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2015-10-13_Agenda Packet--Dossier de l'ordre du jourr City of Saint John Common Council Meeting AGENDA Tuesday, October 13, 2015 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait 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 September 28, 2015 2 - 8 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Construction Agreement with Village View No. 2 Limited Partnership to Conduct 9-23 Work within Municipal Street Right -of -Way (Recommendation in Report) 5.2 Merchant Agreement - Chase Paymentech Solutions (Recommendation in 24-29 Report) 5.3 2015 Service Contract between Accu -Link and The City of Saint John 30-37 (Recommendation in Report) 5.4 Cherry Brook Zoo Inc. - Budget Submission 2016 (Recommendation: Refer to 38-77 2016 Budget) 5.5 Commonwealth Freedom of Movement Organization - Request to Present 78-81 (Recommendation: Receive for Information) 5.6 Canadian Doctors for Medicare - Universal Public Coverage of Prescription 82-83 Medications (Pharmacare) (Recommendation: Receive for Information) 1 Powered By; X&IBE. 8 9 10 11 12 13 14 15 16 5.7 L.W.F. Cuppens Letter - Following Up on Street Naming (Recommendation: 84-84 Refer to City Manager) 5.8 Jervis Bay Memorial Branch No. 53 - Invitation to Memorial and Request for 85-85 Donation (Recommendation: Receive for Information) 5.9 Influenza Vaccines to Employees (Recommendation in Report) 86-104 Members Comments Proclamation 7.1 National Teen Driver Safety Week - 3rd Full Week in October 105-105 7.2 International Day for the Eradication of Poverty - October 17, 2015 106-107 Delegations / Presentations Public Hearings - 6:30 p.m. Consideration of By-laws Submissions by Council Members 11.1 Grannan Lane (Councillor McAlary) 108-108 11.1.1 Commercial Properties - Appropriate Maintenance of Grannan Street 109-110 Business Matters - Municipal Officers 12.1 NEB Working Group Update — Preparation of Information Requests 111 -116 (IRS) for the Energy East Project 12.2 Shannex Development Ltd. Storm Water Detention Pond 117 - 118 12.3 2016 Service Based Budget Process 119-120 12.4 Parking Lot Compliance Program Update 121 -123 Committee Reports 13.1 Saint John Shared Risk Pension Plan Board - Annual General Meeting Invite 124-124 13.2 Finance Committee - Saint John Trade and Convention Centre - Appointment 125-125 of Auditors for 2015-2017 Consideration of Issues Separated from Consent Agenda General Correspondence Supplemental Agenda 1 17 I 16.1 Contract No. 2015-24 - North Market Wharf Watermain Reconfiguration 126-127 16.2 Shamrock Ballfield Fence Replacement 128-129 16.3 Winter On -Street Parking Regulations Update 130-133 Committee of the Whole 17.1 Reversing Falls Lease Agreement 134-149 17.1.1 Lease Amendment 450 Falls View Drive — PID 55217657 150-154 17.2 Appointment of Commissioner of Finance and Administrative Services and 155-155 Treasurer Adjournment 3 City of Saint John Common Council Meeting Tuesday, October 13, 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: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 CN Presentation: Re -installation of CN Track on CN Line known as Courtenay Bay Spur 1.3 Financial Matter 10.2(4)(c) 1.4 Cities of New Brunswick (Councillor McAlary) 1.5 Painting Rothesay Ave. CN Bridge (Mayor Norton) 1.6 Financial Matter 10.2(4)(c) 1.7 Saint John Shared Risk Pension Plan Board — Annual General Meeting Invitation 1.8 Financial Matter 10.2(4)(c) 1.9 Personnel Matter 10.2(4)0) The City of Saint John Seance du conseil communal Le mardi 13 octobre 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 totalitb ou en partie, peut faire ('objet d'une discussion en privb en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le conseil/comite prendra une ou des decisions b cet egard au cours de la seance publique : 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du procbs-verbal — paragraphe 10.2(4) 1.2 Prbsentation du CN sur la reinstallation de rails du CN a 1'embranchement Courtenay Bay. 1.3 Question financiere — alinea 10.2(4)c) 1.4 Association des cites du Nouveau -Brunswick (conseillere McAlary) 1.5 Peinture du pont ferroviaire du CN — Avenue Rothesay (maire Norton) 1.6 Question financiere — alinea 10.2(4)c) 1.7 Conseil d'administration de la Commission du regime de retraite a risque partage de The City of Saint John — Invitation a I'assemblee gbnbrale annuelle 1.8 Question financiere — alinea 10.2(4)c) 1.9 Question relative au personnel — alinea 10.2(4)j) 1.10 Question financibre — alinea 10.2(4)c) 1.11 Mise a jour sur I'arr6t du sifflement des trains (conversation verbale) 1.12 Mise b jour sur le groupe de travail de 1'01\1E (conversation verbale) Seance ordinaire a 18 h 1. Ouverture de la reunion, suivie de la priere 2. Approbation du proces-verbal 2.1 Proces-verbal du 28 septembre 2015 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Approbation du Bureau 5.1 Contrat de construction d'accord avec Village View no 2 Limited Partnership pour mener les travaux dans 1'emprise de la rue municipale (recommandation figurant au rapport) 5.2 Entente avec les commergants — Chase Paymentech Solutions (recommandation figurant au rapport) 5.3 Contrat de services en 2015 conclu entre Accu -Link et The City of Saint John (recommandation figurant au rapport) 5.4 Cherry Brook Zoo Inc. — Soumission du budget de 2016 (recommandation renvoyer au budget de 2016) 5.5 The Commonwealth Freedom of Movement Organization — Demande visant a se presenter devant le conseil (recommandation : accepter a titre informatif) 5.6 Medecins canadiens pour le regime public — Couverture publique universelle pour les medicaments sur ordonnance (regime d'assurance-medicaments) (recommandation : accepter a titre informatif) 5.7 Lettre de L.W.F. Cuppens — Suivi sur I'attribution de nom de rue (recommandation : transmettre au directeur general) 5.8 Jervis Bay, filiale no 53 — Invitation a la ceremonie commemorative et demande de dons (recommandation : accepter a titre informatif) 5.9 Administration du vaccin antigrippal aux employes (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine nationale de la securite des adolescents au volant — 3e semaine complete du mois d'octobre 7.2 Journee internationale pour I'elimination de la pauvrete — Le 17 octobre 2015 8. Delegations et presentations 9. Audiences publiques a 18 h 30 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Rue Grannan (conseillere McAlary) 11.1.1 Commercial Properties Ltd — Travaux d'entretien adequats de la rue Grannan 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour sur le groupe de travail de 1'01\1E — Preparation de demandes de renseignements pour le projet Energie Est 12.2 Shannex Development Ltd. — Bassin de retenue des eaux pluviales 12.3 Processus budgetaire en fonction des services de 2016 12.4 Mise a jour sur le programme lance pour assurer le respect des normes lilies au stationnement 13. Rapports deposes par les comites 13.1 Conseil d'administration de la Commission du regime de retraite a risque partage de The City of Saint John — Invitation a I'assemblee generale annuelle 13.2 Comite des finances — Saint John Trade and Convention Centre — Nomination de verificateurs pour la periode de 2015 a 2017 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 16.1 Contrat n° 2015-24 — Reconfiguration de la conduite d'eau principale au quai North Market 16.2 Remplacement de la cloture du terrain de balle du parc Shamrock 16.3 Mise au point sur le reglement relatif au stationnement sur rue en hiver 17. Comite plenier 17.1 Contrat de location — Chutes reversibles 17. 1.1 Modification du bail visant le 450, promenade Falls View— NID 55217657 17.2 Nomination du commissaire aux services financiers et administratifs/tresorier 18. Levee de la seance 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 28, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Strowbridge Regrets: Councillor Reardon - and - J. Trail, City Manager; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; J. Nugent, City Solicitor; C. Graham, Acting Commissioner of Finance and Comptroller; P. Ouellette, Executive Director; Acting Sergeant K. Atherton, Sgt. -at -Arms; Acting Sergeant T. Simmons. Sgt. -at -Arms; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. Call To Order Mayor Norton called the meeting to order. 2. Approval of Minutes On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on September 14, 2015 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Land Exchange with Province Wellfield Property (rear of Island View School) for City Land Adjacent to Havelock School; 17.2 Proposed Agreement Light Emitting Diode (LED) Municipal Street Lighting Conversion Agreement; and 17.3 Contribution Agreement for Saint John City Market Funding with Atlantic Canada Opportunities Agency. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Deputy Mayor Rinehart withdrew from the meeting. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2015- 196: Proposed Public Hearing Date — 145 Loch Lomond Road, 85 Whitebone Way, 28- 30 Richmond Street/91-101 Prince Edward Street and 55 McDonald Street, 1. Common Council authorize the Saint John Free Public Library to make application for zoning bylaw and Section 39 amendments with respect to the City -owned portion of the property located at 55 McDonald Street, being PID numbers 55189948, 55189955 and 319939; and 2. Schedule the public hearings for the rezoning, by-law amendment and Section 39 amendment applications of Greg Harris (145 Loch Lomond Road), Greenstar Recycling Ltd. (85 Whitebone Way), The Resource Centre for Youth in Greater Saint John (TRC) (28-30 Richmond Street/99-101 Prince Edward Street), and the 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 Saint John Free Public Library (55 McDonald Street) for Monday, November 9, 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- 191: Saint John City Market - Lease of Space - Stall 15, 1) Common Council enter into a Lease with Black Douglas Holdings Ltd. for stall "15" together with the adjacent bench space, cooler space and basement space in the City Market under the terms and conditions as set out in the Lease submitted with M&C 2015-191; and 2) That the Mayor and Common Clerk be authorized to execute the Lease as corrected. 5.3 That as recommended by the City Manager in the submitted report M&C 2015- 198: 2014 Annual Report, Common Council approve the revised 2014 Annual Report, Investment in Our Priorities - Working Together for a Sustainable Saint John. 5.4 That as recommended by the City Manager in the submitted report M&C 2015- 190: Land for Public Purposes Trust Fund Application Kiwanis Playpark for All Children (Rockwood Park), Common Council, under the existing policy, 1. Approve a LPP grant of $20,000 to the Porter Memorial Playground Project; and, 2. Direct city staff to apply $20,000 from the City of Saint John Park Improvement Fund towards this project 5.5 That the submitted report, Saint John Industrial Parks - Update to Council, be received for information. 5.6 Refer to 14.1 On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.6 which has been identified for debate, be adopted. Question being taken, the motion was carried. Deputy Mayor Rinehart re-entered the meeting. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 World Mental Health Day - October 10, 2015 The Mayor proclaimed October 10th, 2015 World Mental Health Day in The City of Saint John. 7.2 World Ostomy Day- October 3, 2015 The Mayor proclaimed October 3rd, 2015 World Ostomy Day in The City of Saint John. 8. Delegations/Presentations 8.1 The NEB Regulatory Process - How It Works, What to Expect A City of Saint John Working Group (NEB Working Group) was established in February 2015 to provide coordination and advice to the City Manager and Council with respect to the Energy East Project and associated NEB regulatory process. The Working Group includes multi -disciplinary leadership as provided by the Commissioner, Growth and Community Development Services; the City's Fire Chief / Director SJEMO; the Commissioner of Strategic Services; the City Solicitor; the CEO of Enterprise Saint John and the City's Manager of Corporate Planning. Additional project and Working Group 3 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 support is being provided by the Communications Department, Common Clerk's Office and City Manager's Office. N. Jacobsen introduced the City's working group and G. Caron, the NEB expert resource hired to facilitate the work of the City's working group. G. Caron described the Energy East evidence based process and the intervener status of the City of Saint John. The NEB, enabled under federal statute, will apply natural justice principles to integrate the social, environmental and economic aspects of the proposed Energy East project to Canada's national interest. Council will need to proactively advise staff of their position on the Energy East project and any conditions they may want to apply to the City's position in the NEB argument. Mr. Caron responded to questions concerning interest based negotiations, the benefit of open minded questions, participant status, the hearing timeline initiated by the NEB Hearing Order to final decision (15 months), the remedial powers of the NEB and the restricted jurisdiction of the NEB (i.e. NEB cannot change national tax laws). On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the report entitled, The NEB Regulatory Process - How It Works, What to Expect, be received for information. Question being taken, the motion was carried. 17.2 Proposed Agreement Light Emitting Diode (LED) Municipal Street Lighting Conversion Agreement On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended in the report entitled, Proposed Agreement Light Emitting Diode (LED) Municipal Street Lighting Conversion Agreement, Common Council approves the following: 1) Authorize the Mayor and Common Clerk to execute an agreement between the City and The Power Commission of the City of Saint John in the form attached to correspondence from Committee of the Whole to Common Council, dated September 28th, 2015; and 2) Direct City staff to work with the staff of the Power Commission of the City of Saint John to revise Schedules A, B, C, D, E of the Agreement to address any inaccuracies, per the Agreement, and that the monthly fee be adjusted accordingly. Question being taken, the motion was carried. 8.2 SJ Energy LED Presentation Marta Kelly, Vice President Finance and Administration at Saint John Energy, provided an overview of the LED municipal street lighting conversion agreement. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the presentation entitled, SJ Energy LED Presentation, be received for information. Question being taken, the motion was carried 8.3 True Growth Economic Update to Council The Mayor, as member of the Regional Oversight Committee, introduced the True Growth economic partners. L. Hachey described the collaborative environment that is evolving the True Growth Model for economic development. 2015 economic themes focused on IT (Big Data) and Energy industries. 11 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 S. Carson, Enterprise Saint John, described the 2015 job creation metrics as positive, stating that start-up companies provided significant job creation in 2015. Responding to questions, Mr. Hachey described True Growth 2.0 as community collaboration and Mr. Carson commented that True Growth 2.0 can be described as a collaborative accelerator. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the report entitled, True Growth Economic Update to Council, be received for information. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. Councillor Farren withdrew from the meeting. 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment — 655-765 Latimore Lake Road On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that the proposed Municipal Plan By - Law Amendment regarding 655-765 Latimore Lake Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on December 7, 2015 at 6:30 pm in the Council Chamber. Question being taken, the motion was carried. Councillor Farren re-entered the meeting. 11. Submissions by Council Members 11.1 Ridesharing Bylaw (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Strowbridge RESOLVED that the issue of ridesharing via apps be referred to the City Manager for review and policy advice respecting licensing and regulation and legal advice regarding authority, jurisdiction and enforcement. Question being taken, the motion was defeated with Councillors Merrithew, Lowe, MacKenzie, McAlary and Fullerton voting nay. (The Mayor withdrew from the meeting, and the Deputy Mayor assumed the chair) 11.2 FCM Update (Councillor McAlary) Councillor McAlary provided an update on the recent FCM Board of Directors meeting, noting that the FCM intends to work with the federal government on the following topics: a) Infrastructure program for municipalities b) Safety on energy projects c) Mental health issues in the community that affect police officers. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the report entitled FCM Update, be received for information. Question being taken, the motion was carried. (The Mayor re-entered the meeting and resumed the chair) 12. Business Matters - Municipal Officers 5 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 12.1 2015 Priority Setting - Progress, Objectives and Next Steps S. Rackley -Roach presented the results of the Council priorities session held on September 81h The City Manager commented on the 2015 budget deficit, stating that the April figures showed an approximate $2.8 million deficit. Based on the August analysis, the deficit may be less than $1 million. Rigorous budget monitoring and mitigation will continue. Staff will attempt to minimize the impacts to services while managing to the budget. Lower than planned borrowing costs and pension reporting have been favourable. Corporate measures to economize, eliminating non-essential travel and training, and other savings are being carried out. The City Manger stated that he is cautiously optimistic of a near balanced 2015 budget. The provincial tax base in 2016 will be impacted by slow growth in building and construction. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M&C 2015-197: 2015 Priority Setting - Progress, Objectives and Next Steps, Common Council: 1. Continue to focus on the areas that Council determined to be on track; 2. Endorse the four priority areas that will guide decision-making during the remainder of Council's term; and 3. Direct the City Manager to implement the actions presented to advance the four priority areas and provide progress updates, as scheduled or appropriate. Question being taken, the motion was carried 12.2 Cedar Point Subdivision Infrastructure Improvements On motion of Councillor McAlary Seconded by Councillor Fullerton RESOLVED that as recommended by the City Manager in the submitted report M&C 2015-192: Cedar Point Subdivision Infrastructure Improvements Response to Council Inquiry, Common Council: 1. Direct staff to investigate the potential of providing widened asphalt surfaces and painted bike/walk lane, traffic calming measures, and standardized street lights in selected areas as part of regular operations; 2. Direct the City Manager to explore the adoption of a Local Improvement Levy mechanism with the Cedar Point neighbourhood for subdivision improvements that exceed the existing minimum RSS zone standards; and, 3. Should it determine that capital expenditures are warranted for retrofitting all or part of the existing developed subdivision, initiate the rezoning of the undeveloped balance of the Cedar Point Anchorage subdivision from Serviced Suburban Residential (RSS) to One -Unit Residential (R1). Question being taken, the motion was carried with Councillor Farren voting nay. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Fundy Soccer Association — Request for Sponsorship On motion of Councillor McAlary Seconded by Councillor MacKenzie X 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 RESOLVED that the Fundy Soccer Association be provided funding for a double ad in the amount of $400.00, the funds being made available from the City Manager's discretionary budget. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Land Exchange with Province Wellfield Property (rear of Island View School for City Land Adjacent to Havelock School On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on September 28th, 2015, Common Council adopt the following: 1. The City of Saint John convey to the Province of New Brunswick, the property identified as PID No. 414318; and that the Province of New Brunswick convey to The City of Saint John a portion of PID No. 411728 and all of 55192876, as shown on the submitted tentative plan of subdivision as being Lot 15-1; and that the aforementioned properties be exchanged on or before October 15, 2015; and 2. That the Mayor and Common Clerk sign any documents required to effect the exchange of these properties. Question being taken, the motion was carried. 17.3 Contribution Agreement for Saint John City Market Funding with Atlantic Canada Opportunities Agency On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on September 28th, 2015, Common Council: 1. Approve the Contribution Agreement with the Atlantic Canada Opportunities Agency (Project No. 206167), as submitted with M&C 2015-199, and authorize its execution by the Mayor and Common Clerk; 2. Commit to allocating $1,330,000.00 toward the Saint John City Market Upgrade Program, within the City of Saint John's capital budget prior to 2018, contingent on the Government of New Brunswick confirming its contribution of $2,030,000; and, 3. Approve amendment of the said Contribution Agreement, once executed, which amendment would: a. extend the requirement for the City's submitting its consolidated financial statements to ACOA from 120 to 180 days; b. extend the end date identified in the said Contribution Agreement from March 31, 2017 to March 31, 2018; and further, authorize the execution of the corresponding amending agreement by the Mayor and Common Clerk. Question being taken, the motion was carried 18. Adjournment On motion of Councillor Farren Seconded by Councillor MacKenzie RESOLVED that the meeting of Common Council held on September 28th, 2015 be adjourned. 7 98 - COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 28, 2015/LE 28 SEPTEMBRE 2015 Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 9:18 p.m. Mayor / maire Common Clerk / greffier communal n. COUNCIL REPORT M&C No. 2015-202 Report Date October 06, 2015 Meeting Date October 13, 2015 Service Area Finance and Administrative Services His Worship Mayor Mel Norton and Members of Common Council SUBJECT. Construction Agreement with Village View No. 2 Limited Partnership to Conduct Work within Municipal Street Right -of -Way OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Cathy Graham I Jeff Trail RECOMMENDATION That the City enter into a Construction Agreement with Village View No. 2 Limited Partnership in the form and upon the terms and conditions set forth in the Construction Agreement attached to M&C 2015-202, and further 2. That the Mayor and Common Clerk be authorized to execute the said Construction Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval for the City to enter into an agreement with Village View No. 2 Limited Partnership, the owner/developer for this project, to allow the proponent to commence/extend street construction of an undeveloped portion of Noel Avenue and Clovelly Drive to the subject property. PREVIOUS RESOLUTION Common Council, at its August 4, 2015 meeting gave Third Reading to a by-law to stop - up and close a 1,011 square metre portion of Clovelly Drive. STRATEGIC ALIGNMENT The proposed Construction Agreement will facilitate economic development involving the construction of a multi -residential building. 9 -2 - REPORT The former portion of Clovelly Drive has since been conveyed to Village View No. 2 Limited Partnership for the purpose of forming part of their site to construct a multi - residential apartment complex. The work as detailed in the attached agreement includes, City infrastructure (water and sanitary sewer), along with surface construction of asphalt, concrete curb and concrete sidewalks. The proponent is responsible for the above noted work and as part of this agreement includes terms and conditions to protect the interests of the City and to include financial obligations to ensure the work is completed within a specified period. The City Solicitor's office has prepared the attached agreement with input from the City's Infrastructure Development division. If Council is in agreement, the following recommendation will facilitate the work specified above to commence construction of undeveloped portions of Noel Avenue and Clovelly Drive. SERVICE AND FINANCIAL OUTCOMES The agreement will facilitate the construction of an extension to City streets that will provide an economic benefit to the economy of the City, through increased tax base and job creation. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Building and Technical Services has indicated the City has issued a Phase 1 Building Permit for an electrical hook-up for a construction trailer, along with construction of the foundation for the multi -unit building. A Phase 2 Building Permit for the "bulk" of the rest of the development has been submitted to the City, pending review and approval from both the Building Plans Examiner and Infrastructure Development. Infrastructure Development is supportive of the attached agreement to provide for the proponent to construct portions of undeveloped streets, being Noel Avenue and Clovelly Drive. ATTACHMENTS Construction Agreement 10 am 11 HIS AGREEMENT made in duplicate as of the r day of i -12015. BY AND BETWEEN: VILLAGE VIEW No. 2 LIMITED PARTNERSHIP, a duly incorporated company under the laws of the Province of New Brunswick, hereinafter called the "DEVELOPER" OF THE FIRST PART — and — THE CITY OF SAINT JOHN, 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 SECOND PART WHEREAS the Developer represents itself to be the owner of certain lands on the east side of Clovelly Drive in the said City, designated by Service New Brunswick as PID No. 55221972 and being shown as Parcel °E° on a plan entitled "Millidgeville Estates Subdivision — Phase 3, City of Saint John, Province of New Brunswick" registered as No. 203 on December 5, 1975, a copy of which is attached hereto and forms a part hereof as Schedule "A -1-A-2" (the "Lands"); and WHEREAS access to the said Lands will be gained by way of an undeveloped public street, being a portion of Noel Avenue, as shown on the Engineering Plans prepared by CBCL Limited and approved by the Chief City Engineer which are attached hereto and form a part hereof as Schedule "13-1-13-4" (the "Plans"); and WHEREAS the Developer wishes to improve the aforesaid undeveloped portion of Noel Avenue to the standard set out in the Plans attached hereto as Schedule "B -1-B-4" which improvement includes: the construction of Noel Avenue (Public Street) from the existing end of Noel Avenue, a distance of approximately 15 metres in an easterly direction to the intersection with Clovelly Drive, as well as the construction of Clovelly Drive (Public Street), approximately 17 metres in a northerly direction and approximately 25 metres in a southerly direction, so as to meet standards set out in the Plans attached hereto as Schedule "13-11-134",which work includes a 200 mm diameter watermain, a fire hydrant relocation, a 200 mm diameter sewermain, services, granular "A" and granular "B" materials, concrete curb, concrete sidewalk, asphalt base course, asphalt surface course, and landscaping; hereinafter collectively called the "Work", all in accordance with the provisions of the General Specifications, City of Saint John, New Brunswick, Municipal Operations & Engineering Department; and WHEREAS the Developer has requested permission from the City to enter upon the aforesaid portion of the public right-of-way for the purpose of performing the improvements referred to in the immediately preceding recital; and 12 -2 - WHEREAS the City is prepared to accede to the Developer's request referred to in the immediately preceding recital; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and the covenants herein contained agree each with the other as follows: 1. That the construction of Noel Avenue (Public Street) from the existing end of Noel Avenue, a distance of approximately 15 metres in an easterly direction to the intersection with Clovelly Drive, as well as the construction of Clovelly Drive (Public Street), approximately 17 metres in a northerly direction and approximately 25 metres in a southerly direction, so as to meet standards set out in the Plans attached hereto as Schedule "B -1-B-4", which work includes a 200 mm diameter watermain, a fire hydrant relocation, a 200 mm diameter sewermain, services, granular "A" and granular "B" materials, concrete curb, concrete sidewalk, asphalt base course, asphalt surface course, and landscaping, shall be effected by the Developer in accordance with the requirements of the General Specifications, City of Saint John, New Brunswick, Municipal Operations & Engineering Department. 2. That the Work represented by the Plans attached hereto as Schedule "B-1-B- 4"shall be executed by the Developer in conformity with the said Plans. 3. That the Work, including the materials used therein, shall meet the standards described in the "General Specifications, City of Saint John, New Brunswick, Municipal Operations & Engineering Department" in effect at the time of the execution of the Work. 4. That the Developer shall deliver to the City, prior to the City's execution of this Agreement, security in the amount of Seventy Five Thousand Dollars ($75,000.00) either by an irrevocable letter of credit, bank draft or certified cheque payable to the City and issued by a chartered Canadian financial institution. Such security shall, subject to the provisions of paragraph 7 hereof, remain in full force and effect until the passage of twelve (12) months following the date of execution of this Agreement, or until the certification by the Chief City Engineer of the satisfactory completion of the Work required hereby. 5. That the City may in its sole discretion use all or any portion of the security described in paragraph 4 hereof, to install, complete, or improve all or any portion of the Work which has not been satisfactorily installed or constructed or to pay the cost of providing insurance coverage described in paragraph 8 hereof should the Developer fail to maintain such coverage during the period available to the Developer pursuant to this Agreement to complete the Work, or until the certification by the Chief City Engineer that it has been satisfactorily completed, whichever occurs first. 6. That the Developer shall be solely responsible for the cost of the Work. 7. (A) The Developer shall complete to the satisfaction of the Chief City Engineer the Work required to be executed pursuant to the provisions of these presents not later than eleven (11) months following the date of execution of this Agreement, subject however, to the provisions of subparagraph (B) hereof; (B) In the event the Developer has not satisfactorily completed the Work within the eleven (11) month period stipulated in subparagraph (A) hereof, the Developer shall subject to clause (i), be allowed additional time to do so provided the total time not exceed twenty-four (24) months from the date of the execution of this Agreement: 13 (i) the Developer shall be allowed twenty-four (24) months from the date hereof to satisfactorily complete the Work if he has first delivered to the City, twenty-one (21) days prior to the expiry of the security described in paragraph 4 hereof, an extension thereof or a replacement therefor expiring not sooner than twenty-six (26) months following the date of the execution of this Agreement. 