 55086344, 55086359, et 6tant aussi une partie du NID 55221071, de zone de grandes installations communautaires (CFM) A zone r6sidentielle de centre -ville (RC) - toutes les modifications soot indiqu&es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - February 2, 2015 Premiere lecture Second Reading - February 2, 2015 Deuxieme lecture Third Reading - Troisi6me lecture M - le 2 fevrier 2015 - le 2 fevrier 2015 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de I'Arrete de zonage de The City of Saint John tie's CIO O f Q , A' r ' 4 ' e CA FROM / DE CFM Major Community Facility zone de grandes installations communautaires Applicant: St. Vincent's Apartments Inc. Location: 27 rue Cliff Street ca.� O `O •V �aj L TO 1 A RD Urban Centre Residential zone residentielle du centre -ville PID(s) /NIP(s): 55086367, 55086342 ,00014399,55086334,55086359 and / et portion of / de 55221071 Considered by P.A.C. /considers par le C.C.U.: January 20 janvier, 2015 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law No. /Arrets No. Drawn By /Crsse Par: John Ellefsen Date Drawn /Carte Creee: February 6 fevrier, 2015 BY -LAW NUMBER C.P. 106 -9 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification; 2 Amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos, 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification - all as shown on the plans attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: Mayor ARRETE No C.P. 106-9 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit: L'arretd concernant le plan municipal de The City of Saint John d6cr6t6 le 30 janvier 2012 est modifie par: 1 la modification de 1'annexe A — Structure de la municipalitd, afin de faire passer la d6signation dune parcelle de terrain d'une superficie d'environ 1,4 hectares, situde au 2086, avenue voie ouest Ocean, et 6tant aussi une partie du NID 00287474, de reserve urbaine A secteur stable ; 2 ]a modification de 1'annexe B — Utilisation future des sols, afin de faire passer la d6signation dune parcelle de terrain d'une superficie d'environ 3 hectares, situde au 2086, avenue voie ouest Ocean, et portant les ND) 55222061, 55222079, et 6tant aussi une partie du NID 00287474, de secteur residentielle stable et reserve urbaine � secteur commercial stable ; - toutes les modifications soot indiqu6es sur les plans ci joints et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - February 2, 2015 Premiere lecture Second Reading - February 2, 2015 Deuxieme lecture Third Reading - Troisieme lecture M - le 2 f6vrier 2015 - le 2 f6vrier 2015 GROWTH &COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU D�VELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN /PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule A Modifiant annexe A O� Y !.: l FROM 1 DE Urban Reserve reserve urbaine Applicant: City of Saint John Location: 2086 voie Ocean Westway PID(s) /NIP(s): Portion of / de 00287474 z o� a I aryr / �9on+ah Rd En TO 1 A Stable Area secteur stable Considered by P.A.C. /considers par le C.C.U.: January 20 janvier,2015 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete # Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: February 5 Wrier, 2015 Pam GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN 1 PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule B Modifiant annexe B •a A p iy W q •spot t° pmppp y 'o a r ` y iC,� � pran JaY ar X51 z a w ° A�Y C, FROM 1 DE TO 1 A Stable Residential & Urban Reserve Stable Commercial secteur residentiel stable et secteur commercial stable reserve urbaine Applicant: City of Saint John Location: 2086 voie Ocean Westway PID(s) /NIP(s): 55222061,5222079 and 1 et Portion of / de 00287474 Considered by P.A.C. /considers par le C.C.U.: January 20 janvier,2015 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete # Drawn By /Creee Par: John Ellefsen Date Drawn /Carte Creee: February 5 Wrier, 2015 BY -LAW NUMBER C.P. 111 -3 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID numbers 55222061, 55222079 and a portion of PID number 00287474, from General Commercial (CG) to Corridor Commercial (CC) pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. 2 Amending Schedule E, Exceptions, by adding "Dwelling Unit" to the list of exceptions for 2086 Ocean Westway - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2015 and signed by: Mayor/Maire ARR)'(iJTE No C.P. 111 -3 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit : Uarret6 de zonage de The City of Saint John, d6cr6t6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 3 hectares, situ6e au 2086, voie ouest Ocean, et portant les NID 55222061, 55222079 et 6tant aussi une pantie du NID 00287474, de zone commerciale g6n6rale (CG) A zone commerciale de corridor (CC) conform6ment a une r6solution adopt6e par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme. 2 La modification de 1'annexe E, Exceptions, en aj outant « Logement » A la liste des exceptions pour 2086, voie ouest Ocean - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdt6 le 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - February 2, 2015 Premiere lecture Second Reading - February 2, 2015 Deuxieme lecture Third Reading - Troisibme lecture 211 - le 2 f6vrier 2015 - le 2 f6vrier 2015 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule A of the Zoning By -Law of The City of Saint John Modifiant Annexe A de I'Arrete de zonage de The City of Saint John Q b M m 3 � 9 � •IV'6 ;10 a .l lj1 A XX� FROM / DE TO / A CG CC General Commercial I, Corridor Commercial zone commercials generale zone commercials de corridor Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Alan Williams & Karen Connell Location: 2086 voie ouest Ocean Westway PID(s) /NIP(s): 55222061,55222079 and / et Portion of / de 00287474 Considered by P.A.C.Iconsidere par Is C.C.U.: January 20 janvier,2015 Enacted by Council /Approuve par Is Conseil: Filed in Registry Office /Enregistre Is: By -Law No. /ArreW No. Drawn By /Creee Par: John Ellefsen Date DrawnlCarte Cr66e: February 5 fevrier,2015 212 Section 39 Conditions - 2086 Ocean Westway That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, shall be subject to the following conditions: a) That the use of the property be limited to the following uses: 1. Accommodation; 22. Personal Service; 2. Auction House; 23. Pet Grooming; 3. Bakery; 24. Private Club; 4_ Banquet Hall; 25. Recreational Vehicle Sales and Service, Large; 5. Bar, Lounge, or Nightclub, subject to paragraph 11.5(3)(b); 26_ Recreational Vehicle Sales and Service, Small; 6. Business Office, subject to paragraph 11.5 3 c 27. Recycling Bins; 7. Business Support Service; 28. Restaurant; 8. Car Wash; 29. Retail General; 9. Catering Service; 30. Retail Warehouse; 10. Commercial Entertainment; 31. Sales Centre, Model Home; 11. Communication Facility; 32. Self-Storage Facility; 12. Contractor Services, Household; 33. Service and Repair, Household; 13. Day Care Centre; 34. Service Station, subject to paragraph 11.5(3)(e) 14. Emergency Services Facility; 35. Technical or Vocational School; 15.Equipment Sales and Rental, Light; 36. Transit Terminal; 16. Financial Service; 37. Vehicle Body and Paint Shop, subject to paragraph 11.5(3)(f); 17. Funeral Service; 38. Vehicle Rental; 18. Grocery Store; 39. Vehicle Repair Garage, subject to paragraph 11.5(3)(f) 19. Health and Fitness Facility; 40. Vehicles Sales and Leasing; 20. Health Services Laboratory; 41. Veterinary Clinic; 21. Medical Clinic; 42_ The existing use described in Schedule E: Exceptions, of each lot respectively, identified therein as being located in the CC zone. b) That a car wash not be permitted until such time as the site is serviced by municipal sewer; c) All future development shall be in accordance with a detailed site plan and building elevations, to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, landscaped areas, other site features and relevant site statistics including coverage; 213 d) The plans mentioned in (c) above must be attached to the building permit application for the development to which it applies, but not including any permit application for site preparation or foundation; e) That no vehicles be parked or displayed on the landscaped area in front of the residence; f) The developer must provide all utilities underground, including power and telephone from the existing overhead facilities; g) The developer must provide a detailed storm water drainage plan and design report indicating how storm water collection and disposal will be handled for any additional development on the site, subject to the approval of the Chief City Engineer or his designate; h) The developer must provide an engineering water and sewer analysis for any additional development on the site, determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan, subject to the approval of the Chief City Engineer or his designate; i) Any infrastructure improvements that are required to service additional development on the site, will be the applicant's responsibility and cost to complete; That Common Council repeal the Section 39 resolution of September 17, 2001. NE r f�V February 16, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Overnight Parking Motion: Direct City Manager and appropriate Staff to investigate the issue of Eliminating Overnight Parking on all public streets for the entire city from November 30th of each year to March 31 st between the hours of at least from midnight to 7:00am or whatever hours are reasonable. Over the last few years our city has constantly struggled with parking bans, alternate side street parking, signage etc. throughout the winter months as a result of cars being parked on our streets overnight in winter weather. This year it has hit the extreme as our snow amounts have been exceptionally high. Just imagine after going through a year long review to attempt to save monies within a tight budget we will probably at the end of this emergency snow removal project find ourselves millions of dollars over budget with nothing concrete to show for the millions of dollars spent. If our streets were park free of cars for at least seven or eight hours throughout the night our plows and snow equipment could clean up so much faster and efficiently_ Each and every car owner is responsible for their own vehicle and needs to have a place to park it but not on a public street. By ensuring that this bylaw is put in place early enough all members of the public will have ample opportunities to make arrangements. Respectfully Submitted, (Received via email) Shirley McAlary Councillor — At Large City of Saint John Gig-7144,1— SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 i www sairgohn.ca I C.P. 1971 Salnt John, N. -B. Canada E2L 4t1 215 UEF0, T TC C tT ~, 1 �`' �T �: ti JE T Lj February 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: LNG Tax Concession Background Information C, d City of Saint John Council has requested that staff provide pertinent background information on the LNG tax concession. There is also particular interest in the impact, if any, on the tax concession given the installation and operation of the offloading system to handle crude oil from crude tankers when the monobuoy is not available. The attachment provides a summary of the Council resolutions related to the LNG tax concession. The resolutions are largely self - explanatory. The records indicate that Irving Oil made a request for a tax concession, Enterprise SJ provided information showing that other jurisdictions were charging comparable property taxes, there was a deadline for Council to respond, no staff reports were requested regarding the concession, Council asked the Province for legislation to allow the City to alter the property tax payable as it saw fit, a subsequent motion to rescind the tax concession motion failed, the Province enacted legislation and a regulation to set the tax payable and term notwithstanding the provisions of the Assessment Act and Real Property Tax Act. The City has been collecting $500,000 per year since 2006. The schedule forming part of the regulation adopted in 2006 is particularly relevant as it defines the property that is subject to the tax concession. Regulation - Schedule A - Feb /06 All real property used solely for the receiving and containment of liquefied natural that is located on Lot 05 -01, Lot 05 -02 and Lot 05 -03 or any portion of those lots, as shown on the Subdivision Plan 21130274 registered in the land titles office of the District of New Brunswick in Saint John County on October 14, 2005, and on which provincial taxes or rates are not calculated or levied in accordance with subsection 4(8) of the Act. In September of 2011, Fundy Engineering submitted a report to the Department of the Environment outlining an "Alternative Crude Supply Pipeline Project ". The document provides as follows; Irving Oil is proposing to modify the approved and Permitted but not constructed, Orimulsion offloading system to handle crude as a secondary means of offloading product from crude tankers during scheduled and unscheduled maintenance at the Irving Oil Monobuoy. Irving Oil Refining GP subsequently filed applications in August of 2014 with the Energy and Utilities Board to construct and operate a pipeline `designed to move crude oil from marine tankers to the tank farm...' It is worth noting that Irving Oil has presented the installation of the new pipeline as a `modification' of the previously approved line to handle Orimulsion. A range of related matters are addressed in the section that follows. 2. Is there an agreement with Irving Oil? If so, what are the key provisions? There is no contractual agreement between the City and Irving Oil regarding the tax concession. The terms of the tax concession are set out in a Provincial Act and related Regulation (attached). Essentially the property tax payable to the City for the LNG facility is $500,000 per year for 25 years beginning in 2006. 2. Does LNG pay the standard provincial property tax on the facility? If so, how much? No. The property is exempt from Provincial Property tax under Section 4(8) of the Assessment Act. This exemption is not related to the tax concession. 3. What would be the amount paid to the City if there were no concession? The approximate assessment on the LNG facility is $300M. This would yield property tax revenue of approximately $B.OM annually to the City. 4. Can the legislation be changed? Is so, what is the process? The Act is provincial legislation (not a Private Members Bill) and an amendment would require the active support of the Government of New Brunswick. Given the title of the legislation, i.e. "An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminar, the Province would likely require a formal written initiative from the City seeking amendment. Irving Oil also has a vested financial interest in this legislation. It is unlikely that the Province will put itself in the middle of what would clearly be seen as a dispute between the City and Irving Oil absent a clear act to negate the tax concession provisions. 5. Does the pipeline installation negate the concession provided in the legislation? This question is under review by Provincial staff and no determination has been made as of this date. 6. Can the City challenge the application of the tax concession now that a pipeline has been installed and rendered operational? This is essentially a matter of legal interpretation and Council should seek the advice of the City Solicitor in this regard. 217 7. Will the new pipeline generate any tax revenue? Service New Brunswick is in the process of determining the value for assessment purposes. Preliminary information indicates that it would only have nominal value and could yield $3 -5,000 in property tax revenue. This revenue would not begin flowing to the City until 2016. 8. Will the proposed change in use to an export terminal negate /void the existing tax concession? Again, this is essentially a matter of legal interpretation and Council should seek the advice of the City Solicitor in this regard. 9. What is Irving Oil's position regarding the impact of the installation of the pipeline on the existing LNG tax concession? No formal discussions have taken place with IOL as Council's position on the LNG tax concession is unknown. Next Steps Council must decide what, if any, action it now wants to pursue. The options are relatively straight forward; • Determine that no further action is warranted at this time based on the information provided and continue to monitor the situation. • Seek advice from the City Solicitor on the impact of the installation of the pipeline on the tax concession. Then, based on that information determine if any further action is warranted. • Initiate formal discussions with Irving Oil on the current and future status of the LNG tax concession given the action to date and the proposed development of an export terminal. Recommendation That this report be received and filed. Respectfully submitted, J. Patrick Woods CGA City Manager I LNG Tax Concession - Summary of Key Actions /Decisions Council — Mar 14/05 Resolution — Whereas the development of this project is dependent on the taxation levies on the property being set at a level competitive with similar existing and proposed terminals in Atlantic Canada and North Eastern United States and existing terminals in North America, Whereas the proposed project will create between 500 and 600 jobs during construction, result in an approximate direct injection of $26 million into the local economy and create 20 permanent jobs, Whereas the location of the terminal at the most eastern extremity of the municipal boundary will not impose any additional costs to the existing property owners of this community, Be it resolved that Common Council establish, insofar as it is within the City's authority, a specific LNG tax zone to comprise only those lands on which the terminal, unloading facility and docks for the purposes unloading LNG will be located and further that, The municipal tax rate as otherwise determined under paragraph 87(c) of the Municipalities Act be adjusted annually so as to fix the amount due to the City of Saint John from this specific zone at $500,000 per annum for a period of 25 years. (Adopted) Resolution — That Common Council request the Provincial Government enact amending legislation which would enable The City of Saint John to alter the Municipal real property tax otherwise payable upon a liquefied natural gas facility to be located in the City, upon such terms and conditions as the Council deems appropriate. (Adopted) Council — Mar 29/05 Resolution -That the motion adopted on March 14, 2005, namely ... be rescinded. (Defeated) PNB — June 2005 - An Ad to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal LNG terminal — means the marine terminal for the receiving and containment of liquefied natural gas that is described in the regulations. Municipal Tax — Notwithstanding the Real Property Tax Act, the Assessment Act and the Municipalities Act, the amount of the municipal tax payable in respect of the LNG terminal is $500,000 per year Period - ...applies for 25 consecutive years commencing in the year prescribed by regulation 1 NWO PNB - Feb /06 - Regulation 2006 -12 The LNG terminal is described in Schedule A The Act applies for 25 consecutive years commencing in the year 2006 Regulation - Schedule A - Feb /06 All real property used solely for the receiving and containment of liquefied natural gas, that is located on Lot 05 -01, Lot 05-02 and Lot 05 -03 or any portion of those lots, as shown on the Subdivision Plan 21130274 registered in the land titles office of the District of New Brunswick in Saint John County on October 14, 2005, and on which provincial taxes or rates are not calculated or levied in accordance with subsection 4(8) of the Act. Correspondence June 16/05 City Solicitor advises that legislation has been introduced, that the legislation in question is an expression of the Province's view that the City does not have the authority under existing legislation to accommodate the Company's request for a tax concession and noting that the legislation is at variance with the City's request as set out in the Council resolution of March 14tH Resolutions —June/05 That the City notify the Province of New Brunswick that the proposed legislation... is at variance with the City's request as set out in the Council resolution of March 4, 2005; and the Province be requested to amend this legislation to reflect the original request of the City of Saint John. (Defeated) That the letter from the City Solicitor regarding Bill 70 — Municipal Taxation of an LNG Terminal... be received for information. (Adopted) Alternative Crude Supply Pipeline Project — Sept /11— Fundy Engineering to Dept Environment Irving Oil is proposing to modify the approved and permitted, but not constructed, Orimulsion offloading system to handle crude as a secondary means of offloading product from crude tankers during scheduled and unscheduled maintenance at the Irving Oil Monobuoy. EUB Filing by Irving Oil Refinery GP - Aug 13/14, Aug 20/14, Sept 5/14 Filings seek permission to construct, license to operate and then a provisional license to operate. Information from the August 2014 regulatory filing at the EUB states that the pipeline is owned by Irving Oil Refining GP and is used for the transfer of crude oil from the Canaport LNG Multi- Purpose Pier to the Canaport Crude Tank Farm at Mispec Point. Irving Oil operates the pipeline to the boundary of the Canaport LNG facility and has entered into a contract with Canaport LNG LP for the operation of the pipeline within the Canaport LNG facility. 2 220 2005 BILL 70 An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal Chapter Outline Definitions ............... ..............................1 LNG terminal — terminal de GNL imp6t municipal — municipal tax municipal rate — taux municipal taux municipal — municipal rate municipal tax — imp6t municipal terminal de GNI. — LNG terminal Municipal tax ................. ..... .......... _ 2 Assessment ................... 3 Adjustment ....... ............................... 4 Referrals and appeals under the Assessment Act _ _ . _ . _ .......... 5 Application of other Acts ................... ............. 6 Regulations ......................... ................ .7 CONSEQUENTIAL AMENDMENTS MODIFICATIONS CORRELATIVES Assessment Act ....... ....................... .. ....8 Real Property Tax Act .. ........................... ...9 COMMENCEMENT ENTREE EN VIGUEUR Commencement ... .. .. . ........................ . .. 10 221 PROJET DE 1,0170 Loi visant a respecter la demande de la cite appelee The City of Saint John Sur la taxation du terminal de GNL Sommaire D66nitions ... ............................... 1 imp6t municipal — municipal tax taux municipal — municipal rate terminal de GNI. — LNG terminal Imp6t municipal .................. ......... 2 Evaluation ........................... ... . .......... 3 Rectification .................... . .......... 4 Renvois et appeis dans le cadre de la ,Loi sur V&aluation......... 5 Application d'autres loin ................ . ... . ... . .......... 6 Rc' glements ............... ..............................7 MODIFICATIONS CORRELATIVES Loi sur l' oval uation ......... ..............................8 Loi Burl' impbtfoncier ...... ..............................9 ENTREE EN VIGUEUR EntrEc en vigueur ........ . . . . . . ...................... .. 10 Loi visant a respecter la demande de la cite appelie Projet de loi 70 The City of Saint John sur la taxation du terminal de GNL Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as fol- lows: Defmitions 1 The following definitions apply in this Act. "LNG terminal" means the marine terminal for the re- ceiving and containment of liquefied natural gas that is described in the regulations. (terminal de GNL) "municipal rate" means the rate of tax fixed under sec- tion 87 of the Municipalities Act for the purposes of the Real Property Tax Act. (taux municipal) "municipal tax" means the tax imposed under para- graph 5(2)(a) of the Real Property Tax Act. (impot munic- ipal) Municipal tax 2(1) Notwithstanding the Real Property Tax Act, the As- sessment Act and the Municipalities Act, the amount of the municipal tax payable in respect of the LNG terminal is $500,000 per year. 2(2) Subsection (1) applies for 25 consecutive years commencing in the year prescribed by regulation. Assessment 3(1) Notwithstanding the Assessment Act, the LNG ter- minal shall be assessed for any year referred to in subsec- tion 2(2) at a value that will realize $500,000 as the amount of municipal tax for that year. 3(2) Notwithstanding subsection (1), the tax imposed on the LNG terminal under subsection 5(2.01) of the Real Property Tax Act shall be calculated for any year referred to in subsection 2(2) on the real and true value of the ter- minal for that year. Adjustment 4 If the municipal rate for a particular year is different than the municipal rate for the previous year, the Minister of Finance shall adjust the payments made under para- graph 6(b) of the Municipal Assistance Act so that, in re- spect of the LNG terminal, the amount payable to The City of Saint John under that paragraph for the particular year is $500,000. Sa Majeste, sur 1'avis et du consentement de I'Assem- We 16gislative du Nouveau - Brunswick, decriLte : Definitions 1 Les definitions qui suivent s'appliquent a la pr6sente loi. c impOt municipal » L'imp6t lev6 en application de l'alin6a 5(2)a) de la Loi sur l'imp6t foncier. (municipal tax) taux municipal » Le taux de l'imp6t fix6 en applica- tion de Particle 87 de la Loi sur les municipalitis pour 1'application de la Loi sur Pimp& foncier. (municipal rate) « terminal de GNL » Le terminal maritime de reception et de confinement du gaz nature] liqu6fie qui est d6crit dans les reglements. (LNG terminal) Imp6t municipal 2(1) Nonobstant la Loi sur l'imp6t foncier, la Loi sur l'evaluation et la Loi sur les municipalitis, le montant de l'imp6t municipal payable en cc qui concerne le terminal de GNL est de 500 000 $ par ann6e. 2(2) Le paragraphe (1) s'applique pour vingt -cinq an- n6es cons6cutives comme%ant dans Pannee pr6cis6e par reglement. Evaluation 3(l) Nonobstant la Loi sur l'ivaluation, le terminal de GNL doit etre 6value pour toute ann6e visee au paragra- phe 2(2) a une valeur qui donnera le montant de 500 000 $ au titre de l'imp6t municipal pour cette ann6e. 3(2) Nonobstant le paragraphe (1), l'impdt lev6 sur le terminal de GNL en vertu du paragraphe 5(2.01) de Ia Loi sur 1'impot foncier doit etre calcul6 pour toute ann6e vis6e an paragraphe 2(2) sur la valeur r6elle et exacte du termi- nal pour cette ann6e. Rectification 4 Si le taux municipal pour une ann6e donne differe du taux municipal de Pannee pr6c6dente, le ministre des Fi- nances doit rectifier le montant des versements faits en vertu de 1' alinea 6b) de la Loi sur ]'aide aux municipalitis de fagon a ce que, A 1'6gard du terminal de GNL, le mon- tant payable A la cit6 appel6e The City of Saint John en vertu de cet alin6a pour I'annee donn6e soit de 500 000 $. 222 An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal Referrals and appeals under the Assessment Act 5 Sections 25, 27, 28 and 37 of the Assessment Act do not apply to the amount of the assessment on the LNG ter- minal determined under subsection 3(1). Application of other Acts 6 Unless this Act provides otherwise, the Assessment Act, the Real Property Tax Act and the Municipalities Act apply to the assessment and taxation of the LNG terminal. Regulations 7(l) The Lieutenant - Governor in Council may make regulations (a) describing the LNG terminal for the purposes of this Act; (b) prescribing the year for the purposes of subsec- tion 2(2). Renvois et appels dans le cadre de la Loi sur l'evaluation Bill 70 5 Les articles 25, 27, 28 et 37 de la Loi sur l'evaluation ne s'appliquent pas au montant de 1'6valuation du termi- nal de GNL determind en application du paragraphe 3(1). Application d'autres lois 6 Sauf disposition contraire de la presente loi, la loi sur l'evaluation, la Loi sur l'inapotfoncier et la Loi sur les mu- nicipalitis s'appliquent a 1'evaluation et a ]a taxation du terminal de GNL. Reglcments 7(1) Le lieutenant- gouverneur en conseil peut etablir des reglements : a) d6crivant le terminal de GNL pour 1'application de la pr6sente loi; b) prA-cisant I'annde pour I'application du paragraphe 2(2). 7(2) A regulation under subsection (1) may be retroac- 7(2) Un reglement etabli en application du paragraphe tive in its operation. (1) peut avoir un effet retroactif. CONSEQUENTIAL AMENDMENTS Assessment Act 8 Section 15 of the Assessment Act, chapter A -14 of the Revised Statutes, 1973, is amended by adding "and to subsection 3(1) of An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal" after "17.1 ". Real Property Tax Act 9(1) Section 23 of the Real Property Tax Act, chapter R -2 of the Revised Statutes, 1973, is amended (a) by renumbering the section as subsection 23(1); (b) by adding after subsection (])the following: 23(2) Subsection (1) does not apply in respect of the LNG terminal referred to in An Act to Comply with the Re- quest of The City of Saint John on Taxation of the LNG Terminal. 9(2) Section 25 of the Act is amended by striking out "section 8, subsection 20(2) or (4) or 20.1(2) or (4) or 223 MODIFICATIONS CORRELATIVES Loi sur l'evaluation 8 L'article 15 de la Loi sur l'ivaluation, chapitre A -14 des Lois rivisies de 1973, est modifie par Padjonction de « et du paragraphe 3(l) de ]a Loi visant a respecter la de- mande de la cite appelie The City of Saint John sur la taxation du terminal de GNL >> aprds « 17.1 o. Loi sur Pimpot foncier 9(1) L'article 23 de la Loi sur !'impo "t foncier, chapitre R -2 des Lois rivisies de 1973, est modijii a) par la renumirotation de Particle qui devient le paragraphe 23(1); b) par Padjonction, aprds le paragraphe (1), de ce qui suit : 23(2) Le paragraphe (1) ne s'applique pas A 1'egard du terminal de GNL vise dans la Loi visant a respecter la de- mande de la cite appelie The City of Saint John sur la taxation du terminal de GNL. 9(2) Laarticle 25 de la Lai est modijW par la suppres- sion de o a Particle 8, au paragraphe 20(2) ou (4) ou Loi visant a respecter la denzande de la cite appelee Projet de loi 70 The City of Saint John sur la taxation du terminal de GNL section 23" and substituting "section 8 or subsection 20.1(2) ou (4) ou a Particle 23 H et son remplacement par 20(2) or (4), 20.1(2) or (4) or 23(1) ". « A Particle 8 ou an paragraphs 20(2) ou (4), 20.1(2) ou (4) ou 23(1) ». COMMENCEMENT Commencement 10 This Actor any provision of it comes into force on a day or days to be fixed by proclamation. 4 ENTREE EN VIGUEUR Entree en vigueur 10 La prisente loi ou l'une quelconque de ses disposi- tions entre en vigueur a la date ou aux dates Pixies par proclamation. 224 T -0.2 An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal NEW BRUNSWICK REGULATION 2006 -12 under AN ACT TO COMPLY WITH THE REQUEST OF TIIE CITY OF SAINT JOHN ON TAXATION OF THE LNG TERMINAL (O.C. 2006 -67) Filed February 17, 2006 Regulation Outline REGLEMENT DU NOUVEAU - BRUNSWICK 2006 -12 etabli en vertu de la 2006 -12 LOI VISANT A RESPECTER LA DEMANDE DE LA CITE APPELEE THE CITY OF SAINT JOHN SUR LA TAXATION DU TERMINAI, DE GNL (D.C. 2006 -67) Depose le 17 fivrier 2006 Sommaire Cit ation ... ............................... 1 Citation .......................... 1 Definition of "Act" . . ................... .. 2 Definition de « Loi N..... ............. 2 Description of LNG terminal ............ 3 Description du terminal de GNL _ _ _ ...... ............. 3 Application of subsection 2(1) of the Act. 4 Application du paragraphe 2(1) de la Loi .. ............. Commencement ...... 5 EntrEc en vigueur . ... ................. 5 Schedule A Annexe A Under section 7 of An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Termi- nal, the Lieutenant - Governor in Council makes the fol- lowing Regulation: Citation 1 This Regulation may be cited as the General Regula- tion - An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. 225 En vertu de Particle 7 de ]a Loi visant a respecter la de- mande de la cite appelee The City of Saint John sur la taxation du terminal de GNL, le lieutenant- gouverneur en conseil 6tablit le r6glement suivant : Citation 1 Le present r6glement peut etre cite sous le titre : Re- glement general - Loi visant a respecter la demande de la cite appelee The City of Saint John sur la taxation du ter- minal de GNL. 2006 -12 Loi visant a respecter la demande de la cite appelee The City of Saint John T -0.2 sur la taxation du terminal de GNL Definition of G4Act" 2 In this Regulation, "Act" means An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal. Description of LNG terminal 3 The LNG terminal is described in Schedule A. Application of subsection 2(1) of the Act 4 Subsection 2(1) of the Act applies for 25 consecutive years commencing in the year 2006. Commencement 5 This Regulation shall be deemed to have come into force on January 1, 2006. 2 Definition de K Loi 2 Dans le present r'glement, « Loi » s'entend de la Loi visant a respecter la den:ande de la cite appelee The City of Saint John sur la taxation du terminal de GNL. Description du terminal de GNL 3 Le terminal de GNL est d6crit a 1'annexe A. Application du paragraphe 2(1) de la Loi 4 Le paragraphe 2(1) de la Loi s'applique pour vingt- cinq annees consecutives commend ant dans l'annee 2006. Entr6e en vigueur 5 Le present reglement est repute etre entre en vigueur le lerjanvier 2006. 226 T -0.2 An Act to Comply with the Request of The City of Saint John on Taxation of the LNG Terminal SCHEDULE A All real property, used solely for the receiving and con- tainment of liquefied natural gas, that is located on Lot 05 -01, Lot 05 -02 and Lot 05 -03 or any portion of those lots, as shown on Subdivision Plan 21130274 registered in the land titles office for the District of New Brunswick in Saint John County on October 14, 2005, and on which provincial taxes or rates are not calculated or levied in ac- cordance with subsection 4(8) of the Act. M1MLOMW 2006 -12 Tous les biens reels qui soot utilises seulement pour la reception et le confinement du gaz nature] liquefie et qui sont situes sur la parcelle 05 -01, la parcelle 05 -02 et ]a parcelle 05 -03 ou sur une partie de ces parcelles, telles qu'elles sont indiquees sur le plan de lotissement 21130274 enregistre au bureau d'enregistrement foncier pour la Circonscription du Nouveau - Brunswick dans le comte de Saint John le 14 octobre 2005, et sur lesquels les taxes ou taux provinciaux ne sont pas calcules ou preleves conformement au paragraphe 4(8) de la Loi. QUEEN'S PRINTER FOR NEW BRUNSWICK © IMPRIMEUR DE LA REINS POUR LE NOUN EAU- BRUNSWICK All rights reserved 1 Tous droits reserves 227 ALTERNATIVE CRUDE SUPPLY PIPELINE PROJECT: SUMMARY OF PUBLIC INVOLVEMENT Prepared on behalf of: IRVING v Mr. John Logan Irving Oil Refining G.P. 340 Loch Lomon Road Saint John, NB E21- 4K1 Prepared for: New Brunswick Department of the Environment 20 McGloin Street PO Box 6000 Fredericton, NB E313 5H1 27 September 2011 Prepared by: www.fundveng.com Project No: 11 -8337 Registration No: 4561 -3 -1315 NW �1.s�. I RVI NG Altemative Crude Supply Pipeline Project Nw1 EXECUTIVE SUMMARY Irving Oil is proposing to modify the approved and permitted, but unconstructed, Orimulsion® offloading system to handle crude as a secondary means of offloading product from crude tankers during scheduled and unscheduled maintenance at the Irving Oil Monobuoy (IOM). The proposed Undertaking would see a pipeline extended from a constructed offloading arm on the Canaportrm LNGLP (CLNG) multi - purpose pier to the crude intake manifold at the Canaport Crude Receiving Terminal (CCRT). Although the CLNG multi- purpose pier is permitted to offload Orimulsione, this proposed Project requires Environmental Impact Assessment (EIA) review as per condition #5 of the Conditions of Approval issued on 6 August 2004 for the CLNG multi- purpose pier and conditions #33 and #34 of CLNG's 14 June 2011 Approval to Operate. The Alternative Crude Supply Pipeline Project Environmental Impact Assessment (EIA) was sent to the New Brunswick Department of the Environment (NBDENV) on 22 July 2011 and formerly registered on 9 August 2011. Part of the registration process requires that the Proponent demonstrate that the opportunity for public involvement in regards to the Undertaking was provided. The public involvement plan for this Undertaking was developed in accordance with the process described in Section 6 and Appendix C of "A Guide to Environmental Impact Assessment in New Brunswick ". The Proponent provided notification to elected officials, community and environmental groups and to potentially affected area residents and landowners as well as made copies of the document available to anyone who wished to review it (Le., Steps 1 -4 within the EIA Guide). In addition, Irving Oil placed an advertisement of the public involvement process in the Telegraph Journal. The opportunity for public involvement was initially scheduled to close on 30 August 2011; however, the question / involvement period was extended and included the presentation given at the 19th of September 2011 CCELC meeting. As a result of the public involvement process, written feedback was received from three stakeholders, including a member of the Saint John Citizen for Clean Air Coalition, the Saint John Fire Department, and a Iocal resident and fisherman. All public involvement activities are documented within this report, which will be made available for public viewing. 11 -8337 www.fundveng.com September 2011 I REPORT TO COMMON COUNCIL M &C 2015 -28 February 11, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Queen's Square Improvements —Award of Contract RArKf;R011K1n The City of Saint john As part of the 2014 General Fund Capital Budget Council allocated $525,000 towards the renewal of basic recreational infrastructure through the Facility Renewal Fund. A number of distinct projects were planned through this fund this summer, including the renewal of basic infrastructure at Queen's Square. This project includes the replacement of benches, light fixtures and the concrete stairs. This was previously tendered out in 2014 but the bids came in over budget. After some changes to the scope and timing of the work the project has been re- tendered. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT A public tender call was issued on Thursday, January 15, 2015 and closed on 2:30 PM Atlantic Standard time, Wednesday, February 4, 2015. Five (5) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE* John Flood & Sons (1961) Ltd. $343,996.52 Cossey Corporation $271,172.88 Fairville Construction Ltd. $287,462.40 King Construction Ltd. $350,315.93 Maguire Excavating $316,456.61 *Exclusive of HST Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 231 Report to Common Council Queen's Square Improvements - Award of Contract M &C 2015 -28 Page 2 of 2 The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ANALYSIS This work aligns with Play SJ and brings much needed investment to an urban public space that has seen a resurgence of popularity with the hosting of the Queen's Square Farmers Market in recent years. The existing infrastructure is past its effective service life and requires replacement. The estimated cost of this work was $225,000. The required monies are included in the 2014 General Capital Budget as part of the Facility Renewal Fund which was carried forward to 2015. RECOMMENDATION It is recommended that the tender for the Queen's Square Improvements as submitted by Cossey Corporation at the cost of $271,172.88 plus HST be accepted. In addition, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Michael Hugenholtz, P.Eng. Wm. Edwards, P.Eng. ` Deputy Commissioner, Commissioner, Transportation and Environmental Services Transportation and Environmental Services Patrick Woods, CGA City Manager 232 7 0 ooev* 5toto evelopifEent Shop P- PLANNING BUILDING INFRASTRUCTURE SAINT JOHN PO Box 1971, Saint John NB - Canada - E21L 4L1 OneStop @saintjohn.ca - Tel: (506) 658 -2835 233 I a 404 li J �� ] � -J� i'l -�j -� . yJ1J�1 �j �� I'] J �� y i I �] �u ji -�dl 30 4. I] -1] wji B11 ©�,� � Deveipp ment Shop BUILU6N6 INIRAS 17it1[.Il_JRI_ t - ,TrQhsFo ' rM,n FO 8 our SE,r . cusin8 o� C�,S our fOA, , MoVirlB S Sus T O�a,'as A �`�'')ab /e F amore c`fc re >> How We Got Here © t, 0 Ol e veopent Shop N ANNING f3t!ILI�INC, INFRASI -RUCI UR6: SAINT IOtiN The One -Stop Initiative • Council Established new Priorities in 2012 • One -Stop Development Shop Project • A Total Process Improvement Project ee,v 5tt velopent Shop N ANNING f3UlLI�INC, INFRASI -RUCI Ua6 SAINT IOtiN Guiding Principles • Innovation and Continuous Improvement • Predictability and Clarity • Facilitated and Streamlined • Customer and Community Focused e0 V ,v elapfent Sinop NANNING BUILDING INFRASI "RL:(ALIKE SAINT ]OHN Ab, Draft Servilce Delivery M Council Milestone • November 10, 2014 • Detailed Research Report • Draft Service Delivery Model Report • Council Authorizes the One -Stop Team to Engage Stakeholders ee,vmoo velopent Shop N ANNING f3t11LI�INC, INFRASI -RUCI UR6: SAINT IOtiN Ab, _.ter pw— OOPP key °der F eed Std 2�n015 fphr, Oee \pp" efi O`ry pf 581 A Oprorpu�l' gram sloa,p- Devel00 ut Sinop NIANNING fSUILDIN6 IN[RAS I RL:CII RE SAINT ]OHN Who Provided Feedback? ��►*•�� *1 X1"1 �1�1'"1 40 32 Developers, Builders & Consultants 8 Economic Development Representatives 0 14 PAC & HDB Members ft 33 GCDS Staff Members What Did Stakeholders Say? • A Generally Positive Response to the Model • Liked the Single Front Counter • Liked the Expedited Permit System • Concerned about Increasing Development Costs (Lot Grading Certificates) • Concerned about Showing Special Treatment with Project Fast Tracking ee'vmoo velopent Shop N ANNING f3UlLI�INC, INFRISFRUO Ua6 SAINT IOtily Changes � he Model Why Were Changes Made? • To address Stakeholder Feedback • To incorporate Detailed Costs • To Create Packages for Decision Making • To Align with a Phased Strategy • To make the Model Easier to Understand ee,vmoo velopent Shop N ANNING f3t11LI�INC, INFRASI -RUCI UR6: SAINT IOtiN Changes t the i Kev Changes Made] • No New Positions At This Time • New Online Services Recommended • Project Champion Recommended • More Front Counter Approvals • Extended Inspection Hours • Data Sharing Improvements Recommended • Lot Grading to be Further Evaluated • Fast Tracking Removed S q MgpE Jot S��UTI p N ee,vmoo velopent Shop N ANNING f3UlLI�INC, INFRASI -RUCI UK6: SAINT IOtiN Packages Total Improvement Options lecommended mprovements The Service elivery Model 1 1AFICKages. 0 the Essential Package �LI�M1f! Enhanced Compliance Packnue The Packages: Community Standards Package 0* Additional h Considerations The Service Delivery Model F 0Zt ® ■■ e ■■ .. n■r The Service Delivery Model r a F, F Formal Application lortiva A Standards Detailed Application Packages Pamphlets & Brochures Comprehensive Development Manual The Service Delivery Model 7m Improved Website Improvements & Redesign �pSIjC ■_ All Applications ... - Online Planning Applications Advertised Permit Activity Report Interactive Online Application Map The Service Delivery Model Adopt Click2Gov Software Online Application Portal Online Permit Tracking Online Inspection Scheduling The Service Delivery Model g, it bingie tv Counter Front Counter Renovations 0 � Front Counter Team Greater Decision Making Authority for Staff Expedited Permit, Variance & Subdivision Systems The Service Delivery Model tings ,ogra m Manuals The Service Delivery Model iter Hours Hours ight 0 The Service Delivery Model I tinclunly Dusistents tam1poss PI ICE IT System Modifications Large Plans Scanner Tablets for Inspectors Inspection Scheduling System Automated E -mail Notifications Service Auditor Role Improved Application Tracking The Service Delivery Model �n tmcieni, consistent & a u ( F ' F u icizing App ica ion Turnaround Times seamless Process Digital & • •- Digitize Infrastructure Street Files Internal File Digitization The Service Delivery Model 1_ w oei 21 II1HI H 1111 -+-i i i Fi,] Detailed Procedural Manuals Improved Training Programs Cross Service Training Process Improvement Team Staff Feedback Program Orientation & Communication for Decision Making Bodies The Service elivery Model I' I I I I Awareness Campaigns I ' ' I I I I I The Developers Taskforce Customer Satisfaction Survey Increased Representation at Association Meetings Application De -Brief Social Media The Service Delivery Model Improved Expanded Occupancy Permit Compliance Expanded Land Gazette Use General Permit Deposit Landscaping Security Deposit As -Built Drawing Requirement Lot Grading Improve Compliance Pilot The Service Delivery Model x The Service elivery Model Pilot Extended Legal Resource Through 2017 Additional Permit Fees for Work Without a Permit Simplified Legal Process tXIUIIUUU LUUI Dnnnurnn niln elivery Model Pilot Extended Legal Resource Through 2017 Additional Permit Fees for Work Without a Permit Simplified Legal Process The Service Delivery Model r p p J Jl�J r Mfr, •f• Pro"ac.."'d VP c orr ro � 1nity The Service Delivery Model ri M ; &U w Community Standards Officer I I I I r I j I k"qj K I 1 I I I I 11 r 11 l K a Permanent Legal Resource Regular Compliance Campaigns The Service Delivery Model The Service Delivery Model Accelerated File Digitization YouTube Videos Mobile App Project Fast Tracking axing li cl slo T"k Ol�t��l� 5/ Recommended Option Recommended The Essential Package The Enhanced Compliance Package Re=Evaluatein2017 The Community Standards Package Not Recommended ne Additional :onsiderations �1 0 jav evel00, Ut Shop N ANNINC, f3t11LI�INC, INFRASI -RUCI UR6: SAINT IOtiN City Costs Instructional & Supportive Materials An Improved Website New Online Services A Single Front Counter A Large Project Support System Extended Service Hours An Efficient, Consistent & Seamless Process A Dedicated & Knowledgeable Team A More Engaging Development Service Improved Compliance Extended Legal Resource Pilot Program Additional Fees for Work Without a Permit mplified Legal Process Community Standards Officer Permanent Legal Resource Regular Compliance Campaigns COST SUMMARY: TOTAL OPERATING COST 2015 * $831200 LESS OFFSETS (vacancies, etc.) - $83,200 TOTAL CAPITAL COST 2015 ** $98,000 LESS CAPITAL BUDGET REQUEST 2015 ** - $100,000 ASK OF COUNCIL 2015 $0 ESTIMATED CAPITAL COST 2016 $15,0001 * A portion to be potentially cost - shared with other departments ** Subject to Council approval of the GDCS 2015 Capital request �n41:,�ti fC'tJJ�1 {�1t� COST SUMMARY: *.Nb�� TOTAL OPERATING COST 2017 $50,000 ��71A1 A1�� COST SUMMARY: TOTAL OPERATING COST 2018 $150,000 Note: It is recommended that a decision on this package be deferred to 2017, after the completion of pilot programs concerning staff resources. 1 0101�vaopMont Shop N1ANNINC. BUILMNG INHiAS ljitd.IL IRI_ SAUYT)C)tiN T HIIIIIHdHi n uranina nnrnum IISMKIIIIT UrIlwini 10 I ..need: �f r ►q i'� rj Iii P-P-77" IJ� ■ Boa p All • ► q *V, I I 1H I I I H I IF, 2015 1111'1111111111 Guidance Documents: Pamphlets, Brochures & Submission Standards Pilot Improved Inspection Scheduling Contractor Drop In Night Project Champion Pilot: Large Projects Pre - application Meetings: Large Projects ZA.,Plr_ 1� e�eMe,)ts Illi- Illli- II IF, llllll1ill1lllll1 2016 2016 Single Front Counter Experience New Improved Website Expedited Permit, Variance & Subdivision Systems Online Application, Tracking, Inspections & Automated E -mail Notifications Extended Service Hours Developers Taskforce _"_1 M ?01 QJOr Ser Gh, Additional Fees for Work Without a Permit Awareness Campaigns, Customer Satisfaction Surveys & Publicized Service Metrics Implementation Next Steps Continue Engagement with Key Stakeholders Periodic Updates to Council on Implementation Progress Inform Stakeholders Through Quarterly Bulletins Drafting new Suite of Development By -Laws Operationalize the Service Delivery Model $to 0 1 low, 6* ee �, � �4 velopent Shop*,, N ANNING BUILDING INFRASI- RUC.IURE 11-1 1 Adopt The Essential Package a The Enhanced Compliance Package. 2 Direct Staff to Proceed with the Implementation of these 2 Packages. Direct Staff to Proceed with rewriting the 3 Subdivision aBuilding By -laws and the development of the Stormwater Drainage By- law. ,1 so �\ _ Development Shop PLANNItiG BUILDING INFRASTRUCTURE S4IN7' J()Hh M &C 2015 — 023 February 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councilors: Subject: One -Stop Development Shop Final Service Delivery Model Options Background On November 10, 2014, the One -Stop Development Shop team presented Council with a Draft Service Delivery Model with 67 key improvements designed to achieve the vision of the One -Stop project as outlined in the four guiding principles endorsed by Council in May 2014: • Innovation and Continuous Improvement • Predictability and Clarity • Facilitated and Streamlined • Customer and Community Focused The key improvements presented in November 2014 were based on initial stakeholder feedback, thorough national best practice research, site visits to neighbouring municipalities, and identifying gaps between current internal processes of the service area and the vision outlined in the guiding principles. At that Council meeting, Council authorized the One -Stop team to engage stakeholders on the Draft Service Delivery Model options. Council was advised that once stakeholder engagement was completed, the service delivery model would be finalized after necessary modifications were made, detailed costing would be assigned to the options and a Final Service Delivery Model brought back to Council for consideration. At this milestone of the One -Stop project, the team is pleased to present Council with the Final Service Delivery Model options for Council's consideration. This report and its attachments outline the results of the stakeholder engagement sessions, the modifications that have been made to the service delivery model, three model options with detailed costing for each option (both one -time and recurring costs), additional considerations, the One -Stop team's recommendation and the project's next steps. Stakeholder Feedback Since November, the One -Stop team has conducted a series of stakeholder engagement events to receive feedback on the draft service delivery model options. Five groups of stakeholders were identified and individual sessions were designed around the specific needs and characteristics of each stakeholder group. The details of the events are below: Planning Advisory Committee and Heritage Workshop Development Board Developers / Builders Workshop Economic Development Agencies Focus Group Department Staff Engagement Sessions Workshops Staff Focus Groups Focus Group November 26, 2014 December 3, 2014 December 4, 2014 December 15, 2014 December 18 -23, 2014 The sessions were well- attended and the team received honest, thoughtful and meaningful feedback. Overall, 126 invitations were sent out for the developers /builders workshop, with 32 participants attending. For the economic development agencies focus group, 40 invitations were sent out, with 8 people attending. Generally, there was positive reaction to the model options. Overall, participants believed the Draft Service Delivery Model would achieve the goals of the project, but cautioned about adding costs to development and the service area. For Council's review, the feedback received is summarized in detail in the attached Stakeholder Feedback Report. Since the November 10, 2014 Council milestone, the One -Stop team has continued work on the refinement of the service delivery model. Several changes have been made to the proposed Final Service Delivery Model for the following reasons: • To address feedback from stakeholders; • To realign the features of the model to reflect detailed costs; • To provide more detail on the proposed improvements and a means of packaging the service enhancements; 21 Page 278 • To incorporate a more cost effective, phased approach to implementation; and • To make the presentation and organization of the proposed service improvements easier to understand. As a result of detailed feedback from the stakeholder engagement sessions and through efforts to mitigate costs associated with implementing the One -Stop Service Delivery Model, the following changes have been made to the content contained in the Final Service Delivery Model: 1. The addition of new permanent staff positions (Community Standards Officer and Legal Resource) has not been included in recommended packages. Alternatively, pilot projects will provide an opportunity to assess the need for these positions moving forward and will be reconsidered in mid to late 2017. 2. An informal pre - application process will be available to developers of large projects to encourage the exchange of important information early on in the development process. 3. The Project Champion role has been integrated into recommended packages for large projects from the pre - application process onwards. 4. Front counter approvals have been expanded beyond simple building permit applications to include simple planning and infrastructure applications. 5. There will be a social media presence through the City's Communication Department to provide information and updates on the City's development service. 6. Open data initiative which shares building permit and planning application data has been integrated into recommended packages. 7. Building Inspection mandatory scheduling program will be piloted on residential development and later expanded to the remainder of new developments. 8. The Lot Grading Certificate requirement will be reviewed during the development of the new Stormwater Drainage By -law. 9. Project fast tracking has been removed from the recommended packages to ensure a level playing field for all and it has been left as an additional item for consideration by Council. 10. Extended business hours have been expanded to inspections to provide customers with more convenient access to inspection services. 31 Page 279 The Final Service Delivery Model Options The Final Service Delivery Model is presented to Council as a series of three options: • The Essential Package • The Enhanced Compliance Package • The Community Standards Package The options are outlined in detail in the attached document — One -Stop Development Shop Final Service Delivery Model. Each option includes a discussion of the included improvements, the resulting outcomes and benefits, the associated costs, and the implementation period. There is also an "Additional Considerations" section that are stand -alone options available for Council's consideration that can be selected individually, if Council so chooses. THE ESSENTIAL PACKAGE The Essential Package is the core improvement option proposed as part of the One -Stop Development Shop program. It provides 58 service level enhancements significantly improving the level of service while maintaining existing staffing levels. This package proposes a variety of improvements that enhance customer service, streamlines development processes, provides benefits to the community and increases the efficiency of the development service. Many of the components in this package are not intended as stand -alone improvements, and are interdependent with other components. THE ENHANCED COMPLIANCE PACKAGE The Enhanced Compliance Package is a recommended set of service improvements which are dependent on the extension of the One -Stop Legal resource through to the end of 2017 (a six month extension). The additional legal resource will provide an opportunity to pilot several compliance programs that will create a stronger culture of compliance with development - related by -laws. The support of the extended legal resource will ensure that the overall compliance program is effective and will contribute to reduced liability risks through increased enforcement, an increase in development by- law compliance rates, and promote a positive culture of voluntary compliance. In mid to late 2017, the effectiveness of the additional compliance programs and the need for the additional legal resource will be re- evaluated. THE COMMUNITY STANDARDS PACKAGE The Community Standards Package is an additional service enhancement option that further builds on The Essential Package and The Enhanced Compliance Package. This package provides the highest service level of the three packages as it includes the necessary resources to take a proactive approach towards compliance issues with community standards, such as Zoning By -law compliance, unsightly premises and other non -life safety matters. This is intended as a long term improvement option to be evaluated in 2017 following the full implementation of the One -Stop service model and at the conclusion of the extended legal resource pilot program (if chosen by Council). 41 Page :1 The chart below provides a quick comparison of the three packages and the associated costs: THE ESSENTIAL PACKAGE Instructional & Supportive Materials COST SUMMARY: : *• i An Improved Website TOTAL OPERATING COST 2015 * $83,200 ,t New Online Services LESS OFFSETS (vacancies, etc.) - $83,200 A Single Front Counter TOTAL CAPITAL COST 2015 ** $98,000 A Large Project Support System LESS CAPITAL BUDGET REQUEST 2015 *" - $100,000 Extended Service Hours ASK OF COUNCIL 2015 $0 An Efficient, Consistent & Seamless Process A Dedicated & Knowledgeable Team ESTIMATED CAPITAL COST 2016 $15,000 A More Engaging Development Service * A portion to be potentially cost - shared with other departments Improved Compliance ** Subject to Council approval of the GDCS 2015 Capital request THE ENHANCED COMPLIANCE PACKAGE pnv_r�i Extended Legal Resource Pilot Program COST SUMMARY: l Additional Fees for Work Without a Permit TOTAL OPERATING COST 2017 $50,000 Simplified Legal Process Community Standards Officer COST SUMMARY: Permanent Legal Resource TOTAL OPERATING COST 2018 $150,000 Regular Compliance Campaigns Note: It is recommended that a decision on this package be deferred to 2017, after the completion of pilot programs concerning staff resources. DISCUSSION Selection of both The Essential Package and The Enhanced Compliance Package is recommended. In an effort to mitigate costs, these packages do not involve additional permanent staff positions, but offer a number of pilot programs to try new approaches to achieve the desired service results. It is anticipated through the implementation of all service enhancements within The Essential Package, internal efficiencies will result which will free up staff time to provide an enhanced level of service to customers. This also means that it is expected that an enhanced level of service for compliance of non- life safety matters is possible. As Council is aware, there is only a very basic service level currently provided for matters such as Zoning By -law compliance, unsightly premises, and other non -life safety matters. While the service area does respond to complaints regarding these matters, a proactive approach would yield more desirable results for the community, all the while entrenching the standards 51P_ ,F, 281 as envisioned by PlanSJ and ZoneSJ in the community and with customers of the development service. To this end, a program of enhanced community standards compliance with existing resources will be piloted over a period of two years, with an evaluation of the results of the pilot program brought back to Council late in 2017. An alternative to a new permanent legal resource, as outlined in the Draft Service Delivery Model presented in November 2014, is The Enhanced Compliance Package as recommended in the Final Model. This package extends the dedicated legal resource currently in place with the One -Stop team to the end of 2017. The need for an ongoing, permanent legal resource would then be evaluated, based on results and outcomes experienced during the pilot program. It is critical to the success of the One -Stop Development Shop, particularly with the adoption of new by -law standards and the implementation of new processes, to have a dedicated legal resource. This position would support the implementation of the One -Stop Shop through simplified legal processes, guidance and direction from transition to implementation, and most importantly to support the needed culture change in the community and amongst customers to ensure community standards are met and complied with for each and every development. Lot Grading and Placement of Fill The Draft Service Delivery Model considered a lot grading certificate requirement for all new developments to ensure lot grading is completed according to approved plans and would not negatively impact neighbours. Stakeholders raised concerns with this concept as initial cost estimates for this additional work is in the range of $1,500 - $2,000 per developed lot. This issue needs further research to better understand the benefits and impacts of such a change; therefore, a final recommendation on this issue will be deferred until the Stormwater Drainage By -law process takes place. There will be further consultation with stakeholders during the by -law research and drafting stage. The One -Stop team will work towards a solution that meets the needs of all concerned — the developers and the community. A solution for the issue of the placement of fill is another matter that needs to be considered as part of the Stormwater Drainage By -law and will be part of that process. Potential Additional Costs to Developers Throughout the stakeholder sessions, concerns around additional costs to the development industry were raised, with the interest of ensuring the City of Saint John is supportive and encouraging to new development. The Final Service Delivery Model includes only two improvements that may result in additional costs to developers: lot grading certificates and as -built drawings. As mentioned above, a final recommendation on lot grading is being referred to the Stormwater Drainage By -law process. The requirement for as -built drawings ensures new underground and aboveground municipal infrastructure is installed according to the approved design prior to acceptance by the City. This information is critical for ongoing asset and operational management. As -built drawings are already required pursuant to the Clean Environment Act for water and wastewater installations; it is already in practice outside of Saint John and with developments inside the City. The typical cost for as- builts for a new subdivision is $100 to $200 per lot. 61 Page 282 A system of required deposits might also be considered an additional cost, but in reality, deposits are returned in full to the applicant once their project has been completed with no additional services required outside of those that are included in the permit fee. Landscaping security deposits are also held for larger projects until required landscaping is completed in the time required by the Zoning By- law or conditions imposed by the Planning Advisory Committee or Common Council. While there were a few concerns raised by stakeholders about the system of deposits, they asked that the deposits not be cost - prohibitive, are proportional to the scale of the project and that the system is clear and consistently applied. Accelerated File Digitization Listed as an "Additional Consideration" in the Final Service Delivery Model, is an accelerated program of file digitization for both the Planning and Building Inspection paper files. The abundance of paper files is challenging in terms of information integration, researching property history for internal use, researching property information in response to Right to Information Requests, and the cost of active storage space. Given the volume of paper files, cost estimates to digitize are approximately $88,000; however, considering the per square foot costs of floor space, the payback period of digitizing is in the order of four years if the floor space used is reduced /eliminated during any real estate changes at City Hall (the payback period is based on the current rental and file storage arrangement at City Hall). This item is flagged at this time as it might return to Council for consideration during the 2016 budget deliberations if future plans for City Hall are clearer at that point and reducing floor space looks like a viable option moving forward. SUMMARY In summary, staff is recommending adoption of both The Essential Package and The Enhanced Compliance Package. Adoption of both packages will result in 61 service enhancements with the following key benefits: • Enhanced level of customer service; • Streamlined development processes; • Increased information sharing with the Community; • Improved efficiency of the development service; and • A stronger culture of compliance with by -laws. Some of the key deliverables are further detailed on the following page in the summary of next steps. It should be noted that while adoption of the two packages include future costs (2016 and 2017 budget years), staff is not seeking approval of those expenditures at this time but instead would return before Council as part of budget deliberations annually to allow for further consideration and discussion of the budget impacts at that time. The intent of the adoption of the two packages at this time is to provide staff with clear guidance on how to move forward with respect to the suite of One -Stop Service Delivery Model improvements. 71 Page 283 Text Steps Once Council selects an option(s) for the Final Service Delivery Model, the One -Stop team will proceed with implementing the One -Stop Development Shop, beginning with rewriting the Subdivision and Building By -laws and developing a Stormwater Drainage By -law. A summary of next steps is shown below: Guidance Documents Engagement of key stakeholders will continue throughout the project, particularly in conjunction with by -law drafting and to seek feedback on the various initiatives /improvements in the selected model. For example, the One -Stop team intends to hold focus groups with homeowners to help shape and design improvements that directly affect them, such as the Backyard Project Day initiative, so that it meets the needs of those clients who will use the service the most. The One -Stop team will update Council on progress of the project on a quarterly basis at a minimum. Every by -law will also come before Council for discussion and consideration prior to adoption. The One -stop team will keep its stakeholders updated through quarterly bulletins; the next bulletin will be issued within the week following Council's decision on the Final Service Delivery Model. As well, the team posts project information, such as bulletins and reports, on the City's website so stakeholders have access to all One -Stop project information and documents. 81 Page I Single Front Counter Pamphlets, Brochures & Experience Submission Standards 1 1 New Improved Website Pilot Improved I IInspection Scheduling Online Application, Contractor Drop In Tracking, Inspections & Nights Automated E -mail Project Champion Expedited Permit, Pilot: Large Projects Variance & Subdivision Systems Pre - application Meetings: Large Extended Service Hours Projects Awareness Campaigns, Preparation of New Customer Satisfaction Surveys Stormwater Drainage & Publicized Service Metrics I By -Law and Updating Developers Taskforce of Building and i Subdivision By -Laws Additional Fees for Work ' Without a Permit Guidance Documents Engagement of key stakeholders will continue throughout the project, particularly in conjunction with by -law drafting and to seek feedback on the various initiatives /improvements in the selected model. For example, the One -Stop team intends to hold focus groups with homeowners to help shape and design improvements that directly affect them, such as the Backyard Project Day initiative, so that it meets the needs of those clients who will use the service the most. The One -Stop team will update Council on progress of the project on a quarterly basis at a minimum. Every by -law will also come before Council for discussion and consideration prior to adoption. The One -stop team will keep its stakeholders updated through quarterly bulletins; the next bulletin will be issued within the week following Council's decision on the Final Service Delivery Model. As well, the team posts project information, such as bulletins and reports, on the City's website so stakeholders have access to all One -Stop project information and documents. 81 Page I Recommendation Your City Manager recommends that Common Council: (1) adopt the One -Stop Development Shop Final Service Delivery Model options "The Essential Package" and " The Enhanced Compliance Package" as outlined in this M &C 2015 -023, (2) direct staff, subject to Council's budget approvals, to proceed with implementation of the One - Stop Development Shop Final Service Delivery Model options "The Essential Package" and " The Enhanced Compliance Package" as outlined in this M &C 2015 -023, and (3) direct staff to proceed with rewriting of the Subdivision By -law and Building By -law and the development of the Stormwater Drainage By -law that incorporates the service improvements outlined in this M &C 2015 -023. Respectfully Submitted, Amy Poffenroth, PEng MBA ssioner, Growth & Community Development Services Iton, MURP, MCIP, RPP issioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager Attachments: Final Service Delivery Model document, Stakeholder Feedback Report 91 Page 285 une-stop Development Shod al Service DPII-VF GIs[: �P1 5tto PLANNING BUILDING INFRASTRUCTURE SAINT JOHN PO Box 1971, Saint John NB - Canada - E21- 41-1 OneStop @saintjohn.ca - Tel: (506) 658 -2835 :. 