8. (A) Subject to subparagraph (B) hereof, the Developer hereby indemnifies and saves harmless the City from all manner of claims or actions by whomsoever made or brought arising out of the Work to be executed except those caused by the negligence of the City or its employees and shall deliver to the City, prior to the commencement of any portion of the Work to be executed within the boundaries of any public right of way, a Certificate of Insurance naming the City as an additional insured evidencing a policy of commercial general liability coverage on "an occurrence basis" and containing a cross -liability clause which policy has an inclusive limit of not less than Two Million ($2,000,000.00) Dollars. The aforesaid certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior notice in writing being given to the City. Such notice shall be deemed to have been satisfactorily given if delivered to the Office of the Insurance Claims and Adjustments Officer for the City of Saint John, City Hall, 11`h Floor, 10 Market Square, P.O. Box 1971, Saint John, NB, E2L 41-1, or mailed by prepaid registered mail to that office. The aforesaid insurance coverage must remain in full force and effect during the period available to the Developer pursuant to this Agreement to complete the Work, or until the certification of the Chief City Engineer that it has been satisfactorily completed; (B) In the event that the Developer contracts -out the entirety of that portion of the Work to be executed within the boundaries of any public right of way, then the Developer must assure that the said contractor, prior to the commencement of that portion of the Work, delivers to the City a Certificate of Insurance naming the City as an additional insured and evidencing a policy of commercial general liability coverage respecting that portion of the Work, issued on "an occurrence basis" containing a cross -liability clause and having an inclusive limit of not less than Two Million ($2,000,000.00) Dollars. The aforesaid certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days notice in writing being given to the City. Such notice shall be deemed to have been satisfactorily given if delivered to the office of the Insurance Claims and Adjustments Officer for the City of Saint John, City Hall, 11'" Floor, 15 Market Square, P.O. Box 1971, Saint John, NB, E2L 41-1, or mailed by prepaid registered mail to that office. The aforesaid insurance coverage must remain in full force and effect during the period available to the Developer pursuant to this Agreement to complete the Work, or until the certification of the Chief City Engineer that it has been satisfactorily completed. 9. That the Developer hereby guarantees to the City for the period of three hundred and sixty-five (365) days following the certification by the Chief City Engineer of the satisfactory completion of the Work required hereby, that all the work performed and materials supplied pursuant to the provisions of these presents shall be in compliance with the "General Specifications, City of Saint John, New Brunswick, Municipal Operations & Engineering Department", and in so doing the Developer may rely on guarantees of suppliers and shall at its own expense execute to the satisfaction of the said Chief Engineer all work, repairs, alterations, reconstruction, or replacement required to remedy any defect, default or deficiency which might develop in the said Work. 14 -4- 10. That when completed in accordance with the provisions of these presents, the Work contemplated hereby, shall automatically vest in the City without further documentation. This Agreement shall enure to the benefit of and be binding upon the parties hereto, their successors and assigns respectively. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto as of the day and year first above written. SIGNED, SEALED & DELIVERED ) in the presence of: ) VILLAGE VIEW PARTNERSHIP Per: And THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2015 15 SCHEDULE "A" Millidgeville Estates Subdivision — Phase 3, City of Saint John, Province of New Brunswick 16 SCHEDULE A - I 17 SCHEDULE A - Z fir{, 6 a v F, � � ��k it � t�'y �•� .Uc7e a? ;- ..�� ` 1✓# _ n: o,ep •i i} a- • +j �j c' V. � .+ i� r -4 y �,r��,n,, • I i '.y IT (ct n n x t�w i'��' `�E �r Or°� _4 ill W z. 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Ax'�J#'?S:�C:,RAF: :R'::,R"-. t,:•!aQ:C�:SG8R9e8nolltilC�'8.71�IAEx.$.':'.R1R�:"xARt�gxfe"_.'ytBi::�RRCR.: !a. •x „' ��it;�6�eeRtt�ps�a�c►�aeraxcee�8 xs�aaaxaxexwcrasF�as.exasRxsxazAa��aaaaaxasevsaad�Ra�x ,�� '� � g � ,� o i�33E&i?�. ��R&i=y:xr�£�G9i9�8g�A�"sFeRi6Al91Z6i��"sf�: mx. a $ w - �aaaaaEd3�aaadaa?aa�asaR#ad+Fb€d34�a�aa� F. ��'r-r 54 rw�M`�n« _. r..r..� w.......... rw....... w.w.n. ..wr k1•�.•-'7i....�i w.. w..�r- -4 J SCHEQULE°B" Engineering Plans, CBCL Limited 19 SCHEDULE -f - / �o 0 N W a Ne t C-1 « w �~ zz�' w A' wz�`> Co LuCo w� W t w ., 11 opo 10 OEM J i z z° 0. Y' c✓ 0 0 va } o i ao 0 z �J U N ('W, U C7 �0' L ems ml®Ivo v i�v+ �� -�.+� mti -av' ow �worvm� cwun worw•tsw �M» orwwe rwww wa •+woe mwn.wn�uaa�n owaAee 20 SCHEDULE 0 T Z Lg1 I iz ! I �I I I I leg $Oodell !moo®4f{l6 SS [i I I®�o 04EL ` a i•GGE�i$a�sp p-; a 3 1 tl11y■gq be y R a e lYi�gy' p �' � � Rg m.• = I � b � � � 3 � # �� 1� �C� c� $g�e a��e'�� d�$ ��9 � x$613 �: n �� I 0 � � ii4411:�� 1� �n g � .� I � I I I 3/ Fw6 - :.y4 w a 21 I I4rM ISII 3/ Fw6 - :.y4 w a _ F � p I' T l � 21 SCHEDULE � - S ■ IIII I�I�� I' " f g"n.�"� e I I I I � I I I I � � � AN �� Rs� � �� 3�g� " � � � � W N g♦ � � � i•., � ;� �� a� @� ��22g � .;gym �, � _� illy •.t9 •a1♦ to 22 SCHEDULE 9— 4 J �oa�i ` �m0o149S 375 �6c0I �� E i�, s lli111 I I I I I i I I I I '. Jil`�{{;.__ �'� ♦+ I yp 9gg ggqgtl yeg3g z o 7- s 111 Nll % file g t] 3 REPORT TO COMMON COUNCIL M&C 2015-203 October 6, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Merchant Agreement — Chase Paymentech Solutions BACKGROUND: City of Saint John In November of 2008, the City entered into an agreement with Chase Paymentech Solutions, on behalf of the Bank of Nova Scotia, to process payment card (Debit, Visa, and MasterCard) transactions for the City of Saint John. The existing Merchant Account currently includes transactions from the Finance Department, Building Inspection, Parking Commission, Municipal Operations and Saint John Police Force. The Growth & Community Development Services department will be opening the One Stop Development Shop in October. Part of the plan for this location will be that it have three wickets that will allow customers to be served. Presently there are only two Point of Sale terminals, a third will be required. In order to facilitate the acquisition of such equipment, the City needs to enter into a new agreement with Chase Paymentech. Details of the Merchant Account can be found in the attached Merchant Agreement Addendum and Schedule A to Merchant Agreement Assumptions and Fees. ANALYSIS: This Merchant Application and Agreement was previously reviewed by the Legal Department and they have indicated that there are no major concerns arising from their review of the existing agreement. 24 M&C -2015-203 -2- October b, 2015 RECOMMENDATION: RESOLVED that Common Council authorize the Mayor and Common Clerk to execute the attached agreement between The City of Saint John and Chase Paymentech Solutions respecting the use of a Point of Sale Terminal for Community Growth & Development, Respectfully submitted, Craig LOigne, CPA, CGA Assistant Controller, Finance and Administrative Services 1/ Cathy Graham, CPA, CGA Acting Commissioner of Finance and Administrative Services Jeff Trail, City Manager 25 CHASE O', MERCHANT AGREEMENT ADDENDUM: Paymentech ADDITIONAL LOCATION 1 SERVICES MCC: 9399 REFERRAL SOURCE/ASSOCIATION NUMBER: REFERRAL NUMBER: SALES REPRESENTATIVE: DANINE FERGUSON SALES REP ID: TELEPHONE NUMBER: CORPORATE NO.: 1329256 EXISTING MERCHANT NUMBER: 5729403 ADDITIONAL LOCATION: 29 1 ADDITIONAL SERVICE: ❑ I PREFERRED LANGUAGE: 0 ENGLISH ❑ FRENCH PAYMENT INSTRUMENT ACCEPTANCE REQUESTED (SELECT ALL THAT APPLY): 0 VISA I@ MASTERCARD ® INTERAC N VISA DEBIT ❑ MAESTRO ❑ MASTERCARD DEBIT ❑ AMERICAN EXPRESS AND JCB ❑ AMERICAN EXPRESS IF APPLICABLE, ENTER AMERICAN EXPRESS # ❑ PRIVATE LABEL: ❑ DISCOVERT CREDIT IF APPLICABLE, ENTER DISCOVER # tDISCDver includes the following r d es: Discover Diners Club International, ina UnionPary, BCcard DinaCard EOUIPMENT TYPE: ® RENT 11 PURCHASE ❑ LEASE ❑ REPROGRAM I CURRENCY. 0 CANADIAN ❑ U.S. ❑ BOTH CANADIAN AND U.S. BUSINESS LEGAL NAME City of Saint John IS YOUR BUSINESS SEASONAL? ❑ YES ® NO MAILING/BILLING ADDRESS CITY PROVINCE POSTAL CODE 15 Market Square, 1016 Floor Saint John NB I E2L 4L1 TELEPHONE NUMBER FAX NUMBER GST NUMBER TOTAL # OF LOCATIONS 506-658-4033 506-658-2837 1 MERCHANT'DOING BUSINESS AS" NAME BUSINESS START DATE HOW LONG AT THIS LOCATION Growth & Comm Development 10/01/2015 New LOCATION ADDRESS CITY PROVINCE POSTAL CODE 15 Market Square, 10'6, Floor Saint Jobn NB I E2L 4L1 TELEPHONE NUMBER PRIMARY MERCHANT CONTACT �1ori.verner@DsainlJohn.ca E-MAILADDRESS 506-658-2911 1 Lori Verner TYPE OF OWNERSHIP: ❑ SOLE OWNERSHIP ❑ PARTNERSHIP ❑ LLC ❑ PUBLIC CORP ❑ PRIVATE CORP ❑ NON-PROFIT CORP ® GOVERNMENT CORP TYPE OF BUSINESS: ® RETAIL ❑ WHOLESALE ❑ RESTAURANT ❑ LODGING ❑ MAIL ORDER ❑ TELEPHONE ORDER ❑ CONVENIENCE STORE ❑ CONVENIENCE STORE WITH GAS ❑ INTERNET ❑ BUSINESS TO BUSINESS ❑ HOME-BASED ❑ OTHER (SPECIFY) LIST ALL WEBSITE ADDRESSES: www.saintjohn.ca DESCRIBE THE MERCHANDISE SOLD OR SERVICE PROVIDED Community growth and development department DELIVERY METHOD FOR STATEMENT: DELIVERY METHOD FOR CHARGERACKS: ❑ MAIL: ❑ ADDRESSIBILLING ADDRESS ❑ LOCATION ADDRESS❑ MAIL: ❑ ADDRESSIBILLING ADDRESS [3LOCAT)ON ADDRESS ® EMAIL: anne.drew sain 'ohn.ca 0 FAX: 506-658-2837 DEPOSITSALES REFUND POLICY M.'ef cootomer orders deliverail in: %Annual Credit Card Sales Generated by: 0 days loo o/ RdumberAf days to prepare shNpmehts for deWeryty cust8mer 1_ days MaillTelephone 0% 1 to T days % Internet % S to 14 days % !MasterCaid/ Visa Shies are depcol ed ❑ Date of Order J1 Date of DoWery ❑ Other Card Swiped 100% 15 to 30 days % Hand KevedlFace fo Face % MQra than 30 days % ttlasthera beeha changetp your refund policysince initial application? Yes ❑ Nr Total. 100% Fptat, % lfiyes, please explain. OWNERS OFFICERS (Ownership must be equal to or Ureaterthan 51%— Add additional sheets as necessary) 1. NAME Mel Norton 2. NAMETohnathan Taylor TITLE Mayor PERCENT OF OWNERSHIP 0 % TITLE Corn on Clerk. PERCENT OF OWNERSHIP 0% RESIDENCE ADDRESS RESIDENCE ADDRESS 15 Market Square, 101h Floor 15 Market Scluare, 101h Floor CITY Saint John PROVINCE NB CITY Saint John PROVINCE NB POSTAL CODE E2L 4LI HOME TELEPHONE506-658-2862 POSTAL CODE E2L 4L1 HOME TELEPHONE 506-658-2$62 DATE OF BIRTH (mrNddlyear) NA SIN # (OPTIONAL) NA DATE OF BIRTH (mrdddlyear) NA. SIN # (OPTIONAL) NA HAVE YOU EVER FILED FOR BANKRUPTCY❑ YES ® NO HAVE YOU EVER FILED FOR BANKRUPTCY ❑ YES ONO CREDIT INFORMATION CANADIAN DOLLARS ANNUAL US DOLLARS ANNUAL VISA CREDIT VOLUME: $1.05,000 CREDIT AVERAGE TICKET SIZE: $475 VISA CREDIT VOLUME: $ CREDIT AVERAGE TICKET SIZE: $ MASTERCARD CREDIT VOLUME: $98,000 MASTERCARD CREDIT VOLUME: $ DEBIT VOLUME: $55,000 TOTAL CREDIT VOLUME: $ TOTAL DEBIT /CREDIT VOLUME: $338,000 This Addendum supplements, and is hereby incorporated into and made a part of, the merchant agreement between Paymentech and Merchant (the "Merchant Preement") and is effective on the earlier of (1) our acceptance hereof (as evidenced by the execution of the Addendum by us) or (ii) your first processing date for he—applicable additional location or service(s), and shall continue in accordance with the terms of the Agreement. This Addendum, and the rights and obligations of the parties hereunder, are expressly made subject to the terms and conditions contained in the Merchant Agreement. Under the terms of this Addendum, Paymentech will be the sole provider to Merchant of the services necessary to authorize, process and settle all of Merchant's credit and debit transactions as requested by Merchant in this Addendum and/or at the additional location set forth in this Addendum and in the Schedule A to this Addendum. MERCHANT LEGAL NAME: City of Saint John ("Merchant," "you" or"your): As the person signing below on behalf of the Merchant, $ certify that I am duly authorized to sign this Addendum on behalf of the Merchant. Individual Signature (#1 from appiii atibn) Title (lntlividual'SigijAturp�#2 from appiidatiori) 'rifle FdritName Dat® mrir+lrlafne :Date APPROVED: CHASE PAYMENTECH SOLUTIONS ("Paymentech", 'we", "out, "us") for itself and on behalf of JPMorgan Chase Bank, N.A. for the purposes of Visa and MasterCard aweplance. By: Title: Dale: 'Personal information is collected, used and disclosed as described herein and In accordance with our ag able Privacy Policy (available M www.chasepaymentech.ca or upon request) or otherwiSe as permitted by law."^'Trademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solutions authorized user. ""Trademark of Chase Paymentech Sclut{ons, LLC. Chase Paymentech Solutions authorized user. (NAP) v. M012 of Saint John Visa Sales Volume MasterCard Sales Volume Average Transaction Size Chargeback % Number of Locations Interac Sales Volume Number of Debit Card Transactions Foreign Card Volume Estimate Return Volume Estimate Fees 1. Initiation and Service Fees: Annual Fee (per location) Application Fee (per contract) Pin Pad Key Injection Fee Monthly Admin Fee (per location) 2. Transaction Fees: 3. Processing Fees: Print Name: Internet Product: Setup Fee (per location) Monthly Fee (per location) Transaction Fee Wireless Product: Setup Fee (per terminal) Monthly Wireless Network Fee (per terminal) Safetech Encryption: Setup Fee (per terminal) Transaction Fee Tokenization: Monthly Fee (per location) Transaction Fee and Fees NIA ............................................................................................ .. ..- a.ao NIA .............................................................................. $11,00 N/A N1A ... ............................................._............................................................. NIA NIA .............................................................................................................. NIA NIA .................................................................................................................... NIA NIA .................................................... I.- . ............... NIA .._ ..... NIA Settled Visa Per Item Fee (Sale + Return) Settled MasterCard Per Item Fee (Sale +Return) ............................................................................................... ............ .. ....................................... ......................................... Return Transaction Per Item Fee -Visa Return Transaction Per Item Fee -MasterCard .................................... .......................................................... - MasterCard International Transaction Processing Fee* ... ................................................................... .......................... American Express Per Item (Sale +Return) .............................................................................................. Discover /JCB /Private Label Per Item (Sale +Return}................ _ _......................................-----.........., Interac Debit Per Item (Sale + Return) ................................................................................................. Settled Visa Debit and Visa Debit Standard Per item Fe Maestro Debit Per Item (Sale +Return) . ............................................................ ..................................................... e (Sale +Return) _ Interac Online Per Item (Sale + Return).................................................- ............................................................ Small Ticket Transaction Fee (may vary depending on average ticket size) .................................. Pass -Through of Payment Brand Fees (including, without limitation, Interac switch fee, Interac online acquirer service fee and any other Payment Brand fees) " Fee for the processing of internationai transactions es defined by MasterCard Minimum Monthly Discount Fee (for each of Visa & MC) $10,00 Chargeback Processing Fee (per chargeback) Statement Fee Skatement onl.................................................................................. $10.00 Y NCA Merchant Signature: K Date: 145965.26020150909153106 27 (Month 1 Day / Year) 4.Authorization Fees: Voice Authorization MasterCard I Visa AuthorizationNIA 5. Gift Card Fees: Gift Card Program None Monthly Plan Fee (per location) NIA ............................................... .......................................................... .......... Monthly Gift Card Only Merchant Fee (per location) NIA Authorization Fee* ..................................................................................... "I......................... $ _ Block Activation Fee (,per card) ........................................................................ ... $ _ SetupFee (per location) ................................................................................................... NIA .._......,..., 3rd Party Card Data File Fee (per card - Minimum $100 per fle)� ................ ............ NIA Web Balance Inquiry Setup Fee........................................._............................... q ry p (per branded application) NIA Web Balance Inquiry Monthly Fee (per branded application) NIA ....................... Cards, Packaging & Point-of-purchase marketing materials are available and priced on a per run basis, based on current rates. These rates are shown on the Gift Gard Materials Order Form. You are required to purchase your stored value cards from us. You must process all your stored value card transactions with us for at ieast 3 years from the effective date of this Agreement {the'Tem ). If you terminate this Agreement prior to the expiration of the Term, you agree to pay as liquidated damages an amount equal to the Gift Card fees you paid us the previous month times the months remaining in the Term. Such amount will be funded, to the extent possible, according to the same methods for collecting amounts due under Section 4.5 of this Agreement. 6. Reporting Options: Resource Online Monthly Fee 7. Discount Information MasterCard 1 Visa Credit Discount Rate On Gross Sales N!A MasterCard Rate 1.720% Visa Rate 1.850% MasterCard Assessment Fee 0.120°/a Visa Assessment Fee 0.120% MasterCard Cross Border Assessment Fee* 0.400°/a Visa International Service Fee 0.500% Visa Cross Border Assessment Fee - Multi Currency 0.400% Visa Cross Border Assessment Fee - Single Currency 0.800% Non -Qualified Transaction Processing Fee 0,470% Non -Qualified Interchange** I Yes ........................................... .—,................................ I ...... ............ .... . Target Qualification Level - MasterCard Domestic Consumer Electronic Rate Target Qualification Level - Visa Domestic Consumer Electronic Rate ' Fee assessed for cross-border transactions for non -Canadian issued MasterCard, Cirrus, or Maestro credit or debit transactions acquired from Canadian merchants and submitted to MasterCard. -The above credit discount rates are based on the assumption that all transactons will qualify at the Target Qualification Level set out above, For example, transactions must meet certain qualification criteria established by Visa and MasterCard for your Target Qualification Level in order to receive the Merchant Discount Rate. For each transaction not qualifying at the Target Qualification Level, we will charge you both the Merchant Discount Rate and additional feels) calculated as described below under the heeding'Additionai Information About Your Fees." Visa Debit Discount Rate On Gross Sales Visa DebitRate*** 0.350% Visa Debit Standard Rate**** 1.450% Visa Debit Assessment Fee 0.120% — Applies to Visa Debit transactions inserted or tapped at the point-of-sale . Applies to Visa Debit transactions other than inserted or tapped transactions (including, without limitation, card -not -present or any premium debit cards) Interac Debit Discount Rate On Gross Sales Interac Online Discount Rate On Gross Sales Nh Pass -Through of Payment Brand Fees (including, without limitation, credit & debit interchange, assessments and any other Payment Brand fees) No Discount Frequency: Monthly Merchant Signature: X Date: 145965.26020150909153106 (Month/ Day! Year) Monthly Equipment Fees: Equipment Type Quant! Ingenlco ICT220 wl 1PP320 Pinpad 1 * None of the Equipment set out above is enabled to accept Discover EMV credit card transactions. If you elect the following: (I) in order to accept Discover EMV credit cards in the future, additional costs may be applicable, including without limitation, costs to upgrade your Equipment; and (it) you may have liability for certain chargebacks on Discover EMV credit cards if your Equipment is not enabled to accept Discover EMV credit card transactions. 9. Equipment Accessory Pricing: Accessory Type Quanti Per Unit — �-N/A ...-...............................................I..................... NIA '-- - -- NIA — - -.........................................I..........................._ NIA _ _--__-- ............... ........... ................. .......................... ..................................... I ............................. NIA 10, Others: One time fee NIA Othermonthly fee....................................................................................._.......................... NIA .................................................. Terminal Set-up Fee (per terminal) ............ _...................................................$25,0p ............................................................................................................... On-site Equipment Installation Fee Nip ..................................................................................._............................ On-site Wireless Consultation Fee (per location) NIA' ................................................................................................................... Interac (]aline 1 Acxsys Testing and Technical Support NIA ADDITIONAL INFORMATION ABOUT YOUR FEES Interchange A significant amount of the fees that we charge you for processing your credit card transactions represent charges that we must pay to the card issuing banks (or that are otherwise charged to us by MasterCard and Visa) under MasterCard and Visa {the "Payment Brands") rules. These charges are often referred to as 'Interchange fees" or simply 'Interchange'. Interchange fees are set by the Payment Brands based upon a series of Interchange levels that they establish and modify from time to time. Thus, the Interchange fee charged for a given transaction depends on the Interchange level applicable to that transaction; and that Interchange level depends on a number of factors established by the Payment Brands, such as the type of card presented, specific information contained in the transaction, how and when the transaction is processed, your industry and other factors. For a transaction to quality at any specific Interchange level, the applicable qualification criteria must be met. Note that the Payment Brands may add new Interchange levels and change the Interchange rates and qualification criteria for existing Interchange levels. Merchant discount Rate and Target Qualification Level Every credit card transaction will be charged the Merchant Discount Rate. Paymentech has set your Merchant Discount Rate based on the assumption that your transactions will satisfy the criteria established by the Payment Brand rules to meet the Target Qualification Level set forth above. The Target Qualification Level is the Interchange level that we expect le apply to your transactions. It is determined based on the type of transactions you submit and how they will most likely be processed. However, it is possible that some of your transactions will be processed at a higher Interchange level, resulting in higher Interchange fees for your business. This may occur because those "Non -Qualified Transactions" do not meet the criteria to qualify at your Target Qualification Level, Such transactions are subject 10 fees in addition to the Merchant Discount Rate (see "Non -Qualified Transactions" below). Non -Qualified Transactions Non -Qualified Transactions will be downgraded by the Payment Brand, resulting in higher Interchange fees, For processing such Non -Qualified Transaction, we will charge you: (a) the Merchant Discount Rate; (b) an additional fee (the 'the Non-Qualliying Amount") equal to the difference between the Interchange fee associated with your Target Qualification Level and the Interchange fee for the Interchange level at which the Non -Qualified Transaction was actually processed; and to the extent applicable, depending on the nature of your pricing with us or your program eligibility (c) a Non - Qualified Transaction Prooessing Fee (which is calculated as a percentage of the amount of the Non -Qualified Transaction). The combined total of the Non -Qualifying Amount and the Non -Qualified Transaction Processinq Fee will appear on your statement. Merchant Signature: X Date: 145965.26020150909153106 29 (Month / Day I Year) REPORT TO COMMON COUNCIL M&C 2015-200 October 2, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 2015 Service Contract between Accu -Link and The City of Saint John PURPOSE The purpose of this report is to present the Contract to Common Council for its consideration. BACKGROUND The City of Saint John Since 2011, the City of Saint John has had the services of Accu -Link Call Centre to both request and receive field locate information for buried utilities. The purpose of the bilingual service provider is to receive locate and distribute infrastructure locate requests to all member utilities and the general public. The member utilities include: The City of Saint John, Bell Aliant, a division of Bell Canada, , Emera Brunswick Pipeline Company Ltd., Enbridge Gas New Brunswick Limited Partnership, Irving Oil Terminals and Pipelines G.P., Maritimes and Northeast Pipeline Limited Partnership, and the Power Commission of the City of Saint John on a twenty-four hour per day and seven day per week basis. Types of services provided include emergency locates, information calls on services, and line locate requests in the field. A formalized contract is required with the new service provider and the member utilities. The utilities named above have all agreed to the services to be provided by Accu -Link and all utilities are parties to the same agreement and have all signed same already. The City Solicitor's Office has reviewed this Contract and there are no concerns or objections. FINANCIAL IMPLICATIONS Each member utility shall pay an amount of $475 plus applicable taxes per month for the first year and then each member shall pay an amount of $500 plus applicable taxes per month for the second year to the service provider. The costs are just marginally higher than it was the last time the Contract was signed in 2014. 30 M&C 2015-200 Page 2 October 2, 2015 RECOMMENDATION That The City of Saint John enter into a two year Service Contract with Accu -Link in the form and upon the terms and conditions set out in the Service Contract attached to M & C 2015-200, for the purposes of continuing to provide a One -call Service for underground utilities and that the Mayor and Common Clerk be authorized to execute the said Contract. Respectfully submitted, ok�-1 vtu-T Dolly Young, P. Eng. Manager, Infrastructure Development Wm. Edwards, P. Eng. Commissioner, Transportation & Environment Services Jeff Trail City Manager 31 SERVICE CONTRACT This Agreement made this day of 72015. BETWEEN: ACCU-LINK, a corporation duly incorporated under the laws of the Province of Ontario, hereinafter "Accu -Link" OF THE FIRST PART - and — THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter "the City". 9 BELL ALIANT, a division of BELL CANADA, an extra -provincial corporation having an office in the City of Saint John, Province of New Brunswick, hereinafter "Bell Aliant' ; EMERA BRUNSWICK PIPELINE COMPANY LTD., an extra -provincial corporation having a registered office in the City of Halifax in the Province of Nova Scotia, hereinafter "Brunswick"; ENBRIDGE GAS NEW BRUNSWICK LIMITED PARTNERSHIP, a limited partnership having offices in the City of Fredericton and Province of New Brunswick, hereinafter "Enbridge"; IRVING OIL TERMINALS AND PIPELINES G.P., a body corporate, duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John, in the County of Saint John and Province of New Brunswick, hereinafter "Irving"; MARITIMES AND NORTHEAST PIPELINE LIMITED PARTNERSHIP, a limited partnership having offices in Halifax in the Province of Nova Scotia, hereinafter "MNE"; THE POWER COMMISION OF THE CITY OF SAINT JOHN, a commission created by resolution of the Common Council of the City of Saint John pursuant to s. 28 of the New Brunswick Power Act, 1920, hereinafter "the Commission" COLLECTIVELY "THE UTILITIES" OF THE SECOND PART WHEREAS Accu -Link is a corporation incorporated under the Laws of the Province of Ontario which offers a one -call service available to the excavators and to the public in general in the Province of Ontario to provide information prior to digging 32 2015 Service Contract Between Accu -Link and The City of Saint John et al Page 2 of 5 operations concerning the nature and the location of buried equipment of its members and customers; WHEREAS Irving, MNE, Enbridge, the City, Bell Aliant, the Commission and Brunswick, are a group of companies and public utilities which are the owners of buried equipment in the City of Saint John, in the Province of New Brunswick (hereinafter the "Utilities"); WHEREAS the Utilities are operating in the City of Saint John, in the Province of New Brunswick a one -call service for the benefit of excavators and the general public using the telephone number 1-866-344-5463; AND WHEREAS the Utilities wish to sub -trade part of their operations to Accu - Link for the reception and transmission of the locate requests; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein contained, the parties for themselves, their successors and assigns, respectively mutually agree as follows: SERVICE PROVIDED 1. Accu -Link will arrange for the automatic transfer of the calls received on the present one -call service number (1 866 344 5463) to the offices of Accu -Link in Guelph and Accu -Link will provide an answering service in the language used by the caller limited to English and French; 2. Accu -Link shall complete for each call a locate request in accordance with the information provided by the caller and transmit same to each and every member of the Utilities who shall be responsible for the handling, and the analysis of the request and all transmission of information to the caller; 3. Accu -Link will aim to answer all calls within 30 seconds. All inbound and outbound calls shall be treated by Accu -Link within the average normal time of the treatment of any other request received on behalf of its members and other customers which is five minutes at the time of signature of the present agreement; 4. Each and every member of the Utilities shall be responsible for the transmission of its coordinates to Accu -Link as to the points of reception of the locate requests both for normal business hours and for special business hours when applicable during holidays or special periods. Each and every member of the Utilities shall be responsible for the up -dating of the above-mentioned information and to provide Accu -Link with a list of the periods where the special schedules apply to its business hours; 5. Accu -Link shall provide monthly a list of all locate requests it received to each member of the Utilities; 6. The obligations and duties of Accu -Link shall be at all times under the present agreement limited to the transmission of the locate requests to each and every member of the Utilities; EXCLUSION OF LIA13ELITY 7. Accu -Link shall, under no circumstances, be held responsible toward third parties including the members of the Utilities for any error or mishandling in the communication and the transmission of any and all information received from the callers and/or the members of the Utilities that would be erroneous, false or inexact concerning the request; 8. In the case that any member of the Utilities requests additional services from Accu - Link, same shall be treated on a bi-lateral basis between the member of the Utilities and Accu -Link and shall imply the negotiation of additional fee structures and other conditions; 33 2015 service Contract Between Accu -Lints and The City of Saint John et al Page 3 of 5 9. Accu -Link shall receive locate requests limited to the territory located within the limits of the City of Saint John; 10. The service shall be provided on a twenty-four hour per day and seven day per week basis by Accu -Link; APPLICABLE FEES 11. The members of the Utilities shall pay no entering fees, minimum fees or start-up fees to Accu -Link; 12. In year one of the term, each member of the Utilities shall pay an amount of $475.00 plus applicable taxes per month to Accu -Link; 13. In year two of the term, each member of the Utilities shall pay an amount of $500.00 plus applicable taxes per month to Accu -Link; 14. Each member of the Utilities shall be billed individually on a monthly basis and payment shall be payable within thirty days of the date on which each member received the invoice; 15. A detailed report for each member of the Utilities containing the identification numbers of all the locate requests transmitted during the period shall be attached to each invoice; TERM 16. The present agreement shall be for a term of two (2) years and shall come into force two (2) weeks after signature by all the parties. 'OTHER 17. Accu -Link and the Utilities may terminate the present agreement in the case of a breach of any of the provisions of the Agreement by giving thirty (30) days notice to the other party; 18. This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the reception and transmission of the locate requests by Accu -Link for the benefit of the Utilities; 19. No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties; 20. It is agreed that this Agreement embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this Agreement; 21. Any party may assign its rights and obligations under this Agreement by giving 30 days notice of the assignment to the other parties; 22. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick; 23. This Agreement shall enure to the benefit of and be binding on the respective successors and permitted assigns of each of the parties; 34 2015 Service Contract Between Accu -Link and The City of Saint John et al Page 4 of 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 35 Per: Name: P1,'s M u.rl rd e - c ' Title: � C'MO Ce+n Per: Name: Title: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: SELL ALIANT, a division of BELL CANADA Per: & ISL— Name: Er,c Vc&clei Title:e�;cm�i� Per: Name: Title: EMERA BRUNSWICK PIPELINE COMPANY LTD. Per: Name: Cpzrs7/�1 eCIG M�¢2J Title: csELt'4L lr�4usib�✓Z Per: Name: Title: 2015 Service Contract Between Accu -Link and The City of Saint John et at Page 5 of 5 ENBRIDGE GAS NEW BRUNSWICK LIMITED PARTNERSHIP Per dame: [(et Vc, I Title: Per: Name: Title: a�:iq.,4q--, P'31,_o j IRVING OIL TERMINALS AND PIPELINES G.P. Per: Name: Title: lqg,5,4 Per: Name: Title: C,.4 -e MARITIMES AND NORTHEAST PIPELINE LIMITED PARTNERSHIP Per: Name: Title: Per: Name: Title: THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: Name: p%,4, _3 Title: Pr -c- ,,6 Per: IL Name: Title: are 36 PROVINCE OF ONTARIO I, Phyllis Munroe , of the _ Guelph in the Province of Ontario, MAKE OATH AND SAY: 1. THAT I am the Call Centre Director of Accu -Link, a body corporate having its head office in Guelph aforesaid (the "Corporation"). 2. THAT the Call Centre Director of the Corporation is authorized to execute documents in the name and on behalf of the Corporation. 3. That the Corporation has no corporate seal. 4. THAT the signature " f --' " set and subscribed to the foregoing Agreement is in the prder handwriting of me, this deponent. 5. THAT the said signature was subscribed to the foregoing Agreement for the purpose of execution on behalf of the Corporation. SWORN TO BEFORE ME at ba Cady Qwband Province of Ontario, this -S!� day of , 2015 Call Centre Director Accu -Link Cali Centres Inc. 37 Cherry Brook Zoo lows 901 Foster Thurston B . Saint .lohn. NB E2K 51.1« Phone. (506) 63.1-1440 u oa h sa rk!a- be11a ha n t. net 11►v14i.chern brookzoo.cont y ANIS"ED KINCTIOltm 1' %tt1r T'ICE:R CL:3�Fb'� '► iiia 1,1 11 1' MUNICIPAL SPONSORS 1r Markc-t Squnr;� PC Box 1971 Saint John, NE; E24 41-1 70 Hampton Road Rothesay, NB E2E 5L5 ANIMAL SPONSOR PROGRAM PARTAN,.', spay RT51 '.•.7i o�_o':e :n -r ,�.. a -:!'+g .4;}x.73 VAVW.5F2ARTAN3f ORi',.u—. James Rory and Olga Grant Rothesay, NB Anonymous Rothesay, NB Mr. Jonathon Taylor Common Clerk City of Saint John PO Box 1971 Saint John, NB E2L 4V1 September 24, 2015 Dear Mr. Taylor, Please find enclosed from the Cherry Brook Zoo Incorporated a copy of documents sent to His Worship the Mayor Mel Norton and Members of Common Council for budget submission. If you have any questions please do not hesitate to contact me. We would request to appear to make a short presentation to Mayor and Council or with the City Finance if possible. Also enclosed are budget documents for the City of Saint John Finance Department. I would appreciate it if you would see that the information we have put together are made available to His Worship the Mayor and Members of Common Council. Thank you for your assistance in this matter. Sincerely t Lyngpolht BSc, MSc Volunteer Director Zoo Development / Primatologist Cherry Brook Zoo Inc. � Register- d incorporated Non- Prorit Charitable Orga_iization 197 CONSERVATION - EDUCATION; & RECREATION s STUDY I P, h M bmi 4 Cherry Brook Zoo Joe. 901 Faster Thursion Dr. Scint Join, NB E2K 5N9 Phone (506) 534-1440 noahsark( bellali-inf.net www.charrybrook no.cor V.\N1SFED KINGDOM rARK TIGLR C;LAIN"S:r1CVx GOLF MUNICIPAL SPONSORS 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 70 Hampton Road Rothesay, NB E2E 5L5 P.O. Box 21085 12 Landing Court Quispamsis, NB E2E 47A HAM�-�PTON Town of Hampton 1025 Main Street Hampton, NB EOG 3Z9 YOUR SUPPORI` = THEIR SURVIVAL I Renistered Picarporated 'ion-Prold C havilable Organization His Worship the Mayor Mel Norton & Members of Common Council City of Saint John, PO Box 1971 Saint John, NB E21, 4V1 September 24, 2015 Dear Mayor Norton and Members of Common Council, Please find enclosed our operational budget request with audited financial statements, a budget summary and spreadsheet of Revenues and Expenditures. As we understand we are not eligible for the municipal grants program we would like to enter into a service contract with the City of Saint John with a request of $60,000.00 for the next five years. We feel this time frame will give us a sufficient time to achieve funding for our capital projects as outlined in our Strategic Plan and to establish revenue streams to assist in sustaining the zoo. We have worked diligently to increase revenues and decrease expenditures and this has led to a decrease in our request for funding over the last few years down from $150,000.00 to $100,000.00 and now to $60,000.00. We feel that we have done what Mayor and Council have asked of us in reducing our deficit to a reasonable amount. As the future of the Cherry Brook Zoo has been called in question it has made future partnerships difficult and the ability to sustain accreditation status, obtain funding for capital projects and an overall concern with possible funders. We are asking for time with a stabilized budget to go out and aggressively find more partners, capital funding and expansion of zoo revenues and a Service Contract for a set number of years will give us that leeway. For several years now, the Zoo's development plans have been put on hold, delaying important upgrades as well as enlargement and rejuvenation of the facility. With your support of the requested financial deficit of operational funding from the City of Saint John it is an investment that will see the zoo moving forward on plans to bring new exhibits, new animal species and a variety of programs to our communities. We will know what our budget is and can act accordingly for financial planning. The recent provincial report of the Non -Profit Task Force, spoke of the need to regard non-profit funding not as expenditure but rather as an investment that pays dividends. The enclosed budget request will support the Zoo's intent to move beyond survival mode to a position of true growth. This funding will allow the Zoo to expand in exciting directions by moving its financial efforts to attracting significant capital and program partners in the corporate, private, and government sectors. We would be happy to meet with Mayor and Council or City Staff to answer any questions or expand on information that cannot be expressed in a short letter. We thank you for your time and consideration. Respectfully submitted Alice O'Neill, Chair Board of Trustees Cherry Brook Zoo Lynda Collrin, Director Zoo Development, Cherry Brook Zoo (volunteer unpaid) MN The Cherry Brook Zoo of Saint John Incorporated will continue to operate the zoo with high standards and ethics. We plan to join the Zoological Association of America and become accredited by this entity which will assist in obtaining animals which are recognized by the US Fish and Wildlife and by American Species Survival Programs thereby eliminating past roadblocks in acquiring animal species and still maintaining highly recognized standards of accreditation. We will continue to employ adequate zoo staff and summer students; we will continue to work with co-op students, YMCA exchange students, and part time positions as needed. This year the Zoo employed 6 full time positions; 9 summer positions; two full time/ part time. That is a total of 17 jobs. This does not include jobs under entrepreneurial with food services and 2 Co-op students and our partnership with Tir na nOg Forestry School. The Cherry Brook Zoo began as just that "a Zoo" but over the years has increased its operations to include a retail gift shop, 18 Hole Miniature Golf Course, The Vanished Kingdom Park, Birthday Parties, Seminars, Junior Zookeeper Day Camps, Volunteer Committees and an active Volunteer Animal Enrichment Program, etc. We have added many Special Events and have seen an increase in members of the public attending these events. Donors have played a large role in the operational funding of the zoo and have grown over the years. They have proven that the Zoo is an important part of our city with their actions year after year speaking to their desire to see the zoo not only continue but to grow. Despite the economic pressures currently being felt and extreme weather conditions we have managed to decrease our funding request over the last few years from $150,000.00 to $60,000.00 in 2016 which is a 60% decrease and to be honest I haven't seen any other department of facility show this kind of financial restraint. Despite decreasing our financial budget the last few years have seen new breeding stock arriving at the Zoo with the Damara Zebra (who produced their fust young this year), Nilgai, Mouflon Sheep, and this year the arrival of a group of Zebu. We hope this fall to acquire African Lions (waiting for them to be born), Black Fallow Deer and possible Alpaca. At the present time we are constructing a revamped Awareness and Discovery Centre which will include a new reptile display (Home Depot is supplying materials and personnel to build this exhibit). Ritchie's Warehouse has supplied building supplies to expand and winterize the Zebu building that is being revamped at this time and an electrician has volunteered his services to supply heating to this building. In 2016 we will be bringing in ponies for both rides and to expand our Summer Camp to include older children 13-16 years of age. We have a private citizen who is committed to building all necessary buildings and purchasing the ponies and all tack. We hope to approach the Saint John Pony Club in the future as a partner to decrease costs and increase revenue and a percentage of profits to them and expand programming to our Summer Programs. So as you can see the support of the City of Saint John plays and integral role in employment, education of Sumer Students, working in conjunction with School Co-op programs, and with various corporate and private entities. 41 With stabilized operational funding we will be able to actively approach all levels of funding for our capital strategic plan and move ahead on our projects. We have continued to maintain the zoo site and work on new displays and smaller projects with partners willing to donate time, materials and finances but feel the time has come for growth and expansion. The Cherry Brook Zoo of Saint John Incorporated also plays an integral role in not only bringing tourism to our city but in keeping them here instead of driving through. With the exchange rate at a higher level we have experienced higher traffic to our facility with US visitors and local visitors. We are the only zoo in the Fundy Region and there is no duplication of our services and with a well thought out plan we can build on bringing ecotourism to our area and create overnight stays in a unique setting. I have attached a draft of our Strategic Plan so that you can see that dollars invested today will pay dividends in the future. Like many in our area the extreme weather has played a major role in revenues and disbursements and we need to address this to both create winter excursions and expand programming or to limit the months the zoo is open when revenues are at their lowest. We realize just as you do that restraints must be put in place but at the same time know we must build on the future that is essential to seeing our city and our facilities grow to expand markets. Tourism is a growth market and we hope to build infrastructure that will both benefit the tourism market and also our communities and our city. There are many positive projects heading our way which will bring employment, population growth and families and we need to preparenow for the future growth of our communities. We need to address the question what do we have to offer as quality of life indicators to bring young families to our city and a well-balanced tourism and recreation plan is part of that ideology. The Cherry Brook Zoo provides Conservation, Education, Recreation and global recognition for its work in behavioural studies and work with endangered species. We now need to move to growing what we have to meet the needs of the public and tourism sectors. The Cherry Brook Zoo is a debt free facility and has never asked the City of Saint John for capital monies but has instead chosen to seek out partnerships and donors. We have been successful in the past and feel that we can find capital finances to grow the Zoo without looking to our municipal sponsors for capital commitments. It is because of our unique situation of being a not for profit charitable organization that we can find funding without looking to capital city financing We will continue to build this facility but can only do so if it is seen that our municipal leaders show their support in what we consider to be a low cost operations funding. Your leadership today will build the zoo tomorrow. 42 Chegy Brook Zoo Inc. Sumawry Statement of Op eratin Revenues & Disbursements Bud ets Years : 2016, 2017, 2018 Budget Audited Budget Budget Forecast Report Forecast Forecast 2014 2014 2015 2016 Revenues Gate Income,,- Friends of ,he Zoo $145,['30 $103,5LC S_:.S,LCC 521-5,{.30 7arat:ons.9eques:=. $50,000 $73,92{ S65.CCL eratiDns In Ki C gar. ?ca5f. $12.000 $12,80{: 5 Sper. Extent - Fun, lajirg $50,50D $S`a,SSC ?etail Sales $30,000 522,227 $22,LCC $25.000 -�Ca,Se'tiices $14,000 $7,88-1 $6,51rC 5: -minazure 5014 - ra.nt ON. a4 53s` , icnr Grant Town. of Quispa—sis $8,003 $5-: 4303 $5,28' 550,ccc $E cCC S50.CCE- S2,5CC 52,5 0 Grant Tear. ofRotlsesay $5.0 -CC Sti dSnt Grart Pmvinrial Gavernment $7,654 St"ent Grar; Federal G3vemmant $10,525 SL4 _7: S' =,25L 54.25" St;.;4ertiAtc,-f^a�iPeeop�FsC--urcil jil,31 Sy^,SrG'{ S�z Gran# -Nor,cac ity $D $2, CC SS SC5 53.60 YMCA Exchange 5—Aent 52,2' C 52.200 Oti--er ?-tcorne $73 0rest. Sc1vel 52.5.5 5"-C,CLC 10,000 Svb tv:* revenue $414,597 $ $383,250 Wages;Empls•Yee 3e^_f s $2-55,500 $223,273 S'29,5CC 52,4.35-5 -fe3=;Li ht.5/polver $21,500 S20,27.� $21.5CC 521.^0^ chirl�Cogts(ps, raps"'s. ,�s} $15,ODO 5i3,LCS 5i3,CCC S, --- KnimaG Feed $17,000 53.975 53,Q{{, S.3.,: Retail purchases $13.000 53.52 Si3.CL{ 5_2.O��Oe rsU-ante ip rrope rty & habili. $11,000 53 F 1 - S6,£CL AJvertisl-) &-orrot'i0.1 Dff;ce & Administ-aVon 515,000 514,7E.P S_3.CLC 5.3:0 wn Fall:' erct-we $8,000 S727 S-,cCL S5:J.-,.' 3ankC~arges- ail 1acc arts $3,9�J0 5-:{£ S3.4CC 54: Irte-est or ,long term. debt Dues and Memte.3r2ps 54.5; 0 S2,4C5 $3,5CC 53.5 u °r 'ralsir 5re,is Et _nts >5 0 $5,292 S5,00c, $5 _^ Ary --nal Care - rred,; a $7. $5.586 55.LLG $5. feSS,CraI Fe_s $5, 00 ST 3£E S6,L{{ S5 -5: -3 - .Rep -s & Mainteranre 525.0{ $-e,_55 520.[1{, 0ropertyTaxes $1s.3L0 $3.659 S3,3CC Tele has,)s Se NY cesr- elecomrnunicatfon $5.650 57.22= jE,£5C $a,Sv Training & Development $4.5�s 51,££C $1.CCL 51. �.O.52'VsCes 5. $?.rCS 55,LLL 54.w 'Aisle' a^ecus $i . -n 53.34£ 511,90�J Amortization non cash 55.5£F Sub totar disbursements $414,597 $333.4:3 $3F7,950 $383,250 Sub =tat revenue $ {454,597) ($374,708) S (337,046) S (333,250) [rear Endj Oefi[:t $412,000 $18,755 $904 $0 w Budget Rationale Gate — Gate has been reflected at a nominal increase and is a more conservative amount reflecting weather and is an attainable amount. There could be an increase discrepancy of 2-5% dependent on length of winter into spring i.e. the loss of gate income during March Break $5,000.00 and the loss of revenue of special events such as Easter. With capital construction, new attractions, new programming this is a variable. Donations — include bequests and in-kind which is not a cash donation and is reflected in budget. Again the economy plays a role in donor dollars. Partnerships - With a stabilized income from the City of Saint John Tir na nOg Forestry School may double the number of days for their Forestry School in the following year as they are concerned with the instability of zoo finances. They have already moved classes to Quispamsis this year. To ensure the ability of the zoo to acquire current and future partnerships the zoo needs to have stable funding for the upcoming years. Sponsors- With sponsors acquired for Reptile exhibit, winterizing of new Zebu species and in the spring the construction and acquision of ponies and tack and then forging a partnership with pony club will take time to market and deliver. This will also increase insurance costs for liability coverage. It will take time for a new market to reach a capacity for profit. Grants from outlying areas are never guaranteed and we send proposals each year and appear before councils. Wages reimbursement through grants — we hope to sustain the grants noted above but the workability is not a long term grant but for training. This is where our zoo staff has been brought back to four full-time until grant runs out and will hopefully gain enough finances through new initiatives of expanded programming to maintain this position. Disbursements Wages — Staff Wages at $214,350.00 Minus Grants $ -42,750.00 Wages Paid $171,600.00 Vehicle Expense — costs of maintaining 2006 truck which is used for multiple needs including hauling 1500 bales of hay, moving animals, plowing zoo parking lot and all pathways, picking up produce, monthly pickup of 2000 kg. of meant and supplies, maintenance of zoo supplies, watering animals, etc. is costing in maintenance especially with the extreme weather we have had and are expecting in 201512016. A hand pushed snow blower is also showing its age as well as the gator which is also constantly repaired. At this time we are not looking at replacement but in the near future will need to assess equipment required. We have been fortunate to have mechanics that do not charge for their labour but must charge for parts otherwise the costs would be much higher. We will look for a sponsor in this area. Canadian Association of Accredited Zoos and Aquariums made a visit to the zoo in January of 2015 to inspect due to their concerns of fmancial viability. They have asked for quarterly reports as well as any negotiations with the City of Saint John. They reported back to the Accreditation Commission that the animals are well cared for and the premises maintained to standards but our finances are of great concern and could affect our accreditation status. We have worked our budget to increase revenues and lower disbursements and have found sponsors to bring in new displays, assist in maintenance of the buildings and to build and supply animals for new programming. With a stable budget the Cherry Brook Zoo of Saint John Inc. could now turn to our Strategic Plan and aggressively go after financial sponsorship from private, corporate, foundation, and government funding to achieve a more streamline facility that offers more to both tourists and our citizens and create an under- utilized facility to higher standard that would appeal to everyone. With operational assistance the Cherry Brook Zoo could become one of the top tourist attractions in not only our city but in our province. General Notations Summary statement Dollar value of volunteers — approximately 5000 man hours are donated annually in support of zoo activities especially in positions related to revenue -generating special events, repairs and maintenance, catering, gardening and animal enrichment. Grants from the City of Saint John are placed in the revenue column of the budget sheet to show impact on the net operational deficit. Similarly donations from the towns of Rothesay, Quispamsis, and Hampton are shown for the years granted. We have considered closing the zoo during winter months and cutting another full time position but due to agreements with PALS, Rockwood Park Day Tripping, Family Plus, etc. we find it almost impossible to do such and would leave Office Administration without trained personnel. Regardless the animals require adequate care, safety of zoo staff must be maintained and repairs and maintenance must be carried out. There is only one Zoo in the City of Saint John so there is no duplication of services. The future could see new buildings, new revenue streams and expanded programming and with the support of the City can we reach our potential in the future through their support with operational deficit. Our strategic plan looks to the City of Saint John to ensure that we can achieve our future goals. We have built and maintained a 2M dollar facility and have never asked the City for capital funding. We feel that we are an asset to the City of Saint John in tourism, recreation and education of our citizens, most importantly our youth and have a vision of the future that bodes well for all of our citizens and tourists. We also are an integral part of recreation in our city and add to the quality of life that will attract people to want to move to our city. We provide jobs, we employ both full time and part time positions, and we employ youth and meet many prerequisites for entry into university and many specialized programs and have helped many of our young people to reach their goals of becoming doctors, veterinarians, teachers, special needs aides, and so much more. Our value is tangible and our reach is far as we act as ambassadors globally with our work with International Species Survival Programs ... we promote our city in a positive light and show that industry and conservation can coexist side by side. 45 m Cherry Brook Zoo of Saint John Inc. Financial Statements December 31, 2014 47 W"aw &Associates Professional Corpor 62v P.O. Box 519, Main Post Office Saint John, N.B. E2L 3Z8 Telephone: (506) 849-3956 Fax: (506) 849-3966 June 25, 2015 Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc I have audited the accompanying financial statements of Cherry Brook Zoo of Saint John Inc. which comprise the statement of financial position as at December 31, 2014, and the statements of revenue and expenditures, changes in net assets and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian Accounting Standards for Not -For -Profit Organizations, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend upon the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified audit opinion. Basis for Qualified Opinion In common with many charitable organizations, the organization derives part of its revenue from the general public in the form of donations and bequests, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, my verification of these revenues was Iimited to the amounts recorded in the records of the company and I was not able to determine whether any adjustments might be necessary to revenues, excess expenditures and net assets. WAbaw & Associates Proir1sional Corporation Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc. (continued) Qualified Opinion In my opinion, except for the possible effects of the matter described in the Basis for Qualified Opinion paragraph, the fmancial statements present fairly, in all material respects, the financial position of Cherry Brook Zoo of Saint John Inc. as at December 31, 2014, and the results of its operations for the year then ended in accordance with Canadian Accounting Standards for Not -For -Profit Organizations. Chartered Accountant Cherry Brook Zoo of Saint John Inc. Statement of Financial Position As at December 31, 2014 Assets Current assets Cash Term deposits Interest receivable HST recoverable Inventory Property, plant and equipment (note 5) Liabilities 2014 Operating Restricted Fund Funds Total � $ S 2013 Total S 12,026 - 12,026 3,616 5,422 5,422 30,212 - 17 17 107 19,124 5,439 24,563 3,061 6,841 - 6,841 7,371 18,867 5,439 24,306 44,367 257 - 257 19,124 5,439 24,563 50,190 Current liabilities Accounts payable and accrued liabilities 8,832 - 8,832 19,031 HST payable 3,765 3,765 - Payroll remittances payable 3,316 - 3,316 3,874 15,913 - 15,913 22,905 Net assets Restricted - 5,439 5,439 30,319 Unrestricted 3,211 - 3,211 (3,034) 3,211 5,439 8,650 27,285 19,124 5,439 24,563 50,190 Approved by the Board of Directors Wilshaw & Associates Professional Corporation Director Director 50 Cherry Brook Zoo of Saint John Inc. Statement of Changes in Net Assets For the year ended December 31, 2014 2014 2013 Operating Restricted Fund Funds Total Total Net assets (deficit) - Beginning of year (3,034) 30,319 27,285 76,811 Excess revenue (expenditures) for the year (18,755) 120 (18,635) (49,526) Inter -fund transfer _ 25,000 (25,000) - _ Net assets - End of year 3,211 5,439 8,650 27,285 Wilshaw & Associates Professional Corporation 51 Cherry Brook Zoo of Saint John Inc. Statement of Revenue & Expenditures For the year ended December 31, 2014 Wilshaw & Associates Professional Corporation 52 2014 2013 Operating Restricted Fund Funds Total Total Revenue Gate 98,370 98,370 117,943 Donations 92,720 - 92,720 62,613 Special events 46,590 - 46,590 45,025 Retail sales 22,227 22,227 25,094 Food services 7,884 - 7,884 10,755 Mini Golf 5,282 - 5,282 5,623 Friends of the Zoo 10,210 - 10,210 15,040 Forestry School 2,969 2,969 Grant - City of Saint John 60,000 - 60,000 60,000 Grant - Town of Rothesay 5,000 - 5,000 5,000 Student Grant - Provincial Government 7,107 7,107 10,661 Student Grant - Federal Government 14,176 - 14,176 10,632 Student Grant - New Brunswick Aboriginal Peoples Council - - 11,818 Workability 2,100 - 2,100 440 Other income - - - 100 Interest 73 120 193 618 374,708 120 374,828 385,402 Expenditures Wages and benefits 229,273 - 229,273 264,290 Heat light and power 20,271 20,271 19,666 Vehicles 19,088 - 19,088 16,294 Feed 13,979 - 13,979 12,653 Retail purchases 9,824 9,824 11,063 Insurance 8,616 8,616 8,675 Advertising and promotion 4,652 - 4,652 6,077 Office expenses 14,788 - 14,788 16,157 Animal purchases 727 727 2,814 Bank charges and interest 4,108 - 4,108 3,688 Interest on long-term debt - - - 96 Dues and memberships 2,405 2,405 2,662 Special events 5,292 - 5,292 4,398 Animal care 5,586 5,586 9,404 Professional fees 7,368 7,368 6,433 Repairs and maintenance 14,195 14,195 18,010 Property tax 9,889 - 9,889 10,233 Telecommunications 7,224 7,224 6,566 Travel and training 1,660 - 1,660 44 Food services 5,606 - 5,606 3,702 Miscellaneous 3,346 3,346 2,528 Amortization 5,566 - 5,566 9,475 393,463 393,463 434,928 Excess revenue (expenditures) for the year (18,755) 120 (18,635) (49,526) Wilshaw & Associates Professional Corporation 52 Cherry Brook Zoo of Saint John Inc. Statement of Cash Flows For the year ended December 31, 2014 Cash provided by (used in) Operating activities Excess revenue (expenditures) for the year Item not affecting cash Amortization Changes in non. -cash working capital balances Accounts receivable Interest receivable HST recoverable/payable Inventory Accounts payable and accrued liabilities Payroll remittances payable Investing activities Decrease in term deposit Financing activities Repayment of long term debt Interfund transfer Increase in cash Cash -- Beginning of year Cash — End of year Wilshaw & Associates Professional Corporation 5,566 - 5,566 9.475 (13,189) 120 (13,069) (40,051) 2014 2013 - 90 90 128 6,826 - 6,826 Operating Restricted 652 Fund Funds Total Total (18,755) 120 (18,635) (49,526) 5,566 - 5,566 9.475 (13,189) 120 (13,069) (40,051) - - 3,000 - 90 90 128 6,826 - 6,826 (718) 530 - 530 652 (10,199) - (10,199) 4,128 (558) - 558 (716) (16,590) 210 (16,380) (33,577) 24,790 24,790 36,254 24,790 24,790 36,254 (1,416) 25,000 25,000 _ 25,000 25,000 - 1,416 8,410 8,410 1,261 3,616 - 3,616 2,355 12,026 - 12,026 3,616 53 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2014 1 Purpose of organization The Cherry Brook Zoo of Saint John Inc. is a non-profit organization committed to maintaining accreditation standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of conservation, research, education and recreation. The Cherry Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not-for-profit organization. The organization is registered as a charitable organization under the Income Tax Act of Canada and, as such, is exempt from income taxes. 2 Going concern The accompanying financial statements have been prepared using Canadian Accounting Standards for Not -For -Profit Organizations applicable to a going concern. The use of such standards may not be applicable because the organization has operated at a deficit for a number of years and has significantly depleted its internally restricted fund which was established in 2005 when the Zoo received bequests of $415,000. Management is currently taking steps to secure additional stable long term funding and is confident that it will be able to secure appropriate funding and to control operating costs and cash flows to enable it to continue as a going concern. Accordingly, these financial statements do not reflect adjustments to the carrying value of assets and liabilities, the reported revenues and expenses and balance sheet classifications used that would be necessary if the going concern assumption were not appropriate. 3 Summary of significant accounting policies Fund accounting Revenues and expenses related to operations and zoological park and administrative activities are reported in the Operating Fund. The restricted fund was initially set up in 2005 when the Board of Trustees internally restricted $415,000 of bequests received during the year. These restricted funds have been designated as a contingency fund that may be used under certain circumstances for operational items as determined by the Board of Trustees. Revenue recognition The organization follows the deferral method of accounting for contributions. Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Investment income is recognized as revenue of the appropriate fund when earned. Wilshaw & Associates Professional Corporation 54 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2014 3 Summary of significant accounting policies (continued) Grant revenue, gate fees and retail sales are recognized as revenue of the Operating Fund when received or receivable. Volunteers' time contributions are not recognized in the financial statements due to the difficulty of determining their fair value. Donated materials and services Donated materials and services are recorded at fair market value where the value can be reasonably determined. Inventory Inventory is stated at the lower of cost and net realizable value. Use of estimates The preparation of financial statements in conformity with Canadian Accounting Standards for Not -For -Profit Organizations requires management to make estimates and assumptions that affect the reported amount of assets, liabilities, revenues and expenses. Estimates are used for, but not limited to, accounting for amortization. Actual results could vary from those estimates. Property, plant and equipment Asset additions fully financed by current revenue are expensed in the year of purchase. Other property, plant and equipment are stated at cost less applicable government assistance and capital donations applied. The cost of assets purchased and expensed to date is $1,938,301 (2 013 — $1,938,301). Amortization is provided for on property, plant and equipment using the following annual rates: Building, enclosures and site improvements 5% straight-line Equipment 20% declining balance Vehicles, Mini Golf and displays 20% straight-line Zoo animals Zoo animals are expensed in the year of acquisition. 