28 Contents 2...... The Service Delivery Model 9...... The Essential Package 10... Instructional & Supportive Materials 12... An Improved Website 14... New Online Services 17... A Single Front Counter Experience 20... A Large Project Support System 22... Extended Service Hours 24... An Efficient, Consistent & Seamless Process 29... A Dedicated & Knowledgeable Team 31... A More Engaging Development Service 34... Improved Compliance 39.... The Enhanced Compliance Package 43.... The Community Standards Package 47.... Additional Considerations 50.... Implementation "Transforming Our Service Focusing on Our Customers Moving Towards A More Sustainable Future." Development Shop 288 Page 1 1 ti l:V �; lit �I l_I]9,tit: IVFAA.SI0.t'c:ll'lef' }41N410HN The One -Stop Development Shop Initiative The City of Saint John has a clear vision for a prosperous and sustainable community. That vision is detailed in PlanSJ. One way that our community will realize that vision is through the creation of the One -Stop Development Shop, a "one counter" approach to ensure the development and building permitting process for customers, such as developers and other property owners is clear, consistent and efficient. This brings together the City's Planning, Building and Infrastructure service areas in one central location. It puts the right information and approvals in one place with a customer - focused approach. This project began under the leadership of Common Council with the establishment of new Council priorities in 2012. One of these priorities was focused on implementing clear and consistent internal processes to facilitate investment and development in Saint John. Out of this priority, the One -Stop Development Shop project was initiated. Over the past two years, the "One- Stop" team has undertaken extensive consultation and research to develop the best way to meet the needs of our community. The focus is on collaboration with our customers - everyone from a developer building a large apartment building to a homeowner adding a new deck. A set of guiding principles for the One -Stop program was developed from discussions with stakeholders and endorsed by Council in May of 2014. These guiding principles are: • Innovation and Continuous Improvement • Predictability and Clarity • Facilitated and Streamlined • Customer and Community Focused The One -Stop team began a comprehensive review process to develop draft service delivery model options that reflected these guiding principles. This included a detailed internal process review, exploration of best practices in other municipalities, discussions with stakeholders, site visits and more. Based on this extensive effort, a range of customer - focused service delivery model options were developed. They corresponded to the five primary features of the One -Stop Development Shop: 1. Improve Customer Service 2. A Dedicated, Knowledgeable Development Service Team 3. An Efficient, Consistent and Seamless Process 4. Improve Transparency, Communication and Engagement 5. Compliance Developient Shop 289 Page iA r.. imp. [ -u nosy. 0' Pop The draft service delivery model options were brought before Common Council on November 10, 2014 for authorization to engage key stakeholders for feedback on the draft model. Two reports were provided at this time: The Research Report Provided an overview of best practices across Canada with a detailed focus on Maritime Cities with similar development contexts. Draft Service Delivery Model Options Outlined the options to improve customer service in the draft service delivery model. These two documents formed the basis of the program to engage key stakeholders. This engagement program included workshops and focus groups for a variety of stakeholders of the development service. Opportunities to provide feedback were also available on the One -Stop webpage. The groups included in the stakeholder workshops were: • Developers and Builders • Consultants • Economic Development Agency Representatives • The Planning Advisory Committee • The Heritage Development Board • Growth and Community Development Service Staff Members Develo rent Sho p Q , 0 290 Page 3 Feedback from these stakeholder groups helped shape the Final One -Stop Service Delivery Model. This feedback is outlined in an accompanying document, the Stakeholder Feedback report. Changes to the Service Delivery Model Since the November 10, 2014 Council milestone, the One -Stop team has continued work on the refinement of the service delivery model. Several changes have been made to the service delivery model for the following reasons: • To address feedback from stakeholders. • To realign the features of the model to reflect detailed costs. • To provide more detail on the proposed improvements and a means of packaging the service enhancements. • To incorporate a more cost effective, phased approach to implementation. • To make the presentation and organization of the proposed service improvements easier to understand. As a result of detailed feedback from the stakeholder engagement sessions and through efforts to mitigate costs associated with implementing the One -Stop Service Delivery Model the following changes have been made to the content contained in the Final Service Delivery Model: 1. The addition of new permanent staff positions (Community Standards Officer and Legal Resource) have not been included in The Essential Package. Alternatively, pilot projects will provide an opportunity to assess the need for these positions moving forward and will be further considered in mid to late 2017. 2. An informal pre - application process will be available to developers of large projects to encourage the exchange of important information early on in the development process. 3. The Project Champion role has been integrated into the Essential Package for large projects from the pre - application onwards. 4. Front counter approvals have been expanded beyond simple building permit applications to include simple planning and infrastructure applications. 5. A social media presence through the City's communication department to provide information and updates on the City's development approvals process. 6. Open data initiative which shares building permit and planning application data has been integrated into The Essential Package. Developent Shop 291 Page , 4 I'1,1,':NJ NC. UILOIN�, INll�n,t'I Ill �CLURE Y4NT,ONN 7. Building inspection mandatory scheduling program will be piloted on residential development and later expanded to the remainder of new developments. 8. The requirement for Lot Grading Certificates will be reviewed during the development of the new Stormwater Drainage By -law. 9. Project fast tracking has been removed from The Essential Package to ensure a level playing field for all and has been left as an additional item for future consideration by Council. 10. Extended hours has been expanded to inspections for increased accessibility to services. The Final Service Delivery Model The Final Service Delivery Model has been organized into a set of three packages to facilitate a clear decision making process for the selection of the final service delivery model. Within these three packages there are 68 improvement options to modernize the development service, improve efficiency and create a high standard for customer service. A phased approach has been proposed for implementation of these service delivery model packages to prioritize implementation and make the best use of resources. The following three packages make up the service delivery model: The Essential Package The Essential Package is the core improvement option of the service delivery model. It is organized by 10 key improvement areas and includes a total of 58 individual service level improvements. The following 10 key improvement areas are contained in The Essential Package: 1. Instructional & Supportive 2. An Improved Website 3. New Online Services (4) Materials (4) (5) 4. A Single Front Counter 5. A Large Project 6. Extended Service Hours (4) Experience (6) Support System (4) 7. An Efficient, Consistent & 8. A Dedicated & 9. A More Engaging Seamless Process (11) Knowledgeable Team (7) Development Service (6) 10. Improved Compliance (7) D841, rent Sho 292 wH,,o�� Page � 5 The Enhanced Compliance Package The Enhanced Compliance Package is an additional service enhancement option designed to supplement The Essential Package. The following three improvements are available in The Enhanced Compliance Package: Extended Legal Resource Through 2017 Simplified Legal Process Additional Permit Fees for Work Without a Permit The Enhanced Compliance Package in conjunction with The Essential Package is the recommended option for Council at this time. The Community Standards Package The Community Standards Package is an additional service enhancement option that further builds on The Essential Package and The Enhanced Compliance Package. This package provides the highest service level of the three packages and is not recommended at this time as staff plan to undertake pilot projects and to fully implement the One -Stop Service Delivery Model. Re- evaluation of the package is recommended in late 2017, to allow the One -Stop team to realize efficiencies and assess pilot projects. The following three improvements in The Community Standards Package would further enhance service levels: Community Standards Officer Compliance Campaigns Permanent Legal Resource Additional Considerations Several additional service enhancements are available for Council's consideration. These stand- alone items are not recommended at this time due to cost implications and concerns raised by development industry stakeholders. Accelerated File Digitization may warrant further consideration in the near future. Accelerated File Digitization YouTube Videos Mobile App Project Fast Tracking By -Laws In addition to the packages identified above, the One -Stop team will be proceeding with the rewriting of the Subdivision and Building By -Laws and developing a Stormwater Drainage By -Law. A QKqo;4qP , ,r �� 293 Page 6 Reading the Service Delivery Model For the ease of the reader, each service enhancement contained in the proposed Final Service Delivery Model includes icons that highlight the impact of the improvement, it's cost and implementation timeline. If no cost icons are present for a service enhancement, this indicates that the enhancement can be implemented using existing resources. The following nine icons are found in the service delivery model: ,�Ij�,, Improves Customer Experience Streamlines Review Processes d O F■ Benefits the Community i Creates Operational Efficiencies X111 •i• IVStakeholder Concerns Raised AMP- 1 Start Up Costs Required Recurring Annual Costs Required i r MEN Implementation Timeframe Added Developer Costs *N* D841, rent Sho p ,, 294 Page 7 Developil�ent Shop 295 Page 1 8 11-1 Y41NT �04IN The Essential Package is the core improvement option proposed as part of the One -Stop Development Shop program. It provides a significantly enhanced level of service while maintaining existing staffing levels. The package proposes a variety of improvements that enhance customer service, streamlines development processes, provides benefits to the community and increases the efficiency of the development service. However, there are limited improvements to compliance for non -life safety issues such Zoning By -Law standards. Many of the components in this package are not intended as stand -alone improvements, but in fact are interdependent with other components. Adoption of all service enhancements within The Essential Package is recommended. Start Up Costs: $196,200 (Included in Department Budget Over 2 Years: 2015 - 2016 ) * 45 of the 58 improvements have no additional costs and can be implemented using existing resources by realizing operational efficiencies. Recurring Annual Costs: $20,900 The Essential Package Instructional & Supportive Materials A Single Front Counter Experience An Efficient, Consistent & Seamless Process Improved Compliance An Improved Website A Large Project Support System JLL New Online Services Q*1* Extended Service Hours A Dedicated & Knowledgeable A More Engaging Development Team Service 296 1. Instructional & Supportive Materials Instructional and supportive materials are crucial in providing up -to -date information that assists customers in the preparation and submission of development applications. They ensure a clear and predictable review process and help citizens prepare plans and submit applications with relative ease. Internally, improved guidance and screening for customers at the front end of the review process helps to ensure that applications are not missing important pieces of information. This will reduce the amount of time spent by staff working with applicants to complete their application. Having these materials available is crucial to ensure that the development service operates efficiently. Therefore, the One -Stop Service Delivery Model proposes the following improvements: Formal Application & Submission Standards Application and submission standards will be clearly defined and communicated for all development service permits and applications. This will make it easier for customers to submit applications and help to avoid delays resulting from the submission of incomplete applications. It will also reduce the time spent by staff working to obtain additional information. Detailed Application Packages All Growth and Community Development Service application forms will contain instructional information and detailed checklists to provide customers with the information they need. This will ensure that all customers are aware of the requirements and timelines for their application. �! Creates Operational Efficiencies A Enhances Customer Experience Implementation: Q1, 2016 I Creates Operational Efficiencies 40k Enhances Customer Experience Implementation: Q3, 2015 Devel it ent Shop 297 Page 1 10 I'ln,':NJNC. UILOIN�, INt SIN�CIU2E Y4NTIO4IN Pamphlets & Brochures A suite of pamphlets and brochures will be Enhances Customer Experience created detailing the various applications Creates Operational Efficiencies and processes of the development service. These materials will include easy to use ��,� Enhances Customer Experience checklists, sample drawings and templates ■ ■ ■ Implementation: Q4, 2016 ■ ■� to simplify the task of preparing an �© Start Up Costs: $2,000 application. translation services, graphic support and M Implementation: Q1, 2016 The development of these materials will Q initially cost $2,000 for translation services and printing costs. Comprehensive Development Manual A comprehensive development manual Enhances Customer Experience outlining all service areas, permits, approvals and applicable by -laws will be developed to support customers and provide a better `© Start up Costs: $1,000 understanding of the development service. ■ ■ ■ Implementation: Q4, 2016 ■ ■� Initial creation costs for the development manual will be approximately $1,000 for translation services, graphic support and printing. The development manual will be prepared following the completion of pamphlets and brochures and will be available by quarter 4, 2016. delwidpeont'shop 298 Page 1 11 PIC>P"t , I' ,, 11 I I V4NI'14NN D2. An Improved Website The City's website is often the first point of contact for customers trying to confirm the requirements of the development process and for citizens interested in finding out what projects are being developed in their community. For the development service webpage to meet the needs of both the customers and the community it serves, it is important to share information that is informative, timely, resourceful and that encourages an open and transparent development process. Therefore, the One -Stop Service Delivery Model proposes the following improvements: Website Improvements & Redesign The Growth and Community Development Service section of the City of Saint John website will be updated in order to reflect the new and improved development service Updating the website will use existing City of Saint John resources for web design and IT support. The new webpage will go live in quarter 1, 2016, following the preparation of content. All Applications Available Online The updated "One- Stop" Growth and Community Development Service webpage will have all application forms and supporting materials available online. All existing application forms are presently in the process of being made available on the website and the future revised application forms will be available online by quarter 1, 2016, when the website goes live. *4 Enhances Customer Experience S.11:l•f. ` N Benefits the Community Implementation: Q1, 2016 Enhances Customer Experience I ■ Implementation: Q1, 2016 iiil i nt Shop., ,. 299 Page 1 12 Dev 1.1 die Planning Applications Advertised All applications seeking land use approvals s.11.1.r. Benefits the Community from Common Council, the Planning Advisory Committee and Development Officer variance decisions will be advertised on the ■Implementation: Q1, 2016 City's website. This will provide citizens with information on upcoming development approvals in their neighbourhood. Permit Activity Reports A report outlining active permits and planning applications will be posted on the Benefits the Community Growth and Community Development Service website on a regular basis to provide ■ Implementation: Q4, 2015 the community with information on current and upcoming projects in the City. A summary report of development activity will also be posted on a monthly basis. Interactive Online Application Map A clear picture of real -time developments ,;;; •� Benefits the Community and approved projects will be made available online through an interactive map displaying active building permits and planning NO applications. `� Start up Costs: $5,000 Start up costs of approximately $5,000 will ;;� Implementation: Q1, 2016 be required for specialized IT services. delwidpeont'shop soo Page 1 13 PI % >P"t , I' ,, 11 I I V4NI'14NN () 3. New Online Services With widespread use of the internet, there is a growing community expectation that municipalities offer more services online. To meet this expectation, the One -Stop model explores the adoption of a software program that makes offering online services affordable and efficient. To achieve this, the One -Stop Service Delivery Model proposes the following improvements: Adopt Click2Gov Software Click2Gov is a software solution designed to provide public facing services for users of Sungard Naviline HTE, the enterprise system currently used by the City of Saint John. The adoption of this program will allow Growth and Community Development Services to offer enhanced services such as accepting online applications, tracking permits online and scheduling inspections online. The program is currently used by the City's Parking Commission, which allows for the development modules of the program to be purchased and licensed at a discounted price. The cost to purchase the program is approximately $22,000 with a yearly licensing and maintenance fee of $1,500. Some customization of existing software systems may be required before the additional online services can be operational ized. Doevelopifont,Shop "I t'� ' I'• L I'" I' ! \ + SNN'1' Il1M[i I! Creates Operational Efficiencies 301 Page 1 14 Enhances Customer Experience We Start Up Costs: $22,000 �© Recurring Annual Costs: $1,500 r i ■ ■■ . ■O Implementation: Q1, 2016 301 Page 1 14 Online Application Portal An online portal will be established to allow customers to submit their applications ��.,�► Enhances Customer Experience electronically, through the City of Saint John website. ;;Q Implementation: Q1, 2016 The establishment of this program is dependent on the adoption of Click2Gov. Additionally, to fully support online applications, instructional and supportive materials must be available on the website. This ensures that applications that are submitted are not missing any plans or pertinent information. Therefore, the implementation of online applications is anticipated for quarter 1, 2016. Online Permit Tracking A web application that allows customers to A t track the real time status of their building Enhances Customer Experience permit and planning applications will be established. This will provide greater access Creates Operational Efficiencies to information for customers and reduce the number of inquiries responded to by City staff. ■ ■■ Implementation: Q1, 2016 ..O The establishment of this program is dependent on the adoption of Click2Gov. The implementation of this program will also be dependent on modifications to other existing software programs. Therefore, implementation of the program is anticipated for quarter 1, 2016. delwidpeont'shop 302 Page 1 15 PIC>P"t , I' ,, 11 I I V4NI'14NN Online Inspection Scheduling A system will be established to allow customers to schedule their building inspections online through the City's website. This will make it easier for customers to plan and schedule their inspections. The establishment of this program is dependent on the adoption of Click2Gov. The implementation of this program will also be dependent on modifications to existing software programs. Therefore implementation of the program is anticipated for quarter 4, 2016. Enhances Customer Experience I Pilot. Q1, 2016 ■ ■ ^ Implementation: Q4, 2016 Doevelopifent,Shop 303 Page 1 16 11 4. A Single Front Counter Experience The establishment of a single front counter for the development service is a fundamental component of the One -Stop Service Delivery Model. It will improve access and convenience to all development services, providing a true one -stop service experience. The single front counter also provides an opportunity to streamline development service processes and to create operational efficiencies. The One -Stop Service Delivery Model proposes the following improvements: Single Front Counter Renovations Renovations will be undertaken to fully merge the Community Planning, Building Inspection and Infrastructure Development service into one cohesive public facing service with a single front counter. All development related permits, applications and staff will be available in one location. The estimated cost for renovations is $45,000 which includes redesigning the front counter and creating space to accommodate the relocation of Infrastructure Development Service staff. Single Front Counter Team Established A front counter team will be established, comprised of technical and administrative staff from each of the three service areas. This team will provide a coordinated approach to customer guidance and quality control at the front counter. This new team will also be able to expedite the review process for smaller applications by providing simple approvals at the front counter. de1w, pirent Shop,l 304 401 Enhances Customer Experience 11 Creates Operational Efficiencies Streamlines Review Processes Wdowds �© Stan: Up Costs: $45,000 I i ■ Implementation: Q1, 2016 Enhances Customer Experience 1 I i Creates Operational Efficiencies Streamlines Review Processes ■ ■ ■ Implementation: Q1, 2016 Page 1 17 Greater Decision Making Authority for Staff To support the front counter team and to improve the efficiency of the development review process, development service team members will be provided enhanced decision making authority once training and guiding procedures are completed. This will allow for small approvals to be made at the front counter and for expedited approval systems to be established. This is intended to streamline the review process by bringing in the appropriate level of staff at the right time. Expedited Permit System An expedited permit system will be established that improves efficiency and provides customers with clearer expectations on the time required to review their projects. Tiers will be established according to project size and complexity, with small projects receiving approvals at the front counter. This will ensure that small and mid -sized projects are reviewed quickly and are not delayed behind large projects in the queue. The expedited permit system is dependent on the establishment of the front counter team and will be implemented simultaneously. Enhances Customer Experience I! Creates Operational Efficiencies Streamlines Review Processes L Implementation: Q1, 2016 *#.� s Enhances Customer Experience Creates Operational Efficiencies Streamlines Review Processes ■ ■ ■ ..O Implementation: Q1, 2016 Doevelopifent,Shop 305 Page 1 18 11 Expedited Variance System An expedited Development Officer variance Enhances Customer Experience system will be established that improves , efficiency and provides customers with expedited approvals. Tiers will be �! Creates Operational Efficiencies established according to project size and complexity, with small variances receiving Streamlines Review Processes approvals at the front counter. I i The expedited variance system is dependent ::n Implementation: Q1, 2016 on the establishment of the front counter team and will be implemented simultaneously. Expedited Subdivision System An expedited subdivision system will be established that improves efficiency and provides customers with expedited approvals. Tiers will be established according to project size and complexity, with simple lot boundary adjustments receiving approvals at the front counter. Enhances Customer Experience �! Creates Operational Efficiencies Streamlines Review Processes I I The expedited subdivision system is ••k Implementation: Q1, 2016 dependent on the establishment of the front counter team and will be implemented simultaneously. delwidpeont'shop 306 Page 1 19 PIC>P"t , I' ,, 11 I I V4NI'14NN 40 5. A Large Project Support System Large development projects are often a source of great value to the community, contributing to the attraction of new residents, jobs and an increase in tax base. The size and scale of these projects can often lead to a more challenging and lengthy development review process. To ensure that large projects are efficiently reviewed and processed, a system of supporting programs will be put in place. The One -Stop Service Delivery Model proposes the following improvements: Pre - Application Meetings A clear and predictable pre - application meeting program will be established to provide developers of large and complex projects with improved guidance and information exchange prior to the submission of a formal application. This process will help to encourage a more collaborative development review process where developers and City staff are working together from the early stages of a project. This will help developers avoid costly design changes later in the project and will support a more efficient review and decision rendering process. Web Conferencing The establishment of a web conferencing program will facilitate application and pre - application consultations for out -of -town customers. Existing City owned equipment and free online software should enable the development service to establish this program at little to no cost. D Shop P ��,* Enhances Customer Experience I' Creates Operational Efficiencies Streamlines Review Processes I ■ Implementation: Q3, 2015 *4 Enhances Customer Experience L L Implementation: Q3, 2015 307 Page 1 20 Project Champion Program A project champion program will be made available to select larger projects to provide Enhances Customer Experience a single point of contact to ensure an efficient review process and to provide Streamlines Review Processes additional staff support to the customer. , , ■ ■ ■ Pilot: Q3, 2015 Criteria will be established for determining ■ ■� implementation: Q1, 2016 what projects are eligible for a project champion as only a limited number of key projects could be offered the service with current staff resources. Customized Project Manuals Customers with large scale projects participating in a pre - application meeting will 4 Enhances Customer Experience be able to request a customized manual Pilot. Q1, 2016 containing information clarifying the review ::O Implementation: 01. 2017 and decision rendering process, as well as providing site - specific information. Customized manuals will be made available to select projects as part of a pilot program in 2016. The full program will be implemented following the completion of the comprehensive development manual. de'WOOKOnt'sho p 308 Page 1 21 PIC>P , I' ,, 11 I I V4NI'14NN 6. Extended Service Hours Many customers of the development service are not professional contractors or developers and may find the development review process complex and challenging to access within their daily schedules. A system of extended service hours and supporting programs will address this issue, making the development service more convenient and providing additional support to applicants unfamiliar with the development service. Therefore, the One -Stop Service Delivery Model proposes the following improvements: Extended Front Counter Hours A program of extended front counter hours will be offered during the peak construction season. This will provide an opportunity for homeowners to come to City Hall for assistance and to submit their applications at their convenience. The cost of this service will be reduced through a program of flexible hours, but will require up to $5,000 annually for overtime. Extended Inspection Hours A pilot program of extended inspection hours will be made available to customers on a by- request basis. Customers will be able to schedule inspections for an extended period in both morning and early evening hours. The pilot program will be undertaken during the construction season of 2016 and will undergo further evaluation upon completion of the pilot. If.i Enhances Customer Experience 910 Recurring Annual Costs: $5,000 Pilot: Q2, 2016 "O Implementation: Q2, 2017 ��k Enhances Customer Experience �%► 0 1 Pilot. Q2, 2016 " Evaluate: 04.2016 Doevelopifent,Sho 309 Page 1 22 11 Contractor Drop -in Night A contractor drop -in night will be held prior to each construction season to inform �y ► Enhances Customer Experience contractors of any upcoming changes to the development review and inspection process, ■ ■■ Implementation: Q4, 2015 as well as to answer technical questions. ■■a Backyard Project Day A pilot "Backyard Project Day" promotion will be introduced to provide additional support Enhances Customer Experience to homeowners and encourage them to obtain a permit for their backyard and home ::Q Pilot: Q2, 2016 renovation projects. This event will be advertised and held early in the construction season and could offer same day approval for some projects. The backyard project day program will be piloted following the establishment of the single front counter in quarter 2, 2016. de'WOOKOnt'sho p s� o Page 1 23 PI % >P , I' ,, 11 I I V4NI'14NN C z 7. An Efficient, Consistent & Seamless Process To support the modernization of the development service and the numerous customer service improvements proposed, a series of internal improvements are needed to improve the efficiency of the service and to optimize the use of staff resources to support the new services. This includes modifying existing systems, adopting new IT systems and improving the efficiency of several services that are delivered. To achieve this, the One -Stop Service Delivery Model proposes the following improvements: IT System Modifications & Training Modifications will be made to the enterprise software system used by the development service. These modifications will be necessary to coordinate workflow and record application data for the new service delivery model. In addition to modifications, training will be required to ensure that the modified system is fully utilized by development service staff. These improvements are fundamental in providing many of the service improvements of the One -Stop program. The cost of these system modifications and training is roughly $30,000 to engage a specialized IT consultant that is familiar with the City's enterprise software. The modified system will be implemented in quarter 1, 2016, prior to the establishment of the single front counter. Doevelopifont,Shop "I t'� ' I'• L I'" I' ! \ + SNN'1' Il1M[i I! Creates Operational Efficiencies 4 Streamlines Review Processes `© Start Up Costs: $30,000 Pilot: Q4, 2015 ::'6 Evaluate: Q1, 2016 311 Page 1 24 Large Plans Scanner A large plans scanner will be purchased to support the full digitization of the j Creates Operational Efficiencies development review process. This will support improvements to the parallel review Streamlines Review Processes of applications, saving customers time by improving the turnaround time for ; approvals. ra Start Up Costs: $24,000 The cost of the scanner is approximately Pilo t. Q2, 2015 $24,000, which includes the hardware r1l Implementation: Q4, 2015 purchase, installation and tax. The scanner V will be in full use by quarter 4, 2015, prior to the establishment of the single front counter. Tablets for Inspectors Building Inspection and Infrastructure Development inspectors will be equipped Creates Operational Efficiencies with tablets to improve efficiency. Tablets will reduce time spent completing r paperwork by eliminating the need to retype r© Start Up Costs: $22,200 field notes and by taking advantage of voice -to -text technology. The efficiencies Recurring Annual Costs: $5,600 pe gained from this improvement will allow the development service to provide improved Pilot: Q4, 2015 customer service at the front counter and enhanced compliance activities. ; Implementation: Q1, 2016 The cost of equipping inspectors with tablets is $22,200 for a software program that integrates with the City's IT system. This cost will be split between 2015 and 2016, with the first $7,200 supporting a pilot program for 3 tablets in 2015. The remaining 7 tablets will be leased in 2016 at a start up cost of $15,000. An annual licensing and leasing cost of $5,600 will be incurred for the 10 tablets. 