4 Financial Instruments and Risk Management The organization's financial instruments consist of cash, term deposits, receivables and accounts payable and accrued liabilities . Unless otherwise noted, it is management's opinion that the organization is not exposed to significant interest, currency or credit risks arising from these financial instruments. The fair value of receivables and accounts payable approximates their carrying values, due to their short-term nature. Wilshaw & Associates Professional Corporation 55 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2014 5 Property, plant and equipment Wilshaw & Associates Professional Corporation 56 2014 2013 Accumulated Cost Amortization Net Net Buildings, enclosures and site improvements 163,247 163,246 1 1 Equipment 8,385 8,385 _ Vehicles 27,829 27,573 256 5,822 Mini Golf 26,061 26,061 - _ Displays 5,590 5,590 - _ 231,112 230,855 257 5,823 Wilshaw & Associates Professional Corporation 56 57 A.O Lookimv to the Future! C�- Cherry Brook Zoo Strategic Planning Committee *opy write 2012 redraft 2015 m November 2013 updated 2014 Strategic Pathway: Short and Long Term Planning for the Cherry Brook Zoo GOAL: To create a sustainable facility that encompasses the Mission Statement of the Cherry Brook Zoo - to maintain accreditation standards - to maintain the mandates of Conservation, Research_ Education and Recreation. The strategic pathway for this facility must include facilities that are themed for product packaging and marketability. The short term plans are prioritized be met in a 1-2 year time frame; Mid Term Plans are set in a 2-5 year time frame; the long range plan is scheduled in a 5-10 year time frame. Financial planning should include a more stable approach to the operational budget with not only expansion of animal related scenarios but revenue generating projects as a target goal. Rationale: The rationale behind this strategic plan should take into consideration the need for large scale tourism incentives available to the City of Saint John and the Fundy Region. The focus on product packaging by the Economic Development Department of Provincial Tourism is an indicator of the pathway in which this strategic plan should be developed. The plan should be concise and give programming designed for marketability. The Cherry Brook Zoo is located in the perfect setting to become one of the top tourist attractions in the southern region of the Province of New Brunswick. Tourism as an industry has been projected to have one of the highest potentials for bringing revenues into the region and the firture goals of this facility should encompass this rationale. The Disney concept is based on strategic planning which should be incorporated into this strategic plan, not in the sense of amusement park facilities, but in the planning of themed and customer based attractions. By creating communities unto itself which will allow for a more stable financial budgeting process for the zoo by offering customers the whole experience as opposed to a partial experience. It is important that year round activities be instituted with special events on a monthly basis. The total package would in the future include activities broken down by season to encourage year round use of the facility. Total costs short to mid-term projects Estimates $1,250,000.00 Cost overruns 5% contingency $ 75,000.00 $1,325,000.00 Does not include sponsored reptile display or Pony rides/ Camps 2 @copy write 2012 redraft 2015 59 In summary The Cherry Brook Zoo must look to the future with plans that are insightful and allow for programming. As the zoo itself is dependent on weather conditions we must generate visitation even when the weather is not agreeable. By developing the overall facility as a destination with programming, overnight stays, special events and year round activities the zoo will be better equipped to sustain itself in the future. The vision of a community in itself will allow us the needed revenues to continue with the work of conservation, research and education. This is a means to an end. By coordinating a facility that can offer year round accommodations and activities we will not only benefit from this but the City of Saint John and the Province of New Brunswick will see the benefits of destination packaging to both local and tourism sectors alike. We will have created a unique facility, one that will draw tourists to our area and hopefully keep them in our city and province thereby creating spin off benefits to all concerned. One should also note that strategic planning is a pathway to the future and must be flexible in order to change with the times. This strategic plan is meant to bring the Cherry Brook Zoo into the new millennium and should be used as a planning tool. Each phase will more than likely be subject to change based on timing, funding and the current needs of the facility, but should give us a goal oriented approach to attainable development. Partnership with Tir na nOg Forestry School to be looked at and evaluated on current and future agreements which will augment finances to the zoo. As noted we will also seek partnerships with other organizations such as the Saint John Pony Club, etc. SHORT TERM 1-2 Years To achieve our goals the land issue must be cleared with either long term lease agreement or token dollar amount to purchase land needed for our plans. Short Term 0.1 Awareness Centre To revamp Awareness and Discovery Centre to include reptile housing and to add future insectarium to educate the issues facing both local and global species and the important role they play in the health of our planet and impact on pollination and control of species. To include an interactive area for both children and adults and to reinstate Children Have Their Say would also become an integral part of this building. ** Sponsored by Home Depot and under construction at this time. 0.2 ®copy write 2012 redraft 2015 .N 4 Pony Rides and Summer Camp Pony Rides and new addition to Summer Camp Programs — In 2016 we will be bringing in ponies for both rides and to expand our Summer Camp to include older children 13-16 years of age. We have a private citizen who is committed to building all necessary buildings and purchasing the ponies and all tack. We hope to approach the Saint John Pony Club in the future as a partner to decrease costs and increase revenue and a percentage of profits would be allotted to the club. Expansion of programming to our Summer Camps will build on a targeted age group for which there is little available and for urban youth to have the ability to work with and become familiar with hands on experience with ponies and horses. It may also lead to an urban experience for children with learning or intellectual issues to create a program to create a positive experience through animals. The possibilities are endless and we are pleased to be on the cusp of adding a new dimension to the zoo and our communities. Details are being worked out now with funder and concrete plans should be in place in order to open in the spring of 2016. * * Funded 1. Primate Sanctuary To build a completely new Primate Sanctuary at the northern area adjacent to the Vanished Kingdom Park that would provide ten foot ceilings to utilize as interior primate enclosure's and would allow year round viewing with central hallway viewing areas and also allow interior working hallway with chute area on exterior walls. This would enable as to facilitate larger areas both interior and exterior and to expand our primate populations. If possible a small food preparation area could then be used and there storage area for food stuffs. We would ideally like to see interior walls done in sprayed concrete to add texture and aesthetics and enable cleaning of the area to be undertaken. Outside areas would also be increased in size and allow more natural space.. We would like to look at a unique environmental refurbishment utilizing shipping containers as the outside framework for the primate building. This would be the ideal concept that would allow design flow and create a unique concept that would become the iconic space for working with international species programs in primates, a functional central area for education and opportunities for children activities as well as functioning area for zoo supporters. We would be a first to build an environmentally sound building utilizing refurbished shipping containers which would give a solid framework and allow for endless possibilities for shape, height and solid construction, would actually be a cost saving construction and bring global interest in design, construction and new environmentally conscious repatriations of formerly discarded structures. This would be on the forefront of environmental refurbishment in zoo construction in our city. Short Term 2 yrs. Cost estimate $375,000.00 Seeking engineer at this time for conceptual and detailed drawings @copy write 2012 redraft 2015 61 2. Old Primate House The old primate building would be freed up and would be converted to house a different display with many concepts that have been put forward and a clear consensus not been decided on; some possibilities are — an aviary, a mixed mammal exhibit, housing sloths/ Lemurs, etc. As sloths are not only a species at risk our desire to work with these species may be the determining factor when deciding what species would be housed in this space. This would enable us to expand animal population to include species that we have not been able to obtain due to proper space. Short Term 1- 2 yrs. The costs to convert to any of these projects would be possible and cost would reflect species decided on $50,000.00 3. Safari Cabins high priority To build a complex outside the perimeter fence with 7 overnight cabins — one for caretaker to be in residence to oversee facility (can be expanded in future to 10 cabins) The cabins would be designed to have rustic cabin style with two bedrooms and all amenities including a barbecue and deck area. A central fire pit and a swimming pool would also be incorporated. A shelter, the Safari long house, would be constructed to facilitate board games, play area, etc. for inclement weather. Horse shoes, Bocchi Ball, Badminton Courts, fishing rods for the lake across from the camp would be made available to the guests as well. Entrance to the zoo would be included with their camp rental. Our target groups would be family and eco - tourism as they would have access to all that the 2200 acre Rockwood Park has to offer. This would also bring revenue to the zoo as all profits would go directly to Cherry Brook Zoo Inc. for operational/capital budgets. The impact on tourism will greatly enhance the opportunity for Saint John to enter markets with the Safari Camp as a destination which will generate overnight stays in our city; this in conjunction with seasonal Night Safaris will result in extended overnight stays in the City of Saint John and the chance to keep visitors in the province. This opportunity to create a year round tourist destination in the province of New Brunswick will contribute to our overall tourism numbers. The location of this facility in the northern section of a 2200 acre park gives visitors the opportunity to utilize what is currently an under-utilized municipal park. With the construction and opening of The Safari Camp the Rockwood Park will be opened up to all who visit. Hiking and nature trails are a step away, fishing and swimming are also in close proximity. An 18 Hole Golf Course, Horseback riding, hay rides and sleigh rides are also found within the park area. Cross country skiing and sliding are right next door. The possibilities are limitless and new avenues will be opened to the tourism operators found within the park with which partnerships can be formed. s @copy write 2012 redraft 2015 62 6 With each new opportunity comes the opportunity for employment for our citizens. The building of The Safari Camp will be a beginning of a new tourism destination and the infinite possibilities for job creation in our city and province. Other possible use is student housing during winter months for UNBSJ students. Short Term 1-2 years Cost Estimate $325,000.00 4. Food Services Throughout the years our food services have not been successful and after doing a market study it is found that the location is seen as the issue. The current Canteen and Seminar Room is daunting to the visiting public as well as the church kitchen making it impossible to do a menu that visitors expect. The relocation to outside the perimeter fence to a more accessible area is the consensus for a more viable operation. The current Commissary and Staff Rooms would be gutted and renovated into a properly functioning food service building and would still allow us to service small seminars and birthday parties, our overnight cabins, as well as the general public. We would look at a license for beer and wine as well. A new menu would also add to the viability of the venture for the public. The current Safari Meeting Room building would continue to offer seminar and meeting facilities and also serve as the center for our Junior Zookeeper Day Camp during summer months enabling us to expand this program to older age groups 14-16 years as there is a definite lack of summer programs for this sector. It would be used as the central area for the Tir na nOg Forestry School from September to June. We have heard from many parents that their child wants to come back to our camps at this age. It would also allow us to prepare these youth to transition to our Volunteer Program at the age of 16, therefore ensuring new volunteer youth in this program. Cost Estimate 5. Indoor Miniature Golf Course $75,000.00 As most of the activities of the Cherry Brook Zoo are weather dependent we feel that enclosing our 18 Hole Miniature Golf Course would allow public use on a frequent basis. We have the course, the statues and all amenities and it only makes sense to create an indoor course due to weather conditions in our region. This would allow year round use and expand on potential customers. It would offer an affordable recreational experience for our communities. The area of the course could be expanded and would continue to remain outside the perimeter of the zoo adjacent to the new restaurant so that patrons could utilize this facility without cost of entering the zoo. It would provide a new revenue stream for the zoo and at the same time a family activity and exercise for our citizens. Mid Term 2-3 years Cost estimate $175,000.00 @copy write 2012 redraft 2015 63 5. Expansion of Animal Population It is our desire to expand our animal population to give better value for dollars spent by visiting public. That being said it is felt that our role in working within the conservation aspect means it is vital that we incorporate more Species Survival Programs to our facility. The addition of new animal species will breathe new life into our facility and the space utilized to work in conservation and education is our main objective. We have already begun obtaining new species that that are unique and begin breeding programs with new species. Once new primate sanctuary is built it will expand species Short Term 1-2 years Beginning financial support 7. Access to Zoo? ongoing on a yearly basis $ 50,000.00 It is imperative that a more convenient and accessible transportation between the Cherry Brook Zoo and the entrance to Rockwood Park be devised to facilitate general public, cruise ship passengers, tourists that are in the park and the general bus service that goes to the entrance of Rockwood Park. Due to a large hill on the nature trail horse carts are not able to access this area. We realize that gas or diesel powered equipment is not valid through the nature trail so have begun looking at alternative routes. We are looking at various modes of transportation such as a gas powered double hitch tram. This would not just be transportation but a guided tour of area between the zoo and the entrance to the Park. There would be a fee charged that would cover costs as we see the increase in visitation as revenue generated for the zoo. The one obstacle to overcome is the route between the zoo and the entrance to Rockwood Park. We would like to think of a guided tour of interest to visitors as they wend their way to the Zoo. This is also a possible partnership to be evaluated. Midterm 2-5 years Cost estimate $75,000.00 @copy write 2012 redraft 2015 s 8. Expansion of Vanished Kingdom The Vanished Kingdom Park has proven to be a valuable educational tool as well as a popular part of our zoo proper. It adds to our theme of Past, Present and Future. We would like to expand the area with animals from Canada and open a Canadian section to this site. This would incorporate the concept of think locally act globally to the forefront. An estimated minimum of 10 display areas would be required to make it viable. Midterm 2-5 years Total costs short to mid-term projects Cost overruns 5% contingency Long Term 5-10 years Cost estimate 125,000.00 Estimates $1.,250,000.00 $ 75,000.00 $1,325,000.00 FUTURE PLAN — possible concept to expand zoo to utilize an urban farm in future 9. Working Farm We have given much thought to this addition which is a move away from working with exotic species. With the loss of the small family farm and urbanization taking over, the concept of a small working farm where city youth could encounter a hands on experience of interacting with farm animals and working on a small scale will allow us to operate under the organic farm ideals. To work to involve all of the surrounding communities we would incorporate a community garden and also grow our own vegetables and fruit (suitable in this areas climate) to give ownership to the urban dwellers. An urban farm will be something unique in our area and will again allow us to do hands on educational programs. The details are to be worked out but we feel that dairy cows are a must so that young people who have never milked a cow can be given this opportunity. Free run chickens, pigs, sheep and goats will also be incorporated. At this time this is in the conceptual stages and details are still to be worked out. ©copy write 2012 redraft 2015 65 9 Marketing: Target markets must be clearly identified and avenues of marketing should be identified. Adequate budget must be available to reach the local and tourism markets. The marketing of the zoo falls into three categories: a) the tourism market/ eco -tourism and families/cruise ships/ b) the local market c) other markets Social Media Social media is a growing sector and is one of the ideal opportunities to not only promote the Cherry Brook Zoo and all it offers but gives us the chance to highlight our animal species and Species in Crisis. As of now in 2015 we have a web page, the Cherry Brook Zoo Face Book Page, two blog which appears on blogspot.com and WordPress and is automatically sent to our web site, Twitter. Linkedln, Google, to name a few. We need to change website provider to allow easier access to our site and more interactive tools which will be undertaken in 2016. We hope in the near future to install web cameras that will send images to the web so that we can obtain a larger global reach. These cameras will have their own IP address and will be portable and wireless so that we can have cameras outside and inside with night vision and robotic movement set on the schedule we choose. Tourism Market: The tourism market is the primary market for promotion. The highway signs were a priority and have been in place since 2000. The provincial tourism guide is also an effective tool to attract this sector. Multi Day Adventure programming will be aimed at the tourism market once the Safari Cabins are operational. The Provincial Day Adventures will be assessed on a yearly basis and once the long term strategic plan is in place product packages for multi day adventures can be put in place as our target markets expand. Local Market: The highway signs serve as a marketing tool for the local market as a constant reminder that the Cherry Brook Zoo exists and is open. Increase in visitation for @copy write 2012 redraft 2015 io local market should result. The Day Adventure Guide is available in local markets as well and again increase in the zoos visitations will result. Programming for local markets are identified for the 2016 year. Junior Zookeeper Day Camp is a successful program which is targeted at the local market. This week long day camp will be advertised through the Kid's Directory as well as signage in the zoo itself. Small ads placed in the Saturday morning paper will also reach our identified markets as well as local radio stations. The camps are also promoted in all areas of social media. PSA's will also be utilized for this program. We have received requests that this program be expanded to incorporate a new section for children ages 13 to 16 and this will be hopefully ready for the spring of 2016. Birthday Parties are targeted at the local market. This package has not been advertised to date, only through word of mouth and brochures available at the zoo, and all social media that we utilize; this area has shown successful growth and the potential to expand offering in types of parties and food items and the pony rides will enable us to offer more. From a miniature golf, tour of the zoo or pony rides party we can suit everyone's needs. Our Halloween Haunted Zoo has gained in popularity each year and we have now created two events with one daytime event aimed at young children and our Night Tours. Advertisement for this is done on social media, print, and radio. Expanding this to a two targeted audience has enabled us to utilize the zoo in a more effective way and is something that we can build on in the future. Other Markets: Schools and Groups: This has been identified as another growth potential market. Direct marketing will be the main target, with identification of each market segment and direct approach implemented. The Traveling Touch Table is a product package and aggressive marketing to the target group should be implemented in the fall and winter of 2016 and in the future we will identify animal species that can accompany the presenters for added value. Strategic Marketing: The identified sectors of Tourism, Local, and Other markets will require expanded and identified marketing targets. The tourism sector would continue to utilize the highway signs and the Provincial Tourism Guides. The markets would expand from day adventures to multi day adventures and inclusion in the Winter Gold promotion by Provincial Tourism. Aggressive marketing would include Tour Planners and Bus Groups, Convention Planners, and Travel Planners. All these groups would be identified by Provincial Tourism and City of Saint John Convention Planners. @copy write 2012 redraft 2015 67 SUCCESSION PLAN: Succession Plan- this has been discussed at Board level and it was agreed that this would be a gradual process. Within the next few years we will begin the process of bringing another party to live on site. After this is done we will be able to access and train over a two year period and then current Dimetors will move off site but maintain part time status and then as consulting stage until all are assured that the transition is complete. In order to do this we most have funding in place to provide onsite living and wages. II @copy write 2012 redraft 2015 Haley Maidment 54 Bayview Drive Saint John, NB E2M 4E1 To whom it may concern, Unlike a lot of my friends who spent their last summer before University going on crazy adventures, relaxing day in and day out, and making memories to last a lifetime; i spent my summer going on adventures and making unforgettable memories in one of my favourite places to be in the world. I spent my summer at the Cherry Brook Zoo. I was fortunate enough to be recognized by the Aboriginals People Council as an aboriginal student and thus gained the opportunity to work at the Cherry Brook Zoo for my first of hopefully many summers. it was not however my first encounter with the zoo as 1 have volunteered since the summer of 2014 and this past winter I also completed a co-op program through my high school with them as well. During my co-op experience i learned a lot about the animals we have in the zoo as well as what is truly needed for them each to have a wonderful life in our zoo. I had the opportunity to feed, water and clean out many enclosures; and as it was winter there was also countless opportunities to shovel snow. During this time at the zoo I further had the opportunity to help zookeepers with the roadkill we receive that is used to feed the cats. This taught me a lot about the anatomy of the deer (which is very similar to that of a human) as well as to value the death of an animal. I formed bonds with many animals as I visited them daily and really began to question whether I want to work as a doctor or a veterinarian. This summer however, was a little different. Working in the medicine garden 1 was not learning about the animals anymore, I was learning about myself. I learned about the lifestyle of aboriginal people and what it truly means to be one. I learned about the colors of the wheel and how each color represents a stage in the life of a human as well as how each calendar month represents a moon. I discovered what my calendar birthday represents in different tribes aftell as my zodiac sign and really began to understand a bit about my culture. Furthermore, the two of us girls working on the garden were fortunate enough to actually take part in a drumming ceremony performed by the elder Sheila. It was breathtaking how quickly drumming in unison with a group of people relaxed the drummers and some who had been in the ceremony before even began to sing along. i will not forget the faces of the visitors around us as they watched in awe as the garden seemed to come alive with the music. Every morning that i had the opportunity, I would walk down to the garden and sit and listen to all the animals that call the garden and the zoo their home. It was equally as alive and relaxing but in a silent way. There was many times a small chipmunk got very close to where I was sitting to eat the rose bush that was planted nearby and it was mesmerising to watch it eat and benefit from the hard work that everyone puts into the garden. I learned about countless plants and how people can benefit from their many uses. Many of which a lot of people do not know about to this day. I also learned about the cleansing properties of the plants used during a burning ceremony and how i can incorporate them into a daily lifestyle to help with headaches and many other things. i truly hope that I am able to rejoin the zoo crew next summer as it was an unforgettable experience and I really enjoy working with the staff that is here. I love working with people who all want to see our zoo thrive and work on project after project to show how amazing our zoo truly is. i hope to learn more about my culture so that if one day i do decide to have children; and if they ask about my heritage they will not be met with the answer of "I do not really know" that I received. 70 Robyn Mason The summer before last I worked here. Same job, same familiar desk, same old rickety revolving chair; it even smelled the same. When I worked here that summer it was my first immersion in Native American culture. I didn't even know the name of the tribe I originated from until I had to include it in my paper work (by the way it's Passamaquoddy Maliseet). I learned a lot that summer, about my roots, and this time working here wasn't any different. I think the knowledge of all of it sunk in a little more; being respectful to all living things, the circle of life and all that. It's interesting to have a job that pushes you further into your ancestral past, not manyjobs could fill that quota. After regarding that, the work at the Cherry Brook Zoo was exactly what you'd think working at a zoo would be like. It was hot working outside; demanding a certain get-up-and-go attitude to get things done no matter what the temperature. Inside the gate people filed through with happy screaming children, elderly couples with their grandchildren, young families. People from all over the world would come in to walk through and see our animals. It was the most interesting thing to hear all different accents, hear all the comments about how colorful our money is and how odd it was to have a $1 coin. It was a very rewarding job, being the entrance to something so exciting and exotic. Everyone who works at the zoo is very involved with it. To staff and volunteers it's not "The Zoo" it's "Our Zoo". Thinking of it as something that's apart of them, rather than just a place they work at. I love seeing that sort of job satisfaction and connection to such a special and unique place in our city. Needless to say everyone who works and volunteers here loves animals, and it's definitely a job that requires a soft spot for our mammalian friends. The zoo is a community; the people who come here to visit are our neighbors and friends. We greatly appreciate every dollar donated, every family trip, and every smiling face because it keeps us creating great memories for everyone who walks in the door. 71 Leah Currie Summer Student at the Cherry Brook Zoo Position: Night Keeper This has been my first summer working at the Cherry Brook Zoo and I will walk away with an overall great experience. Although I was only there for an eight- week period, I learned many things about animal husbandry, equipment upkeep, teamwork, and a comprehensive understanding into how a zoo is run. First and foremost, the staff was excellent to work with. Everyone was friendly, kind, and patient while I learned how to complete my duties. Although I have cared for animals my entire life, the keepers taught me many new techniques and skills that I will be able to use to ensure that the animals I care for in the future lead comfortable lives. During my work term I collaborated with the keepers on numerous projects; the first of which was redoing the primate house. As a team we came up with a new colour scheme, and a plan to remove all the old furniture and shelving from the inside enclosures. Once the enclosures were gutted, we were able to complete the painting in one weekend. I was taught by one of the senior keepers to use a skill saw to cut new shelves for the enclosures. Once the shelves were back into place, we redecorated the enclosures with new furniture and nesting boxes. Through this experience I learned how to use tools that I had never before used, and gained some construction experience. This was a positive team involvement where I was able to express my input and have feedback given to me on my ideas. Another project I was involved in was the beginning plans for our new reptile house. The building that previously housed the Awareness Center is currently in construction to become a reptile house. I was able to brainstorm with the keepers about tank placement and required structures that would have to be built to create proper enclosures. Since I did not have very much prior reptile experience, I learned a lot about their care and upkeep needs through this process. This job provided me with lots of hands-on experience with animals, which is ideal considering that I am aspiring to be a veterinarian. I was able to work side by side with a vet twice during my work term. Since I have extensive knowledge of horses, I was able to successfully and correctly diagnose one of the miniature horses with impaction colic through observation of her behavior and physical symptoms. I aided the vet during the horse's treatment and monitored her for the next couple of days. My second experience with veterinary care at the zoo was with the foxes. Myself along with another keeper treated them for fleas with an ointment treatment, and also for internal parasites with an oral pill given daily. One of the foxes also had a hot spot on her tail that was treated daily with a topical spray. Throughout the summer I helped with animal enrichment projects, and also did some on my own. I was encouraged to be creative, and think quickly and independently at this job. My passion for animals was nurtured and expanded as well. My experience at the Cherry Brook Zoo was well rounded and enjoyable; I hope to work there again next summer. 