69iief:�.01 i fent Shop � 312 Page 1 25 Improved Inspection Scheduling System To improve efficiency, mandatory inspections will be scheduled in advance and carried out Creates Operational Efficiencies within a specified period of time. The required inspections will be clearly Enhances Customer Experience communicated to customers upon issuance of an approved building permit. This will Streamlines Review Processes ensure that the inspection service is operating efficiently and that customers r Pilot. Q3, 2015 have a clear understanding of when to ■ ■■ ■ ■ � Implementation: Q1, 2016 request an inspection. A pilot program will be implemented for residential development in the fall of 2015, with the full implementation of the inspection scheduling program in 2016. Automated E -mail Notifications Automated e -mail notifications will be sent to customers when applications reach key Enhances Customer Experience milestones or issues have been identified. r i This program will be supported by Pilot: Q4, 2015 modifications made to the Growth and ■ ■Q Implementation: Q1, 2016 Community Development Services IT system and will be implemented in quarter 1, 2016 Service Auditor Role A service auditor role will be established using existing staff resources. This role will Creates Operational Efficiencies be responsible for tracking service efficiency metrics, overseeing quality control for the r ■ ■ ■ Implementation: Qi, 2016 front counter team and ensuring a high level of customer service targets are met. Doe"e' lop'ifen t ,Sho 313 Page 1 26 1 1 % 1• ; ' N , Z IMM Improved Internal Application Tracking An improved system for internally tracking application review metrics will be developed. Creates Operational Efficiencies The new system will be piloted during quarter 2, 2015 to obtain baseline data to ;�; Pilot. Q2, 2015 measure the service improvements "+O Implementation: Q1, 2016 implemented as part of the 2016 implementation of the Service Delivery Model. Publicizing Application Turnaround Metrics Metrics on the application turnaround times N* Enhances Customer Experience of the development service will be made publicly available on the City's website. This s.11:71[. '� ':�� Benefits the Community will improve the level of transparency of the service and provide clear and predictable time expectations for customers. This ■ ■ ■ Implementation: Q3, 2016 improvement will be implemented in quarter "G 3, 2016, following the implementation and tracking of new metrics. Integrated Digital & Paper Filing System An integrated digital and paper filing system will be established to facilitate the process of Creates Operational Efficiencies becoming a paperless service moving forward and costs associated with this option are identified in the Additional M Implementation: Q4, 2015 Considerations. delwidpeont'sho p 314 Page 1 27 PIC>P.t �, , I_ I II SIIINI'1 Digitize Infrastructure Development Service Files The property and infrastructure files of the Infrastructure Development Service will be digitized to allow for the relocation of Infrastructure Development Service staff from Rothesay Avenue to City Hall. The files of the Infrastructure Development Service are currently shared with Saint John Water and Transportation and Environment Services; therefore, the records need to be digitized to allow for information sharing with efficient access. The cost of digitizing these files is $45,000. Internal File Digitization The Growth and Community Development Services will use existing staff resources to digitize the property files of the Community Planning and the Building Inspection service Completing the digitization of property files internally will be dependent on the availability of staff resources and could take approximately 5 to 10 years to complete. The accelerated digitization of property files at a cost may be warranted to reduce commercial leasing costs if Common Council pursues a new option for City Hall. �! Creates Operational Efficiencies r✓ MOD Start Up Costs: $45,000 1 I ■ Implementation: Q2, 2015 �! Creates Operational Efficiencies 1 1 ■ ■ ■ Implementation: Q4, 2015 Doe"e' lop'ifen t ,Sho 315 Page 1 28 1 1 % 1• ; ' N , Z IMM 8. A Dedicated & Knowledgeable Team The One -Stop Service Delivery Model proposes the introduction of new processes, technologies and a shift in culture. To support these changes, a highly dedicated and cross trained staff team is essential. Therefore, the One -Stop Service Delivery Model proposes the following improvements: Detailed Procedural Manuals A series of procedural manuals will be developed to ensure consistency of the development service and to provide a basis for future training programs. Improved Training Programs An orientation and training program will be established and tailored customer service training will ensure consistent and quality service to customers. Cross Service Training Program A cross service training program will be established to improve staff knowledge of each service area of Growth and Community Development Services. This will provide a seamless front counter experience for the customer. deliiafent Shopl�P 316 I I I�flln �! Creates Operational Efficiencies ■ Implementation: Q4, 2015 I! Creates Operational Efficiencies Enhances Customer Experience Implementation: Q4, 2016 .00_.Z. Creates Operational Efficiencies *4011 * Enhances Customer Experience Implementation: Q4, 2016 Page 1 29 Process Improvement Team A rotating process improvement team comprised of Growth and Community Development Services staff will be established. This team will meet periodically and will be tasked with the role of continuously reviewing and seeking ways to create efficiencies and improve the customer experience. This team will work closely with the service auditor role. Staff Feedback Program A staff feedback program will be established to ensure that concerns and issues with the services associated with development are promptly identified and addressed. Orientation for Decision Making Bodies An orientation program about the services associated with development will be created and delivered to new members of Common Council, the Planning Advisory Committee and the Heritage Development Board. I' Creates Operational Efficiencies I i ■ Implementation: Q1, 2016 �! Creates Operational Efficiencies r i ■ Implementation: Q1, 2016 A Enhances Customer Experience I i ::Q Implementation: Q1, 2016 Improved Communication with Decision Making Bodies Regular communication on improvements to service delivery and new procedures will be f� Enhances Customer Experience maintained with Common Council, the r i Planning Advisory Committee and the :�'� Implementation: Q4, 2015 Heritage Development Board. D I. . SI hopP ' Page 1 30 i�I ' 9. A More Engaging Development Service A system to thoroughly engage the community, customers and the development industry will be established to ensure that information is being shared and feedback is being solicited. This will support improved information sharing and will ensure that the development service is responding to its customers and continuously improving. To achieve this, the One -Stop Service Delivery Model proposes the following improvements: Awareness Campaigns Public awareness campaigns will be undertaken on annual basis to improve information sharing with the general public and to address current community needs and issues related to development. The implementation of a public awareness campaign will require some expenses for advertising and translation. It is estimated that an effective awareness campaign would cost approximately $6,000 on an annual basis. The Developers Taskforce A builders and developers task force will be established to provide industry representatives with an opportunity to provide feedback and to make a contribution to ongoing improvements within Growth and Community Development Services. This taskforce will meet bi- annually at the beginning and conclusion of the peak construction season. deliiafent Shopl . 318 �' Creates Operational Efficiencies � W011' 'k Enhances Customer Experience i 1 ■ Pilot. Q4, 2016 Page 1 31 Enhances Customer Experience Benefits the Community �© Recurring Annual Costs: $6,000 ■ ■ ■ ••o Implementation: Q2, 2016 � W011' 'k Enhances Customer Experience i 1 ■ Pilot. Q4, 2016 Page 1 31 Customer Satisfaction Survey A customer satisfaction survey will be established and an invitation to complete the survey will be included with every building permit. Industry stakeholders raised a concern that customer satisfaction survey results may not be reflective of the overall service provided and that single comments should not hold too much weight. This concern will be addressed as part of the customer satisfaction survey program. 40k Enhances Customer Experience Stakeholder Concerns Raised I i ■ Implementation: Q3, 2016 Increased Representation at Association Meetings Opportunities for engagement with the development industry will be increased through more attendance of development service staff at builder and developer association meetings. This will provide a forum for updating industry on new initiatives and changes to the services associated with development and associated by -laws. Informal Face -to -Face Application De- Briefs Development service staff will facilitate an informal application de -brief program for a representative cross section of applications. This will engage staff and customers, creating an opportunity for discussions on the services associated with development. A Enhances Customer Experience i i ■ Pilot: Q3, 2016 Enhances Customer Experience I Pilot. Q3, 2015 "O Implementation: Q1, 2016 Doevelopifent,Sho 31 g Page 1 32 11 Use of the City's Social Media Accounts Use of the City's Facebook and Twitter accounts will help keep developers, stakeholders and citizens updated on new initiatives and changes to the development service. de'W KOnt,Shop 320 TM S. lti:l - f. 141 N Benefits the Community r1 Pilot: Q3, 2015 O Implementation: Q1, 2016 Page 1 33 10. Improved Compliance By ensuring compliance with development related by -laws and community standards, the City is supporting the development of a safe, liveable community with vibrant neighbourhoods. These improvement options help to provide staff with the necessary tools to facilitate compliance. Several improvements are recommended to elevate community compliance as part of The Essential Package; however, it is noteworthy that improvements intended to support a more proactive approach towards compliance with non -life safety issues such as Zoning By -Law infractions are part of a pilot project and existing staff resources may not be sufficient to fully realize compliance on these issues. These improvements are as follows: Expanded Occupancy Permit Program The existing occupancy permit program will be expanded to the residential sector. This will provide property owners with the assurance that all mandatory inspections have been successfully completed. Occupancy permits also provide a compliance mechanism as financial institutions often require written confirmation of the successful completion of all items contained within the building permit. Expanded Use of Land Gazette Land Gazette is a provincial land information system that provides a customer focused and transparent service to access land related notices and information about properties. The use of this program will be expanded to all service areas of Growth and Community Development Services. This will help encourage more compliance with development related by -law issues. DeVel pirent Shap,�;,, 321 Enhances Customer Experience `W,N Benefits the Community I i ■M■ Implementation: Q1, 2016 S. 11.1. I. 14W Benefits the Community i i ■ Implementation: Q3, 2015 Page 1 34 General Permit Deposit A general building permit deposit program will be established to encourage improved Creates Operational Efficiencies compliance with development by -laws and a more efficient inspections program. The p p g `r ` '�� Benefits the Community deposit will be used to offset costs, such as cW conducting additional inspections or see Stakeholder Concerns Raised additional plans review. Upon completion of final inspections, the balance of the deposit ' ' will be returned to the customer. This will ::'rte implementation: Q1, 2016 ensure a level playing field and will help control costs moving forward. Industry stakeholders raised concerns regarding the need for a clear deposit program that is proportionate to the size of projects and to ensure that the size of the deposit is not cost prohibitive. These concerns will be addressed in the planning and implementation of the deposit program. The requirement for deposits will be brought before council as part of an amendment to the Building By -Law in 2015. Landscaping Security Deposit A landscaping security deposit will be required for larger projects that trigger Creates Operational Efficiencies significant landscaping requirements by the t.az:r•r. Zoning By -Law. This will ensure that this `'1 Benefits the Community minimum community standard is met and will help enhance the image of the City. 'Wad Stakeholder Concerns Raised The security deposit will be roughly 110% of the cost of the landscaping and will be ::Q implementation: Q1, 2017 returned once the landscaping has been completed. In instances in which the landscaping has not been completed, the security will be used to complete the work. Industry stakeholders raised concerns regarding the need for a clear program that ensures that the size of the security deposit is not cost prohibitive. Development Shop �P 322 Page 1 35 n� fl II' I As -Built Drawing Requirement A formal requirement for as -built drawings will be established for all new underground and aboveground infrastructure construction in the municipal Right -of -Way. This requirement will ensure work installed is in accordance with the approved design prior to acceptance by the City. This information will also become part of City's information network and used for asset and operational management. Amendments to the Water Quality Regulation of the Clean Environment Act have made this a requirement for all water and wastewater projects. It is typical practice for neighbouring jurisdictions to have drawings submitted by the developer and is practiced by many Saint John developers today. The typical cost of completing this work for a new subdivision is approximately $100 - $200 per lot. I! Creates Operational Efficiencies Developer Costs: $2001 Lot r i ■ ■ ■ Implementation: Q1, 2016 ..Q Improved Non -Life Safety Compliance Pilot Program A pilot project to improve compliance efforts for non -life safety issues such as Zoning By- Law standards will be undertaken using existing staff in 2016. Resourcing this project will be dependent on gaining significant efficiencies from other service enhancements. At the conclusion of the pilot project, a recommendation will be made as to whether a new community standards officer position is needed to effectively achieve compliance for non -life safety issues at the service level desired by Common Council. 4.11f7�. XF Benefits the Community IPilot. Q2, 2016 :^ Evaluate: Q4, 2017 iiil i nt Shop., ,. 323 Page 1 36 Dev 1.1 die Lot Grading A decision on an approach for lot grading will '��' Benefits the Community be developed as part of a new Stormwater ` Drainage By -Law in 2016. This will provide a mechanism to ensure that new residential . Stakeholder Concerns Raised OW lots are graded properly and minimize the number of new drainage issues. Developer Costs: $2,000 / Lot Industry stakeholders raised concerns with previous iterations of this improvement in Implementation: Q1, 2016 the draft service delivery model. The draft proposed a lot grading certificate to be submitted by developers. This would require developers to have a land surveyor prepare the certificate, adding an additional $1,500 - $2,000 per developed lot. The staff recommendation at this time is to delay a final decision on the approach towards lot grading, pending a further evaluation of lot grading as part of the Stormwater Drainage By -Law process. de'WOOKOnt'sho p 324 Page 1 37 PIC>P , I' ,, 11 I I V4NI'14NN Developil�ent Shop 325 Page 1 38 11-1 Y41NT �04IN The Enhanced Compliance Package is a recommended set of service improvements which are dependent on the extension of the One -Stop Legal resource through to the end of 2017. The extended legal resource will provide an opportunity to pilot several compliance programs that will create a stronger culture of compliance with development by -laws. At the conclusion of 2017, the effectiveness of the additional compliance programs and the need for the additional legal resource will be evaluated. The support of the extended legal resource will ensure that the overall compliance program is effective and will contribute to several important benefits: Reduces liability risks through increased enforcement of by -laws Decreases the number of projects started without a building permit Encourages more permit applications which may increase revenues Promotes a positive culture of voluntary compliance Adoption of The Enhanced Compliance Package is Recommended as an addition to The Essential Package. Start Up Costs: $50,000 (2017 Budget Only) Recurring Annual Costs: $0 Enhanced Compliance I I � Package Extend Legal Resource Through 2017 Additional Permit Fees for Work Without a Permit 326 Simplified Legal Process Extended Pilot Legal Resource Additional improvement options are available as part of a pilot project extending the development service legal resource through to the completion of 2017. This will facilitate a more effective system that enhances compliance with development by -laws. To achieve this, the One -Stop Service Delivery Model proposes the following enhanced improvement options: Extend Legal Resource Through 2017 The current One -Stop project legal resource could be extended to the end of 2017. Limited legal resources typically cause a bottle neck in achieving compliance. The inability to prosecute cases in which property owners refuse to comply with development by -laws encourages a culture of non- compliance. The cost to extend the legal resource through 2017 is approximately $50,000. This cost will not be incurred until the 2017 budget. This is intended to cover half the cost of a legal resource for 2017. The Growth and Community Development Services currently has half a legal position budgeted for life safety programs. At the completion of the extended legal contract in 2017, the need for the continuation of the legal resource will be assessed and a recommendation provided to Common Council. Benefits the Community Start Up Costs: $50,000 r i 1 ■Implementation :Q3, 2016 Devel it ent Shop 327 Page 1 40 I'ln,':NJNC. UILOIN�, INt SIN�CIU2E Y4NTIOHN Additional Permit Fees for Work Without a Permit With the support of the extended legal resource, a program that charges additional Creates Operational Efficiencies permit fees for starting work without having obtained a building permit will be �:� Benefits the Community established. This will help to ensure a level playing field, that work is completed safely, 000 and that minimum community standards are 4V Stakeholder Concerns Raised met. It will also offset costs and staff 8 resource demands that occur as a result of !TI Implementation: Q1, 2016 work being undertaken without a permit. Industry stakeholders expressed concerns regarding the potential financial impact of this program, but also identified that in the current system, those who don't obey the rules are at an advantage. These concerns could be addressed in the planning and implementation of this program. This program would require an amendment to the Building By -Law to be approved by Common Council. Simplified Legal Process With the support of the extended legal resource, existing processes for issuing legal Creates Operational Efficiencies notices and orders and preparing cases for prosecutions could be streamlined. This will S- �tal. �:�' Benefits the Community improve efficiency and increase the capacity of inspectors to prepare for prosecution, Incremental Improvements: reducing delays at this point in the ;;■ Q4, 2015 compliance process. 0 Implementation: Q3, 2016 delwidpeont'shop 328 Page 1 41 PI % >P"t , I' ,, 11 I I V4NI'14NN Developil�ent Shop 329 Page 1 42 11-1 Y41NT �04IN The Community Standards Package provides the resources to take a proactive approach towards compliance issues with community standards. It is intended as a long -term improvement option to be evaluated following the full implementation of the One -Stop service model and the conclusion of the extended legal resource pilot project. It is recommended that th evaluated in late 2017. Start Up Costs: $0 Recurring Annual Costs: $150,000 Comn •i 1 F Package Community Standards Officer Permanent Legal Resource 330 Regular Compliance Campaigns Minimum community standards such as those contained in the Zoning and other By- Laws help to ensure safe and attractive communities. The Community Standards Package allows the development service to take a proactive and more effective approach towards compliance with minimum community standards. To achieve this, the One -Stop Service Delivery Model puts forth the following further improvement options: Community Standards Officer A community standards officer position could be established to support a more proactive approach to obtaining improved compliance on non -life safety issues such as Zoning By- Law non - conformance, Section 39 conditions and unsightly premises. The annual cost of hiring a community standards officer would be approximately $94,000 to fund the position and associated costs (such as telephone, computer, vehicle costs, equipment and benefits). The addition of this role could be reassessed in 2017, following the Improved Non -Life Safety Compliance Pilot Program in 2016. Permanent Legal Resource A permanent legal resource position could be established to ensure that compliance efforts are effective. The legal resource provides the development service with an enhanced capability to follow through on its compliance efforts when necessary. Currently, Growth and Community Development Services have half of the funds Benefits the Community Recurring Annual Costs: $94,000 Evaluate: Q4, 2017 i Benefits the Community Recurring Annual Costs: $50,000 ._6 Evaluate: Q4, 2017 . p Kq o, p . 331 Page 1 44 budgeted a legal resource. Therefore, the establishment of this position will only require half of the funding for a permanent legal resource, at a recurring annual cost of $50,000. The need for this position would be reassessed in late 2017, following the extended legal resource pilot project. Regular Compliance Campaigns With the support of a permanent legal s.,t:a.t. "{a Benefits the Community resource and a community standards officer, regular compliance campaigns could be undertaken to address widespread Recurring Annual Costs: $6,000 community compliance issues. This proactive approach could be used to address Zoning By -Law compliance issues such as illegal Implementation: Q1, 2017 parking lots or illegally established uses in residential neighbourhoods. The implementation of a regular compliance campaign will incur some expenses for advertising and translation. It is estimated that an effective compliance campaign would cost approximately $6,000 on an annual basis. de'WOOKOnt'sho p 332 Page 1 45 PIC>P , I' ,, 11 I I V4NI'14NN Developil�ent Shop 333 Page 1 46 11-1 Y41NT �04IN The Additional Considerations are further improvements that are not essential to the success of the One -Stop Service Delivery Model but may still be valuable service improvements. Some of these improvements have additional costs while others were not favourably received by development industry stakeholders. The Additional Considerations are not recommended. However, some items may be worthy of reconsideration in the future. Start Up Costs: $103,000 Recurring Annual Costs: $30,000 Additional Considerations Accelerated File Digitization YouTube Videos Mobile App Project Fast Tracking 334 CAdditional Improvement Options The following additional improvement options are available for Common Council's consideration; however, none of them are recommended at this time. If Council does choose to adopt any of the following further service enhancements, an implementation timeframe will be developed. Accelerated File Digitization The property files of the Community Planning and Building Inspection services could be digitized. This would be implemented in conjunction with a review of internal records retention policies to streamline record keeping in the development service. The digitization of property files would cost approximately $88,000, but would have a payback period of approximately 4 years (when the current GCDS areas are relocated) by reducing the commercial floor space required to store these records. This improvement should be evaluated with any future plans for City Hall real estate needs. YouTube Videos A suite of YouTube videos could be produced to walk customers through the development process including common permits and applications. The videos could be produced for a cost of $15,000 for filming and editing. 1 I I I Creates Operational Efficiencies MAD Start Up Costs: $88,000 401k Enhances Customer Experience V `© Start Up Costs: $15,000 Devel it ent Shop 335 Page 1 48 I'ln,':NJNC. UILOIN�, INt SIN�CIU2E Y4NTIOHN Mobile App A mobile application could be purchased to ♦�y k Enhances Customer Experience allow customers to track their permits and schedule inspections on their smart phone . o or tablet from the job site. The mobile OW Stakeholder Concerns Raised application would be integrated with the Click2Gov software system and display Recurring Annual Costs: $30,000 ffe permit information in real time. The yearly licensing fees for the mobile app are approximately$30,000 per year. The software is still in its infancy and industry stakeholders expressed limited interest in the program. Therefore, it is not recommended at this time. Project Fast Tracking Program A program that expedites the applications of key projects according to a council policy could be established. This program would be a non - monetary form of incentive that expedites the review process by prioritizing the application and moving it to the front of the queue. Industry stakeholders raised concerns about prioritizing applications as it may give special treatment to only a select few developers and could potentially impact the review time for applications which are not fast tracked. It was also noted that given the short review times of the development service that prioritizing applications may provide only a small benefit to candidate projects. Enhances Customer Experience S.ltiaf. Benefits the Community Stakeholder Concerns Raised de'WOOKOnt'sho p 336 Page 1 49 PIC>P , I' ,, 11 I I V4NI'14NN Implementation Schedule The One -Stop Development Shop will play a crucial role in sending the message that Saint John is open for business. The recommended Service Delivery Model provides a clear path towards an improved customer experience and a more efficient Growth and Community Development Service for Saint John. It proposes transformational change in a phased approach that evaluates and builds on efficiencies gained along the way. This will help to control costs, manage staff resources and minimize the impact of significant changes on the development industry. Several key service enhancements are currently underway, with many more scheduled to be implemented within the coming year. The timeline below shows key milestones for the introduction of major service enhancements with the majority being introduced in early 2016. Major projects will also take place throughout 2015, including amendments to the Building and Subdivision By -laws and the development of a new Stormwater Drainage By -law. The following chart highlights the implementation timeframe for some of the improvements contained in The Essential and Enhanced Compliance Packages. Guidance Documents: Pamphlets, Brochures & ISubmission Standards Pilot Improved Inspection IScheduling Contractor Drop In Nights I Project Champion Pilot: ILarge Projects Pre - application Meetings: ILarge Projects Preparation of New Stormwater Drainage By- Law and Updating of Building and Subdivision By -Laws Development Shop I'1,1,':NJ ^'C� UILOIN�, INll�''IN�CIIiRE Y41NT,ONN PEW Single Front Counter Experience I New Improved Website IOnline Application, Tracking, Inspections & Automated E- mail Notifications Expedited Permit, Variance & Subdivision Systems I Extended Service Hours IAwareness Campaigns, Customer Satisfaction Surveys I& Publicized Service Metrics Developers Taskforce I Additional Fees for Work I Without a Permit 337 Page 1 50 3 8 City of Saint John http: / /www.sa intjohn.ca Growth and Community Development Services website: http://www.saintjohn.ca/en/home/city hall /developmentgrowth /default.aspx City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 OneStop @saintjohn.ca (506) 658 -2835 � Stakeholder Feedback Report cis -� J 0 --) =� 2/9/2015 City of Saint John Growth and Community Development Services 7T Ak / /I Developom"20"not Shop PLANNING BUILDING INFRASTRUCTURE. SAINT JOHN STAKEHOLDER FEEDBACK REPORT Introduction February 9, 2015 In November and December of 2014, under the leadership of Common Council, the One -Stop Development shop (One -Stop team) consulted with stakeholders to gather feedback on the One -Stop Development Shop Service Delivery Model Options that were presented to council on November 10, 2014. By consulting with stakeholders the One -Stop team is taking a proactive approach to identify potential concerns and gather feedback relating to the various Service Delivery Model Options. The feedback will be integrated into comprehensive Final Service Delivery Model Options that engage all five features of the One -Stop Development Shop: Improving the Customer Experience; Improving Transparency, Communication and Engagement; A Dedicated, Knowledgeable Development Service Team; An Efficient, Consistent and Seamless Process; and Improving Compliance. This feedback is detailed in this report and has been an integral part of the Final Service Delivery Model Options being presented to Common Council in February 2015. Engagement Process The One -Stop team hosted a series of stakeholder engagement events to garner feedback on the One -Stop Development Shop Service Delivery Model Options. Five distinct groups of stakeholders were identified and individual sessions were designed around the specific needs and characteristics of each stakeholder group. The stakeholders identified were: Planning Advisory Committee and Heritage Development Board Developers / Builders Workshop Workshop November 26, 2014 December 3, 2014 Economic Development Agencies Focus Group December 4, 2014 GCDS Staff Engagement Sessions Staff Focus Group Workshops Focus Group December 15, 2014 December 18-23,2014 • the development and construction industry; • economic development agencies; • the Planning Advisory Committee (PAC) and Heritage Development Board (HDB); • Growth and Community Development Services Staff; and The development industry was identified as an important stakeholder in the success of the One -Stop Development Shop as they represent a major customer of the Growth and Community Development Services. This diverse stakeholder group includes developers, builders, general contractors, consultants, engineers and architects. To reach this important stakeholder group an invitation to attend a breakfast workshop was extended to more than 125 individuals. All invitations included providing a copy of the proposed One -Stop Development Shop Model and the supporting research report. The event itself was a breakfast style workshop held outside of normal working hours, a 342 Page.1 Devel 1 Ut Shop 0 STAKEHOLDER FEEDBACK REPORT February 9, 2015 known preferred time for this stakeholder group. It featured a customized presentation of the One -Stop Development Shop working model followed by small working group sessions discussing all five features of the model. Thirty -two individuals attended this session. The economic development agencies were identified as a stakeholder in the One -Stop Development Shop as they are involved in promoting Saint John to outside developers and are integral in marketing the One -Stop Development Shop externally. This stakeholder group includes the Saint John Development Corporation (Waterfront Development), Enterprise Saint John, Uptown Saint John, the Saint John Regional Chamber of Commerce and several other organizations. The event was setup as a breakfast style focus group and featured a customized presentation of the Development Shop working model followed by a group feedback session working through all five features of the model. Eight people were in attendance from Saint John Development Corporation, Enterprise Saint John, Uptown Saint John, Heritage Development Board, and the Construction Association of New Brunswick (Saint John). The Planning Advisory Committee (PAC) and Heritage Development Board (HDB) were identified as stakeholders, being directly involved in the approval of development applications and advising Common Council in regards to development in Saint John. This group's event was held in the evening after a scheduled HDB meeting. The event itself had a customized presentation of the One -Stop Development Shop working model followed by a group feedback session working through all five features. The attendance at this session was successful with 14 of 16 PAC and HDB members in attendance. The final stakeholder group consulted was Growth and Community Development Services Staff. This group is critical as it will be responsible for implementing the Final Service Delivery Model. All service areas of the Growth and Community Development Services department were well represented. The event itself was setup as a facilitated discussion group where all five features were discussed Stakeholder Engagement Attendance Participants Development Service Staff PAC & HDB Economic Development Agency Staff Development Industry Invitees Not Attending individually and as an entire system. In addition to the Growth and Community Development Services Staff workshops a series of focus groups were held on specific improvements of the One -Stop Development Shop Service Delivery Model Options including: Lot Grading Certificates; Inspection Scheduling; Deposits, Securities and Additional Fees; Pre - Application Meetings; and Project Champion. The goal of these focus groups was to discover the best methods to integrate these improvements with existing operations. In addition to these meetings, a homeowners and property owners focus group will be implemented after the final model is selected so that initiatives that affect them directly meet their specific needs. 0115. I 343 Page. 2 Development Shop STAKEHOLDER FEEDBACK REPORT ho r®vided Feedback? February 9, 2015 Engagement Program A series of five workshops and focus groups were held late November and early December of 2014. The purpose was to engage key stakeholders for feedback on the draft service delivery model of the One -Stop Development Shop Program. to32 Developers, Builders & Consultants 8 Economic Development Representatives 14 Planning Advisory Comittee & Heritage Development Board Members 33 Development Service Staff Members ,ii 344 Page. 3 Delopi �ent,Shop,�„ STAKEHOLDER FEEDBACK REPORT Development hzi�Custry Feedback: Positive Feedback OMore information will pro% ide better support Z preparing applications. A single front counter will make it easier to submit applications. ,t�l �k ith the right pc'c�ple, pre-application meetings could help to resolve issues up front. More online services will make it easier to submit and track applications. ■ An expedited permit system will provide = clear approval timelines and help to ensure accountability. Concerns Lot grading certificates, deposits & additional fees could increase the cost of development. Fast tracking programs show special treatment and don't create a level playing field Storm water & drainage requirements are too rigid and onerous which can he costly for development. Engagement & surveys are good, but don't spend too much staff time on them. Focus on vrovidine fast service. Econozaic Development Agency Feedback: Positive Feedback Clients would really value the ability to track their applications online. Awareness campaigns will help ensure that people know the rules. tl Pre - Application meetings will be useful and should integrate Provincial agencies if i As oossible. Web conferencing could save out of town developers time and money. Concerns 0411110 Need to be cautious about adding new costs to 80 development. Online improvements should not come at the expense of pro% iding customers human contact. Fast tracking criteria must be clear and not cause delays for other applications. \ec(l to share more data, good news stories and general information. February 9, 2015 0. �n 345 Page. 4 Development Shop,,,, STAKEHOLDER FEEDBACK REPORT Planning Advisory Committee & Heritage Development ward Feedback: Positive Feedback A"CJ Further digitization to the service should tree % lk up staff and create efficiencies. 