72 Benjamin Fitch 157 Woodbine Lane Upper Kingsclear, NB E3E 1S2 To whom it may concern, This was my third summer working at the Cherry Brook Zoo in Saint John and it has been one of my most productive times at the zoo so far. I keep returning to work here every summer both for the opportunity to work so closely with animals and because of my relationship with the staff that 1 count as friends and mentors that have assisted my greatly in my extended education with animals and husbandry. This summer as proved to be very busy with large projects that required close team work and coordinating to accomplish, such as re -painting the monkey house, moving and setting up the new tool room, preparing the lion enclosure for future renovations, and helping set up the future reptile house for the zoo. All these projects helped build my team work skills as it required communicating and working closely with my co-workers both during work hours together and apart that made for an effective execution of well discussed plans. As well as jobs that required team work 1 also had the opportunity to work on my own on small tasks that proved to be rewarding. I single handily built a large hay rack for our new zebus that allowed me to build on my familiarity with tools and amateur carpentry. I went further with this project and included the zoo camp children to help in making this a nice present for our new animals, they were allowed to paint their names as well as leave hand prints the ended up being a good advertisement for the program. Other solo projects included providing a guaranteed clean source of water for our emu by raising his water barrel using an old hay rack, and building a water bottle holder for the guinea pigs. As in my previous summers the most enjoyable part of this job is working with like-minded people who make coming to work something to look forward too. I hope to return for my fourth summer next year. 73 August 22"d, 2015 To whom it may concern, This summer was my sixth working as a zookeeper at the Cherry Brook zoo. Like the ones before it, my internship at the zoo has been successful in a number of ways. I continue to develop a number of practical and leadership skills that will serve me in the future as I pursue a doctorate of veterinary medicine at the Atlantic Veterinary College in Prince Edwards Island. My regular tasks included the care of multiple taxa of animals. Husbandry tasks included diet management, cleaning and biosecurity, behavioural enrichment endeavors as well as medical and non- medical record keeping. I also had the opportunity to assist in minor veterinary procedures, learn to administer injections to a variety of exotic animals and discuss deworming strategies with a dynamic team of coworkers and leaders. These incredible work experiences will serve me immensely in my future veterinary career, I also learned a variety of maintenance and practical skills taught by team of patient coworkers willing to teach and to work with me. With these skills was able to tackle larger projects and assist with various maintenance endeavors. I carne to the zoo to spend my summer with the same goal in mind: to make a positive change. The zoo has offered me that platform and backed with a vibrant team of coworkers I feel like I attained that goal making my work here at the zoo fruitful, humbling and satisfying. I am grateful for every minute I spend in the zoo surrounded by the animals I have grown to respect immensely and as such will always carry with me everything I have learned spending my summer days at the Cherry Brook Zoo. Nadine A. Richard 74 To whom it may concern, This was my first summer working at the Cherry Brook Zoo as a camp counselor. I feel that I made good use of my time working at the Cherry Brook Zoo as it was a very productive summer; providing many learning opportunities to further my knowledge on both children and animals, therefore expanding my horizons in career options. I also thoroughly enjoyed my summer working as a camp counselor because -, enjoy working with children, and since I am considering pursuing a teaching route, having the opportunity to work in a similar field is good experience. All in all this summer has been one of the best summers yet, as the environment at the Cherry Brook Zoo is very pleasant, with many like minded peers to interact with. Thus, I feel that I have become a more accomplished individual since working at the Cherry Brook Zoo as I now have experience in two possible fields of interest, and am now acquainted with several like minded peers working their way through university as well. I also feel as if I have become a more responsible individual after consistently working at a full time job for the duration of the summer, thus, prompting me to take my studies a step further. In conclusion, I am thankful for the opportunity I was given to work and be apart of the Cherry Brook Zoo for the summer of 2015. Sincerely, Chantelle Webb 75 Sarah Cusack To whom it may concern, Most teenagers spend their summers at the beach surrounded by their friends, with their biggest concerns being which movie they plan on seeing, or when they're going to the mall. I, on the other hand, was lucky enough to spend my summer surrounded by exotic animals, curious children, and coworkers that I have come to view and respect as mentors. I have been able to receive firsthand experience in my desired field of work, as well as had the chance to learn all about the responsibility it takes to watch over 20 kids each week, including creating bonds that I hope will continue throughout my time at the Cherry Brook Zoo. I began as a volunteer, starting out in the spring of 2014, right after I turned 16, as I couldn't wait to contribute and be a part of the zoo. Mind you, I'm only 17, and considered the "baby" of the zoo crew, but none the less, I was fortunate enough to be offered a job there as a camp counselor. While working there I've been able to gain a lot of experience and knowledge about a bunch of different things. For example, I can tell you all about the species survival program. If there's one thing that I'm the most proud of, it's being able to teach kids about how to respect and learn from the animals that they see at the zoo. This summer, I have seen countless kids walk into the first day of camp, some regular campers, but many fresh faces too. Regardless of whether they were new or not, they all left camp with crazy memories and stories that they won't forget. It was really something special seeing them light up with smiles as I answered all the questions they asked about each animal. By the end of the week you knew the kids really well, and you even got attached to some of them. They looked up to me with respect, and with eager minds. It was fun playing the games with the kids, and getting them to interact with the animals, while also teaching them! Even though I was getting paid for the hours that I was there, I didn't feel as though I was working. The Cherry Brook Zoo has become my second home, and the people I work with my second family. I have learned so much from both the zookeepers and the other counselors. There's never a dull moment, always something new going on. This summer I've learned a lot about myself, and about what I'd like to do in the future. The two girls that I was lucky enough to work with have become more than just coworkers: they've become my friends. It was great to get the chance to work at the Cherry Brook Zoo this summer, and I would Iove to come back next year! 76 Makayla Peacock When I look back on my summers as a University student, I will not remember the days I spent at the beach, nor will I remember the times I spent driving around with friends. I will remember the sounds of a lioness's mighty roar, the urgent call of a peacock, and perhaps most vividly, the sounds of awe in children's voices as they ask me an endless amount of questions about the animal that is in front of them. do not sit behind a desk at a computer for my job. The animals I see in front of me each day provide me with a plethora of information, as do the kids I am lucky enough to learn from. I am supposed to be the counsellor, providing the eager minds with an abundance of knowledge on the animal kingdom. Instead, I find myself as the student, as I learn what it is to be naive, carefree, and full of questions that I have grown afraid to ask. As my second summer as a counsellor kicks off, I have come to grow attached to the kids that pass through the program, and I find myself searching for their names on the roster for upcoming weeks. Junior zookeepers that have completed the program multiple times prove to be a valuable asset by eagerly helping the younger campers, and the younger campers are excited to offer new ideas that bring a fresh face to zoo camp. Each child brings something unique to the table, and they most certainly know how to make the most out of every situation. i have worked with kids in other environments, and I have never had this many positive stories as I do from zoo camp. I have friends who are counsellors at other locations, and while they have horror stories of their campers, I have stories of how curious, caring, innovative, and hilarious my kids are. I can tell countless stories of how I have laughed until tears ran down my face, or the look of pride in a child's eyes as they hand me a card or a drawing that they made me, or my personal favourite, the quiet gleam of triumph that each child has when they are handed their certificate saying that they have completed the program. People ask me how I manage to deal with kids all day, and while some days I may say I do not know, most days I ask them how they deal with people who are afraid to get messy all day. You have not seen carefree until you have seen a child go belly deep in muddy water to catch a frog, or a child feeding a llama a piece of a cedar tree from between their lips My summers are not glamorous. 1 do not spend my time travelling to exotic places or getting my nails done. Instead I am running through the woods. In water up to my knees, walking llamas, and learning far more from the children I have been hired to teach than what I could ever learn from any office job. 77 Mr. Jonathan Taylor, Common Clerk City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 September 30, 2015 REQUEST TO PRESENT TO MAYOR AND COUNCIL Dear Mr. Taylor; Thank you for your assistance regarding my request to present to the Mayor and Council on behalf of The Commonwealth Freedom of Movement Organisation. Would you please add my request to the upcoming open session Council agenda? With sincere appreciation, Joshua Thomson Mayor Mel Norton Members of Saint John Common Council City of Saint John P.O. Box 1971 Saint John, N. B. E21, 4L1 September 30, 2015 REQUEST TO PRESENT ON BEHALF OF THE COMMONWEALTH FREEDOM OF MOVEMENT ORGANISATION Dear Mayor Norton and Members of Common Council; I represent Eastern Canada for the Commonwealth Freedom of Movement Organisation. At the CFMO, we believe in advocating for the citizens of the United Kingdom, Canada, Australia and New Zealand to benefit from a freedom of movement initiative, advancing the ever growing cultural, historical, economical and political connections that we already share through our Commonwealth ties. Would it be possible for me to present before Common Council at your convenience, after October 19, 2015? Yours truly, Joshua Thomson 88 Queen Street, Saint John, N.B., E21, 154, Canada n_ s .y Representative for Eastern Canada C Commonwealth Freedom of Movement Organisation Website: http://www.CFMO.org Email: ioshua.thomson@cfmo.org Facebook: www.facebook.com/CFMO.org Twitter: www.twitter.com/C_F_M_0 79 Dear Saint John Common Council: I was informed by Mayor Mel Norton a few months ago that I could do this presentation to the Saint John City Council when the time came. I am the Representative for East Canada of the Commonwealth Freedom of Movement Organisation. Please follow this link to find out more information, " httwww.cfmo.or . " We have a petition online which now has over ft000 signatures and it has been submitted to the Parliaments of the U.K., Australia and New Zealand. Following the upcoming Canadian Federal Election, we will then be submitting the petition to our Parliament. I would like to do a presentation to the Saint John City Council after the Federal Election is finished. This is for the simple purpose to create more localized awareness and interest among Saint John citizens and to encourage engagement. Please see below for more detailed information related to this cause: At the CFMO, we believe in advocating for the citizens of the United Kingdom, Canada, Australia and New Zealand to benefit from a freedom of movement initiative, advancing the ever growing cultural, historical, economical and political connections that we already share through our Commonwealth ties. Founded in 2014, we have worked with politicians, think -tanks and government organisations from across the world to advance policy development and free movement initiatives for the citizens of the UK, Canada, Australia and New Zealand, and will continue to do so with our ever growing support base. Because of the unique relationship and socio-economic bonds that the UK, Canada, Australia and New Zealand share, we believe that each country can benefit from a free movement agreement with each other, similar to the policies of the European Union and the Trans -Tasman Travel Arrangement (T ]rA) between Australia and New Zealand. Our mission is definitive and progressive; that the governments of the aforementioned countries will finalise agreements (and inevitably, legislation) which make it possible for citizens to move freely with no restrictions regarding work permits or visa controls. Through mutual travel agreements and mobility schemes, British, Canadian, Australian and New Zealand governments can offer valuable economic connections, strengthen political relationships and benefit from cultural and historical traditions, while strengthening trade, investment, military and diplomatic relationships for the future. Freedom of movement is already a growing global ideology (as seen with the TTTA and the European Union). The UK, Australia, Canada and New Zealand share the same head of state, the same common-law legal system, M the same western culture, the same respect for democracy and even the same language ... it is therefore unreasonable for each to not share the same economic, political and cultural benefits that a free movement policy would bring. Being part of such a strong international relationship, we believe that the borders of these four Commonwealth nations will be more transparent, open and fair within the decade. We are determined to advocate and campaign on behalf of this belief until a freedom of movement initiative is realised. As the Representative for East Canada in Saint John, my task has been to raise more localized awareness and I have managed to do so through an article with the Telegraph Journal and interviews with CHSJ and The Todd Veinotte Show. Is it possible to arrange a spot for me to do a presentation on City Council sometime after October 19, 2015? Please do not hesitate to contact me should you have any further questions or concerns. Thank you for your time. Cheers, Joshua Thomson Representative for East Canada Commonwealth Freedom of Movement Organisation Website: http://www.CFMO.org Email: ioshua.thomson(@cfmo.org Facebook: www.facebook.com/CFMO.org Twitter: www.twitter.com/C F M O September 30, 2015 Dear Mayor Norton, I am writing to you as a representative of Canadian Doctors for Medicare (CDM). CDM is currently engaged in policy and advocacy work on universal public coverage of prescription medications, also known as pharmacare. Along with supporters across the country, CDM is continuously working towards making national pharmacare an important election issue. We would like your support in joining other municipal councils in supporting a national pharmacare program and passing a pro-pharmacare motion at your municipal council. We are happy to provide you with any information and assistance in passing this motion of support. Canada is the only developed nation with a universal public health insurance system that does not provide universal coverage of prescription medications. We pay the second highest cost for medications in the world after the United States. It is estimated that 1 in 10 (or 3 million) Canadians cannot afford their medications. A recent study in the Canadian Medical Association Journal has shown that a universal public drug plan is economically feasible and taxpayers could save $7.3 billion per year because of the impact of greater purchasing power. We believe that municipal governments have a critical role to play in the fight for national pharmacare. Local governments currently spend as much as $500 million per year of municipal budgets on private insurance coverage for their employees. Cities could upload their prescription drug costs to provincial and federal governments and considerable savings can be realized. Mobilizing support from municipalities is an important way to demonstrate the groundswell of support for pharmacare that is growing from coast to coast. Pro- pharmacare motions have been passed in many cities across the country including: Vancouver, B.C., Burnaby, B.C., Nelson, B.C., Hamilton, ON., Cambridge, ON., Marathon, ON., Northwestern Ontario Municipal Association, Inverness County, N.S., and Victoria County, N.S. We believe that by passing a pro-pharmacare motion at your municipal council, it will demonstrate to the federal government the urgency and need for a publicly administered, universal prescription drug coverage for Canadians. CDM has developed a toolkit to assist supporters in preparing and presenting municipal resolutions. The package can be accessed on the CDM website: http://www.canadiandoctorsformedicare.ca/Commentary/get-your-municipality-to-pass- a-pro-pharmacare-motion.html We hope that you will join us in this nationwide effort to improve our healthcare system by presenting a pro-pharmacare motion to your municipal council. Together, we can build a health care system that is more accessible, equitable, and sustainable. If you do decide to pass a pro-pharmacare motion, could you kindly inform as we continue to update our list of supporters. If you have any questions regarding pharmacare, please do not hesitate to email or call me at catherine.leurer(a)_mail.utoronto.ca or 647-464-6681. We look forward to hearing from you soon. Thank you. Sincerely, Catherine Leurer, B.Sc MD Candidate, Class of 2018 University of Toronto 30 Vaughan Drive Nauwigewauk, NB E5N6V 1 September 30, 2015 His Worship Mel K. Norton and the members of the Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L4L i Your Worship: I write this letter to you and the members of Common Council as a follow on to my letter of March 17, 2015 and your response to me that advised that the matter of naming a street or facility in honour of my father had been referred to a committee. Since then, I have heard nothing, and so I ask for a status report. The study of this matter must be rather complicated as it seems to have taken much time to date. I respectfully request an update. Respectfully, L.W.F. Cuppens Lieutenant -General (retired) 04 October 2015 e G� ��i�Ln � y&* 162'6 Asa vde give ea.L--Ichn, X-175. ,2J 4-Y Mayor & Common Council City of Saint John PO Box 1971 Saint John, NB E21- 41-1 Dear Mayor Norton and Council: F.0.13or. 4-29 Sa�-� fahn, N.R. E911-4rre k N f This November 5th marks the 75th anniversary of the heroic convoy action and the sinking of HMS Jervis Bay, outfitted at the Saint John Drydock a few months before she was lost to enemy action. The sacrifice of Captain ESF Fegen, VC, and his crew included 26 Canadians, with several from Saint John and throughout NB. For 74 years the residents of Greater Saint John have marked this sombre anniversary with remembrance and comradeship. There are few Second World War veterans and residents still with us, and none will be living for the next significant anniversary date, the 100th in 2040. Our Legion, named in honour of this ship and her crew in 1966, will mark this 75th anniversary with a ceremony at 12 o'clock noon on Thursday, 05 November 2015. We wish to invite Your Worship and members of Council to join us at the Simonds Lions Den, Loch Lomond Villa, and later at the Jervis Bay --Ross Memorial Park, as we remember the close to two hundred crew who died that day. We also ask that the City of Saint John provide a small grant of $500 towards the costs for this ceremony and event. We have received partial funding from the Department of Veterans Affairs, and must now raise the remaining 50%. The City of Saint John will receive a full page AD in our program. Thank you_ Yours truly, Don Chaisson 1 st Vice President donandjudy@rogers.com04 October 2015 EIR REPORT TO COMMON COUNCIL October 13, 2015 Q; His Worship Mayor Mel Norton , And Members of Common Council The City of Saint John Your Worship and Members of Council, SUBJECT: INFLUENZA VACCINES TO EMPLOYEES The City of Saint John offers the seasonal influenza to our employees as part of our wellness programs. The service is provided by the Victorian Order of Nurses (VON) on the City's behalf. It is necessary to enter into a formal contract with the VON to provide their vaccine services. The attached schedule addresses the VON's rates. ATTACHMENTS VON Influenza Immunization Contract RECOMMENDATION: It is recommended that Common Council: Approve the City of Saint John entering into a contract with the Victorian Order of Nurses for Canada — Eastern Region to administer influenza vaccines to its employees, and that the City Solicitor be directed to prepare all necessary documents and the Mayor and Common Clerk be authorized to sign all related documents. Respectfully submitted, Stephanie Walsh, CHRP, MBA Senior Manager, Human Resources Jeff Trail City Manager 99 Neil Jacobsen, MBA Commissioner Strategic Services Strategic Services Report to Common Council INFLUENZA IMMUNIZATION CONTRACT October 13, 2015 Page 2 THIS CONTRACT ("this Contract") made in triplicate effective as of the day of October, 2015 (the "Effective Date"). BETWEEN: PART PART 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 referred to the "City") OF THE FIRST -AND- VICTORIAN ORDER OF NURSES FOR CANADA - EASTERN REGION/LES INFIRMIERES DE L'ORDRE DE VICTORIA DU CANADA - EASTERN REGION, a corporation incorporated under the laws of Canada, having its registered office located in Ottawa and Province of Ontario (hereinafter referred to as the "VON") OF THE SECOND WHEREAS, this Contract between VON and the City confirms that the City has retained the services of VON, through its Saint John Branch, to administer influenza vaccines to its Employees, who have agreed to participate in the program on a voluntary basis, and that VON accepts this retainer. WHEREAS, VON obligation to provide any influenza immunization services is contingent upon the availability and accessibility of sufficient vaccine, as more fully described in subsection 1.6.4 of this Contract. WHEREAS, the Common Council on October . 2015 resolved: Strategic Services Report to Common Council October 13, 2015 Page 3 (a) That as recommended by the City Manager in the submitted report entitled Influenza Vaccines to Employees that the City of Saint John enter into a contract with the Victorian Order of Nurses for Canada - Eastern Region (VON) to administer influenza vaccines to its employees, and that the City Solicitor be directed to prepare all necessary documents and the Mayor and Common Clerk be authorized to sign all related documents. NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Contract, the Parties agree as follows: 1.0 INTERPRETATION AND GENERAL PROVISIONS 1.1 Defined Terms When used in this Contract, the following words or expressions have the following meanings: (a) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, municipal 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 Contract or the Services or any part of them; (b) "Authority" means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over this Contract; and "Authorities" mean all such authorities, agencies, bodies and departments; (c) "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; (d) "Business Hours" mean 8:30 a.m. to 4:30 p.m. of any Business Day; (e) "City Address" means 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L 4L1, Telephone: 506-658-2942, Fax: 506-649- 6003; (f) "Client" means any person to whom VON shall provide Services under this Contract; (g) "City Confidential Information" means all information of the City or any departments, boards, agents or commissions of the City that Strategic Services Report to Common Council October 13, 2015 Page 4 is of a confidential nature, including all confidential information in the custody or control of the City or any departments, boards, agents or commissions of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of VON in connection with this Contract. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: 1.1.(g).1 Include: (i) all new information derived at any time from any such information whether created by the City or any departments, boards, agents or commissions of the City, VON or any third party; (ii) all information that the City or any departments, boards, agents or commissions of the City are obliged, or have the discretion, not to disclose under provincial or federal legislation; 1.1.(g).2 Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of VON of any duty of confidentiality owed by VON to the City or any departments, boards, agents or commissions of the City or to any third party; (ii) VON can demonstrate to have been rightfully obtained by VON, without any obligation of confidence, from a third party who had the right to transfer or disclose it to VON free of any obligation of confidence; or (iii) VON can demonstrate to have been rightfully known to or in the possession of VON at the time of disclosure free of any obligation of confidence when disclosed; (h) "City Representative" includes the Commissioner of Finance & Administrative Services or any staff from the Finance & Administrative Services Department who is employed by the City and has been designated by the Commissioner of Finance & Administrative Services to act on his behalf, (i) "Common Clerk" means the person designated and appointed by Common Council by resolution as Common Clerk for the City, located at 15 Market Square, P. 0. Box 1971, Saint John, N.B., E21, 4L1, Tel: 506-658-2862, Fax: 506-674-4214, or her designate; (j) "Common Council" means the elected municipal council of the City; Strategic Services Report to Common Council October 13, 2015 Page 5 (k) "Employee" means an employee of the City; and "Employees" shall have a corresponding meaning; (1) "Fees" means the fixed price, in Canadian funds, to be charged for the applicable Services, as set out in Schedule "A", representing the full amount chargeable by VON for the provision of the Services, including but not limited to: 1.1(1).1 All applicable duties and taxes, excluding Harmonized Sales tax; 1.1.(1).2 All labour and material costs; 1.1.(1).3 All disbursements including travel and carriage costs; 1.1.(1).4 All insurance costs; and 1.1.(1).5 All other overhead including any fees or other charges required by law; (m) "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 Contract who is experienced in carrying out Services and works comparable in size, scope and complexity to the Services within Canada. (n) "Indemnified Parties" means each Party and its officers, directors, employees, agents or independent contractors; (o) "Party" individually means the City or VON; and "Parties" means the City and the VON; (p) "Person" if the context allows, includes any persons, firms, partnerships or corporations or any combination thereof; and "Persons" shall have a corresponding meaning; (q) "Place of the Work" means the location provided by the City, in Saint John, New Brunswick; (r) "Proceeding" means any action, claim, demand, lawsuit, or other proceeding; and "Proceedings" shall have a corresponding meaning; a Strategic Services Report to Common Council October 13, 2015 Page 6 (s) "Services" means the administration of influenza vaccines to Employees of the City to be provided by VON to the City in accordance with the provisions of this Contract; (t) "Term" means the term of this Contract commencing on the date this Contract comes into effect and ending upon the earlier of: 1.1.(t).1 The second anniversary of the effective date of this Contract; and 1.1.(t).2 Termination or expiration of this Contract in accordance with its terms; (u) "VON Address" means 199, Chesley Drive, Saint John, New Brunswick, Telephone: 506-635-1530, Fax: 506-652-6367; and (v) "VON Representative" means Michelle MacNeill, or her designate. 1.2 Entire Contract 1.2.1 This Contract embodies the entire Contract between the Parties with regard to the provision of Services to the City by VON and supersedes any prior understanding or agreement, collateral, oral or otherwise, existing between the Parties at the date of execution of this Contract. 1.3 Severability 1.3.1 If any term or condition of this Contract, or the application thereof to the Parties or to any Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this Contract, 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. 1.4 Priority of Documents 1.4.1 In the event of a conflict or inconsistency between any provisions in this Contract and the Schedule, the main body of this Contract shall govern over the Schedule to this Contract. 1.5 Headings and Grammatical Variations 1.5.1 The headings in this Contract are for convenience of reference only, and shall not affect the construction or interpretation of this Contract. 1.5.2 Grammatical variations of any terms defined in this Contract have similar meanings to such defined terms; words importing number include the singular and the plural. 91 Strategic Services Report to Common Council 1.6 Force Majeure October 13, 2015 Page 7 1.6.1 Neither Party shall be liable for damages caused by delay or failure to perform its obligations under this Contract where such delay or failure is caused by an event beyond its reasonable control. 1.6.2 The Parties agree that an event shall not be considered beyond a Party's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in this Contract would have put in place contingency plans to materially mitigate or negate the effects of such event. 1.6.3 Without limiting the generality of the foregoing, the Parties agree that force majeure events shall include natural disasters and acts of war, insurrection and terrorism but shall not include shortages or delays relating to supplies or services, other than the availability and accessibility of sufficient vaccine. 1.6.4 It is hereby understood and agreed that VON's obligation to provide the Services is contingent upon the availability and accessibility of sufficient vaccine. Agreed upon clinic dates may be subject to change or cancelled in the event that unforeseen circumstances outside of VON's control impact the availability or accessibility of vaccine. 1.6.5 If a Party seeks to excuse itself from its obligations under this Contract due to a force majeure event, that Party shall immediately notify the other Party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non-performance. If the anticipated or actual delay or non-performance exceeds fifteen (15) Business Days, the other Party may immediately terminate this Contract by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under this Contract, at law or in equity. 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, respectively, the City Address to the attention of the Common Clerk and to VON's Address to the attention of VON's Representative. Notices shall be deemed to have been given: (a) In the case of postage -prepaid envelope, five (5) Business Days after such notice is mailed; or (b) In the case of personal delivery or facsimile one (1) Business Day after such notice is received by the other Party. In the event of a postal 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 92 Strategic Services Report to Common Council October 13, 2015 Page 8 only be provided by the methods contemplated in this paragraph. 1.8 Governing Law 1.8.1 This Contract 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, where the subject in question is not addressed by the laws of New Brunswick. 1.9 Authority of Representatives 1.9.1 The Parties represent that their respective representatives have the authority to legally bind them to the extent permitted by Applicable Law. 1.10 No Partnership, Agency 1.10.1 VON 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. VON shall not hold itself out as an agent, partner or employee of the City. 1.10.2 Nothing in this Contract shall have the effect of creating an employment, partnership or agency relationship between the City and VON (or any of VON's directors, officers, employees, agents, partners, affiliates or subcontractors). 2.0 PERFORMANCE BY VON 2.1 Commencement of Performance 2.1.1 VON shall commence performance of the Services upon the execution of this Contract. 2.2 General Direction 2.2.1 VON shall perform these Services under the general direction and control of the City Representative. The Services shall at all times be performed under the clinical and professional direction and control of VON. 2.3 Performance Warranty 2.3.1 VON 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: (a) This Contract; 93 Strategic Services Report to Common Council (b) Good Industry Practice; and (c) Applicable Laws. October 13, 2015 Page 9 2.3.2 VON agrees to perform its duties and responsibilities under this Contract in accordance with the standards for professional and clinical conduct set out by the College of Nurses for New Brunswick and in accordance with all Applicable Laws including, without limitation: Obtaining the necessary consents from Employees; Obtaining signed medical directives for the administration of the influenza vaccine and adrenaline and benadryl (to be used as needed in the event of anaphylactic reaction); Reviewing Employees health's assessments; Administering the vaccine and monitoring Employees post- injection for reaction; and Documenting any post-injection reaction of an Employee. 2.4 Amendments and Assignment 2.4.1 Any changes to this Contract shall be by written amendment signed by the Parties. 