14 Blitzes are a proactive way of educating the public. Ifs better to be proactive than reactive. A single point of contact will make I� communication with applicants more 8 efficient. Section 39 conditions should be integrated with other departmental records and be made available online. Concerns Deposits and securities should be an = appropriate amount to discourage non - :.:i compliance. 2 Need to make sure that accepting online applications doesn't result in incomplete submissions. Lot grading certificate requirements may be costly for the development industry. I Need to be clear that permit turnaround times may not apply to applications that require special approvals. Development Service Staff Feedback: Positive Feedback A cross trained front counter team will provide lk a high level of service. Pamphlets, brochures and checklists will help educate customers and reduce issues that occur durina the review process. F Pre - Application meetings will help to clarify Vi=a the process and address issues up front. Small approvals at the front counter arc a good idea. Concerns \ eed to make sure that the website is being Updated regularly with accurate intomiation. Need to ensure that online applications are ve -tted before accepting payment~. Lot grading certificates may not be able to solve all water and drainage related issues. Fast tracking some applications must not result in delays to other applications. February 9, 2015 0. 4'n 346 Page. 5 Development Shop*1 STAKEHOLDER FEEDBACK REPORT Summary of Changes February 9, 2015 Why Change It? The One -Stop team analyzed the feedback given during the stakeholder engagement sessions and as a result modified some of the One -Stop Service Delivery Model options. The One -Stop Service Delivery Model was revised to reflect both the stakeholders' needs and concerns as well as the costs associated with the implementation of the model. The One -Stop team responses to the feedback are detailed in the Stakeholder Feedback Table attached. The addition of new permanent staff positions (Community Standards Officer and Legal Resource) have not been included in The Essential Package. Alternatively, pilot projects will provide an opportunity to assess the need for these positions moving forward and will be further considered in mid to late 2017. An informal pre - application process will be available to developers of large projects to encourage the exchange of important information early on in the development process. MAN The Project Champion role has been integrated into the Essential Package for large projects from the pre - application onwards. Front counter approvals have been expanded beyond simple building permit applications to include simple planning and infrastructure applications. A social media presence through the City's communication department will provide information and updates on the City's development approvals process. 0. �n 347 Page. 6 Development Shop,,, STAKEHOLDER FEEDBACK REPORT February 9, 2015 Summary of Changes Open data initiative which shares building permit and planning application data has been integrated into hi The Essential Package. Building inspection mandatory scheduling program will be piloted on residential development and later expanded to the remainder of new developments. The requirement for Lot Grading Certificates will be reviewed during the development of the new Stormwater Drainage By -law. Project fast tracking has been removed from The Essential Package to ensure a level playing field for all and has been left as an additional item for future consideration by Council. (D Extended hours has been expanded to inspections for increased accessibility to services. �,,,� �„ 348 Page. 7 Developent,Shop,�„ STAKEHOLDER FEEDBACK REPORT Stakeholder Feedback Table February 9, 2015 Development Economic Planning Advisory Growth & Community Industry Development Agencies Committee & Heritage Development Service Development Board Staff 1. Improve Customer Service One-Stop Response • Applications should be validated for completeness before accepting. • Clients need to be educated before implementation to increase the likelihood that applications are complete. • Only accept simple • Online Applications are • Customer should be applications online at first. good idea & we notified through text or • In depth examples should Online s s hould move forward . Submitting applications email when permit issued. assist customers. • Related model features with it. online is important. • Submissions should be • Must be accessible with recommended as part Applications • Comprehensive electronically validated for current technology. of the Essential application packages Package. should help support completeness prior to • Electronic signatures should this service. accepting payment be accepted. • Customer printed permits should be allowed. • Add a variety of tool options to websites. • Payment should be processed only after application has been validated for completeness. • Well trained Front • Generally positive of the • Must be resourced properly. • Recommended as part Counter Staff is . Actively managed so that of the Essential important. concept. •Ensure that is • Conversations between staff's other res p responsibilities e. Package. g • Liked the idea of having service personable. staff and applicants are properly attended to. • An expedited The Single Front all three service areas •Maintain face -to -face should be documented. • Front counter approvals are Development Officer represented, • Benefits to getting a realistic. Variance system and Counter &Team particularly service. permit should be • Technical staff should be infrastructure approval infrastructure. should act as • Staff explained. accessible. system has been • Need to still be able to facilitators not • Need someone who is recommended as part answer the phone. regulators. dedicated /on call to answer of the Essential questions. Package to provide for . 4'n 349 Page. 8 Development Shop*1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 . 4'n 350 Page. 9 Development,Shopa*1 Deve .. • Staff at the counter Development A. Development Board , SULL. • Need more than one person .. Response 61 more approvals at the should be at the front counter. front counter. knowledgeable and • Bilingual service should be able to answer considered. questions. • An online presence does not • Some felt that all replace personal service. service areas didn't need to be at the same desk, as long as they are all close by. • Should be able to approve some permits at the front counter. • Small Development Officer variances should be streamlined & approved at the front counter. • Appointments should not be required. • Want to have a high level of consistency with their front counter experiences. • Would be useful. • Requirements should be • Will ensure that developers • Would like to see set out to ensure know what City will support. infrastructure & utilities meaningful discussion. • Will provide developers like Saint John Energy. • The Pre - Application feedback while project is at • Build on and improve process would be very a conceptual stage. the existing system. useful for out of town • Explains what is required in Pre- Application • Need the right people clients. the application. • Recommended as part Limited Discussion of the Essential Meetings in attendance to make • Needs to include the • An ongoing conversation Package. these meetings Legal Department, as over multiple meetings. effective. well as relevant • If a service area is not • A small number of government agencies needed no representative developers indicated from the Province, i.e. from that service area they would like to have Fire Marshall's Office, should attend. some support with Environment. • Good for large projects. . 4'n 350 Page. 9 Development,Shopa*1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 351 Page. 10 Dev011.0 I UP911 *1 Deve .. A. .. Response LJOL Development BoardIL Staff community Should be • Something that's been engagement during the complemented by post- missing from our service. pre -app stage. application and pre- • Should be optional. • Supportive staff makes construction meetings. a developer feel more confident about their project. • A series of meetings at different stages may be necessary for larger projects. i.e. Pre - construction meeting • Would be useful for some people, but not Web for everyone. • Will save developers • Recommended as part Limited Discussion Limited Discussion of the Essential Conferencing • Web conferencin g time and money. y• Package. could be done from the job site. • Giving preferential treatment to specific applications was not perceived favourably. . May end up delaying other • Did not like the idea of applications. paid fast tracking . Will increase difficulty in program. scheduling individual's time. • Concerned that this • Qualification criteria • Could discourage other could result in other needs to be clear. applications (as they are not .Could be adopted by Project Fast permits being reviewed • Other applications Limited Discussion "fast tracked "). Common Council as an Tracking slowly. should not be delayed. • We are already fast. Additional • A minority of Consideration. developers thought • Complete applications will that fast tracking was fast track themselves. alright as long as it was • Monetary incentives would connected to a clear be better to encourage and fair policy. development Uptown. • May not be necessary with an expedited 0. 4'n 351 Page. 10 Dev011.0 I UP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 . 4' 352 Page. 11 Dev011.0 I UP911 *1 Deve .. A. , .. Response Development Development Board Staff permit system. • Want to see requirements communicated more Application clearly. • Submissions standards •Recommended as part Standards & • Set customer Limited Discussion should be set. • Need to educate customers of the Essential expectations at the • Phased permits should be on the process. Package. Checklists start. considered. • This could help developers avoid delays later on. • Appealing to some but not all. • Recommended as part of the Essential • Still want to be able to Package. schedule over the phone. • Recommend online • Will likely be more efficient. inspection scheduling • Concerns over • Concerned that schedule as part of the Essential additional transfers or Inspection voice mails. will not take into account Package. Limited Discussion Limited Discussion the varied nature of •Future inspection Scheduling • It may be difficult to identify when an construction projects.i.e. scheduling program to some inspections are more address stakeholder inspection is going to complex than others. concerns through a be needed. clearly defined and • A checklist of required communicated inspections should be inspection scheduling provided with the permit. program. • Would be useful but • Some think are unnecessary. • A pilot program for should make sure at a extended hours to useful time for clients. • Consider inspections on support customer in n • Non - essential as preparing applications developers typically • Sends a strong message •Many contractors and is recommended as a Extended Hours operate during that the customer is first. Limited Discussion homeowners may like to part of the Essential standard business • Shows flexibility. have us open on Saturday Package. hours. morning. . A pilot program for • Could inspections be • Important to cover lunch extended hours for conducted earlier in the time to answer technical inspections is day or in the evenings? questions. recommended as part . 4' 352 Page. 11 Dev011.0 I UP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 353 Page. 12 Dev011.0 I OP911 *1 Development A. .. Response Industry Development Agencies Committee & Heritage Development Servicel Development Board Staff L of the Essential Package. • Like the idea of a single point of contact to help move applications • Effective if within the • A point person for specific Project along. models current types of projects. Recommended as part Champion P •This role needs to help framework. Limited Discussion •One service area should not of the Essential reduce red tape. be responsible for issues Package. outside their service area. • Could be very useful for large projects. 2. A Dedicated Knowledgeable Team • Knowledgeable of all service area processes. • All reviews should look at quality and quantity of work done. • Recommended as part Service Auditor Limited Discussion Limited Discussion Limited Discussion • Consistency in the of the Essential application process. Package. • Staff discretionary decisions should not be second guessed. Process • Recommended as part Improvement Limited Discussion Limited Discussion Limited Discussion • Necessary with a new of the Essential Team process being adopted. Package. Orientation & • Seminars and similar • Recommended as part Limited Discussion Limited Discussion Limited Discussion opportunities are valuable of the Essential Training learning experiences. Package. Cross Training & • Cross training is very important to administrators. • Recommended as part Limited Discussion Limited Discussion Limited Discussion of the Essential Job Shadowing fob shadowing is a good g g Package. idea. Increased • Can small Development • Heritage Development • Authority should be granted • Recommended as part Decision Making Officer variances be Limited Discussion Board is willing to explore to front counter staff to of the Essential streamlined & giving staff the authority grant small permits, Package. Authority for approved at the front for certain approvals. electrical permits and siding. • Approvals to be made 0. 4'n 353 Page. 12 Dev011.0 I OP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 . 4'n 354 Page. 13 Dev011.0 I OP911 *1 e'opment Economic Planning A. .. Response hLindustry Development Agencies Committee & Heritage Development Servi Development Board Staff counter? L Staff at the front counter to be determined during implementation. High • Recommended as part Performance • Should be team based not Limited Discussion Limited Discussion Limited Discussion of the Essential individual. Recognition I Package. 3. An Efficient, Consistent & Seamless Process • A good idea. • Like to have clear • Having a triage system is timelines. a good idea. • Like the idea of • The timeframe for • Small permits should be benchmarks for permit turn - around approved at the front reviewing permits. needs to be clear. Special approvals add counter. Expedited Permit • The consequences if • A fast & efficient process additional days to the •Positive change. • Recommended as part System the City missing its can be a strong approval turnaround • Need a hard definition of of the Essential targets should be marketing tool for times. what each level includes. package. considered. economic groups trying • Realistic time frames need • A phased permit to sell opportunities in system could be Saint John. to be created. implemented for some projects that were suggested. • Formal training for new hires including the technical systems is needed. Improving Use of • Will reduce the amount of Recommended as part HTE & Other Limited Discussion Limited Discussion Limited Discussion data entry. of the Essential Systems • Greater access to other Package. service areas and information they contain. • All client information should be stored in one place. • Tablets could save time for Adopting New • Digitization may create a inspectors. • Recommended as part Limited Discussion Limited Discussion decrease in required • A call logging system should of the Essential Technology resources. assist coordinating Package. responses to a single . 4'n 354 Page. 13 Dev011.0 I OP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 355 Page. 14 Dev011.0 I t Shop,t„ Development A. .. Response Industry Development Agencies Committee & Heritage Development Service Development BoardlL customer making multiple requests as well as increase the consistency of reporting. Large Plans • Recommended as part Limited Discussion Limited Discussion Limited Discussion • Scanner is 20 years overdue. of the Essential Scanner Package. • Recommend an internal file digitization of historic files over a 5 -10 year period as Digitizing • More digital files less paper part of the Essential Limited Discussion Limited Discussion Limited Discussion Package. Historic Files files. . Council has the option to accelerate the digitization of historic files as an Additional Consideration. 4. Improve Transparency, Communication & Engagement • How to guides would be useful. • More information Pamphlets, would allow applicants be better • A great idea. to prepared • Recommended as part Brochures & to submit an • Would useful in Limited Discussion Limited Discussion of the Essential Manuals app on. s attraction business Package. orts. efforts. • Good communication means fewer violations. • Clearly identify when a permit is needed. • Advertise positive • Historical data on indicators. • Need to ensure content is properties should be • Want to see more • Graphics should be available. current. Improved information available included wherever •Permit dollar value should • Website should be designed • Recommended as part on the website. possible. so information can be found of the Essential Website • Is very important to • Promote our services be available. easily. Package. improve the website. and customer support • Development Officer • Increase awareness of what decisions should be features. published. is happening in city hall. 0. 4'n 355 Page. 14 Dev011.0 I t Shop,t„ STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 356 Page. 15 Devel.0 I R P9111 1 Development A. .. Response Industry Development Agencies Committee & Heritage Development Service 16.- Development Board Staff • Need to be careful of • Online permit information Posting how much information should reduce phone calls. Applications we share online. • The required data is Recommended as part Online & Online Limited Discussion • Could be useful. Limited Discussion currently available. of the Essential Applications • Could help to build • Only publish the permit & Package. Map momentum. scope of work. Leave the conditions off. Instructional • Could be very useful for • Could be adopted by Limited Discussion Limited Discussion Limited Discussion council as an Additional Youtube Videos home owners. Consideration. • Like the concept. • Would like to receive automatic updates. • Need to include information on why a project may be delayed. • Could help improve a developer's work flow. • Recommended as part Online Permit . Need to adequately • Saves clients time and Limited Discussion Limited Discussion of the Essential Tracking resource the program money. Package. to ensure that information is up to date. • May be more time consuming questions for staff. • Identify necessary points of contact for specific issues. • A mobile application • Having an App could be Could be adopted by could be useful in useful. Common Council as an Mobile providing information . Needs to be designed to Additional for developers not address our most Limited Discussion Limited Discussion Consideration however Applications stationed in an office. common requests or at this time the • May not be useful to applications. product is being Beta less technologically . Mobile aps would be tested and is not ready 0. 4'n 356 Page. 15 Devel.0 I R P9111 1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 . 4'n 357 Page. 16 Dev011.0 I OP911 *1 Deve .A. .. Response 16 Lment Industry Development Agencies committee & Heritage Development Servicel Development Board Staff L inclined customers. good to get the word to for implementation the applicant fast when until further the permit is finished or developed. needs attention, rather than waiting for a piece of mail. • Recommended as part of the Essential Package. • not a good way • The City of Saint John . Good for communicating • Sharing applicant and social media accounts Communicating communicate with the c t development success stories. project would not be will be utilized to Through Social community. • Need to do a better job Limited Discussion appropriate. update the public on of advertising good news • Social media should be for new initiatives, Media • Application information stories. one way communication upcoming events and should not be shared • More data & graphics. only. regulatory changes. on social media. • Application information will not be shared over social media. • Could be a good tool to improve communication between developers and the City. • Could be good to have • Group should be The Developers a yearly meeting with • Useful to establish and build trust amongst representative of • Recommended as part Task Force developers. developers and in the Limited Discussion community. of the Essential • Should be comprised of • Consultants should be Package. a diverse group. community. included. • Important to help build face -to -face relationships with the development community. Face -To -Face • May not be realistic. • A comment sheet may be • Informal service follow • Could be a waste of Limited Discussion Limited Discussion less resource intensive. up meetings for a Service Follow staff time. • A third party may be the sample of applications . 4'n 357 Page. 16 Dev011.0 I OP911 *1 STAKEHOLDER FEEDBACK REPORT Ups Awareness/ Educational Blitzes Customer Satisfaction Survey S. Compliance Deposits & Securities • Could be useful for a few select applications. • Could allow for detailed feedback. • Needs to be free and a voluntary oroeram. • Need to make the public more aware that permits are to ensure projects are completed safely. • Could be a good way to get feedback. • Many developers may be too busy to complete a customer satisfaction survey. • May only get negative responders. • Concerned that this could waste staff time. • Need to be cautious about adding costs to development. • Consistent with water and sewage. • Needs to be a clear reason why a deposit • Show clients how we stack up to other municipalities. • Clients will be better informed and understand the rules. • A level playing field is important. • We should work to advertise more positive indicators. • Useful for some projects, but not all. • Too many surveys could bog staff down in work. • Most people who give feedback have negative things to say. • Those who have had a positive experience will be less likely to fill out the survev. • Landscaping is important because it raises the community to a higher standard. Once the standard has been raised, people will likely follow the requirements due to peer pressure. • Must be educational not confrontational. Limited Discussion • Fix past non - compliance issues. • Dollar amount should be more than developers expected costs. • Dollar amount should not be so high as to be a best way to obtain feedback. • This could be good for large projects. • Could take up too much time. • Publicize in advance when it is appropriate to apply for permits. • Development services should attend the home show. • We need to show people that we help. • Some concerns regarding the potential anonymity of the survey. • Concerned only negative customers would respond to the survey. • Landscaping and site design issues should be covered. February 9, 2015 is recommended as part of the Essential Package. • Recommended as part of the Essential Package. • Recommended as part of the Essential Package but will assess various tools to complete with minimal resourcing implications. • Recommended as part of the Essential Package. • A detailed program for deposits and securities will be developed as part of amendments to municipal bylaws in 0. 4'n 358 Page. 17 Dev011.0I t,SP01*, STAKEHOLDER FEEDBACK REPORT February 9, 2015 . 4'n 359 Page. 18 Dev011.0 I UP911 *1 Deve .. A. ' .. Response LJML Development 1L .. ment Board Staff would be withheld. • Deposits ensure that deterrent. 2015 -16. • Deposits need to be community standards • These programs will be large enough to not be are met by everybody clearly defined, seen as "just a cost of because it maintains a communicated. doing business ". level playing field. • Deposit amounts • Industrial Parks currently should depend on the uses deposits to ensure scale of the project and landscaping is done, and value of work. it has worked well with • Deposits may tie up too little to no complaints. much money and deter • Charging extra fees for development. further plan reviews is a • Perhaps not take good idea. landscaping securities • Need to have clear until before an criteria for determining occupancy permit is when those charges are issued. levied. • Need to be cautious about adding costs to development. • Additional permit fees should not apply if permits are being held • Stagger fees to coincide with up by the City. expedited permit levels. • Recommended as part • Disappointing that . Fees should be rationalized. of the Enhance Additional those who are not . Some projects could have Compliance Package. Permit Fees for following the rules gain • Dollar amount should be huge additional fees. • Success of additional advantages. Limited Discussion in line with surrounding Work Started • Shutting down the job municipalities. • Needs to be supported by permit fees is largely Without a Permit site is a strong message awareness blitzes. dependent on a to send to those •Increase fees for frequent dedicated legal working without a violators. resource. permit. • Need to follow through. • It will be the homeowner who absorbs this cost. • Reputable developers should receive the . 4'n 359 Page. 18 Dev011.0 I UP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 360 Page. 19 Development,Shopa1 Deve .. "benefit of the doubt ". Development A. Development Board ' Staff .. Response • Need to be cautious about adding costs to development. • Need to be clear who is responsible, the . Visual inspections are not d developer or the home reasonable to identify owner. issues. • Could this be confirmed • There are many projects on site by a building with slopes that would be inspector t avoid difficult to assess visually. additional c c osts? • Often homeowners cause • Lot grading should be • Need to apply common • An additional cost to the problems when they evaluated holistically Lot Grading sense to some projects. developers. landscape the property. with a larger water Certificates • This problem is not Limited Discussion •Visual inspections may be • Grading should not be drainage initiative and significant to address. a lower cost alternative. checked until after considered as part of landscaping the site. the Stormwater • Nothing is in place • Financially unreasonable for Drainage by -law. today that ensures lot grading is done to the small projects. approved plan. • We have civil techs with the • Significant costs for equipment that may be able little benefit. to do this. Could be a small increase to the permit fee to • Keep it simple and cheap. inspect. • Perhaps request a general conformity letter. • Is the community • Need to make it more • Community standards are • Although stakeholder standards officer a economical to do the important. feedback was Community technical position or an right thing and comply • Legal resource will provide a supportive of the enforcement position? with community • Should have a diary dating repercussion for not community standards Standards standards. system to trigger follow following orders from officer, due to cost Officer & • Community standards • Right now the people ups. inspection staff. implications, it is Additional Legal officer could help to ensure that Section 39 who follow the rules are • No additional staff should • Le g y al resource is necessary recommended that it Resource conditions are fulfilled. subsidizing the ones who be required. to enforce community be re- evaluated as part are breaking them. standards. of the Community • additional staff . Will be effective at • Community standards Standards Package in should be required. sh enforcing community officer will be able to be 2017. 0. 4'n 360 Page. 19 Development,Shopa1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 361 Page. 20 Dev011.0 I UP911 *1 Development A. .. Response Industry Development Agencies Committee & Heritage Development Service 1 Development BoardlL &a. standards & achieving proactive in compliance • The additional legal compliance. matters. resource is • Community standards recommended for officer will free up time for extension through to inspectors from additional 2017 as part of the duties. Enhanced Compliance Package. • Will ensure that • Recommended as part of the Enhanced community standards Compliance Package. Simplified Legal are being met. • Automated follow ups on • Will require a Process Limited Discussion •Will also be good to Section 39 conditions. Limited Discussion dedicated legal ensure that Section 39 resource to work conditions are being effectively. adhered to. • A letter of substantial completion is a positive step for the community. • Could be issued at the • Apply the occupancy permit time the City's final to the building only. Occupancy inspection for houses. • Should be more than an e- . Recommended as part Limited Discussion Limited Discussion of the Essential Permits • Could use a final sign mail. Package. off letter instead of an . Occupancy for single family occupancy permit. homes will be a good deterrent as banks and finance companies are aware of it. • Makes sense. It is important for the city • Recommended as part to know exactly where of the Essential As Built pipes are. Limited Discussion Limited Discussion Limited Discussion Package. Drawings 8 • Things can often • Will add a cost of $100- change in the field, $200 per lot to good idea to keep track development. of it. Compliance Limited Discussion Limited Discussion • Tip line should be Limited Discussion . Recommended to be 0. 4'n 361 Page. 20 Dev011.0 I UP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 362 Page. 21 Dev011.0 I OP911 *1 Development A. .. Responsel Industry Development Agencies Committee & Heritage Development Servic Develo jaMSUL.B,2ard Staff Blitzes available to report re- evaluated in 2017 as violations. part of the Community Standards Package. • Is dependent on the dedicated legal resource and the community standards officer. • Small deficiencies should be • An alternative to Land put on land gazette. Gazette is to design a new • Fees should be associated • Recommended as part Land Gazette Limited Discussion Limited Discussion system. with inspections to remove of the Essential • Land Gazette information notice off of land gazette. Package. should be added into GIS • Removal of notice require a systems. full inspection. Additional Issues Raised by Stakeholders • It is too rigid and onerous. • Can be a roadblock and create delays. • Storm Water drainage is under review in 2015 • Need to clarify the as part of the Stormwater storm water criteria. Limited Discussion Limited Discussion Limited Discussion development of a Guideline Stormwater Drainage By -Law. • Drainage plans may be too costly and could discourage development. • Permits required are consistent with surrounding Permit • Reduce the number of Reduce the number of things communities and in Requirement things that permits are Limited Discussion that permits are required for. Limited Discussion line with life safety and required for. minimum community standards. • All permits have been established through 0. 4'n 362 Page. 21 Dev011.0 I OP911 *1 STAKEHOLDER FEEDBACK REPORT February 9, 2015 0. 4'n 363 Page. 22 Dev011.0 I t Shop*1 Development A. .. Response Industry Development Agencies Committee & Heritage Development Service Development Board Staff 6. bylaws. • Will be reviewing during by -law processes • The issue of incentives • Cash incentives are is being considered by desired. Council as part of a Incentives Limited Discussion Limited Discussion Limited Discussion stand -alone initiative. • Re- instate the $1,800 It is not in the scope of laterals program. the One -Stop Shop program. • Provide an alternative to the standard process by allowing applicants to bypass the review or • All inspection services Accepting provided are in nspection stage by Limited Discussion Limited Discussion Limited Discussion Stamped Plans having a professional keeping ith the best p g engineer/ architect practices of industry. certify the plans or completed project. • May be • Field issuance of permits administratively Permits Issued in Limited Discussion Limited Discussion Limited Discussion should be considered but challenging and the Field accepting payments may be inefficient for the difficult. development service. • Civic addresses should be • The Community Civic Addresses Limited Discussion Limited Discussion Limited Discussion reviewed to ensure they are Standards Officer or posted. Building Inspector could inspect these. • Need to make more raw • An online map which data available to the shows section 39 Open Data Limited Discussion Limited Discussion public. Limited Discussion conditions, permit • Land gazette information applications and other should be integrated into information is being 0. 4'n 363 Page. 22 Dev011.0 I t Shop*1 STAKEHOLDER FEEDBACK REPORT a mapping tool. • Section 39 conditions should be publicized. • Permits and applications should be publicized February 9, 2015 developed. 0. 4'n 364 Page. 23 Dev011.0 I t Shop*1 365 c City of Saint John http://www.sa i ntLoh n.ca Growth and Community Development Services website: http://www.saintoohn.ca /en /home /city h a I I/d evel opmentgrowth /defa u It.aspx City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 OneStop @saintjohn.ca (506) 658 -2835 Development Shop e 01*V&. 19V--. 5�t PLANNING BUILDING INFRASTRUCTURE SAINT JOHN PO Box 1971, Saint John NB - Canada - E2L 4L1 OneStop @saintjohn.ca - Tel: (506) 658 -2835 367 1Z'14 RPI-JPORT TO COMMON COUNCIL M &C 2015 -027 February 10t', 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Procedural By -law Amendment - Cancelling Meetings of Council The City of Swat )am A recent review of Council's procedural by -law has highlighted the need for more explicit provisions respecting the cancellation of Council meetings. It is important that Council has clear authority to cancel a scheduled meeting in situations where the proposed Council agenda is such that, in the judgement of Council Members, the holding of the meeting is not justified, or for any other reason which in their judgement appears appropriate, such as severe weather events. It is recommended that Council consider adding the following provisions to its procedural by- law: CANCELLATION OF MEETINGS A Regular Meeting may be cancelled: (a) by a majority of Members at a previously held meeting; or (b) with the written consent of a majority provided twenty -four (24) hours' notice is provided to Members and the public; or (c) with the written consent of Two - Thirds (8) of the Members if twenty -four (24) hours' notice is not provided to the public. A Committee of the Whole Meeting may be cancelled: (a) by a majority of Members at a previously held meeting; or (b) with the written consent of a majority provided twenty -four (24) hours' notice is provided to Members and the public; or (c) with the written consent of Two - Thirds (8) of the Members if twenty -four (24) hours' notice is not provided to the public. M Page 2 A Special Meeting, called by the Mayor, may be cancelled: (a) by the Mayor if twenty -four (24) hours written notice is provided to all Members and the public; or (b) if less than twenty -four (24) hours' notice is provided, the Mayor may cancel with the written consent of Two - Thirds (8) of the Members. A Special Meeting, called by three or more Council Members, may be cancelled: (a) with the written consent of the requesting Members, if twenty -four (24) hours' notice is provided to the Members and the public; or (b) if less than twenty -four (24) hours' notice is provided, with the written consent of Two - Thirds (8) of the Members. *written consent shall be submitted to the City Manager and Common CIerk and shall be in the form of a letter, fax or from the member's known email address RECOMMENDATION That Common Council direct staff to draft the necessary amendments to "A By -Law Respecting The Procedures of The Common Council of The City of Saint John" to incorporate the above mentioned procedures for the cancellation of meetings. Respectfully submitted, Jonathan Taylor Common Clerk i atrick Woods, CGA City Manager 9 ?REPURT TO CGMM,.'GN COMIC= M &C- 2015 -006 January 19, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Compliance with all Section 39 Conditions Leinster Court Apartments: 55 Leinster Street BACKGROUND: City of Saint John On June 23, 2014, Common Council received a report from staff that provided background information and an update on compliance efforts with an outstanding Section 39 condition for the Leinster Court apartment building. This came about in response to a letter from a neighbouring property owner, Mr. Jon MacQueen, whereby he raised concerns with specifically two existing Section 39 conditions. The purpose of this report is to provide Council with a final report on this matter and advise that at this time, staff are satisfied that compliance with all Section 39 conditions has been met and we consider the matter closed. ANALYSIS: The Leinster Court property was rezoned from `B -2" General Business to "SZ- 21" Special Zone 21 on January 15, 2007 in order to permit the construction of the proposed Leinster Court apartment building. At the time of this rezoning, a number of conditions with respect to the use and development of the site were imposed by Council pursuant to Section 39 of the Community Planning Act. In addition to the conditions that had been recommended by the Planning Advisory Committee, Common Council imposed two more conditions during third reading in the Section 39 resolution, in response to specific concerns raised at the public hearing by some King Street East property owners, including Mr. MacQueen. It is these two conditions, e) and f), to which this report addresses. 370 M &C- 2015 -006 _2- Compliance with Section 39 Conditions: With Council approval of the project on January 15, 2007, the amendment to the Zoning By -law and the Section 39 resolution were both filed in the Registry Office and became effective on January 25, 2007. The Department's records indicate that although there has been ongoing communications between the City and SJNPH with respect to these additional conditions, the legal issues surrounding specifically condition f) have challenged both the applicant and the City's efforts to achieve compliance. To provide a final update to Council, the following specifically identifies how and when compliance with these two Section 39 conditions have now been met. Condition e): Fence and Retaining Walls "e) a fence and retaining walls be maintained by the applicant between the subject site and the adjacent residential zoned properties in a manner set out in detailed plans prepared by the applicant and approved by the Development Officer, " This condition was satisfiedd as part of the final plans being re- drafted to accommodate neighbouring property owner concerns in March of 2007. The original site design had the underground parking area extended closer to the property boundary of the King Street East property owners. With this original design, there was a need to provide a retaining wall to support the structure. The neighbours objected to this design and as such, SJNPH revised their building drawings to pull the garage back from this property line. With this re- design, there was no need to build the retaining wall any longer. The required fence and landscaping remained and they were installed during construction, as required. There remain existing retaining walls that are all owned by the King Street East property owners. It must be clearly understood, that these retaining walls are indeed owned by the King Street East property owners and as such do not belong to SJNPH. As such, SJNPH is not responsible for them. With this, there is no outstanding compliance efforts associated with Section 39 condition e) and this matter is considered closed. Condition f): Right -of -Way `: f) a right -of -way be granted by the applicant to the residential zoned properties adjacent to the subject site so that individuals can walk from Carmarthen Street within 3 metres of the north property line of the subject site to the rear yard of the adjacent residential zoned properties; " 371 January 19, 2015 M& C-2015 — 006 - 3 - January 19, 2015 This Section 39 condition was intended to provide pedestrian access from a right- of-way to the rear yard of the seven King Street East property owners that abut this site. It is staff's understanding from conversations with the General Manager of SJNPH that Mr. Jon MacQueen has repeatedly requested a right -of -way that would allow him to drive a vehicle to the rear of his property. This was clearly not the intent of this condition, which refers only to providing the ability to walk- from Carmarthen Street to the rear of the King Street East properties. SJNPH has constructed a concrete walkway through the proposed area that is accessible from Carmarthen Street. However, the actual formal right -of -way in favour of the adjoining properties has not been registered on title to date because of the liability concerns that this condition created. The registration of the right -of -way has been challenging for SJNPH due to the existing elevation of the site, as the adjoining properties are at a significantly lower grade than the walkway along the edge of the SJNPH property. The issue is safety: if someone wanders down the right -of -way and goes through one of the gates that is intended to provide private access to the right -of -way by these neighbouring property owners, what are they walking into? Today, without the installation of code compliance stairs by the King Street property owners from the SJNPH fence, they are walking onto the edge of old foundations with a drop to the ground that varies from approximately a metre at the low end to nearly 2 metres at the high end. As such, SJNPH has been very concerned about ensuring that anyone who wants access to this right -of -way has provided a safe access to it. Staff are in agreement that safe access to the right -of- way is an entirely reasonable part of achieving compliance with this condition. Achieving Compliance with Condition f): The June 23, 2014 Council Report advised that at that time, SJNPH was moving forward with providing instructions to their solicitor to have the easement documents prepared for distribution to the seven neighbouring King Street East property owners that abut this site. At that time, SJNPH offered that if agreement could not be reached by all property owners with respect to the condition for safe access, SJNPH would apply to amend or remove this Section 39 condition. It must be noted that staff cannot initiate this process nor can a neighbouring property owner. Since June 23, 2014, SJNPH has prepared and distributed an easement for all 7 property owners to consider. In order to achieve compliance with the condition while providing a safe access that will not create liability concerns, the easement document includes a condition that each property owner must consent to building National Building Code compliant stairs in order to have SJNPH provide them the gate in the fence to access the right -of -way. Staff consider this to be a fair and reasonable means of achieving compliance with the condition. 372 M & C — 2015 — 006 - 4 - January 19, 2015 In terms of addressing the proposal by SJNPH to return to Council and make application to remove this condition should the neighbours not agree to the easement, it must be understood that SJNPH is not obligated to do this. Their obligation is to achieve compliance with the condition which is assessed by city staff, regardless of whether the neighbouring property owners agree. It must be noted, no property owner is required to sign the easement document, should they not wish to comply with the condition to provide safe access. The important part of this matter is that there is now a mechanism by which each property owner can be provided with access to this right -of -way. Staff from the city in legal, planning and building has reviewed the proposed easement document, with the condition for each property owner to provide safe access from their rear property to the SJNPH fence. City staff is in agreement that this is a reasonable and fair means of addressing the safety issue this condition created. As such, City staff is in agreement that the spirit and intent of Section 39 condition 1) has indeed been met and we consider the matter closed. Status of the Proposed Easement Document As an aside, each of the seven King Street East property owners was mailed a copy of the easement from the office of the SJNPH solicitor (Gorman Nason) on October 31, 2014. City staff was notified through a telephone conversation with Mr. Richard MacQueen, the son of Mr. Jon MacQucen, on Friday January 9, 2015 that indicated Mr. Jon MacQueen had not received a copy of the easement for his consideration. SJNPH was notified immediately and their solicitor sent another copy of the easement, via registered mail, to Mr. Jon MacQueen on Tuesday January 13, 2015. As of the writing of this report, there was one King Street East property owner interested in signing the easement document. ALTERNATIVE: As an alternative, should Council wish to remove the Section 39 Condition in its entirety, this can be achieved by Council initiating the public process to repeal the existing Section 39 conditions. By Council taking the exceptional step of initiating the public process to amend the Section 39 Conditions, in the absence of a request to do so from the developer, in this case, SJNPH, there would be no ability for any King Street East property owner to access the existing walkway as this condition is intended to accomplish. Given where this matter is at today, and the efforts undertaken by SJNPH and staff to address this situation and achieve compliance with this condition, staff recommend that this process not be initiated by Council. 373 M &C --2015 -006 .5 - CONCLUSION: With respect to Section 39 condition e), this issue was resolved back in March of 2007. With respect to Section 39 condition f), this issue has now been resolved with the release of an easement document available to each and every King Street East property owner that abuts the Leinster Court property. In order to address the inherent safety concern that this condition created, the easement document requires that each property owner agree to provide a safe access to the Leinster Court fence in order to access the right -of -way. Staff consider the inclusion of this condition in the easement document to be a reasonable means of addressing the inherent safety hazard that this Section 39 condition created. The approach provides a mechanism by which each property owner can now be provided with pedestrian access to this right -of -way through their rear yard. As such, the spirit and intent of this Section 39 condition has now been met and City staff consider this matter to be closed. RECOMMENDATION: That this report be received and filed. Respectfully submitted, Stacey Forfar, MCIP, RPP Deputy Commissioner, Growth & Community Enrichment Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager Cc: Amy Poffenroth, Deputy Commissioner Growth & Community Development John Nugent, City Solicitor 374 January 19, 2015 February 10, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: MMA Combat Sports City of Saint john The province has established a Combat Sports Commission to regulate mixed martial arts in the province. One of the requirements that must be met by event promoters in order to obtain a permit to run an event is a letter of permission from the host city. Several event promoters have now expressed an interest in securing permission to host mixed martial arts events in the City this coming summer. Analysis The City Solicitor has reviewed the recently adopted legislation and associated regulation and advised as follows. The broad context is the Combat Sport Act which was enacted by the Province and proclaimed in force on November 1, 2014. The more specific context is the general regulation thereunder, Section 3 providing that an application for an event permit must be accompanied by "the municipality's ... written permission for the holding of the event in the location specified.... " in the application. It is my firm view that the permission is of a land use regulation dimension and confers no original jurisdiction upon municipalities with respect to the events. Consequently, the incumbent in the Commissioner of Community Growth and Development position would be the appropriate person to whom Council could delegate administrative authority in this regard. Of course that is on the premise that Council does not wish to deal with each application directly. The Regulation also provides that the application must be submitted to the New Brunswick Combat Sport Commission not later than 120 days before the scheduled date for the event so this is a timely matter. 375 Approval of the proposed resolution would allow event organizers to submit a request to the City and the request would be administered by the Commissioner of Community Growth and Development. The process for this approval would involve applicants submitting requests to the City by letter or a general application form along with a fee of $100. The Development Officer would then confirm that the use is permitted under the zoning rules for a particular location. The City is neither regulating nor licensing the events in question and no fee can be charged in this regard. The applicants would also have to submit the requisite information to the Combat Sport Commission and secure their approval in order to proceed with an event. Recommendation RESOLVED that it be the policy of The City of Saint John that in each instance of a request being made to the City for written permission to hold an event coming within the scope of the Combat Sport Act (S.N.B. 2014 c. 48) and at a specified location within the City, the requested permission be granted provided the location is appropriately classified and designated under the City's Zoning and Municipal Development Plan By -Laws respectively and it being explicitly clear that any such permission is granted solely with respect to the Iand use regulation of the site; and further that Jacqueline Hamilton, Commissioner, Growth & Community Development Services, is hereby delegated the power and authority to administer the aforesaid policy, such delegation to continue until either rescinded by Council or until she no longer holds the position in question, whichever occurs first. Respectfully submitted, J. Patrick Woods, CGA City Manager 376 REPORT TO COMMON COUNCIL M &C 2015 — 026 February 16, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: COMMUNITY GRANTS FUNDING RECIPIENTS BACKGROUND r*1 The City of Saint john In late 2014, Common Council adopted a new Municipal Grant Program, which included a new categorization of grants as well as a new grant application and evaluation process. A Community Grants Evaluation Committee was created and is now comprised of two community members, two Members of Council and three Staff. The deadline for applications to the new Community Grants Program was January 15th, 2015. The Committee's primary task was to review, evaluate and identify funding allocations according to adopted program guidelines and report back to Common Council with a recommendation. On January 30, 2015, the Committee met to evaluate over 60 grant applications requesting funding under three categories: Operational Support, Special Events, and Community Projects. Applications were carefully reviewed by each committee member individually before undergoing a group evaluation to allocate funding to successful applicants. ANALYSIS After Common Council approved an additional $18,000 to the total Community Grants funding envelop in January 2015, the total envelope is now $226,000. The 60 plus grant submissions totalling more than $1.25M, originated from various service groups representing, but not limited to: neighbourhood associations; recreation, art and cultural groups; charitable organizations, and health, wellness and social service providers. Members of the Committee were very pleased with the quality of applications and were impressed with the variety of applicants and project ideas. The Committee certainly found it challenging to prioritize the funding applications and develop a recommendation to Council consistent with the funding envelope. Priority was given to the operational support requests, totalling $211,500 (93.5% of total budget). A total of $11,000 was distributed to special events (5% of total budget). A total of $3,500 was allocated to community projects (1.5% of total budget). 377 Report to Common Council M &C 2015- 026 Page 2 of 4 After completing the review, the Committee acknowledged that Saint John is extremely fortunate to have many high - functioning non - profit organizations that are able to accomplish great outcomes for the community. As per the guidelines of the application, the evaluation process considered community need and social impact of the organization's service; its history in serving the community; its alignment with Council Priorities, and its organizational strengths and financial responsibility. Section A: The Committee recommends that the following groups receive funding under the 2015 Community Grants Program: 1. Cherry Brook Zoo $ 50,000* * The Evaluation Committee agreed to grant $50,000 (including property taxes) to the Cherry Brook Zoo for the 2015 fiscal year only. The Committee further recommends that the Zoo not be consider for funding through the Community Grants Program in future years. 2. P.R.U.D.E. Inc. $ 20,000 3. Human Development Council $ 15,000 4. O.N.E. Change Inc. $ 14,000 5. Westside PACT Inc. $ 14,000 6. Around the Block (Vibrant Communities) $ 14,000 7. Vibrant Communities of Saint John - (Waterloo Village Neighbourhood Assistant) $ 14,000 8. Crescent Valley Resource Centre $ 14,000 9. P.U.L.S.E. $ 14,000 10. Teen Resource Centre $ 10,000 11. Symphony New Brunswick — Open Air Concert Series $ 7,000 12. LivingSJ $ 5,000 13. NB Historical Society — Loyalist House $ 5,000 14. ARCF — C616brations Franco $ 4,000 15. Silver Falls Community Association $ 3,500 16. Denis Morris Community Centre $ 3,000 17. Seniors' Resource Centre $ 3,000 18. KBM Community Centre $ 3,000 19. Latimore Lake Community Association $ 3,000 20. Milford Memorial Centre $ 3,000 21. Lorneville Community Centre $ 3,000 22. Martinon Community Centre $ 3,000 23. Saint John Ability Advisory Committee $ 1,500 Total: $226,000 378 Report to Common Council M &C 2015- 026 Centinn R Page 3 of 4 In addition, the Committee also recommends the following groups receive in -kind support under the umbrella of the 2015 Community Grants Program: 1. Marathon by the Sea 2. Rockwood Triathlon 3. Queen Square Farmers' Market 4. Tim Horton's Pavilion Cup 5. Symphony New Brunswick — Open Air Series 6. Salty Jam 7. YMCA — Community Fair 8. CMHA 9. Pickle ball 10. Champlain Heights Community Association 11. CNIB In -kind services include facility rental, staff representation/support for committee; event coordination and logistics; traffic control; garbage removal, etc. Staff will meet with these groups to determine the needs and level of support. Staff will submit a final report on the value of in -kind support provided at the end of the 2015 fiscal year. If Council approves the above distribution of funds, it will deplete the 2015 funding allotment for the Community Grants Program, which in turn signifies that there will be no other application process for the remainder of the year as well as no other grant applications considered for funding under this program. In the event Council approves the above list of recommended recipients, each successful applicant will receive a funding agreement (Appendices A, B, C), which highlights the expectations associated with the funding. The funding agreement also requests an official confirmation from the applicant that they are able to fulfill the terms of their application within the funding allocation identified by the City. If the applicant is unable to fulfill the terms of their application within the funding allocation identified by the City, the funding will be placed back into the Community Grants Program and the Committee will return to Council with additional funding recommendations. Successful applicants will be advised that they must apply annually and there is no guarantee of sequential year -to -year funding. For those applicants who were unsuccessful, the Committee will send letters informing them that they were unfortunately not selected for grant funding under the 2015 Community Grants Program. 379 Report to Common Council Page 4 of 4 M &C 2015- 026 RECOMMENDATIONS The Community Grants Evaluation Committee recommends that Common Council: 1. Approve the allocation of $226,000 from the Community Grants Program as presented in Section A of this report; 2. Approve in -kind support under the umbrella of the 2015 Community Grants Program as presented in Section B of this report. Respectfully submitted, Rev. Erik W. Kraglund Chair, Community Grants Evaluation Committee Members of the Community Grants Evaluation Committee: Councillor Susan Fullerton Councillor Shirley McAlary Reverend Erik W. Kraglund, Chair David O'Toole, Vice -Chair Kevin Watson Barry Freeze Hilary Nguyen Attached: Off Appendix A COMMUNITY GRANTS FUNDING AGREEMENT ORGANIZATIONAL SUPPORT The undersigned organization ( "Recipient ") hereby acknowledges receipt of a City of Saint John Community Grant in the amount of $ Recipient agrees to use the grant solely in accordance with the Recipient's Application (the "Organization ") approved by the City of Saint John ( "City "), a copy of which is attached hereto as Schedule "A ", and in accordance with the Grant Guidelines. Recipient acknowledges that the Community Grants Funding Program does not guarantee sequential year -to -year funding and that the organization should not be dependent on the Program for its solvency. Recipient agrees to provide a written report to the City of Saint John on the outcomes and measurements identified in the Organization application, along with a revenue and expense report by December 15, 2015. Recipient will promptly return any unspent portion of the grant to the City. Recipient that is unable to fulfill stated outcomes, timelines and/or those who do not submit a final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient that is found to use false information in either the application or the final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient will acknowledge the support of the City of Saint John in written materials, and through other appropriate and tasteful means. Recipient will also display signage or a notice acknowledging the support of the City of Saint John at Recipient's principal location(s) and its significant public events (including Recipient's annual meeting). Recipient gives the City of Saint John permission to use photos, articles, quotes, etc., of their organization and/or project for promotional purposes and/or related publications. Recipient agrees to immediately report to the City of Saint John any change in circumstances or events that materially affect the Organization as described in Recipient's approved Application. Dated this day of February, 2015. Recipient By: ....................... ............................... Name: Title: Appendix B COMMUNITY GRANTS FUNDING AGREEMENT COMMUNITY PROJECT The undersigned organization ( "Recipient ") hereby acknowledges receipt of a City of Saint John Community Grants in the amount of $ Recipient agrees to use the grant solely in accordance with the Recipient's Application (the "Project ") approved by the City of Saint John ( "City "), a copy of which is attached hereto as Schedule "A ", and in accordance with the Grant Guidelines. Recipient acknowledges that the Community Grants Funding Program does not guarantee sequential year -to -year funding and that the organization should not be dependent on the Program for its solvency. Recipient agrees to provide a written report to the City of Saint John on the outcome, including all revenues and expenditures, of the Project within 45 days of completion. Recipient will promptly return any unspent portion of the grant to the City. Recipient that is unable to fulfill stated outcomes, timelines and /or those who do not submit a final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient that is found to use false information in either the application or the final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient will acknowledge the support of the City of Saint John in Project written materials, and through other appropriate and tasteful means. Recipient will also display signage or a notice acknowledging the support of the City of Saint John at Recipient's principal location(s) and its significant public events (including Recipient's annual meeting). Recipient gives the City of Saint John permission to use photos, articles, quotes, etc., of their organization and/or project for promotional purposes and/or related publications. Recipient agrees to immediately report to the City of Saint John any change in circumstances or events that materially affect the Project as described in Recipient's approved Application. Dated this day of February, 2015. Recipient By: ....................... ............................... Name: Title: Appendix C COMMUNITY GRANTS FUNDING AGREEMENT SPECIAL EVENT The undersigned organization ( "Recipient ") hereby acknowledges receipt of a City of Saint John Community Grants in the amount of $ Recipient agrees to use the grant solely in accordance with the Recipient's Application (the "Event ") approved by the City of Saint John ( "City "), a copy of which is attached hereto as Schedule "A ", and in accordance with the Grant Guidelines. Recipient acknowledges that the Community Grants Funding Program does not guarantee sequential year -to -year funding and that the organization should not be dependent on the Program for its solvency. Recipient agrees to provide a written report to the City of Saint John on the outcome, including all revenues and expenditures, of the Event within 45 days of completion. Recipient will promptly return any unspent portion of the grant to the City. Recipient that is unable to fulfill stated outcomes, timelines and/or those who do not submit a final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient that is found to use false information in either the application or the final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient will acknowledge the support of the City of Saint John in Event written materials, and through other appropriate and tasteful means. Recipient will also display signage or a notice acknowledging the support of the City of Saint John at Recipient's principal location(s) and its significant public events (including Recipient's annual meeting). Recipient gives the City of Saint John permission to use photos, articles, quotes, etc., of their organization and/or project for promotional purposes and/or related publications. Recipient agrees to immediately report to the City of Saint John any change in circumstances or events that materially affect the Event as described in Recipient's approved Application. Dated this day of February, 2015. Recipient By: ....................... ............................... Name: Title: 215 Charlotte St. Saint John, NB E21- 2K1 Feb 11, 2015 To Mayor and Council of the City of Saint John, Included is some information regarding the situation currently faced by the Saint John Community Food Basket located at 215 Charlotte Street. For a number of years our location has been unsuitable for reasons outlined in this package One of its few positive attributes has been the parking which you have so generously made available to us. We are currently negotiating with a landlord to rent space at 245 Union Street. It is far superior to our present location in ail but two aspects, the increase in rent and decrease in parking. There are two spots, but we require a minimum of six. Regarding the paucity of parking, we are hoping that the City of Saint John can continue to provide us some space. Your ongoing support demonstrates that you honour the city's vision statement in seeing our Saint John as "a population of problem solvers where each individual and organization has a vital role to play." We appreciate your acknowledgment of the vital role we play in assisting the less fortunate uptown residents and hope your support will continue. If you do consider this request, we respectfully ask that you remember the majority of our volunteers are over seventy, and a few are over eighty so proximity is an important factor. The coordinator or I would be happy to meet with you to answer questions or address concerns you may have Thank you sincerely for any consideration you give this matter. Yours respectfully, Marlene Hull Secretary/Quality Assurance Director /Public Relations Member Saint John Food Basket Board of Directors marlenehull2 cD grna l.eam or 672 -1295 or 550 -2459 Saint John Community Food Basket Our Mission Statement Through education, advocacy and the acquisition, storage and distribution of food, we will with God's love, anticipate and meet the needs of the hungry in our community in a manner that maintains dignity, builds community and challenges inequality. Our History That Saint John cares for its citizens is evidenced by the city's history of firsts: the first Boys and Girls Club in Canada, the first free public library, playground and museum in Canada; the first YWCA in Canada and the first almshouse in New Brunswick. The Saint John Community Food Basket was the first in the city and is stiSi the food distribution centre for the Saint John area's four other food banks which opened following the south end peninsula's example. This beacon to the less fortunate was started thirty years ago by four committed, individuals and grew to involve over forty people. For twenty -seven years, every position in the entire operation was voluntary As the organization grew to became a sizeable one with many areas of responsibility, it continued to be managed by one person. From the Food Basket's inception until Esther Shanks' retirement three years ago, it was under her capable management. The huge body of knowledge and experience that left with her catalyzed a complete review by the Board of Directors. This led to extensive restructuring and the hiring of a part-time coordinator which has resulted in many positive outcomes Our Problem Despite our tremendous progress, none of the changes mitigates the most serious obstacle to the efficiency and success of the Food Basket and that is the building itself. The list of deficiencies is long: • For several years it has been too small. • The rent is very high for the quality of the property • The building is old which contributes to- ,i, Exorbitant heating costs (which we pay) o Continual evidence of rodent activity o Unsanitary conditions (aging work and floor surfaces, making cleaning difficult) Compromised health of volunteers due to cc A, damp work environment c Inadequate facilities for waiting clients o Fire and life safety concerns: ■ Leaking roof causing sagging ceiling tiles and slippery floor ■ Lack of adequate exits • Suspicious wiring ■ Possible exceeding of occupancy load (when clients are present) ■ Structural unsoundness of at least one floor ■ Insufficient ventilation These are the inadequacies obvious to an untrained person which leads one to ask what a fire safety or building inspector would discover We have recently found a building which may prove suitable and we are requesting the City of Saint John to continue providing some parking spaces for the volunteers. 