2.4.2 No changes shall be effective or carried out in the absence of such a written amendment. 2.4.3 Neither Party may assign this Agreement without the prior written consent of the other Party. 2.5 Rights and Remedies 2.5.1 The express rights and remedies of the Parties and the obligations of Parties set out in this Contract are in addition to and shall not limit any other rights and remedies available to the Parties or any other obligations of Parties at law or in equity. 3.0 OBLIGATIONS OF THE CITY 3.1 Responsibilities of the City Strategic Services Report to Common Council October 13, 2015 Page 10 3.1.1 Under this Contract, the City shall have the following responsibilities and obligations: To provide publicity materials and circulate information about influenza and the vaccine program to all Employees; Working with VON, to set date(s), time(s) and location for influenza immunization clinic(s); To arrange sign-up sheets for Employees; To provide VON with a suitable clinic area including: Access to sink and running water; Desk and/or table and sufficient chairs for Employees and VON staff to set up the flu vaccine equipment and administer vaccine; Cot bed or blanket for emergency purposes; Sufficient garbage containers for non-medical waste; Access to a landline telephone; and A designated on-site contact/helper to assist with clinic coordination. (e) To distribute flu shot information sheets to Employees prior to each clinic date and to advise Employees to bring these completed sheets to the clinic; To ensure that Employees are prepared to remain in the flu clinic area so that they can be assessed by the nurse throughout a 15 minute waiting period; To provide at least 48 hours' prior notice to VON of any clinic cancellation so that VON does not incur unnecessary vaccine, supply and staff costs; and To advise VON about the expected number of Employees expected for each scheduled clinic at least three (3) Business Days prior to such clinic in order to enable VON to order an appropriate amount of vaccine and supplies, so that VON does not incur unnecessary vaccine costs and to keep vaccine waste to a minimum. 4.0 OBLIGATIONS OF VON 4.1 Responsibilities of VON 95 Strategic Services Report to Common Council October 13, 2015 Page 11 4.1.1 Under this Contract, VON shall have the following responsibilities and obligations: (a) To provide the City with promotional materials for the influenza vaccine clinics; (b) To provide nurses to implement the clinics; (c) To set up and dismantle the clinics; and (d) To provide all materials needed for the injections including, without limitation, syringes, alcohol swabs, needles and influenza vaccine. 5.0 PAYMENT FOR PERFORMANCE 5.1 Fees 5.1.1 Subject to VON's compliance with the provisions of this Contract, the City shall pay VON for the Services under this Contract the Fees as provided in Schedule "A". 5.1.2 The City acknowledges and agrees that VON incurs significant staffing, vaccine and supply costs for each scheduled clinic, and that VON will not be reimbursed for vaccine that it purchases but does not use. The City therefore agrees that: In the event that the City cancels a scheduled clinic upon less than 48 hours' prior notice to VON, as required by subsection 3.1.1(g), the City shall pay to VON the cost of supplies, vaccine and scheduled nurses' time and, if applicable, nurses' reasonable travel time and mileage, plus a cancellation charge identified in Schedule A; and In the event that the amount of influenza vaccines actually administered at a scheduled clinic is less than 50% of what the City had advised VON to expect under subsection 3.1.1(h), the City shall pay to VON, in addition to the cost of the vaccine doses administered, the cost of the unused vaccine and the cost of supplies together with nurses' time for the full scheduled time of the clinic at the agreed-upon hourly rate, plus a cancellation charge identified in Schedule A. Strategic Services Report to Common Council October 13, 2015 Page 12 5.1.3 VON shall invoice the City within sixty (60) days after each clinic date with payment due within thirty (30) days of the date the invoice is received by the City Representative. 5.1.4 The City will endeavour to pay invoices when due to VON, but shall not be required to pay interest on any late payments. 5.2 No Other Expenses 5.2.1 There shall be no other charges payable by the City under this Contract to VON other than the Fees established under this Contract unless such charges and/or rates are first authorized by the City's Representative. 6.0 CONFIDENTIALITY 6.1 City Confidential Information 6.1.1 During and following the Term, VON shall: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only those Employees, directors, partners, officers, agents, representatives, advisors or subcontractors who have a need to know it in order for VON to perform the Services hereunder; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) The written consent of the City's Representative; and (ii) In respect of any City Confidential Information relating to any third party, the written consent of such third party; (d) Provide City Confidential Information to the City's Representative on demand; and (e) Return all City Confidential Information to the City's Representative on or before the termination or expiry of the Term, with no copy or portion kept by VON. VON shall ensure that those of its directors, officers, employees, agents, partners, representatives, advisors or subcontractors who have been provided with City Confidential Information will 97 Strategic Services Report to Common Council October 13, 2015 Page 13 keep all City Confidential Information confidential and secure in accordance with the requirement of this Contract and that all such City Confidential Information be returned to the City before the termination or expiry of the Term. 6.2 Medical Record and Personal Information 6.2.1 VON including its employees are medically qualified professionals who must adhere to the requirements of their professional bodies including matters related to confidentiality, professional ethics and duty of care. 6.2.2 Any medical records and/or personal information supplied by an Employee to VON including its employees are confidential and will not be disclosed to anybody without informed consent. 6.2.3 All medical records and/or personal information of an Employee shall be treated as confidential so as to comply with all Applicable Laws regarding the confidentiality of patient records and/or personal information. 6.2.4 All documentation created or collected by VON in providing the Services under this Contract, including completed health assessments and consent forms together with all other Employee's health information (collectively, "Health Records") are and shall remain the property of VON. 6.3 Survival 6.3.1 The provisions of this Section 6 shall survive any termination or expiry of this Contract. 7.0 INDEMNITY AND INSURANCE 7.1 Indemnity 7.1.1 Each Party shall, from time to time, and, at all times hereafter, save, defend and keep harmless and fully indemnify the other Party from and against all manner of actions, suits, claims, executions and demands which may be brought or made against the other Party and against all losses, costs, charges, damages, liens and expenses which may be sustained, incurred or paid by the other Party by reason of, or in consequence of, the default or breach by the indemnifying Party of its obligations under this Contract or by reason of any negligence or wilful default of the indemnifying Party, its officers, employees or agents or persons for whom they are responsible in law, other than such costs, charges or expenses caused or to the extent contributed to by the negligent or wilful acts or omissions of the party seeking the indemnity hereunder. Strategic Services Report to Common Council October 13, 2015 Page 14 7.1.2 The obligations contained in this subsection 7.1 shall survive the termination or expiry of this Contract. 7.1.3 In no event shall either Party be obligated to indemnify the other Party in any manner whatsoever in respect of damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence or wilful act or omission of the other Party, or any Person for whom it is responsible. 7.2 Insurance 7.2.1 VON, at no expense to the City, shall obtain and maintain in full force and effect during the term of this Contract, a policy or policies of insurance with the following minimum limits of liability: (a) Professional Errors and Omissions Liability Insurance The Insurance Coverage shall be in the amount of Five Million Dollars ($5,000,000.00) per claim and in the aggregate. 7.2.2 The above -noted policies of insurance 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. 7.2.3 If applicable, VON shall obtain and maintain in full force and effect during the term of this Contract, coverage from WorkSafeNB. 7.3 Proof of Insurance 7.3.1 VON shall provide the City with proof of the insurance required by this Contract in the form of valid certificates of insurance that reference this Contract and confirm the required coverage, on or before the commencement of this Contract, and renewal replacements on or before the expiry of any such insurance. 7.4 Participation in Proceedings 7.4.1 VON shall, at its expense, to the extent requested by the City, participate in or conduct the defence of any Proceeding against any Indemnified Parties referred to in this Section 7 and any negotiations for their settlement. 7.4.2 The City may elect to participate in or conduct the defence of any such Proceeding by notifying VON in writing of such election without prejudice to any other rights or remedies of the City under this Contract, at law or in equity. A Strategic Services Report to Common Council October 13, 2015 Page 15 7.4.3 Each Party participating in the defence shall do so by actively participating with the other's legal counsel. 7.4.4 No settlement shall be entered into by either Party unless it has obtained the prior written approval of the other Party. 7.4.5 If VON is requested by the City to participate in or conduct the defence of any such Proceeding, the City agrees to co-operate with and assist VON to the fullest extent possible in the Proceedings and any related settlement negotiations. 7.4.6 If the City conducts the defence of any such Proceedings, VON agrees to co- operate with and assist the City to the fullest extent possible in the Proceedings and any related settlement negotiations. 7.5 Extent of this Section 7.5.1 Nothing in this Section 7 shall be construed as limiting in any way, the indemnification provision contained in this Contract, or the extent to which either Party may be held responsible for payments of damages to persons or property. 8.0 TERMINATION AND EXPIRY 8.1 Termination 8.1.1 Either Party reserves the right to terminate this Contract, without cause, upon ten (10) Business Days prior written notice to the other Party. 8.1.2 In the event that the City terminates this Contract, it shall be required to pay for any influenza immunization clinics provided by VON up to the date of termination and to reimburse VON for the cost of any clinic related materials that it has already incurred. 8.1.3 For greater certainty, under no circumstances shall VON be entitled to payment from the City for or in respect of any foregone or projected profits, revenue, or income or other indirect or consequential losses or damages resulting or arising directly or indirectly from any termination of this Contract. 8.2 Expiry of Contract 8.2.1 This Contract shall expire at midnight on the date after the last scheduled vaccine clinic. 100 Strategic Services Report to Common Council 9.0 GOVERNING REGULATIONS 9.1 Laws and Notices October 13, 2015 Page 16 9.1.1 VON shall give the required notices and comply with the Applicable Laws or Common Council resolutions which are or become in force during the performance of the Services and which relate to the Services. 9.1.2 If VON fails to notify the City's Representative in writing, fails to obtain direction as required in paragraph 9.1.1, and performs work knowing it to be contrary to any Applicable Law or Common Council resolutions, VON shall be responsible for and shall correct the violations thereof and shall bear the costs, expenses, and damages attributable to the failure to comply with the provisions of such Applicable Law or Common Council resolutions. 10.0 GENERAL 10.1.1 It is understood that all brochures, pamphlets, forms and any other material in the nature of intellectual property in any media or format whatsoever (the "Intellectual Property") used, provided or supplied by VON to the City or its employees, is proprietary to VON and use of the Intellectual Property by the City is strictly prohibited without the express written permission of VON Canada. The City shall have no rights to the Intellectual Property except as set forth in this Contract. 10.1.2 This Contract may be executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitute one and the same instrument. A signature transmitted by facsimile shall be deemed to be the original signature for all purposes. 10.1.3 Time shall be of the essence of this Contract. IN WITNESS WHEREOF Victorian Order of Nurses for Canada - Eastern Region/Les infirmieres de 1'ordre de Victoria du Canada - Eastern Region has caused this Contract to be executed by its corporate name, and on its behalf, by its Director - Business Development, and The City of Saint John has caused this Contract to be executed in its corporate name in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M-22, and amendments thereto. SIGNED, SEALED & DELIVERED ) 101 Strategic Services Report to Common Council October 13, 2015 Page 17 In the presence of: ) Victorian Order of Nurses for Canada - Eastern Region/Les infirmieres de Fordre de Victoria du Canada - Eastern Region Per: Witness ) Michelle MacNeill I have authority to bind the Victorian Order of Nurses for Canada - Eastern Region/ Les infirmieres de Fordre de Victoria du Canada - Eastern Region THE CITY OF SAINT JOHN Mel Norton, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: October , 2015 102 Strategic Services Report to Common Council PROVINCE OF NEW BRUNSWICK IN THE COUNTY OF SAINT JOHN October 13, 2015 Page 18 I, Michelle MacNeill, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the District Site Manager for the Victorian Order of Nurses for Canada - Eastern Region/Les infirmieres de l'ordre de Victoria du Canada - Eastern Region, the services provider named in the foregoing instrument and have custody of the corporate seal of the said corporation and am duly authorized to make this affidavit. 2. That the attached agreement was executed by me as the officer duly authorized to execute the agreement on behalf of the Commission. 3. That the Victorian Order of Nurses for Canada - Eastern Region/Les infirmieres de Fordre de Victoria du Canada - Eastern Region has no seal. 4. That the said document was executed as aforesaid at Saint John in the Province of New Brunswick on the day of October, 2015. SWORN TO before me at Saint John, in the Province of New Brunswick the day of October, 2015. Commissioner of Oaths, Michelle MacNeill 103 Strategic Services Report to Common Council SCHEDULE A Fee Structure October 13, 2015 Page 19 Rates for Vaccine in provinces in which Vaccine is supplied by the government: Nurse rate and supplies................................................................................. $ 21.00/injection Minimum 2 hours per clinic TRAVELTIME....................................................................................................... $ 70.00/hour MILEAGE.............................................................................................................. $0.42/km. Cancellation charge (less than 48 hours notice).or less than 50% expected participation 104 PROCLAMATION WHEREAS driving is an important and exciting right of passage for youth. It is also one of the riskiest activities for young people to engage in; WHEREAS teen driver safety is a significant issue in Canada. Young drivers are over represented in all road -related injuries and fatalities. WHEREAS National Teen Driver Safety Week is a week dedicated to raising awareness and seeking solutions to preventable teen deaths on the road across Canada. Everyone has a role to play in creating change amongst their peers, in classrooms and in their communities; NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim the third full week in October as National Teen Driver Safety Week. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 105 PROCLAMATION WHEREAS: According to a United Nation's report there are 805 million people worldwide struggling with hunger; and WHEREAS: One of the causes of concern at this time is the increasing number of refugees in the world, especially those from Syria, and the reluctance of the wealthy nations, including Canada, to show them compassion, and WHEREAS: Worldwide the income differential is widening; the poorest 40% of the world's population accounts for 5% of global income while the richest 20% account for 75% of world income; and WHEREAS: The number of children in the world is 2.2 billion and 1 billion of these are living in poverty, 640 million live without adequate shelter, 400 million have no access to safe water, 270 million have no access to health care, resulting in some 1.8 million child deaths each year due to preventable diseases, and WHEREAS: Nearly a billion people entered the 21 st century unable to read a book or sign their names, and WHEREAS: Less than one percent of what the world spends every year on weapons was needed to put every child into school by the year 2000 and yet it did not happen, and WHEREAS: Saint John has one of the highest rates of child poverty in Canada, and 106 NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim October 17th, 2015 as International Day for the Eradication of Poverty 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. 107 Received Date October 06, 2015 Meeting Date October 13, 2015 Open or Closed Open Session His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Grannan Lane Background: Due to the extensive work that Commercial Properties have been undertaking to their buildings on King Street/ Grannan Lane could the City Manager and appropriate staff consider re-building/re-paving Grannan Lane in our 2016 budget. This lane has concrete in the middle so it should be looked at and consideration being given as it has received a great amount of damage over the past years. Motion: That the request to have the City consider rebuilding/repaving Grannan Lane be referred to the 2016 Budget. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John Commercial Prop ertieS Limited October 9, 2015 Mayor and Council City of Saint John PO Box, 1971 Saint John, NB Dear Mayor and Council: RE: Aoorooriate Maintenance of Grannan Street As you may be aware Commercial Properties Limited is the owner of CenterBeam Place, the largest and most successful redevelopment of historic Saint John buildings in the city core. This project was undertaken from 2002 to 2005. It has helped rejuvenate the Uptown core and contributes to a high quality, people -oriented environment that respects our heritage. The architecture and resulting environment created by its brick and beam construction along with an exterior courtyard with cafes and gardens has resulted in many local and national awards. As part of the project, and with an eye to downtown core renewal, the City undertook a revitalization of Church Street (now renamed Grannan Street). It was our belief that there needed to be an attractive, strong, pedestrian friendly connection from Prince William Street to Germain Street. The City agreed and the street was rebuilt including an easy -to -walk-on concrete surface. This was the City of Saint John's sole contribution to the CenterBeam project. Since the redevelopment of this wonderful pedestrian passageway, many people have been able to enjoy walking to the restaurants and courtyards of Grannan Street. Last year, the City's restoration of Prince William Street, complete with granite curbing, was a welcome addition to this neighborhood. The Trinity Royal area and national historic landscape designation of Prince William Street have served to assist in the creation of a unique and important district in Saint John, one that we are very proud and protective of. Recently, there has been the organizing of more art and music festivals, including temporary closing of the streets. Third Shift held a successful art event that attracted many people to Uptown Saint John.. The positive atmosphere created by the architecture, cafes, courtyards and festivals of Uptown Saint John is important for our community. In order to continue that forward momentum, it is imperative to maintain and improve the quality of the buildings and infrastructure in the city core. However, there have been challenges in this regard that we urge you to address. In 2013, we identified to City staff that Grannan Street, adjacent to the courtyard of CenterBeam Place, was in a poor state of repair and asked that the City of Saint John proceed with the required repairs to restore it to its original condition and prevent further deterioration. Nothing was 400-58 ming Street, PO Box 20114, Saint John, New Brunswick • E2L 5132 109 Phone: 506-635-6000 •lax: 506-635-6006 • www.commercial-properties.ca done. Again in 2014 we brought this to the City's attention and again nothing was done, so Commercial Properties repaired, at our expense, the most degraded sections of concrete. In addition, the brick sidewalk by the courtyard on Grannan Street had numerous holes, which Commercial Properties has also repaired. We must note that much of the damage to the street has occurred as a consequence of the City's snowplowing methods. In addition, the curb and manhole on King Street adjacent the 225 Anniversary Clock donated by Commercial Properties Limited had snow plow damage but was left unrepaired despite repeated requests for repair. Again, Commercial Properties repaired the damage at our own cost. This year, we once again identified those areas of damaged concrete and manholes on Grannan Street that needed repair. We are very grateful for Councilor McAlary's efforts over the past few weeks, but we have been alarmed to see that the once attractive pedestrian concrete street has been patched with asphalt. What's more, we understand that a plan to rebuild the street next year with asphalt is being contemplated. This would be a significant step backward for Saint John, and contrary to the work done by this Council to build a vibrant Uptown core. The historic nature, brick architecture and pedestrian friendly environment are what Saint John has become known for. The resolution to this issue is clear: the street must be repaired using the original materials to maintain its appeal as a pedestrian streetscape. It is the responsibility of the City to appropriately maintain infrastructure, and to do so in a manner consistent with the overall strategy of enhancing the Uptown core and preserving and celebrating the Historic Trinity Royal Heritage area. We urge you to ensure that Grannan Street is repaired properly. We look forward to a positive discussion on rectifying these matters. Yours truly, Commercial Properties Limited Paul F. Moore—Vice-President cc: Shirley McAlary Gerry Lowe — Ward 3 Donna Reardon —Ward 3 Chris Boudreau —Chairman Uptown Saint John Nancy Tissington -- Executive Director Uptown Saint John Commercial Properties Limited 400-58 Ding Street, PO Box 20114, Saint John, New Brunswick • E2L 5B2 110 Phone: 506-635-6000 • Fax: 506-635-6006 • www.commercial-properties.ca REPORT TO COMMON COUNCIL M&C #2015-205 October 6, 2015, ter„ His Worship Mayor Mel Norton The City ofSaint John And Members of Common Council Your Worship and Members of Council, SUBJECT: NEB WORKING GROUP UPDATE — PREPARATION OF INFORMATION REQUESTS (IRS) FOR THE ENERGY EAST PROJECT PURPOSE The purpose of this report is to update Common Council with respect to the preparation of Information Requests (IRs) to be provided to TransCanada in anticipation of the National Energy Board (NEB)'s forthcoming Energy East regulatory process. BACKGROUND The City of Saint John's NEB Working Group, with support from Mr. Gaetan Caron, met with Common Council on September 28th, 2015 to discuss: • The NEB regulatory process (overview and what to expect); • Opportunities for the City to effectively prepare for the NEB's Energy East regulatory hearings; and • Council expectations and next steps. Additional preparatory work was completed during Mr. Caron's September 28 -30th visit to Saint John, including workshops and meetings focused specifically on economic development, land use planning and public safety issues. These discussions provide an important foundation for the City's active participation as a potential Intervenor in the forthcoming Energy East regulatory hearing process. In addition, the City, through Common Council, will need to formalize the "conditions" by which our community can support the Energy East Project, recognizing Council's previous resolution (see Attachment A) to work with both TransCanada and the regulator (NEB) to "ensure that the pipeline is safely constructed in such a way to protect the environment." 111 NEB Working Group October 6, 2015 Report to Common Council Page 2 NEXT STEPS The City's NEB Working Group is currently preparing a series of Information Requests (IRs) for TransCanada, the lead Energy East project proponent on behalf of Energy East Pipeline Ltd. The IRs are focused on five areas of critical importance to the City and Saint John and its residents: economic development opportunities, environmental impacts, social impacts, public safety requirements and land use planning considerations. The IRs also reflect the NEB's original list of issues in relation to the Energy East Project (see Attachment B), as well as the City of Saint John's application for formal Intervenor status (see Attachment Q. Draft IRs will be provided to Council for review and additional input before they are formally submitted to the Project proponents and the NEB. The generation of IR's and the subsequent analysis and assessment of responses elicited will play an important role in assisting each member of Council's discharging his or her statutory fiduciary duties in the context of "conditions" alluded to earlier. Preparation by the City of Saint John for the forthcoming NEB Energy East hearing process will continue to involve a significant on-going internal resource commitment and a coordinated planning and engagement approach by the entire NEB Working Group and City Manager. STRATEGIC COMMUNICATIONS APPROACH Given the process that is currently underway, it is recommended that all formal City communications with the Proponents flow through the City Manager's Office, with a focus on the following three key messages: • The Energy East Project has the potential to provide significant local social and economic benefits, but it is also important that our community fully understand the project's anticipated environmental, public safety and land use impacts. • The City has established a Working Group to prepare for the forthcoming NEB regulatory process. • The Working Group is preparing a list of key Information Requests for the project's lead proponent — TransCanada. The Information Requests will allow City administration and Council to make informed decisions with respect to the conditions by which they can support the project. RECOMMENDATION It is recommended that Common Council: 1. Receive and file this report; and 2. Continue to support the NEB Working Group's efforts to advance a strategic communications approach for the Energy East Project. 112 NEB Working Group Report to Common Council ATTACHMENTS October 6, 2015 Page 3 Attachment A: TransCanada Energy East Pipeline Project — NEB List of Issues Attachment B: City of Saint John Application to the National Energy Board — Energy East Project Intervenor Status (As Approved By Saint John Common Council) Attachment C: Common Council's Energy East Resolution Respectfully submitted, Kevin Clifford, BBA, CFO Fire Chief / Director SJEMO City of Saint John Neil Jacobsen, MBA Commissioner, Strategic Services Jeff Trail City Manager City of Saint John Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services John Nugent, City Solicitor City of Saint John 113 NEB Working Group Report to Common Council Attachment A: Common Council's Energy East Resolution October 6, 2015 Page 4 On 24 November 2014, Saint John Common Council passed the following resolution: WHEREAS Council of the City of Saint John consider the TransCanada Energy East Pipeline project to be of the utmost importance to the Saint John Area by providing the area with the possibilities of economic and community development; WHEREAS Council of the City of Saint John feel that it is in the best interest of the citizens of Saint John to endorse said project; WHEREAS Safety and the environment are of utmost importance to Council and the City of Saint John; BE IT RESOLVED that the City of Saint John support the TransCanada Energy East Pipeline project; AND BE IT FURTHER RESOLVED that the City of Saint John work with TransCanada and the regulator to ensure that the pipeline is safely constructed in such a way as to protect the environment. 114 NEB Working Group Report to Common Council October 6, 2015 Page _5 Attachment B: TransCanada Energy East Pipeline Project — NEB List of Issues The National Energy Board (Board) has identified the following issues for its consideration in any upcoming proceeding with respect to the Energy East Pipeline Ltd (EEPL) proposed Energy East Project (Project). 1. The need for the Project. 2. The economic feasibility of the Project. 3. The commercial, economic, supply and market impacts of the Project. 4. The appropriateness of the tolling methodology, and the method of toll and tariff regulation, including whether Energy East should be regulated as a Group 1 or Group 2 company. 5. The commercial, economic, supply and market impacts of the Asset Transfer, including the need, economic feasibility and commercial impacts of the Eastern Mainline Project. This includes the appropriateness of the proposed capacity of the Eastern Mainline of 575 TJ/d. 6. Transfer of Assets: 1. The tests to be used to assess the sale and purchase of the assets. 2. The assets to be transferred and any terms to be included. 3. The value which should be assigned to the facilities for the purposes of: 1. removal from the rate base of the TransCanada PipeLines Limited's natural gas mainline; and 2. inclusion in Energy East's toll calculation. 7. The potential environmental and socio-economic effects of the Project, including the environmental effects of accidents or malfunctions that may occur in connection with the project, and any cumulative effects that are likely to result from the Project, as considered under the Canadian Environmental Assessment Act, 2012. 8. The potential environmental and socio-economic effects of increased marine shipping. 9. The appropriateness of the general route and land requirements for the Project. 10. The engineering design and integrity of the Project. 11. Potential impacts of the Project on Aboriginal interests. 12. Potential impacts of the Project on directly affected landowners and their land use. 13. Safety and security associated with the construction and operation of the Project, including emergency response planning and third -party damage prevention. 14. Contingency planning for spills, accidents, or malfunctions during construction and operations of the Project. 15. Financial implications of contingency planning for spills, accidents, or malfunctions during construction and operations of the Project. 16. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project. The Board will not consider matters related to upstream activities associated with the development of oil sands, or the downstream and end use of the oil transported by the Project. 115 NEB Working Group Report to Common Council October 6, 2015 Page 6 Attachment C: City of Saint John Application to the National Energy Board — Energy East Project Intervenor Status (As Approved By Common Council) As per a resolution adopted by Saint John Council on November 24 2014, the City supports the proposed Energy East project being developed in a sustainable and responsible manner. Construction of the tank and marine terminals is estimated by the project proponents to have a capital cost of $805 million with an additional $4.6 million spent by the approximately 470 construction workers. Once operational, 50 person-years of employment, $38 million in expenditures, and $5 million in municipal property taxes is anticipated annually. This project provides a key piece of infrastructure in the further development of the Saint John Energy Hub. 2. The City is applying via the AP process as a Group (impacted Municipality) to be an Intervener at any hearing(s) before the National Energy Board (NEB), with respect to the Energy East Pipeline Ltd. proposed Energy East Project, and is presently considering the appointment of an Authorized Representative. 3. The City considers itself to be a Directly Affected Person with respect to Issues no. 7,8,9,12,13,14,15 & 16 on the official NEB List of Issues. 4. The City has an interest in ensuring the project maximizes the social, economic, and overall future community benefits. For example, the City seeks to ensure local industrial training and skill development programs are directly supported and to examine opportunities to create a legacy by accommodating temporary workers in existing accommodations in the community during the construction phases. 5. The New Brunswick Marine Terminal Complex is located within the City's boundaries. The Tank Terminal component is proposed on land zoned Heavy Industrial and Rural. The City is the Land Use Approving Authority and would normally require a rezoning of Rural lands to permit construction of a significant portion of the Tank Farm. 6. The City's Municipal Plan calls for a risk assessment to be completed for new heavy industrial facilities. There are approximately 181 residences located within 1.5km of the proposed Tank Terminal. Table A-3 in the NEB Filing Manual calls for detailed socio-economic information for Human Occupancy where a project is not proposed on a previously -developed facility site or on land currently zoned for industrial purposes. Demonstrating that adequate separation distances exist and/or appropriate mitigative measures can be adopted to accommodate the proposal, and protect public safety and the human and natural environment, are key considerations for this community. 7. The City supports an integrated and comprehensive approach to the development of the Energy East Emergency Response Plan (ERP) which would ensure cumulative risk in the community, from the intensification of heavy industrial uses, is addressed. Understanding the existing and future response capability needs of our public safety services is fundamental to ensuring the ERP identifies and appropriately addresses all future service gaps, such as training and equipment. This approach is essential to ensure the emergency services can plan, prepare, and respond in order to protect public safety. 8. The City intends to engage the project proponents to enable ongoing and cooperative dialogue and ensure the City's long term interests are protected. 116 REPORT TO COMMON COUNCIL M & C — 2015-207 October 6, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: SHX Development Ltd — Storm Water Detention Pond BACKGROUND: ".7 City of Saint John By resolution adopted on May 21, 2013, Common Council authorized the City of Saint John to enter in an Agreement of Purchase and Sale with SHX Development Limited, for the sale of a portion of its property identified as PID 00042036, and the construction and subsequent conveyance of a Storm Water Detention Pond. The development is now open for business and the Storm Water Detention Pond is complete. rANAI YSIS- Section 6.5 of the Agreement of Purchase and Sale required the completion of the construction of the Stormwater Detention Pond to the satisfaction of the Chief City Engineer, a certificate from Brunswick Engineering & Consulting Inc. (the Purchaser's engineering consultant) stating construction occurred in accordance with approved engineering design and a copy of "as -constructed" engineering drawings and drainage swale. These documents have been received and the Chief City Engineer is working on finalizing the last minor deficiencies. Section 6.6 of the Agreement states that concurrently with the conveyance of the Stormwater Detention Pond Land to the Vendor in accordance with Section 6.5, the Vendor (City) shall pay to the Purchaser $550,000 plus HST towards the cost of the Stormwater Detention Pond. The Vendor shall pay to the Purchaser another $550,000 plus HST towards the cost of the Stormwater Detention Pond exactly one year later. 117 M & C — 2015-207 October 6, 2015 -2- The first payment of $550,000 plus HST was made on August 28, 2014. The second payment as identified in the agreement was not included in the 2015 capital submission and an increase in the capital envelope for 2015 is required. The second payment of $550,000 plus HST will not be released until all the paperwork is finalized and documentation is received from the City Solicitor's office. In preparation for this Finance has prepared this report so the second payment can be processed as per the agreement. RECOMMENDATION It is recommended that Common Council increase the 2015 General Capital Budget by $550,000 plus nonrefundable portion of HST and the second payment be processed once all the required paperwork is received. Respectfully submitted, Cathy GrahFn CPA GGA Acting Commissioner of Finance and Administrative Services Jeff Trail City Manager 118 REPORT TO COMMON COUNCIL M & C — 2015-208 October 6, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 2096 Service Based Budget Process City of Saint John The City's budget process for 2016 is underway. As part of this process, staff would like to provide Council with a planned process including some important dates and to provide some background on the outlook. The current picture for assessment base growth is looking to be fairly flat at this point for 2016. The City is experiencing a decrease in building permit fee revenues which validates that development is slower. On the expense side, there are some expenses that require inflationary increases for example electricity. There is also an increase for wages and benefits with the ratification of the new agreements. There are two collective agreements that are still in negotiations. Staff continues to look for ways to increase revenues and look for continuous improvement opportunities to provide the best service to the citizens while striving to keep the tax burden stable. 2016 will be a year of opportunities and challenges. The Service Based Budget process will be used to help identify how to accomplish a balanced budget while minimizing service delivery impacts. The goal is to have a capital budget to Council within a month to allow Service areas to plan and realize potential savings by getting contracts out sooner. Service areas have been tasked to develop budgets based on 2015 service levels. They are also required to clearly identify costs of any new initiatives. Service based budget documents will be developed and included as part of the process. Council has provided clarity in the Council meeting on September 8, 2015 on their priorities for the remainder of this term of service to the community. Staff reported back on the results of this process on September 28, 2015 so it could be incorporated into the budget process. 119 M & C — 2015-208 October 6, 2015 -2- The timeframes for Council's consideration are as follows: October 15 Tentative date to meet with Finance Committee to review year end projections for 2015 and review financial outlook (Finance Committee to report back to Council on the 2015 year end projections) November 2 Present General and Water Capital Budgets Present Water Operating Budget November 12 Tentative date to meet with Finance Committee to prepare for year end audit with auditor's presentation and review 2016 service projections November 16 Receive Tax information from Local Government November 23 Present Draft Budget to Council November 24 Information to public (website approach) November 30 Staff report back on public response December 7 Present Draft Budget to Council with feedback incorporated RECOMMENDATION It is recommended that Common Council approve the planned process and draft dates for the 2016 budget process. Respectfully submitted, Cathy Gra-h m, CPA, CGA, Acting Corr rnissioner of Finance and Administrative Services Jeff Trail City Manager 120 REPORT TO COMMON COUNCIL M&C 2015-209 October 7, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Parking Lot Compliance Program Update BACKGROUND 1".0-1164 The City of saint John At the September 21, 2015 meeting, Common Council was provided an update on the Parking Lot Compliance Program and was advised that there are five properties in non-compliance with the Zoning By-law's parking standards. The matter was forwarded to the October 13, 2015 meeting of Council, pending further review from the City Solicitor's Office to ensure sufficient evidence had been collected, resulting in as solid a legal case as possible prior to passing a resolution to proceed to prosecution on the five files. Since the September 21" meeting, inspection staff has collected additional evidence at five properties to further support the case that they are being used as commercial parking lots in contravention of the Zoning by-law. Staff is now in a position to recommend moving forward with prosecution efforts, with the exception of one file. Since the Council meeting, the owner of the property at 127 Princess Street has made application for a Conditional Use under the Zoning by- law; his application will be considered at the October 201h meeting of the Planning Advisory Committee. For consistency in the Program, staff recommends that this property not be pursued with enforcement action until after the PAC has considered the Conditional Use application. Page 1 of 3 121 M & C — 2015 — 209 October 7, 2015 There are now the following four properties that are being recommended for enforcement action: • 7 Dorchester Street, PID # 39966; • 171 Germain Street, PID # 10991; • 173 Germain Street, PID # 11007; and • 13 Garden Street, PID # 38315. INPUT FROM OTHER SOURCES The City Solicitor's Office has reviewed the information gathered as a result of the investigations/inspections conducted earlier this week and advises that, in its view, the information constitutes sufficient evidence to support prosecution proceedings. As a result, the City Solicitor's Office has provided the text of a Common Council resolution respecting such prosecution, which is set out below. RECOMMENDATION Your City Manager recommends that the following resolution be adopted by Common Council: RESOLVED that Amy Poffenroth is hereby authorized and directed to lay Informations in the Provincial Court of New Brunswick to initiate prosecution proceedings against the owner(s) of the following properties respectively, each of which is used as a " parking lot, commercial" in contravention of the City's Zoning By -Law: PID 39966, being Civic Number 7 Dorchester Street; PID 10991, being Civic Number 171 Germain Street; PID 11007, being Civic Number 173 Germain Street and PID 38315, being Civic Number 13 Garden Street. Respectfully Submitted, Amy Poffenroth PEng MBA Chief Building Inspector and Deputy Commissioner Growth and Community Development Services Page 2 of 3 122 M&C -2015-209 Jacqueline Hamilton, MCIP, RPP Commissioner Growth and Community Development Services Jeff Trail City Manager Page 3 of 3 123 October 7, 2015 September 25, 2015 Mayor and Common Council City of Saint John PO Box 1971 Saint John NB E21- 41-1 Dear Mayor, Deputy Mayor and Councillors, As mandated in article 2.5(e) of the City of Saint John Shared Risk Plan declaration of Trust we will be holding the annual meeting of the Board of Trustees on Wednesday, October 21St, 2015 at 1:00 pm in the 8th floor boardroom of City Hall. Please confirm attendance and advise the name of the behalf of Mayor and Common Council by Wednesday, Tibbits or Richard Evans at the Commons Clerk Office. Sincerely, John de Gruyter Chair City of Saint John Shared Risk Plan individual who will be attending on October 14th by responding to Kelly Board of Trustees City of Saint John P.O. Box 1971, 15 Market Square Shared Risk Pension Plan Saint John, N.B. E2L 4L1 506-658-2862 124 October 5, 2015 Mayor and Common Council: Subject: Saint John Trade and Convention Centre Appointment of Auditors for 2015-2017 Background: In 1984 the City entered into a Management Agreement with the Hilton Hotel with respect to operation of the Trade and Convention Centre. One of the provisions of this agreement is as follows: "Hilton shall submit to the City detailed financial statements on the operations of the Centre, audited by an independent chartered accountant appointed by the City and charged as an operation expense." Analysis: Common Council is the body with the authority to appoint the auditor for the Trade and Convention Centre. These statements are one of the 17 statements that are reviewed and consolidated by the City auditors as part of the preparation of the City's Consolidated Financial Statements. It was discussed with the Finance Committee last year if there were benefits of using the same auditors as the City when the 2014 Financial Statements were presented. There is the ability to better plan for the audits and potential save time and costs by utilizing the same auditor. A request for quote was obtained from Deloitte and was lower than the current audit fees the Trade and Convention Centre is paying. This audit could be included when the City goes out to request for proposal with the City audit engagement. The term of this engagement matches what the City could follow with their current auditors. Recommendation: It is recommended that Deloitte be appointed auditor for the Saint John Trade and Convention Centre for the three year period covering audits for the years 2015-2017 and that the Mayor and Common Clerk a authorized to sign the engagement letter on behalf of the City of Saint John annually as required. Respectfully Submitted, Councillor Merrithew Chair of the Finance Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 125 REPORT TO COMMON COUNCIL M & C 2015-204 October 7, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Contract No. 2015-24: North Market Wharf Watermain Reconfiguration BACKGROUND The approved 2015 Water Utility Fund Capital Program includes a project for the renewal of the 250mm watermain near Market Square and Hilton hotel. TENDER RESULTS Tenders closed on October 7, 2015 with the following results: 1. Galbraith Construction., Saint John, NB $ 204,575.20 2. TerraEx Inc., Saint John, NB $ 237,028.80 3. Fairville Construction, Saint John, NB $ 254,718.95 The Engineer's estimate for the work was $238,400.00 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated that this work will be completed by December 1, 2015. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2015 Water Utility bund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $250,000 Project net cost $246,407 Variance (surplus) $3,593 126 M & C 2015-204 October 7, 2015 Page 2 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 No. 2015-24 North Market Wharf Watermain Reconfiguration be awarded to the low Tenderer, Galbraith Construction at their tendered price of $204,575.20 (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, i 1 V 9 "1 Michael Baker, P.Eng. Municipal Engineer �J Wm. Edwards, P. Eng. Commissioner Transportation and Environment 127 Brian Keenan, P. Eng. Engineering Manager Jeff Trail City Manager REPORT TO COMMON COUNCIL M&C 2015-210 October 8, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Shamrock Ballfield Fence Replacement —Award of Contract BACKGROUND E fil of The Cit} of Saint John As part of the 2015 General Fund Capital Budget Council allocated $380,000 towards the renewal of basic recreational infrastructure through the Parks Improvement Fund. A number of distinct projects are planned through this fund this year, including the replacement of the ballfield fence at the fields at Shamrock Park. These fields are part of the Shamrock Park complex and see a significant amount of use by the community. The existing fence is rusted and requires complete replacement. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT A public tender call for the supply and install of Shamrock Park Ballfields — Fence Replacement was advertised on September 22, 2015 and closed on October 7, 2015. Two (2) companies responded to the tender call by submitting bids. The results are as follows (including HST): COMPANY NAME TENDER PRICE* Fundy Fencing Ltd. $85,719.00 Maritime Fencing Ltd. $90,422.60 *Inclusive of HST The Staff of Parks & Public Spaces and Materials Management reviewed the tenders and have found them to be complete and compliant with the technical specifications put forth within the tender call. Staff believes that the low tenderer has all the necessary resources and expertise, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. 128 Report to Common Council Page 2 of 2 Shamrock Ballfields - Fence Replacement M&C 2015-210 FINANCIAL CONSIDERATIONS The estimated cost of this work was $100,000. The required monies are included in the 2015 General Capital Budget as part of the Parks Improvement Fund. RECOMMENDATION It is recommended that the tender for the replacement of the fence at Shamrock Ballfields as submitted by Fundy Fencing Ltd. at the cost of $85,719.00 including 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. Deputy Commissioner, Transportation and Environmental Services Jeff Trail, City Manager 129 Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Services REPORT TO COMMON COUNCIL October 5, 2015 M&C2015-201 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Winter On -Street Parking Regulations Update BACKGROUND 7`0.tloll The City of Saint Tohn On February 16, 2015 Common Council "resolved that item 11.1 Overnight Parking be referred to the City Manager to report back on the idea of eliminating overnight parking on public streets during the winter months." On July 20, 2015 staff presented a report to Council that described various options to restrict on - street parking for snow removal purposes. The options recommended by staff and endorsed in principle by Common Council were Option 6, to move to a new proactive overnight parking ban system for all areas of the city except the South Central Peninsula (SCP), and Option 8b, to formalize a process of delaying parking change -over night in the (SCP) when required. Common Council also directed the City Manager at the July 20 meeting to: Report back to Common Council prior to October 15, 2015 with an implementation plan for Options 6 and 8(b) that would include the required amendments to the City's Traffic By -Law, communicating the planned regulations changes to the public, developing a protocol of communicating parking bans to the public, and enhanced coordination protocol between snow clearing operations supervisors and the Saint John Police Force. Request the Province of New Brunswick consider amending Section 113(5) of the Provincial Motor Vehicle Act such that parking restrictions for the purpose of snow clearing can be achieved at any time without installing traffic control devices (signs). Request the Province of New Brunswick consider amending the Provincial Motor Vehicle Act such that authority to tow vehicles parked in violation of the parking ban be given to enforcement officers of the Saint John Parking Commission. This report updates Common Council on progress since the July meeting. 130 M&C2015-201 Page 2 ANALYSIS Amendments to Traffic By -Law A City Solicitor report for Council's consideration of 1st and 2nd Readings of the necessary Traffic By -Law changes is planned to be ready for the October 26 meeting with 3rd Reading to be considered at the November 9 meeting. Communicating the Planned Regulation Changes to the Public Staff is planning two sets of public communications to be implemented this Fall. The first, that will be implemented the week of October 13, is a further enhanced reminder to vehicle owners who rely on on -street parking that they need to make alternate parking arrangements for overnight periods when the ban is called. Although there was media coverage with the July report, staff want to provide the public with additional and timely advanced notice of the potential changes so they can continue to seek alternatives. The second, being a more comprehensive communication plan, is scheduled to begin immediately after 3rd reading of the Traffic By-law amendment. A more detailed public notice would be issued that provides the details of the ban, the difference between this new ban and the one for the South Central Peninsula (SCP), and the various ways the public can become aware of when the ban is called. Other media being considered to communicate to the public includes development of a brochure that would be available at the Parking Commission, 175 Rothesay Avenue and other City locations. These brochures may also be included with Saint John Energy customer bills and placed on windshields of vehicles parked on -street overnight particularly in the areas previously "exempted" from the overnight ban. Staff is also considering putting a message on the side of City garbage trucks. The new ban is being called the "NEW" (North East West) ban for short to differentiate it from the SCP ban. Protocol to Communicate to the Public When Bans Called Processes similar to communicating the SCP bans will be used for the NEW ban. A public notice would be issued that would be pushed out to the City's website, Twitter and Facebook accounts, and via e-mail to any citizens signed up with the City for notifications. At least for this first year of implementation staff would develop and use paid radio ads that would run when the bans are called. The Snow Ban line is also being changed so it could communicate when a NEW ban, an SCP ban, both or neither are called. Enhanced Coordination Protocol between Snow Clearing Operations and Police Staff has met with the Saint John Police Force and the Saint John Parking Commission to clarify an enforcement protocol. A protocol is now defined. 131 M&C2015-201 Page 3 Requested Amendments to the Motor Vehicle Act Staff has prepared the draft final letter to be sent to the Provincial Registrar of Motor Vehicles requesting amendment of the Motor Vehicle Act. The draft letter is attached to this report with the details of the request. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services 132 - -- -�, ZIXI I �A' � Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environment Services Jeff Trail City Manager M&C2015-201 Page 4 October 14, 2015 Registrar of Motor Vehicles Province of New Brunswick Argyle Place P. O. Box 6000 Fredericton, NB E3B 5H1 Dear Registrar of Motor Vehicles, RE: Signage and Enforcement for Winter Parking Bans in Saint John The City of Saint John requests the Province of New Brunswick consider amending its Motor Vehicle Act (MVA) to more effectively manage on -street parking that impedes snow removal in municipalities. First, article 113(5) of the MVA limits a road authority's ability to enforce on -street parking regulations for the purpose of snow removal without signage to the midnight to 7 a.m. time frame. We would like the Province to consider amending the MVA by removing the time limitation such that enforcement without signage can occur at any time during the day or night in winter conditions. Second, the MVA limits vehicle towing authority to a peace officer. We would like the Province to consider amending the MVA such that enforcement officers from our Parking Commission and/or foremen within our snow clearing operations also has the authority to cause a vehicle to be towed when it is impeding snow clearing operations. Sincerely, Jeff Trail City Manager 133 Meeting Date October 13, 2015 Deputy Mayor Rinehart and Councillors, Subject: Reversing Falls Lease Agreement The Committee of the Whole, having met on October 13, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole having met on October 13, 2015, that Common Council adopt the following resolution: Provided that the City's Lease with 662677 N.B. Inc. for 450 Falls View Drive dated May 31, 2012 as amended January 20, 2015 is not in default and that clause 1(d) in the amendment made January 20, 2015 has been deleted by an amending agreement between the City of Saint John and 662677 N.B. Inc., the City lease to Reversing Falls Skywalk Inc. the premises at 200 Bridge Road upon the terms and conditions set out in the Lease Agreement." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 134 LEASE AGREEMENT THIS INDENTURE made effective as of the BETWEEN: 1 2 3 NET LEASE - VERSION 14- OCTOBER 6, 2015) day of October, 2015. THE CITY OF SAINT JOHN, a body corporate by Royal Charter, of 15 Market Square, Saint John, NB, E2L 41-1; (the "Landlord") -and - REVERSING FALLS SKYWALK INC., (a Corporation to be incorporated) ; (the "Tenant") DEMISED PREMISES For and in consideration of the rents, covenants, agreements and conditions hereinafter reserved and contained and performed on the part of the Tenant to be respectively paid, kept, observed and performed, the Landlord, being the registered owner of the hereinafter described lands, has demised and leased, and by these presents does demise and lease unto the Tenant the lands and premises more particularly described in Schedule "A" attached hereto and located at 200 Bridge Road, Saint John, New Brunswick having Parcel Identifier Number 55155485, together with all rights and appurtenances whatsoever to the said premises belonging or appertaining (the "Demised Premises"). TERM To have and to hold the said Property unto the Tenant for and during a term of sixty (60) years commencing on the 15" day of October, 2015, (the "Term Commencement Date") and expiring on the 14th day of October, 2075. RENT (a) Subject to subparagraph 3(b) hereunder, the Tenant shall pay rent to the Landlord as follows: (i) for and during the first ten (10) years of this Lease from the Rental Commencement Date the monthly rent shall be $4,000.00 payable on the first day of each and every month. (ii) for and during the second ten (10) years of this Lease the monthly rent shall be $5,500.00 payable on the first day of each and every month; (iii) for and during the third ten (10) years of this Lease the monthly rent shall be $6,600.00 payable on the first day of each and every month; (iv) for and during the fourth ten (10) years of this Lease the monthly rent shall be $7,290.00 payable on the first day of each and every month; (v) for and during the fifth ten (10) years of this Lease the monthly rent shall be $9,504.00 payable on the first day of each and every month; (vi) for and during the sixth ten (10) years of this Lease the monthly rent shall be $11,405.00 payable on the first day of each and every month. 135 -2- (b) RENT ABATEMENT No rent shall be payable by the Tenant until June 1, 2016 in order to allow the Tenant time to upgrade the Demised Premises and to get the Demised Premises ready for business. If however, the Tenant opens the Demised Premises for business ("Opening Day") before June 1, 2016, the Tenant shall commence paying rent to the Landlord effective the date of the Opening Day. (c) ADDITIONAL RENT No Additional Rent shall be due under this Lease. (d) PLACE OF PAYMENTS All payments to the Landlord required hereunder shall be paid by the Tenant to the Landlord at the City Hall Cashier's Office, 15 Market Square, Saint John, New Brunswick, or such other place as may be substituted in lieu thereof, by way of cheque or automatic bank withdrawals as the Tenant may decide. 4. SECURITY DEPOSIT No Security Deposit shall be paid under this Lease. 5. ABSOLUTELY NET, NET, NET LEASE (a) This Lease shall be at all times be construed as an absolutely carefree and net, net, net lease to the Landlord and accordingly absolutely all government levied, legislated or placed taxes, or charges, value added taxes, sales taxes, realty taxes, charges, expenses, costs, payments and outgoings incurred in respect of the Demised Premises, the subject tenancy, the revenue derived therefrom and the improvements shall be borne by the Tenant so that the rent, revenue and income herein provided shall be absolutely net to the Landlord and free of all charges, abatement, set-off or deduction for government levied, legislated or placed taxes, value added taxes, sales taxes, goods and services taxes, realty taxes, charges, rates, assessments, expenses, costs, payments or outgoings of every nature arising from or related to the Demised Premises, the rental derived therefrom and the improvements thereto, and the Tenant shall pay all such taxes, charges, rates, assessments, expenses, costs, payments and outgoings. (b) The Landlord shall not be required to make any improvements to the Demised Premises. 6. POSSESSION The Tenant acknowledges that it is taking the Demised Premises "as is" and that there is nothing whatsoever that is required to be done by the Landlord in or about the Demised Premises, save and except as specifically set forth herein. Provided however that if the Demised Premises shall not be available for occupancy by the Tenant and vacant possession thereof on the term commencement date, then the term hereby granted shall commence from the date that the Demised Premises shall be available for occupancy and vacant possession thereof given by the Landlord to the Tenant, whereupon this Lease with the covenants, conditions and agreements herein shall be given full force and effect; provided however that if the day that the Demised Premises become available for occupancy falls on a day other than the first day of any calendar month then the rental payment for such broken month shall be that portion of the said monthly rental payment as the number of unexpired days in the calendar 136 -3 - month remaining on the day the Demised Premises become available for occupancy bears to the total number of days in that calendar month; all subsequent rental payments shall be made monthly in advance on the first day of each and every calendar month in each and every year during the term hereof, the last month's rent in the within term of this Lease to be adjusted in accordance with the same principles as hereinbefore mentioned in connection with the first month's rent. Provided further however, the Tenant shall examine the Demised Premises before taking possession hereunder and such taking of possession shall be conclusive evidence as against the Tenant that at the time thereof the Demised Premises were fully completed and in good order and satisfactory condition and that nothing further was to be done by the Landlord in or with respect to the Demised Premises except as herein specifically provided or at such time agreed to by the Landlord with the Tenant in writing. Provided further however, the Demised Premises shall not be considered to be unready for occupancy if only minor details of construction, decoration or mechanical adjustment remain to be done. Provided further however, the Tenant shall have no claim against the Landlord by reason of the Demised Premises not being ready for occupancy on the term commencement date or any other date. In the event, with the permission of the Landlord, the Tenant shall occupy the Demised Premises or any part thereof prior to the term commencement date, such occupancy shall be deemed to be permissive at the will of the Landlord and in the absence of any other written agreement relating thereto, shall be governed by the terms, provisos, covenants, agreements and conditions of this Lease, including without limitation, payment for use and occupation at the rate of rent herein mentioned. Save and except as expressly set forth herein, the Tenant shall be solely responsible for all work desired by the Tenant, or necessary, to complete the Demised Premises for the Tenant's occupancy. All such work shall be approved, performed and completed in strict compliance with the National and Municipal Building Codes. 7. USE OF PREMISES The Demised Premises shall be used for and occupied by the Tenant for the purpose of a licensed restaurant, lounge, gift shop, tourist information centre, Skywalk, general entertainment, roof top observation deck and roof ton theatre and such purposes consistent with a restaurant and gift shop and a destination for tourists and for no other purpose whatsoever without first obtaining the Landlord's written consent, which consent may not be unreasonably withheld. 