385 Other Deficiencies and Disadvantages Deficiencies: • No proper wheel chair accessibility: We have two wedges to put in place when products are brought in on dollies. We do not use them for wheel chairs because they are narrow and unstable The clients in wheel chairs remain oatdoo. s (no matter what the weather) and ask another client to advise us of their presence When we are aware cf their arrival, we serve them immediately. A far from ideal situation, but it is all we can offer in the present facility. • Inability to allow clients autonomy (and therefore more dignity) In selection: that is, setting up more like a store We hand out a standard order regardless of the client's preferences whareas some food barks allow clients to choose their own groceries For example. a vegetarian could select extra beans or eggs instead of having wieners o tuna in their order There are many models for this method and we are currently reviewing them to select the one that best snits our operation, should we be able to implement it in the future. • Lack of space for an education centre. Education is the part of our mission statement which we do not fulfill, other than to provide the occasional recipe. If we had more space, efther we or another organization could assist clients with budgeting and food preparation, hold cooling classes and teaching sessions related to grocery shopping, storing and using left -avers • Inadequaft waTdng room: Our present "lobby" is far too small and does double duty as a waiting room and food distribution area for baked goads and "extras` The congestion on busy days is close to dehumanizing with chanis and volunteers trying to negotiate walkers, strollers and wheeled carryalls Add to this a truckload of foodstuffs wheeled m on dollies through our only entrance, and the situation is not only demeaning but dangerous Disadvantages: • Demographics: • The south -end peninsula has the highest population of people living in poverty in the city- (statistics from the most recent municipal election) • Our food bank is the only one in the city located in an area lacking large concentrations of middle -class or more affluent neighbours to suppoil us. ■ West side has Greendale and other subdivisions • Old north end has Millidgeville • East s +de has Silver Falls and other developments • We have a few apartment buildings and private residences with people able to support us, but not in the numbers the other areas have; hence the highest proportion of poverty. o The uptown area has no true supermarket such as Sobey's, Superstore and No Frills. Giant Tiger is beneficial to the neighbourhood people without transportation but has not to date been a supportive corporate citizen. Rent: There are huge differences in the rents paid by the city's four food banks. o The west side food bank is free of charge in the Community Centre o The north end facility (former Main Street Baptist Church) pays under $1,000 monthly. n The east side site is in the Park Avenue United Church hall (rerit unknown) o The south end Food Basket (ours) pays over $1700.00 monthly (unheated) :. KO-I) fVImUt LI i 4YAFQA K/ One "Advisor" tells us to knock, seek and ask it. So who's at your door? The Community Food Basket! We know you gave space to our friends over west. By comparison, oar "ask" is so much Tess. The situation is that our facility's too sma;l, Too old, cold, unsafe, not s«itable at all. They say "God helps those who help themselves" And we have found a spot to relocate our shelves. The only thing we regret leaving behind Are the city parking spots which you were so kinds To a!iaw us to use. In our new location The same offer would meet with our approbation. The problem of parking has been much discussed. Being close to the building is really a must. We know uptown parking s at best slim pickin's; Though we hate to confess it, we're not spring chickens. Sorne of the folks have been here from, the start, Thirty years of giving... straight from the heart. To ask them to walk far is simply not fair. The perfect place would be at Prince Edward Square. Wei numbly request' you consider ©LIC plight. And after dcIng so vie hope that you might Give us parking spots near cur rew facHity Bacause we no longer move with speed or agility. Thank you a!1 for your dedication rLnning Saint John. Like NOW with the snow going on and on ... and on! I you can help our Foos Basket with th -is request, The voluntears in se: v ce ,rlll feel ever blest, 387 Volunteer Participation By supporting community fund - raisers, volunteers give generously of their time year round, above and beyond regular Food Basket days. Leonard Cohen Concert Mill Rats Basketball Game Queen's Square Farmers' Market ..• COMMUNITY -rinn 91A5KET I Sea Dogs Hockey Game Santa Claus Parade Saint John Community Loan :fund 1rtue9tir1g iR P�eojple — lowest W_ iR CVD1Mu31kii:v 133 Prince Edward St. Saint John, N8 E2L 3S3 Tel 506 652 5600 - Fax 506 652 5603 E -mail ioanfund&nbnet.nb.ca Website www_loanfund.ca BOARD OF DIRECTORS February 10, 2015 President Belinda Kumar Province of NB Dear Mayor and Members of Council: Vice- President Ross Ripley Early last fall we had our Social Enterprise Hub Project gain approval for re- zoning on Freedom 55 Prince Edward Street. We thank you for that. Our plan is to begin the build in the spring. Secretary We have a gap in capital cost financing of $300,000 that we plan to bridge through Adam Dickinson corporate and private sponsorships. We need to meet this goal by March 31, 2015 an de Stecher Appraisals ambitious goal but one we are confident we will meet_ Chair of Fund Development Abby Colwell Abbas Mortgages To meet this goal we need ambassadors who can promote the project. Who better to g p P 1 promote innovation and economic opportunity than our City Council? We ask you to Chair of Loan Committee Jane Bradbrook become our ambassadors as we push to close this a In funding and begin building P gap 9 9 9 RBC the first social enterprise hub in New Brunswick. Chair of Marketing Strategy Brendan Glauser I am enclosing with this letter the Social Enterprise Hub — Becoming a Sponsor Revolution package. It provides a clear description of the project and its fit with PlanSJ, as well as Adam Gilmore income to date and sponsor opportunities. We urge you all to consider supporting the Irving Oil Hub individually, and to share the opportunity with friends and colleagues. We would Rachael Grant appreciate the opportunity to come in to create awareness for the Social Enterprise Hub Project at the next Council meeting. Justine Keenan Association of Community Living Many thanks for your support in building a Great Saint John that is even more enterprising and innovative. FINANCIAL PARTNERS Canadian Centre for Financial Literacy Canadian Women's Foundation 1 Greater SJ Community Foundation SEDI TD Social Development NB Sincerely, Status of Women Canada Seth Asimakos The Co -operators United Way Saint John Women's Empowerment Network Women's Issues NB IMPACT PARTNERS Bus Community Anti - Poverty Initiative Economic and Social Inclusion Corp Pond Deshpande Centre Si Human Development Council SJ Learning Exchange 389 i BECOMING A SPONSOR - 2015 we invest in ideas that create income, wild assets, and make change Saint John Community moan Fund I n es ft fn people - hmsdng In Crnainnity 390 133 Prince Edward St. Saint John, NB E2L 3S3 S 506 652 5500 F• 506 652 5603 loanfundfu'nbnet.nb.ca www. loan fund.ca BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Frind Social Enterprise Hub [description The Saint John Community loan Fund is planning a larger space to foster creativity and entrepreneurship for poverty reduction. The 15,000 square foot building will be located at 139 Prince Edward St. and encompass three floors. The cost is $2.25 million. Financing the SE Hub The space will include the following: On the ground floor a Goal $1.1 million social enterprise cafeteria used for back to work training. Down the hall, micro - enterprises launched through the Loan 1000000 � --- - - -� 900000 ! .___.YO�!._._�_ Fund are clustered and focused on a lean start up. A maker 800000 space has a 3D printer enabling early stage prototyping. On 700000 the second floor training occurs in rooms that can be 600000 collapsed and enlarged to accommodate larger community 500000 events and pitch presentations. On the third floor, 400000 300000 enterprising non- profits work on poverty reduction. This is a 200000 floor where synergy is created and innovative ideas hatch for 100000 reducing poverty. The building is tied together with the latest 0 technology enabling seamless communication for high level ■ Loan Fund a RDC productivity. a Sir James Dunn • GP o Sisters a Freedom 55 Financial The Loan Fund will finance 50% with a mortgage. So it needs $1.1 to leverage the project. It has invested $100,000 and has $710,000 secured in commitments. With another $300,000, we can start to build. We invite you to be part of this innovative impact space! 11 Page 391 SUiLIDING A SOCIAL ENTERMSE HUB Saint John Community Loan Fun6 Meeting the Need for Entrepreneurship This project is a place based development in a priority neighbourhood. Vibrant Communities Saint John has identified six priority neighbourhoods of which the Waterloo Village is one. It is characterised by a high poverty rate and a low home ownership rate. Yet it is centrally located, close to major corporations, a community school and green space. This is the location of 139 Prince Edward St. This project addresses the goals outlined in Plan SJ: to intensify mixed use development in the Waterloo Village and the Prince Edward St. arterial; to attract new investment to the community, and ensure home -grown industries are P&W retained and expanded; and to develop a culture of MAMWAQ47, *3 AU• � " entrepreneurship. This project addresses the Provincial Governments goal of promoting entrepreneurship and innovation in New Brunswick through creating centres of entrepreneurship. It is about creating new jobs and wealth and attracting new investment. It links in with the Economic and Social Inclusion Corporation's work to develop a robust social enterprise ecosystem. This project addresses the Federal Government's goal of building the economies of Atlantic Canada through investing in projects that enhance a community's capacity to overcome economic development challenges. This project builds desperately needed quality space for enterprising non - profits working to launch social enterprises. A quick survey of our partners working in poverty reduction indicates a need for quality space where tenancy is stable. Target Customer and the Value Proposition There are three primary customers for the space: enterprising non - profits; micro - entrepreneurs; and, early stage social enterprises. They value this location for the following reasons: cluster effect for innovation, for purchasing, and for leveraging investment; leading technology; multiple and flexible meeting spaces; central location; affordable rent; and, enterprise support (via Loan Fund). 2 1 Page 392 BUILDING ASOCIAL ENTERPRISE HUB Saint John Community Loan Fund Key partners Saint John Community Loan Fund lovallne b People - Invatlng in Commusl[y The project developer is the Saint John Community Loan Fund (Loan Fund), a non - profit charitable organization established in 1999, whose mission is to improve social conditions by promoting economic independence and fostering entrepreneurship. For more than 10 years it has been helping individuals create income, build assets, and attain greater self - reliance by providing training, micro - loans, coaching, and good, secure, affordable apartments. In 2009, it bought and renovated a partially vacant building for office space and two affordable apartments. Neighbours were amazed at the transformation. It was a risk and it paid off.; not only for the Loan Fund, but for the neighbourhood. For more information please go to www.loanfund.ca. The key social enterprise partner in the project and the source of 30% of projected rent revenue is the Saint John Learning Exchange. Established 30 years ago, it helps adults attain their GED. This focus includes training in transferable work skills and helping individuals transition to employment. The Learning Exchange is also experimenting with social enterprise. It runs Stone Soup Catering and recently launched Voila, a green cleaning � �kLEARNINOEXCHANGE !Lei.. ..i�t....!1 .. e..�. . company. The SJ Learning Exchange and the Loan Fund have also just launched a 5 year project that will help build social enterprises in Saint John. The Pond Deshpande Centre for Entrepreneurship and Innovation has emerged as an accelerator of social enterprise and entrepreneurship in the region. It has committed to renting space in the Social Enterprise Hub because it wants an ongoing footprint in Saint John; a place for pitch events, for enterprise launches and incubating emerging entrepreneurs. Enterprising non - profits engaged in poverty reduction also want to be part of the Hub. The Human Development Council is another important tenant. For over 25 years it has been addressing social issues in Greater Saint John through research, information, coordination and networking. it has incubated Housing Alternatives, the Learning Exchange and most recently Safe Harbour. 3 1 P a g e 393 $uiLDIi G A SOCIAL ENTERPRISE Hus Saint John Community L -3an Fund Four ways yqu can support the SE Hula. 1. project Sponsor There are three project sponsors right now, Gerry Pond, Sir James Dunn Foundation and the Regional Development Corporation. Project sponsors are champions and first adopters that leverage others to follow their lead in supporting innovation. Their sponsorship enables the campaign to take large strides towards the goal, and will include support of $100,000 or more. Project sponsors will be named on prominent fixed display on an exterior wall adjacent to entry to the Nub. 2. Room Sponsor There will be five training rooms, three meeting rooms, enterprise incubation space, social enterprise cafe, and a few offices and bathrooms. Everything is up for capital cost sponsorship. The opportunity is for a corporation to have its name and brand be associated with the building and specifically a room for the life of the building. Names will be etched into the door glass of each room or on a name plate beside, as well as be on the sponsorship wall of the main floor atrium. Naming rights may be shared if a room is co- sponsored. On the following pages we have many of the rooms identified with the sponsorship opportunity which is 50% of the cost of construction. 3. Tenant Sponsor Sponsors may also choose to sponsor an activity. For instance the enterprising non - profit space and the generation of innovative poverty reduction work could be sponsored for a 3 to 5 year period. Each sponsor would be listed on the Sponsorship wall on the main floor atrium, as well as be listed in marketing materials and websites. Other options include sponsoring a tenant such as the Urban Core Support Network for their office space. Currently they do not pay rent where they are at, but would benefit from collocating in this building. 4. Tile Sponsor We want to provide an opportunity for as many companies or individuals to contribute. They may not be able to sponsor a room or a tenant but they want to contribute to the building and its mission. And we want to recognize their contribution. We will do that by creating tiles designed by children from the neighbourhood and working with one of our local artists to fire them. The tiles will then be displayed on our entry wall. It will be a colorful and creative thank you for those who sponsor at levels of $500 to $5000 dollars. 41 Page 394 BUILDING A SOCIAL ENTERPRISE HUB Saint Jchn Community Loan Fund 111 Floor Start Here Centre 400 sq ft Sponsorship opportunity — Cost $25,000 The main entry will have a front desk and assistant who will provide orientation to anyone coming into the Hub. This position will be an opportunity to transition clients to work by providing a mentored work opportunity. Business Incubation Space 800 sq ft $50,000 sponsorship from Freedom 55 Financial Micro - businesses that have been started through the Loan Fund will share approximately 800 square feet of space in a mix of closed and open office space. Micro - businesses have access to a shared fax- copier, meeting space, a cafeteria down the hall, business support, and each other! Social Enterprise Cafe 700 sq ft Sponsorship opportunity — $43,750 Stone Soup Catering is a social enterprise caterer that was started by the Leanring Exchange. It is a transition to work opportunity for their clients, while providing a necessary good food option on site. They will be the tenant and manager of this cafeteria /catering space. A space that can als be rented for food mentoring programming, and used for community functions. 5 1 P a g e 395 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan Fund 2nd Floor Training Rooms 5x500sgft Sponsorship opportunity - $31,250 per room The Saint John Learning Exchange (Learning Exchange) was established in 1984. It provides GED preparation and foundational literacy upgrading. The Learning Exchange knows literacy is a component of earning a living wage and understands the need to provide responsive and supportive programming to assist learners on that journey. Offices 15x80sgft Sponsorship opportunity - $5,000 per office The Saint John Learning Exchange employs ten trainers and five job developers. Their work is key in moving individuals through training with over 50% achieving their GED. Those who cannot achieve their GED are trained in workplace essential skills and may have an opportunity to work in transitional work settings to build their skills for reaching their goals for employment. 61 Page 396 BUDDING A 500Ai_ ENTERPRISE HUB Saint John Community Loan Fund Meeting Rooms -1st, 2nd and 3rd Floors Special Event and Pitch Room Large 800 sq ft Sponsorship opportunity — $50,000 With various organizations in one location, we share meeting rooms which means we have more variety at our disposal. This is where we host our own and other pitch events, as well as larger training sessions that can accommodate 50 -70 people. Strategy Rooms 2x400sgft Sponsorship opportunity — $25,000 per room We will have two of these size rooms which can accommodate 15 people. This is where the designated committees and boards work to build strategy for innovative solutions to grow. One -on -One idea Generation 3x150sgft Sponsorship opportunity - $9,375 per room Whether working with a client to support their quest or working with a couple of partners, these rooms are about having a space for building that initial idea and supporting it. Many important steps will start right here. 7 1 Page 397 . UILDlNG A SOCIAL ENTERPRISE HUB Collaborating for Social and Economic Innovation 400 -800 sq ft per organization Sponsorship opportunity - $25,000 to $50,000 per organization This floor will have three to five non - profit organizations focused on poverty reduction using a collaborative entrepreneurial model. Spaces will be a combination of separate offices, open work stations and meeting spaces. The groups we have on board include the ED and Social Enterprise Officers of the SJ Learning Exchange, staff of the Saint John Community Loan Fund, Staff of the SJ Human Development Council, and social entrepreneurs sponsored by the Pond Deshpande Centre. Discussions are ongoing with other groups that fit this model and want to explore innovative strategies to community impact. Career counselling offices Saint John Community Loan Fund This is an office area possibly shared by NBCC, UNBSJ and a wellness counsellor. It will enable both career and wellness counselling be available for the 100s of clients passing through the building. 81Page 398 BUILDING A SOCIAL ENTERPRISE HUB Saint John Community Loan fund Interested in being part of the Soclai, Enterprise Hub? Interested in occupying a space that integrates social and economic goals? That supports literacy, transition to work, micro and social entrepreneurship? That generates neighbourhood impact, and solutions that reduce poverty and retain our population for our community, province and region? Please Contact Us Seth Asimakos Co- Founder and General Manager Saint John Community Loan Fund 652 -5600 loanfund@nbnet.nb.ca Christina Fowler Executive Director Saint John Learning Exchange 648 -0202 christina.fowler @ sale.ore Mandy Burke -Evans Social Enterprise Development Officer Worklinks - Saint John Learning Exchange 609 -4760 mandv.burke- evans0sile.ore Current Loan Fund location 9 1 P a g e 399 v. s 9• PROCLAMATION WHEREAS: The mission of Girl Guides of Canada - Guides du Canada enables girls to be confident, resourceful, and courageous, and to make a difference in the world; and WHEREAS: For 105 years, Girl Guides of Canada - Guides du Canada has been a trailblazing organization advocating for girls and women, offering them the opportunities to learn valuable leadership skills and meet the challenges they face in their lives; and WHEREAS: Girl Guides of Canada - Guides du Canada supports girls and women in their personal development and empowers them to be responsible citizens by instilling personal values, respect for the environment, responsible citizenship and the principle of service. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim February 22nd until February 28th, 2015 as Guide - Scout Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Uff REPORT TO COMMON COUNCIL M &C2015 -30 February 16, 2015 The City of Saint John His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Safe, Clean Drinking Water Project — Advisory Services PURPOSE The purpose of this report is to request that Council approve the following items: 1. Expand the scope of services provided by PricewaterhouseCoopers LLP (PWC) to include Procurement Advisory Services; and 2. Approve Legal Services from Tory's LLP and Financial Advisory Services from PWC required to lead the City to finalization of the Project Agreement. 1. PROCUREMENT ADVISORY SERVICES At its meeting held November 3, 2014, Common Council resolved to invite three shortlisted Proponents to participate in a Request for Proposal (RFP) process for the City's Safe, Clean Drinking Water Project ( SCDWP). The RFP was subsequently released to the three shortlisted Proponents on January 8, 2015. The SCDWP team is currently preparing for a series of Commercially Confidential Meetings (CCMs) with each Proponent that will take place over the next 3 months to discuss the technical, legal, and financial elements of the draft Project Agreement. The CCM is a best practice that increases the probability of success of receiving compliant bid submissions by ensuring that each Proponent team has a full understanding of the project requirements. The CCMs offer the Proponent teams the opportunity to raise issues, which, if valid and properly dealt with, may reduce ambiguity in the Project Agreement and reduce project risk (cost). The project is entering a stage where risk is gauged and the opportunity is provided to address those risks prior to bid submission. It is anticipated that each Proponent will bring a team of approximately 12 -15 subject matter experts to each CCM. These subject matter experts are expected to have significant PPP experience, led by a Bid Director who typically has financial expertise and the ability to link all issues (technical, legal, insurance, risk assessment) to a financial outcome. The 401 M &C 2015 -30 Page 2 Proponent will be looking to secure a profitable Project Agreement while it will be the City's intention to optimize value for money. The issues discussed at the CCMs will likely directly impact the final bid price received at financial submission. Millions of dollars could be at play for the myriad of issues that can be raised; it is critical that the City participates on an equal footing with respect to the knowledge and experience that our team brings to the table. The City's representative in the CCMs should possess similar knowledge and expertise to that of the Bid Director for the Proponent team. Given the above, staff recommends that Council extend the scope of services of PWC from being strictly Financial Advisory to include Procurement Advisory Services. PWC has significant experience in complex procurement advisory for both the private and public sectors, including public private partnerships. PWC are globally connected, have access to latest market precedents and are best positioned to protect the City's interests during the CCMs. The Procurement Advisory services include leading the City through the CCMs and acting as the City's representative throughout all of the discussions with each Proponent team through the RFP Open Period, as well as coordinating the drafting of all Q &A responses to the proponents. The fee structure is based on a per hour basis because the amount of work is dependent on the number of issues raised by the Proponents. However, based on PWC's experience with similar projects, the estimated cost is expected to be in the range of $400,0004500,000. The engagement will be eligible for reimbursement under the PPP and RDC funding agreements, with the net cost to the City being the remaining 50 %, or $200,0004250,000. The 2015 approved Capital Budget includes funding for this expenditure. It is also expected that PWC will bring best practice efficiencies to this stage of the procurement process that could potentially reduce the time required from other advisors (i.e. legal advisor, technical advisors, and PNB resources) however, it is difficult to quantify at this time. 2. LEGAL AND FINANCIAL ADVISORY SERVICES The City's legal and financial advisors continue to play a key role during the RFP Open Period, providing advice to the City through the CCMs and drafting Addenda to the RFP and revisions to the draft Project Agreement. Given the unique nature of this project (such as the change in scope to include a groundwater system on the west side), additional due diligence was necessary to issue the RFP that required more due diligence than originally anticipated at the time of approving the legal and financial service contracts. Accordingly, the 2015 Approved Utility Capital Budget includes funding for the necessary legal and financial advisory services required in 2015 to see the City through the RFP Open Period and onto the finalization of the Project Agreement. It is recommended that Council approve legal services from Tory's LLP for an amount not to exceed $500,000 plus HST and financial services from PWC for an amount not to exceed $150,000 plus HST. Both expenditures are provided for in the 2015 Approved Utility Capital Budget. 402 M &C 2015 -30 Page 3 The PWC expenditure is eligible for 50% reimbursement through funding agreements with the other level of governments; therefore, the net cost to the City for PWC is expected to be $75,000. RECOMMENDATIONS: It is recommended that: 1. Council authorize expanding the scope of PWC to manage and coordinate the procurement process for the SCDWP through the RFP Open Period, and authorize the payment of the hourly rates as set out in the attached proposal; 2. Council authorize the payment of an amount not to exceed $500,000 plus taxes and disbursements to Tory's LLP for legal services; and 3. Council authorize the payment of an amount not to exceed $150,000 plus taxes and disbursements to PWC for financial services. Respectfully submitted, Kevin Fudge, CPA, CA, BBA Deputy Commissioner - Saint John Water Wm. Edwards, P.Eng. Commissioner - Saint John Water 403 Dean Price, P. Eng. SCDW Project Manager J. Patrick Woods, CGA City Manager pwc February 2, 2015 Mr. Dean Price The City of Saint John P.O. Box 1971 Saint John, New Brunswick E21, 4L1 Project: Management and coordination of the procurement process for the Safe Clean Drinking Water Project (the "Project ") Contract: 201-2 -09220 iP Drinking Water Program - Advisory Services Dear Dean, The City of Saint -John (the "City ") has asked PwC for a proposal relating to the management and coordination of the procurement process for the Project and to act as the City of Saint - John's representative vis a vis the proponents through the RFP open period. The purpose of this document is to present the proposed scope of work, the team and the estimated fees. I. Proposed scope of work 1. Question and answer and addenda management During the RFP open period, proponents will be posing questions which will require the preparation of responses from the City of Saint -John and may lead to the issuance of addenda to modify the RFP. These questions are typically reviewed by a small committee, the Review Committee, which is tasked with reviewing and issuing responses as well as drafting and issuing addenda. a. Receive questions from proponents. b. Review and assign questions to the appropriate Subject Matter Expert (SME: City, legal, financial or technical). c. Coordinate and supervise the response preparation and issuance process including question and response reviews by the Review Committee. d. Chair the Review Committee. e. If addenda to the RFP must be issued, coordinate and manage the addenda preparation and supervise the issuance process, including assignment of addenda drafting to the appropriate SME, review of the addenda by the Review Committee and issuance. ......................................................................................................................................................................................... ............................... PricewaterhouseCoopers LLP/s.r.l./s.e.n.c.r.l. i25o Ren &Uvesque boulevard West, Suite 2800, Montreal (Quebec), Canada HgB 2G4 T: +1 51-4- 2o5-5000, F. +s 514 - 876 -15o2, www.pwc.com /Ca/fr "PricewaterhouseCoopers" refers to PricewaterhouseCoopers LLP, an Ontario limited liability partnership, or, as the context requires, the PricewaterhouseCoopers global network or other member firms of the network, each of which is a separate legal entity. HIM, PWC For greater clarity, PwC will work with staff from the City who will be responsible for receiving and sending communications to the proponents through the Project email address and for the management of all records of communications. 2. Commercially confidential meetings ( "CCM ") a. Receive, review and assign questions and comments sent by each of the proponents ahead of the CCMs. b. Coordinate and lead review calls /meetings to examine questions and comments submitted by proponents and prepare CCMs. c. Act as the City's representative and chair technical, financial /legal CCMs. This role is similar to the counterparty role of the proponent's bid director who will attend all meetings and rely on experts for specific responses, as required. 3. Evaluation During the evaluation process, the evaluation teams will need to issue clarification questions to the proponents. As with the RFQ, there is typically a small committee, similar in nature and composition to the RFP open period Review Committee, who is responsible for reviewing and issuing questions to proponents and for reviewing responses from proponents. PwC's role at this stage of the process would include the following: a. Provide advice on the composition and the processes used by the clarification review committee b. Chair the committee responsible for reviewing the clarification questions posed by the evaluation teams. c. Supervise issuance of the clarification questions to proponents. d. Review responses and assign to the appropriate evaluation team. II- Team Johanne Mullen, the engagement partner responsible for the PwC advisory team to the City with respect to the Project will lead this aspect of the engagement and act as the Chair of the committees and CCMs. She will be supported by Paul Mai, Vice - President and also on the Project advisory team and Raphael Bruneau, Senior Associate. Given Johanne's proposed role during the evaluation process as described above, and the fact that she will have access to the technical proposals and technical clarifications during the evaluation process, Johanne would be unable to participate in the financial evaluations as expected. We therefore propose Richard Deslauriers, partner and leader of the Quebec Infrastructure and Project Finance team as Johanne's replacement on the financial evaluation team. Page 2 405 JkL PWC Richard has led the financial evaluations of numerous PPP projects including the following: • Highway 25 for the Ministere des transports du Quebec • the Adresse Symphonique for Infrastructure Quebec • the Lachine and Pointe St- Charles train maintenance centers for the Agence metropolitaine de Montreal • the New Bridge over the St- Laurence for Infrastructure Canada Richard's curriculum vitae is presented in appendix to this letter for your consideration. III -Fees The level of effort for the role and responsibilities described above is a function of the number and complexity of questions posed and issues raised by proponents, of CCMs, and of clarifications during the evaluation process. Assuming there are three series of CCMs with each of the three proponents, that there are no changes to the RFP schedule and that no major issues are raised by any of the proponents, we estimate the level of effort to be equal to one full time equivalent as described below for the 34 week period between February 9, 2015 and October 2, 2015, or the estimated date of preferred proponent selection. A contingency of io% has been added in order to allow the City to obtain approval for a budget which incorporates a provision for unknowns which could increase the level of effort required. Johanne Mullen $400 50% $200 Paul Mai $300 25% $75 Raphael Bruneau $200 25% $50 Weighted average hourly rate $325 Number of hours (34 weeks x 40 1,360 hours /week) Estimated fees $442,000 Contingency (10 % or $44,200 approximately 135 hours) Total estimated fees $486,200 3of4 U1. JL PWC We thank you for the opportunity to serve the City in this capacity and remain available to answer any comments or questions you may have. Best Regards, Johanne Mullen Principal Johanne.mullen@ca.pwc.com T: +1 514- 205 -5o8o cc Kevin Fudge — City of Saint -John Melanie Tompkins — City of Saint -John Page 4 407 REPORT TO COMMON COUNCIL M & C — 2015 -31 February 16, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: w SUBJECT: Safe, Clean Drinking Water Project— Site Access Agreement BACKGROUND At its meeting held November 3, 2014, Common Council resolved to invite the three shortlisted proponents to participate in the Request for Proposals process for the City's Safe, Clean Drinking Water Project. The Request for Proposals (RFP) for the project was released to the three shortlisted Proponents on January 8, 2015. Pursuant to the RFP, the City allows the shortlisted Proponents access to the Lands which form part of the Project to examine conditions and carry out investigations and/or inspections they deem necessary to prepare their proposal. ANALYSIS Access to the Lands which form part of the Project is granted to the proponents provided they execute a Site Access Agreement, in the form as attached to this report, which Agreement sets out the conditions upon which access may take place. This Site Access Agreement was drafted by the City's Legal Advisors and is attached to and forms part of the RFP. The Safe Clean Drinking Water team has received requests by Proponents to access the Lands. The purpose of this report is to seek authority for the City to enter into, and for the Mayor and Common Clerk to execute, the Site Access Agreement with each of the Proponents. HI: M & C - 2015 -31 Page 2 RECOMMENDATIONS: It is recommended that: 1. The City enter into a Site Access Agreement with each of the three shortlisted Proponents or one of their Prime Team Members; and 2. That the Mayor and Common Clerk be authorized to execute the Site Access Agreement with each of the three shortlisted Proponents. Respectfully submitted, �vl� Wm. Edwards, P.Eng. Commissioner of Saint John Water WmE /pmc Attachments (1) ,1. J. Patrick Woods, CGA City Manager THE CITY OF SAINT JOHN - and - [PROPONENT] SAINT JOHN SAFE CLEAN DRINKING WATER PROJECT SITE ACCESS AGREEMENT DATED AS OF •, 2015 m 37460 -2001 18646057.2 410 THIS AGREEMENT dated as of the • day of •, 2015. BETWEEN: THE CITY OF SAINT JOHN (the "City "), —and— entity] (the "Proponent "), OF THE FIRST PART , a [describe Proponent OF THE SECOND PART WHEREAS on July 22, 2014, the City issued a Request for Qualifications (the "RFQ ") with respect to the (i) design, construction, financing, operation, maintenance and rehabilitation of a water treatment plant and storage reservoirs in Saint John, New Brunswick, and (ii) design, construction and financing of water transmission system improvements in Saint John, New Brunswick (the "Project "); AND WHEREAS following evaluation of the Proponent's submission to the RFQ, the Proponent has been selected as one of three parties invited to submit proposals in response to the Request for Proposals issued by the City on January •, 2015 (the "RFP "); AND WHEREAS the Proponent has requested access to the Lands (as defined herein) for the purpose of conducting tests, (including but not limited to, pilot testing) procedures (including, but not limited to, obtaining water samples), studies and/or investigations with respect thereto (collectively, "Inspections ") as part of the due diligence process it is undertaking for the purpose of evaluating and analyzing the Project; AND WHEREAS the City has offered to make the Lands available to the Proponent for such purpose for a limited duration and upon the terms and conditions herein contained; NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the covenants and agreements herein contained, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto,) the parties hereto, intending to be legally bound, covenant and agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions In this Agreement, the following expressions have the following meanings (and, where applicable, their plurals have corresponding meanings: 37460-2001 1864605 7.2 411 "Applicable Law" means: (a) any statute or proclamation or any delegated or subordinate legislation including regulations and by -laws; (b) any Authority Requirement; and (c) any judgment of a relevant court of law, board, arbitrator or administrative agency which is a binding precedent in the Province of New Brunswick, in each case, in force in the Province of New Brunswick, or otherwise binding on the City, any City Party, the Proponent or any Proponent Party; "Authority Requirements" means any order, direction, directive, request for information, policy, administrative interpretation, guideline, code or rule of or by any Governmental Authority; "City" has the meaning indicated in the preamble; "City Party" means, excluding the Proponent and any Proponent Party: (a) any of the City's agents, contractors and subcontractors of any tier and any other person authorized by the City to access the Lands, including, for greater certainty, its directors, officers and employees; and (b) those for whom the City is legally responsible. and "City Parties" shall be construed accordingly; "Good Industry Practice" means using standards, practices, methods and procedures to a good commercial standard, conforming to Applicable Law and exercising that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a qualified, skilled and experienced person engaged in a similar type of undertaking in Canada under the same or similar circumstances; "Governmental Authority" means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi - governmental authority, court, government or self - regulatory organization, commission, board, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, having legal jurisdiction in any way over the City, any aspect of the performance of this Agreement or the Project, in each case, to the extent it has or performs legislative, judicial, regulatory, administrative or other functions within its jurisdiction and, for greater certainty, does not include any aboriginal bands, councils or self - governing entities; "Inspections" has the meaning indicated in the recitals; "Lands" has the meaning indicated in the RFP; 37460 -2001 18646057.2 412 2 "Project" has the meaning indicated in the recitals; "Project Manager" has the meaning indicated in Section 4.1; "Proponent" has the meaning indicated in the preamble; "Proponent Party" means: (a) any person (including any supplier or consultant) engaged by the Proponent from time to time as may be permitted by this Agreement to carry out any of the Inspections; (b) any of the Proponent's agents, contractors or subcontractors of any tier, employees, officers and directors; and (c) those for whom the Proponent is legally responsible, and "Proponent Parties" shall be construed accordingly; "Required Insurance Coverage" has the meaning indicated in Section 4.4; "RFP" has the meaning indicated in the recitals; and "RFQ" has the meaning indicated in the recitals. ARTICLE 2 ACCESS TO LANDS 2.1 Permission Subject to the provisions of this Agreement, the City hereby grants to the Proponent permission to enter upon the Lands, during normal working hours, for the purposes of carrying out such Inspections thereon as the Proponent deems necessary or desirable in order to properly analyze and evaluate the Project, and for no other purpose whatsoever. The Proponent shall be and is hereby designated as an agent, for and on behalf of the City, during such times, and restricted only to those times, when it enters onto portions of the Lands owned or otherwise under the possession or control of persons other than the City (and on lands over which the Proponent must travel to gain access to the same) for purposes of conducting Inspections strictly in accordance with the terms and conditions of this Agreement. Notwithstanding the foregoing, but for certainty, the foregoing shall not confer upon the Proponent or any person participating in the Proponent or any Proponent Party any rights or powers other than as expressly set out herein and such permission shall be revoked in accordance with Section 3.1 hereof. The Proponent acknowledges that the City does not own all of the Lands and that all rights of access to and use of the Lands granted to the Proponent pursuant to this Agreement are limited by the terms of the City's access and use rights in respect of such Lands. The Proponent shall comply with any terms of the City's access and use rights in respect of such Lands, including compliance with any 37460 -2001 18646057.2 413 3 positive obligations imposed upon the City by any utility company, gas company or any other third party. 2.2 Rights Not Exclusive This Agreement is non - exclusive. The City may, without the consent of the Proponent, use or enjoy the Lands for its own benefit, grant other licences or authorizations with respect to the Lands (or any part thereof) and/or enter into other agreements relating to the use thereof. The Proponent acknowledges that certain portions of the Lands are currently open for use by the public and that the City and the public have the first and prior right to make use of same. 2.3 No Other Rights The City is not conveying any real property interest in the Lands and the Proponent shall have no other rights or interest in the Lands other than those expressly granted to it under this Agreement. ARTICLE 3 TERM 3.1 Term The permission granted hereby shall continue until the earlier of the date that the Proponent ceases to be involved in the RFP process (whether through withdrawal, disqualification or otherwise) or the date that the Proponent submits its financial submission in accordance with the RFP, subject always to the City's rights of termination as set out herein. ARTICLE 4 PRE- INSPECTION PROCEDURE AND CONDITIONS 4.1 City Approval At least 10 Business Days prior to the date upon which it intends to commence its Inspections, the Proponent shall furnish to the City, for approval, a proposed plan of all Inspections it intends to carry out, which plan shall contain (at a minimum): (a) a schedule of the dates and times upon which it wishes to undertake such Inspections; (b) a detailed explanation of the Inspections it plans to undertake and the location thereof; and (c) in the case of a section of the Lands open for use as a public roadway, a traffic control plan detailing the general layout of the Inspections, the traffic control devices to be used during the course thereof and the anticipated impact on traffic 37460 -2001 18646057.2 414 4 (including without limitation, encroachment into travelled lane, length of lane closure, diversions). The Proponent shall notify the City at least 5 Business Days prior to the date upon which it intends to access the Lands for any reason other than to conduct Inspections. The Proponent shall not commence any Inspections until its proposed plan has been approved (with or without conditions) in writing by the City. The approval (with or without conditions) or rejection of the plan by the City shall be in the form of a letter signed by the Project Manager, Mr. Dean Price, P. Eng. (the "Project Manager "), or such other person as designated by the City. If the plan is not approved, the letter shall so state and shall specify any changes that the City requires to be made thereto. Such approved plan (as the same may be modified by conditions imposed by the City) shall be binding upon the Proponent unless modified in writing by the parties. 4.2 Approval Not Waiver Review and approval of the Proponent's plan of Inspections by the City, or the imposition of any conditions by the City, shall not relieve the Proponent of any of its obligations under this Agreement or under the RFP. 4.3 Deposit Without limiting any other conditions which may be imposed by the City under Section 4. 1, the City may, as a condition of approval of the plan submitted by the Proponent under Section 4.1, require the Proponent to deliver a deposit, in the form of a letter of credit or certified cheque, as security for the performance by the Proponent of its obligations hereunder. If any such deposit is required, it shall be returned following the performance by the Proponent of all of its obligations hereunder. 4.4 Required Insurance Coverage In addition to the requirements of Section 4. 1, the Proponent or a Prime Team Member of the Proponent, at all times during the currency of the Inspection period under this Agreement and any extensions or prolongations thereof, shall purchase and maintain and cause each of its contractors, consultants and any other persons involved in Inspections to purchase and maintain, all at their own cost and expense, the insurance set forth in Schedule 1 to protect the Proponent, the Proponent Parties, the City and all the City Parties. At least three Business Days prior to carrying out any Inspections pursuant to this Agreement, the Proponent shall deliver an insurance certificate or certificates, in form and content acceptable to the City, and in sufficient detail to clearly confirm that it has obtained the insurance coverages set forth in Schedule 1 (the "Required Insurance Coverage "). Promptly upon request from the City, the Proponent shall deliver comparable evidence, in form and content acceptable to the City, that any one or all of the persons participating with the Proponent in Inspections under this Agreement, not insured under the Proponent's insurance policies, has obtained the insurance coverages set forth in Schedule 1. 5 37460 -2001 18646057.2 415 4.5 City Representatives The City shall have the right to have their representatives supervise and/or observe any Inspections to be carried out by the Proponent. The presence of any such representative during any of the Inspections shall not relieve the Proponent from any of its obligations under this Agreement. ARTICLE 5 OBLIGATIONS OF THE PROPONENT DURING INSPECTIONS 5.1 Positive Obligations The Proponent shall: (a) after receiving the approval of the City in accordance with Section 4. 1, and prior to commencing any Inspections, coordinate the performance of all Inspections with the City's Design -Build Manager responsible for the portion of the Lands on which such Inspections will be carried out; (b) carry out all Inspections in accordance with the plans approved by the City pursuant to this Agreement and in strict compliance with all Applicable Law; (c) obtain and maintain in effect all Federal, Provincial, municipal and local permits, approvals and /or licences required for the Inspections; (d) obtain and maintain in effect all Required Insurance Coverage; (e) carry out all Inspections in accordance with Good Industry Practice; (f) in the case of any section of the Lands open for use as a public roadway, carry out all Inspections in accordance with the City of Saint John Work Zone Safety Manual prepared by the City, a copy of which can be obtained from the City; (g) in the event any construction or maintenance work is being carried out on the Lands, coordinate with the persons carrying out such construction or maintenance work and carry out all Inspections in such a way as to not interfere with such construction or maintenance work; (h) as soon as practicable after finishing its Inspections, restore the Lands to the condition in which it existed prior to the entry of the Proponent thereon; (i) direct all queries regarding the physical condition, maintenance, operation or repair of, or other matters pertaining to, the Lands to the Project Manager in the manner prescribed under the RFP; and (j) carry out all excavations in accordance with By -Law Number M -18: A By -Law respecting excavation of streets in the City of Saint John and in strict compliance with all Applicable Law. 37460 -2001 18646057.2 416 G 5.2 Negative Obligations The Proponent shall not: (a) without approval of the City, construct or permit the construction of any buildings or structures, for either temporary or permanent use, or the accumulation of debris on the Lands; or (b) carry out any Inspections other than those approved by the City pursuant to Section 4.1 hereof. ARTICLE 6 REPRESENTATIONS AND WARRANTIES OF THE PROPONENT 6.1 Representations and Warranties The Proponent represents and warrants to the City that: (a) it has full power and authority to enter into this Agreement and to perform each and every covenant and agreement herein contained; (b) this Agreement has been authorized, executed and delivered by the Proponent and constitutes a valid, binding and legally enforceable obligation of the Proponent; and (c) the execution and delivery of this Agreement and the performance of the covenants and agreements herein contained are not limited or restricted by, and are not in conflict with, any contract, agreement or other instrument to which the Proponent is bound. ARTICLE 7 DEFAULT 7.1 Events of Default and Termination An event of default shall occur under this Agreement if the Proponent breaches or fails to perform or comply with any covenant, obligation or agreement of the Proponent hereunder or if any representation or warranty of the Proponent shall prove to be inaccurate. If an event of default occurs, the City may, at its option, pursue any one or more of the following remedies: (a) perform the obligation of the Proponent (including the payment of any monies due or owing by the Proponent) and, in such event, the Proponent shall on demand repay all amounts so expended by the City, including expenses in complying with such obligation together with interest thereon at an annual rate of eight percent (8 %) from the date that any such amounts were owed by the Proponent until the date when paid; 37460-2001 1864605 7.2 417 7 (b) terminate this Agreement and/or disqualify the Proponent from the RFP process after a period of five days following a notice to this effect, unless the Proponent, before the expiry of the said five -day period, either remedies the default or commences and thereafter diligently proceeds to remedy the default which has given rise to the City's right to terminate this Agreement. In the event the default is not cured to the complete satisfaction of the City within 20 days after the expiry of the said five -day period, then the City may terminate this Agreement and/or disqualify the Proponent from the RFP process without further notice; and /or (c) retain the deposit (if any) delivered by the Proponent hereunder. ARTICLE 8 WAIVER AND INDEMNIFICATION 8.1 Waiver The Proponent covenants that it will not make any claim or demand against the City or any City Parties for any injury, including injury resulting in death, loss of or damage to property suffered or sustained by the Proponent or any Proponent Party, or by any other person or corporation, which is based upon, arises out of or is connected directly or indirectly with this Agreement or anything done hereunder, or anything not done as required hereunder, and hereby waives as against the City and all City Parties, all such claims and demands. 8.2 Indemnification The Proponent covenants to indemnify, save harmless and defend the City and all City Parties from and against any and all loss, cost, expense, damage, award, liability, claim, suit, action, proceeding or judgment of any nature or kind whatsoever and howsoever caused resulting from or relating to: (a) this Agreement; (b) any breach, violation or non - performance by the Proponent or any Proponent Party of any covenant, obligation or agreement of the Proponent contained in this Agreement; (c) any inaccuracy in or breach of any representation or warranty of the Proponent contained in this Agreement; (d) any damage to property, either real or personal, owned by the City or others (including without limitation, any member of the public) howsoever occasioned as a result of the exercise by the Proponent, a Proponent Party or by any person participating in the Proponent, of its rights hereunder; (e) any personal or bodily injury to or death of any person (including, without limitation, any member of the public), howsoever occasioned by or as a result of the exercise by the Proponent, a Proponent Party or by any person participating in the Proponent, of its rights hereunder; and 37460 -2001 18646057.2 HU (f) all costs, expenses and legal fees (on a solicitor and his own client basis) that may be incurred or paid in enforcing this Agreement and/or that may be incurred in connection with any action, suit or proceeding with respect to a matter for which the Proponent is obligated to provide indemnification pursuant to this Section 8.2, except to the extent caused, or contributed to, by the gross negligence or wilful misconduct of the City or any City Party. 8.3 Insurance Does Not Limit For certainty, the Proponent acknowledges that the Required Insurance Coverage will in no manner restrict or limit the liabilities of the Proponent hereunder, or of any person participating in the Proponent, and confirms that neither the City, nor any City Party shall be required to exhaust any recourse it may have against any other person or any securities or insurance before being entitled to claim indemnification from the Proponent as provided for herein. ARTICLE 9 NOTICE 9.1 Notice Any demand, notice or other communication to be given to a party in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered mail, return receipt requested, or by facsimile addressed to the recipient as set forth as follows or to such other address or facsimile number as may be designated by notice given by the party to the others in the manner prescribed herein: the City: The City of Saint John P.O. Box 1971 Saint John, N.B. E21, 4L1 Attention: ■ ■ Fax: ■ Email: ■ If to the Proponent, to the contact person for the Proponent identified for the RFP process at the address and /or facsimile number provided. Any demand, notice or other communication given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof; if given by registered mail, return receipt requested, on the date of receipt thereof; and if given by facsimile, on the day of transmittal thereof if given during the normal business hours of the recipient on a 37460 -2001 18646057.2 419 7 Business Day and on the next Business Day if not given during such normal business hours. If the party giving any demand, notice or other communication knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such demand, notice or other communication shall not be mailed but shall be given by personal delivery or by facsimile. For the purposes of this Agreement, a "Business Day" means any day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick. ARTICLE 10 GENERAL 10.1 Multi -Party Proponent In the event that the Proponent hereunder consists of more than one party, such parties shall be jointly and severally liable for the obligations of the Proponent hereunder. 10.2 Agency Save as expressly set out in Section 2.1, nothing herein contained shall be construed to authorize a party to act as the agent of the other party, or to permit any party to act on behalf of or bind any other party. 10.3 Headints The headings used in this Agreement are for convenience only and shall not be considered in construing the terms hereof. 10.4 Provisions Severable If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 10.5 Remedies Cumulative Pursuit by a party of any of the remedies provided for in this Agreement shall not preclude pursuit by it of any other remedies provided by law or in equity, nor shall such pursuit constitute a forfeiture or waiver of any amount due to it or of any damages accruing by reason of the violation of any terms, provisions and covenants contained in this Agreement. 10.6 No Waiver No waiver by any party of the performance of any provision, condition or requirement herein shall be deemed to be a waiver of, or shall in any manner release the other parties from, performance of any other provision, condition or requirement herein; nor shall it be deemed to be a waiver of, or in any manner, release the other parties from future performance of the same provision, condition or requirement; nor shall any delay or omission by any party to exercise any 37460 -2001 18646057.2 420 10 right hereunder in any manner impair the exercise of any such right or any like right accruing to it thereafter. 10.7 Entire Agreement This Agreement constitutes the entire agreement among the parties and there are not and there shall not be any verbal statements, representations, warranties, undertakings or agreements between the parties purporting to vary its terms, and this Agreement may not be amended or modified in any respect, except by written instrument signed by the parties hereto. Any action, claim or proceeding made or brought pursuant to this Agreement or arising out of the subject matter of this Agreement shall be based on this Agreement and subject to all of its provisions whether such action, claim or proceeding is based on tort, contract or otherwise. 10.8 Assignment Neither this Agreement, nor any of the rights granted hereunder, may be assigned, transferred or sublet by the Proponent without the prior written consent of the City, which may be withheld in its sole and absolute discretion. The City shall have the power to assign, transfer or sublet this Agreement without the consent of the Proponent. 10.9 Binding Effect This Agreement including, without limitation, all indemnification provisions shall be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns. 10.10 Governing Law This Agreement shall be construed under and governed by the laws of the Province of New Brunswick and of Canada as applicable. The parties attorn to the jurisdiction of the Court of Queens Bench of the Province of New Brunswick and agree that any action or proceeding brought by any party to enforce this Agreement may be commenced in such court. 10.11 Survival The covenants, representations, warranties and agreements of the parties contained in this Agreement and any schedule, exhibit or other writing delivered pursuant to or in connection with this Agreement shall survive the termination hereof (whether through expiration of time or otherwise) and all obligations under this Agreement (including without limitation, the indemnification obligations of the Proponent set forth in Section 8.2) shall survive the termination of this Agreement and shall be unlimited as to time. 37460 -2001 18646057.2 [SIGNATURE PAGE FOLLOWS] 421 11 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. 37460 -2001 18646057.2 THE CITY OF SAINT JOHN Name: Title: [NAME OF PROPONENT] By: Name: Title: By: Name: Title: 422 12 SCHEDULEI INSURANCE [Note to Proponents: Applicable aspects of the required insurance coverage under the Project Agreement will apply to this Site Access Agreement.] 37460 -2001 18646057.2 423 13 COMMUNITIES Changes to Municipal Grants Program. Date: February 7, 2015 Mayor Norton and Members of Saint John Common Council: In 2008 the City of Saint John became a leader in establishing a fund for neighbourhood organizations. It is a fund that has had a multiplier impact with reduced crime rates, more cohesive and involved neighbourhoods, improved housing investments and leveraging of support from many other partners - other levels of government, private donors, businesses and foundations. In 2008 the number of calls received by police from Crescent Valley was 2045 by 2013 that rate had reduced to 710. This commitment was celebrated by Vibrant Communities Saint John and its many partners as a significant contribution to improving the quality of life for residents in Saint John. The City has received national recognition because of our work together. Many councillors and City staff including police, leisure services, and planning, are directly involved in the work in neighbourhoods. Plan SJ has recognized neighbourhood development as one of its priorities and its success will be directly impacted by the level of engagement and health of our neighbourhoods. With a 28% child poverty rate, Saint John has significant challenges related to levels of poverty among our families. The City, both Council and staff, is an important partner in Living SJ and one of the four priorities is to transform low income neighbourhoods into vibrant mixed income neighbourhoods. Investing in the work of neighbourhood organizations has a proven local multiplier effect — impacting other city services including police, fire, recreation and transportation. Supporting the work of Neighbourhoods is a sound investment.. Non - profits are often overlooked in economic development strategy, but as a sector employ more Canadians than any other. The funds support the many activities led by these resident leaders in our community, from food security to community gardens, from neighbourhood beautification and clean -ups, to recreation and leisure activities for families. There is music in the park, drop -in programs, Around the Block Community Newspaper and the recent addition of Around the Block Community Divas on 107.3 FM. The funds through the City support the employment of local residents, and we purchase our supplies locally. Your financial support is leveraged to increase the impact within neighbourhoods; our projects require additional monies that are typically sourced from other partners. Just like you, other levels of government, private donors and foundations all contribute a share to our work. The Neighbourhoods don't just do great work; they're also a great investment. The reduced funding to neighbourhood and other community organizations will have a direct impact on the strength, successes and partnerships within the neighbourhoods. Last year the City invested one -half of one - percent of the total municipal budget in community development initiatives. This year, under the new Municipal grants program you'll spend one -tenth of one - percent of your combined resources on social development organizations including neighbourhoods. 424 'Pit COMMVNIT IES As you are well aware neighbourhood and other non - profit organizations operate with incredibly limited financial resources, which they use to leverage other resources both human and financial. Their work is not only imperative to our quality of life but a significant investment. On behalf of our neighbourhood partners, we ask that Council continue to fund the neighbourhood work within the Community Project Grants at the level of $150,000 as it has since the introduction of this essential funding for neighbourhood work. Sincerely, �c't� Elaine Daley Chair, Vibrant Communities Saint John nos year, the City will spend one -tenth of one - percent of your combined resources on poverty reduction, in a city where 28% of children live in ooverty in our low - income neighbourhoods. 2 425 February 16, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Jupia Consultants Inc. - Strategic Review of Economic Development Agencies in Saint John The Committee of the Whole, having met on February 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on February 16, 2015, Common Council approve the submitted proposal from Jupia Consultants Inc. entitled "Strategic Review of Economic Development Agencies in Saint John "." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 426 Project: Strategic review of economic development agencies in Saint John Date: January 23, 2015 Submitted to: City of Saint John Submitted by: Jupia Consultants Inc. Project Overview: The City of Saint John invests approximately $2 million per year in four different organizations that support economic development in the city: Enterprise Saint John, Saint John Industrial Parks, Saint John Waterfront Development Corp. and Discover Saint John. Some stakeholders in the local community believe there would be advantages to amalgamating the four organizations or embarking on some other model to ensure the city receives the best return on its investment into economic development. Jupia Consultants Inc. is proposing to conduct a stakeholder interview -based strategic review of the four agencies and make recommendations to Mayor and Council as to how to move forward. All options are on the table. Objectives of the project: • Review the mandates of each organization. • Review the operations of each organization as well as interactions with other stakeholders and alignment with True Growth 2.0. • Review the organizations' budgets to assess share going to management and administration. • Assess stakeholder views on changing the structure and approach — generate ideas on ways to improve economic development outcomes. • Review several similarly sized cities. • Based on the findings, make recommendations to Council on how to improve the system including potential risks associated with any changes. Activities: • One initial session with Saint John City Council and senior staff. • In- person interviews with the four organizations (at least one board member and the key manager) • Background research looking into other similarly sized communities (4 -5) . • Presentation of findings to Saint John City Council and senior staff. STRATEGIC REVIEW OF ECONOMIC DEVELOPMENT AGENCIES IN SAINT JOHN Jupia W Deliverables: • A 10 -12 page report highlighting the key findings. • A Powerpoint presentation of the findings (if required). Project Timeline: We are proposing to begin the project February 1" and have a draft report to Council by early March. Proposed Budget: The proposed budget /options for this project is summarized by element below. Background research and interviews (including travel time) Writing /editing of the report Presentation to Council Sub -total (before HST) *all expenses included in the daily rate. Project lead /Contact: Days: Rate:* Totals: 4.0 $800.00 $3,200.00 2.0 $800.00 $1,600.00 Included $4,800.00 David Campbell will complete this project. David is the President of Jupia Consultants Inc., an economic development consulting firm based in Moncton, New Brunswick. He works on economic development - related strategy and tactics with local, provincial and national economic development agencies, industry associations and government departments. He also consults with private sector clients in industries such as: energy, telecommunications, financial services, insurance, health care and forestry. He is a Research Fellow with the Canadian Institute for Research on Public Policy and Public Administration (CIRPPPA) at the Universite de Moncton. David also authors an online blog entitled It's the Economy, Stupid as well as a twice weekly column in the New Brunswick Telegraph - Journal. He writes for several other publications including the Globe & Mail's Economy Lab. He can be reached at david@iupia.ca. View more about the company at: www.'u ia.ca. .F TuDia A 12 428 STRATEGIC REVIEW OF ECONOMIC DEVELOPMENT AGENCIES IN SAINT JOHN February 16, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Pilot Project - Unapproved and Non - Compliant Parking Lots in Uptown and South East Peninsula Area The Committee of the Whole, having met on February 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on February 16, 2015, Common Council direct staff of Growth and Community Development Services to implement a pilot project to address unapproved and non - compliant parking lots in the Uptown and South end areas over the next 2 -3 months." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 429 February 16, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Elliott Row (Portion of) Consideration to Stop -Up and Close and to Initiate Rezoning Application The Committee of the Whole, having met on February 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole, having met on February 16, 2015, Common Council approve the following: 1. The Public Hearing for the consideration of the passing of a By -Law to Stop Up and Close a 1,702 square metre portion of Elliott Row be set for Monday, March 30, 2015 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such a By -law; 3. It being understood that the City is neither explicitly nor implicitly obligated to enact any by- law to stop -up and close any public street, the City of Saint John consents to J.D. Irving, Limited, an affiliated company or its agent at its sole cost, risk and expense, to commencing a rezoning application for their purposes, and further, directs Real Estate Services to negotiate the terms and conditions of the sale of the lands contemplated in the street closure with J.D. Irving, Limited and to present to Common Council for its consideration a proposed Agreement of Purchase and Sale. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 430