8. THE TENANT HEREBY COVENANTS AND AGREES WITH THE LANDLORD DURING THE CURRENCY OF THIS LEASE AS FOLLOWS: (a) PAYMENT OF RENT During the said term to promptly pay or cause to be paid unto the Landlord the rents reserved at the time and in the manner hereinbefore mentioned without any set-off or deductions whatsoever. (b) NUISANCE, ANNOYANCE AND POLLUTION Not to carry on any business or occupation or do anything or permit anything to be done in or about the Demised Premises that shall be in contravention of any law nor suffer or permit the Demised Premises to be used for any purpose other than the use hereinbefore specifically mentioned or which shall be contrary to any environmental concerns or requirements. Further, the Tenant shall protect, indemnify and save the Landlord absolutely harmless from and against any loss or damage resulting from any pollution or environmental matter or concern respecting 137 the Demised Premises, the said lands and any other lands, and for any claim or action or any kind whatsoever made or commenced by any person or pollution control agency, which loss or damage or claim or action arose or may have arisen as the result, direct or indirect, of the Tenant, its servants, agents, employees or independent contractors, having deposited or having permitted the deposit of any pollution or waste of any type upon, within or in the Demised Premises, the aforesaid lands, any other lands, or in any waters in any stream, water course, sanitary disposal system or storm drainage system contrary to any one or more of the provisions of any environmental protection laws. (c) INSURANCE (i) During the entire term hereof to maintain and keep in full force and effect a policy of general, public liability and property damage insurance protecting and indemnifying the Tenant and the Landlord against any and all claims for injury or damage to person or property or for loss of life occurring upon, in or about the Demised Premises, such insurance to offer immediate protection in the limit of not less than FIVE MILLION ($5,000,000.00) DOLLARS, which amount may be required to be increased by the Landlord from time to time in accordance with the Landlord's municipal policies from time to time. The policy shall contain, without limitation, a waiver of subrogation clause respecting the Landlord (or alternatively the Landlord shall be a named insured thereunder) and a clause providing that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days' prior written notice thereof. The insurance shall be with an insurance company approved by the Landlord and a certified copy of the policy of insurance shall be delivered to the Landlord prior to the commencement of the term hereof. (ii) For the duration of this Lease the or any renewal thereof the Tenant has an insurable interest in any alterations, additions and improvements that may be made by the Tenant in and to the Demised Premises and the Tenant is entitled to insure such alterations, additions and improvements up to their full insurable value and to receive the proceeds so placed by the Tenant. (d) CLEANING The Tenant shall not place, leave or permit or suffer to be placed, left in or upon the roads, parking lots, sidewalks and delivery areas forming part of the lands, any debris or refuse, and will at all times during the said term, at its cost and expense, keep the Demised Premises in a clean, wholesome and sanitary condition, free and clear of all waste paper and other substances which would be a nuisance or liable to occasion fire and will cause all dirt, rubbish, garbage and other refuse or matter on or about the Demised Premises to be carefully collected and deposited in containers provided by the Tenant and properly disposed of. (e) REPAIR To occupy the Demised Premises in a tenant -like manner and not permit waste, and at all times during the continuance of this Lease at its sole cost and expense, shall properly, well and sufficiently replace, repair, maintain, amend and keep the Demised Premises with appurtenances (including but without restricting the generality of the foregoing, plate glass windows, signs, partitions, doors, heating system, air conditioning system, plumbing system, electrical service, and ventilation system) in good and substantial repair and all fixtures thereto belonging, or which at any time during the 138 said term shall or may be erected and made by the Landlord and/or Tenant when, where and so often as need shall be (save and except only structural repairs and those damages by fire, steam, explosion, lightning and tempest and acts of God or the Queen's enemies for which the Landlord shall receive compensation from its insurers) and will at the expiration or earlier termination of this Lease yield up the Demised Premises in good and tenantable repair. In addition to and without limiting the generality of the foregoing, the Tenant shall keep all wiring, pipes and mechanical apparatus in and upon the Demised Premises in good and tenantable repair, and in the event of damage being done to the same, the Tenant shall forthwith repair such damage as well as any other damage to the Demised Premises caused thereby. (f) INDEMNIFICATION To indemnify the Landlord from all liabilities, costs, damages, loss, fines, suits, claims, demands and actions or causes of actions of any kind or nature for which the Landlord shall or may become liable or suffer by reason of any breach, violation or nonperformance by the Tenant of any covenant, agreement or proviso hereof, or by reason of any injury or death occasioned to or suffered by any person or persons or any property through any act, neglect or default by the Tenant or any of its agents, servants, employees or invitees; such indemnification in respect of any such breach, violation or nonperformance, damage to property, injury or death occurring during the term of this Lease shall survive any termination of this Lease, notwithstanding anything to the contrary. (g) LANDLORD RELEASED FROM LIABILITY The Landlord shall not be liable or responsible for any personal or consequential injury of any nature whatsoever that may be sustained by any persons, or for any loss of or damage to any property at any time in the Demised Premises in the building or on the lands, or for any loss to the business of the Tenant caused directly or indirectly by any latent or other defect in the Demised Premises and the fixtures thereto belonging or to the building or to the lands, or by reason of the interruption of any public utility or service, or from or by steam, electricity, gas, water, rain or snow which may leak into, issue or flow from any part of the lands or the building or from the pipes, wires or plumbing works of the same or from any other place or quarter, or from or by any other reason, matter or cause whatsoever. (h) TOURIST BUREAU While this Lease and any renewal thereof is in effect, the Tenant agrees to permit the Landlord or its designate to operate a tourist bureau on the Demised Premises in such space as the Tenant may reasonably permit on terms to be agreed upon subject however that in the event the Landlord operates a tourist bureau from the Demised Premises the Landlord shall be responsible for any related costs for tourism material including the wages or salary of any employee hired by the Landlord for such purposes. (1) COMPLIANCE WITH LAWS To comply as far as it is liable to as Tenant, with all the requirements and the laws and ordinances of or in force in Canada or the Province of New Brunswick, or of any municipal by-law with regard to the protecting and proper adjustment of all electrical, gas lighting, heating and other fittings, machinery or appliances, furniture or furnishings and will protect and otherwise guard against danger of fire or explosion by reason of the use thereof by complying with the requirements of the said laws and 139 -6 - ordinances and by-laws in respect of the maintenance and use thereof and of all exits and entrances or other lawful requirements. 0) UTILITIES AND LICENSES To pay when the same shall become due and payable all license fees, charges for garbage removal, janitorial services, maintenance, electric current, heat, water, sewer and telephone and other similar charges and fees of any nature whatsoever which may be assessed or charged against or in respect of the Demised Premises or the occupancy thereof during the said term. The Tenant shall pay for those of its own utilities of every nature which shall be separately metered to the Demised Premises and shall enter into contracts respecting the supply of the same the earlier of either the date of occupancy of the Demised Premises by the Tenant or the term commencement date. (k) TAXES To pay all government levied, legislated or placed taxes, value added taxes, sales taxes and goods and services taxes charged or assessed respecting the Demised Premises, or the business carried on therein. (1) LIENS Not to suffer or permit during the said term any Builders' or other liens for work, labour, services or material ordered by the Tenant or for the cost of which the Tenant may in any way be obligated, to attach to the Demised Premises or any portion thereof, or to any improvements erected upon same, and that whenever and so often, if ever, as any such lien or liens shall be filed or shall attach, the Tenant will within ninety (90) days thereafter either pay the same or procure the discharge thereof by giving security or in such other manner as is or may be required or permitted by law. (m) TAXES ON LEASED PREMISES AND LEASEHOLD IMPROVEMENTS During the said term the Landlord shall notify the Tenant of the real property taxes attributable to such Demised Premises and the Tenant hereby covenants to pay for the Demised Premises. its share of said taxes as herein provided or with the next monthly instalment of the rent payment due together with an amount equal to the amount of money which would be payable as real property tax levied against the Demised Premises under Sections 5(1), 5(2), 5(2.01) of the Real Property Tax Act, S.N.B. as amended or any Act enacted in lieu thereof by any owner thereof other than a Municipality. (n) EXTERIOR SIGNS Subject to any applicable municipal by-laws, the Tenant shall be entitled to install any signs on the exterior of the building, at its expense. The Tenant shall also be responsible for the repair and maintenance of the "Loyalist Man" sign at the front of the property notwithstanding it is outside the boundaries of the Demised Premises. Such responsibility shall not extend to replacing the existing sign. (o) SIDEWALKS AND PARKING AREAS The Landlord will not perform snow removal in the adjoining parking lot and municipal street other than the travelled portion of Fallsview Drive will be plowed in accordance with the City of Saint John road clearing standards in effect from time to time. Jpon and after the opening of th( 140 Demised Premises for business the Tenant shall keep the sidewalks immediately in front of the Demised Premises, and any portion of the lands demised hereby and any parking areas required for the Demised Premises free and clear of snow, ice and other obstructions according to municipal by-laws and be responsible for any infraction thereof and for any loss suffered by the Landlord as a result of any breach thereof by the Tenant. (p) DISTRESS FROM DEMISED PREMISES The Tenant further covenants that if it leaves the Demised Premises leaving any rent owing under this Lease unpaid, the Landlord, in addition to any remedy otherwise provided by law, may seize and sell the goods and chattels of the Tenant at any place to which the Tenant or any other person may have removed them, in the same manner as if such goods and chattels had remained, and been distrained, upon the Demised Premises. (q) POST-DATED CHEQUES On or before the commencement of the term hereof and on or before every succeeding anniversary date thereof, the Tenant shall deliver to the Landlord a series of twelve (12) monthly post-dated cheques, each in an amount equal to all rent payable hereunder. (r) CAPITAL CONSTRUCTION SCHEDULE The Tenant shall deliver to the Landlord by the close of the Landlord's business (4:30 pm local time) on March 31, 2016 a capital cost schedule outlining the work to be done by the Tenant in the Demised Premises and the cost thereof to be a minimum of $500,000.00 (s) BANKRUPTCY The Tenant covenants and agrees that, if any of the goods and chattels of the Tenant on the Demised Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Tenant of if the Tenant shall make any assignment for the benefit of creditors or any bulk sale (without complying with the provincial bulk sales legislation) or, becoming bankrupt or insolvent, shall take the benefit of any federal or provincial act now or hereafter in force for bankrupt or insolvent debtors of if any order shall be made for the winding -up of the Tenant, or if the Demised Premises shall, without the written consent of the Landlord (which consent shall not be unreasonably withheld), be used by any other persons than such as are entitled to use them under the terms of this Lease, then the Landlord may re-enter and take possession of the Premises as thought the Tenant was holding over after the expiration of the Term and the Term shall, at the option of the Landlord, forthwith become forfeited and determined. Furthermore, in the event of the bankruptcy of the Tenant, the next ensuing three (3) months' rent from and after the date of bankruptcy shall immediately become due and payable and shall be recoverable by the Landlord in accordance with and subject to all applicable laws and priorities governing the bankruptcy of the Tenant. (t) IMPROVEMENTS TO THE DEMISED PREMISES The Tenant agrees that the Landlord shall not be required to make any improvements to the demised premises. 141 -8- 9. THE LANDLORD HEREBY COVENANTS WITH THE TENANT AS FOLLOWS: (a) PEACEFUL POSSESSION The Tenant, upon paying the rent hereinbefore reserved at the time and in the manner aforesaid, and upon keeping and performing each and every covenant, agreement, term, provision and condition herein contained, shall and may from time to time and at all times during the said term peaceably and quietly enjoy the Demised Premises hereby demised without molestation or hindrance by the Landlord or by any other person lawfully claiming the same, subject to the mortgages or deeds of trust to which this Lease is subject and subordinate. (b) REAL PROPERTY TAXES The Landlord shall provide the Tenant with the Real Property Tax Notice issued by the Province of New Brunswick each year. The Tenant shall pay the Landlord the amount due for such Real Property Taxes for the Demised Premises and the Landlord shall be responsible for paying all such taxes. The Tenant shall be entitled to appeal the assessment of the Demised Premises in any year if the Tenant is of the belief the Provincial Government assessment of the Demised Premises is excessive. (c) LEASEHOLD MORTGAGE The Tenant shall have the right at any time and from time to time to enter into a Leasehold Mortgage of its interest in or to the Demised Premises, and/or in or under this Lease and to make lawful assignments by way of security of rents and to extend, modify, renew or replace any such Leasehold Mortgage or any such assignment or rents without the consent of the Landlord. (d) SALE OF PROPERTY The Landlord shall not sell or dispose of the Demised Premises during the term of this Lease or any renewal thereof. 10. THE LANDLORD AND THE TENANT HEREBY COVENANT WITH EACH OTHER AS FOLLOWS: (a) FORFEITURE If and whenever the rent hereby reserved or any part thereof, or any other payment due under this Lease, shall be unpaid for fifteen (15) days after any of the days on which the same should have been paid, although no formal demand shall have been made therefor, or in case of the breach or non-performance of any of the covenants, terms, provisos or conditions in this Lease mentioned, then and in every such case it shall and will be lawful for the Landlord at any time and from time to time thereafter, notwithstanding any former breach or non-performance or any waiver of the Landlord's rights arising therefrom in, to re-enter the Demised Premises or any part thereof in the name of the whole, and the same to have again, repossess and enjoy as of its former state, anything herein contained to the contrary notwithstanding. This provisos shall extend and apply to all covenants, terms, provisos or conditions hereinbefore or hereinafter contained, whether positive or negative on the part of the Tenant to be observed or performed. Provided further however, no act of the Landlord of any nature or kind shall at any time during the currency of this Lease or renewal thereof be deemed to be a waiver of any of the rights of the Landlord. 142 0 (b) OPTION TO RENEW In the event that the Tenant pays, observes and performs, at all times during the currency of this Lease, all, each and every one of the terms, conditions and provisos of this Lease which are the responsibility of the Tenant, then the Landlord shall grant to the Tenant renewals of this Lease of the Demised Premises for a further four (4) terms of ten (10) years each, (the "Renewal Term") upon receipt of the Tenant's written request therefor (to be received by the Landlord no later than Ninety (90) days prior to the expiration date of the term of this Lease, failing which the Tenant shall have no right whatsoever to renew this Lease) at a yearly rental based on market rents at that time. In the event the Tenant has not provided the Landlord with such Notice within the said ninety (90) days, the Landlord shall confirm the Tenant's decision not to renew the Lease before considering the Lease to be terminated Such renewal of this Lease shall be upon all the same term, conditions and provisos of this Lease, save and except this clause shall be deleted in its entirety and the yearly rental under the renewed Lease shall be amended in accordance with the amended rental for the Demised Premises. The determination of fair market rental value of the Demised Premises shall be made as of the expiration date of this Lease and shall be based on the assumption that the Demised Premises may be used: (i) for the purposes for which they are being used; (ii) for the purposes for which they are required to be used pursuant to the terms of this Lease; (iii) for the purposes for which they may on the said date be lawfully used; whichever purpose shall be the greatest, highest and most valuable purpose then available and without regard to the existence of the Lease. In the event that the Landlord and the Tenant are unable to agree as to the aforesaid fair market rental value, then the determination of same shall be referred to a Board of three (3) arbitrators, each of whom shall be an expert in the field of real estate leasing in the City of Saint John, in the Province of New Brunswick. The Landlord and the Tenant shall each appoint within seven (7) days of the date that the Landlord and the Tenant are unable to agree upon the fair market rental value of the Demised Premises, a person who is an expert as aforesaid, who shall together appoint a third arbitrator in writing. If either of the Landlord or the Tenant shall refuse or neglect to appoint such a person and such party so refusing or neglecting to appoint an arbitrator shall have been served a written notice requiring the making of such an appointment, then at the expiration of seven (7) days following the date of service of such notice, the person appointed by the other shall, at the request of the party appointing him, proceed to hear and determine the matters in difference or in dispute, as if he were a single arbitrator appointed by both the Landlord and the Tenant duly authorized for that purpose. If both the Landlord and the Tenant appoint their respective arbitrators in the time prescribed and they do not agree within a period of five (5) days upon the appointment of the third arbitrator, then upon the application to the Court of Queen's Bench of New Brunswick by either the Landlord or the Tenant pursuant to the Arbitration Act of New Brunswick, as amended. The award or determination made by the said arbitrators or the majority of them, or by the single arbitrator, as the case may be, shall be final and binding upon the Landlord and Tenant, their successors and assigns. The provisions of this paragraph shall be deemed to be a submission to arbitration within the provisions of the said Arbitration Act, and any statutory modification or 143 -10 - re -enactment thereof; provided that any limitation on the remuneration of arbitrators imposed by such legislation shall not be applicable. (c) ABANDONED PREMISES In the event that the Demised Premises during the term shall be left or become vacant and the Tenant shall fail to make payment of rent or the Tenant shall cease to provide for the operation of a tourist bureau, the Landlord, its agent or agents, may re-enter upon the same and for the purpose of any re-entry under this or the next preceding paragraph it shall and may be lawful for the Landlord, by itself or its servant or servants and with such assistant or assistants as it may require for that purpose to break and force open any doors, locks, bars, bolts, fastenings and hinges. (d) ASSIGNMENT, SUBLETTING OR SALE The Tenant may assign or sublet all or a portion of the Demised Premises to third parties for the purposes of the operation and/or management of a Restaurant, general entertainment, lounge, gift shop, -r)r)f tr)n nhcPrvatinn deck. roof tori theatr and/or skyway walk, with the Landlord's consent, which consent shall not be unreasonably withheld or delayed. Any sale, transfer or disposition of all or any part of the shares, capital stock or voting rights of the Tenant may be permitted with the Landlord's consent which consent shall not be unreasonably withheld or delayed. (e) PARTITIONS, ALTERATIONS AND IMPROVEMENTS The Tenant shall be entitled to make any alterations, additional or improvements to the Demised Premises at its own cost and expense during the term of this Lease provided that all applicable building permits are obtained from the City of Saint John. The Tenant may, in its sole discretion, and for its sole and exclusive use, at the expiration, or earlier termination of the term of this Lease, remove all such alterations, decorations, additions, improvements, repairs or replacements, or any part or parts thereof, provided that no structural damage is done to the building upon the Demised Premises. (f) LANDLORD'S RIGHT ON RE-ENTRY OR TERMINATION If the Landlord shall re-enter or if this Lease shall be terminated as herein provided, or if the Tenant shall abandon the Demised Premises or surrender possession without the express written consent of the Landlord, then: (i) no act of the Landlord shall operate as an acceptance of surrender or shall operate as an extinguishment of the remedies of the Landlord, as herein provided or otherwise, by operation of law or otherwise; and (ii) rent shall immediately become due and be paid up to the time of such re-entry or termination together with the reasonable expenses of the Landlord as hereinafter defined; and (iii) the Landlord may re -let the Demised Premises or any part thereof either in the name of the Landlord or otherwise, as agent of the Tenant and the Tenant does hereby expressly constitute and appoint the Landlord as its agent for such purpose, for a term or terms which may, if the Landlord chooses, be less or greater than the balance of the term of this Lease and the Landlord may grant all 144 -11 - reasonable concessions in connection therewith; and (iv) the Landlord may, at its option and in addition to any other remedy it may have, require that the Tenant pay forthwith to the Landlord as liquidated damages for the default of the Tenant in the observance and performance of the covenants under this Lease, in addition to all rent reserved to be paid and remaining unpaid by the Tenant under this Lease to the date of default by the Tenant, an additional amount equal to three (3) months' rent, less any amount received by the Landlord with respect to the re -rental of the Demised Premises. Notwithstanding anything to the contrary herein contained, acceptance of the surrender of this Lease shall not be effective unless made in writing and signed by the Landlord. No act of the Landlord shall operate as an acceptance of surrender or shall operate as an extinguishment of the remedies of the Landlord as herein provided or otherwise, by operation of the law or otherwise. (g) TENANT'S FIXTURES All fixtures, improvements and appurtenances attached to or built into the Demised Premises at the commencement or during the term at the expense of the Tenant or by the Tenant, including the proposed "Skywalk", (the "Fixtures") may be removed by the Tenant at the end of this Lease unless otherwise expressly provided in this Lease. The Tenant may install its usual business and trade fixtures in the usual manner in the Demised Premises, provided such installation and subsequent removal does not damage the Demised Premises or the building. Such removal by the Tenant of its business and trade fixtures as aforesaid shall only be permitted provided that the Tenant is not in default under any covenant or agreement contained herein at the time of such removal, and if in default, the Landlord shall have a lien on the Tenant's business and trade fixtures as security against loss or damage resulting from any such default by the Tenant and the Tenant's business and trade fixtures shall not be removed by the Tenant until such default is cured, unless otherwise directed by the Landlord. (h) LIABILITY AND INDEMNITY OF LANDLORD The Tenant hereby protects, indemnifies and covenants to save the Landlord absolutely harmless from and against all liability, claims, damages or expenses due to or arising out of any act or neglect by the Tenant or its servants, employees, agents, customers, invitees or licensees on and about the Demised Premises, the building, the lands and the common areas or due to or arising out of any breach by the Tenant of any provision of this Lease, including liability for injury or damages to the persons or property of the Tenant's servants, employees, agents, customers, invitees or licensees. (i) HOLDING OVER If the Tenant should hold over after the Term, or any extension thereof, such holding over shall be construed to be a tenancy from month to month only. Such month to month tenancy shall be governed by the terms and conditions hereof, notwithstanding any statutory provisions or rules of law with respect to the instance of a month to month tenancy; provided however, that during such period of overholding the Tenant shall be required to pay the monthly rent due in accordance with the monthly rental amount established for the term having just expired, and all other 145 -12 - payments which it has herein covenanted to pay, all of which sums are to be paid monthly in advance. 0) DAMAGE AND DESTRUCTION (1) RENT ABATEMENT If the premises shall be damaged or destroyed such that the Premises or any substantial part thereof is rendered unfit for occupancy by the Tenant, as determined by the Tenant, acting reasonably, then from and after the date of occurrence of such damage or destruction and until the completion of repaid and rebuilding such that the Demised Premises are reasonably capable of occupancy (it being agreed that repair and reconstruction of the Demised Premises is a Tenant responsibility at the Tenant's cost), rent payable under this Lease shall abate in proportion to the part or parts of the Demised Premises not reasonably capable of occupancy. (H) LEASE TERMINATION (a) In the event of substantial damage or destruction of the Demised Premises, or any portion thereof and such damage or destruction shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 365 days of the happening of such damage or destruction, the Tenant may, within 90 days after the date of the occurrence of such damage or destruction, terminate the Lease on 30 days' written notice to the other and the Tenant shall deliver up the possession of the Premises accordingly. (b) In the event of termination, rent shall be apportioned and shall be payable up to the date of the occurrence of the damage or destruction. (c) If this Lease is not terminated pursuant to the provisions herein, then the Tenant shall commence and proceed diligently to complete the repair and rebuilding of the Demised Premises with reasonable dispatch. (k) NOTICES Any notice, statement or request herein requested or permitted to be given by either party to the other shall be in writing, and personally delivered or shall be deemed to have been sufficiently and effectually given if signed by or on behalf of the party giving the notice and mailed by registered prepaid post, or delivered, in the case of the Landlord at the address at which rental payments due hereunder are then being made, and in the case of the Tenant, to it addressed to the Demised Premises with a copy to err such other address or addresses as either party in writing may direct from time to time. Any such notice given as aforesaid shall be conclusively deemed to have been given and received, if delivered, on the date of such delivery, or if mailed, fourteen (14) business days after such mailing. In the event of an existing or impending postal interruption affecting either of the parties hereto, any such notice, statement or request shall be delivered to the addresses as hereinbefore set forth rather than mailed as aforesaid. 146 -13- (1) NO REGISTRATION Either the Landlord or the Tenant may register this Lease in the Saint John County Registry Office and, should the title to the Demised Premises be registered under the Land Titles Act, then this Lease or a Notice thereof may be registered in the Land Titles Office (Saint John). (m) TIME OF ESSENCE Time shall be of the essence of this Lease save as herein otherwise expressly specified. (n) CAPTIONS The captions appearing in this Lease have been inserted as a matter of convenience and for reference only, and in no way define, limit or enlarge the scope or meaning of this Lease, nor of any provision hereof. (o) TERMS, COVENANTS AND CONDITIONS INVALID If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease or application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant or condition of this Lease not invalid or unenforceable shall be valid and enforceable to the fullest extent permitted by law. (p) GOVERNMENTAL REGULATIONS The Tenant shall abide by all laws, by-laws, legislative and regulatory requirements of any governmental or other competent authority relating to the business conducted on the Demised Premises and shall indemnify, protect and save the Landlord harmless from all costs or charges incidental thereto, or damages or penalties by reason of breach thereof. (q) FORBEARANCE No condonation or waiver by the Landlord of any non -observance or non-performance by the Tenant of any of the provisions hereunder will operate as a waiver or estoppel by or against the Landlord in respect of any subsequent non -observance or non-performance by the Tenant of the same or any other provision hereunder. (r) GENERAL This Lease shall enure to the benefit of and be binding upon the Landlord, its, administrators, successors and assigns, and upon the Tenant, its administrators, successors and assigns. (s) GOVERNING LAW This Lease is to be governed by and construed according to the law of the Province of New Brunswick. 147 -14- (t) ACCEPTANCE The Tenant hereby accepts this Lease of the Demised Premises to be held by it as the Tenant, and subject to the conditions, restrictions and covenants above set forth. IN WITNESS WHEREOF the Landlord and the Tenant have executed this Lease attested to by their properly authorized officers, all as of the day and year first above written. The Landlord The City of Saint John Per: Mayor And: Common Clerk Common Council Resolution October 13, 2015 The Tenant Reversing Falls Skywalk Inc. Per: President UM SCHEDULE"A" All that certain lot, piece or parcel of land situated in the City of Saint John, County of Saint John in the Province of New Brunswick being designated "Parcel A" on a Subdivision Plan titled "Subdivision Plan, The City of Saint John Subdivision, Falls View Drive, City of Saint John, Saint John County, New Brunswick, surveyed by John E. Calvin, New Brunswick Land Surveyor on August 20, 2001 and filed in the Saint John County Registry Office on June 8, 2012 as Number 12818630. 149 Meeting Date October 13, 2015 Deputy Mayor Rinehart and Councillors, Subject: Lease Amendment 450 Falls View Drive — PID 55217657 The Committee of the Whole, having met on October 13, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole having met on October 13, 2015, that Common Council adopt the following resolution: Provided the City's Lease with 662677 N.B. Inc. for 450 Falls View Drive dated May 31, 2012 as amended January 20, 2015 is not in default, the City, at the request 662677 N.B. Inc., agrees to delete clause 1(d) in the amending agreement dated January 20, 2015, and, that the Mayor and Common Clerk be authorized to sign any required documents." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 150 AGREEMENT This Agreement between made this day of October, 2015 BETWEEN: 662677 N. B. INC., a corporation incorporated under the laws of the Province of New Brunswick having a registered office at 200 Bridge Road, Saint John, NB, doing business as "Boaz Western Japanese & Korean Restaurant", ("Boaz") - and - REVERSING FALLS SKYWALK INC., a corporation incorporated under the laws of the Province of New Brunswick having a registered office at Saint John, NB, ("RFS") WHEREAS Boaz acquired a Lease from the City of Saint John (the "City") pertaining to the former Falls Restaurant, (the "Boaz Lease"); and WHEREAS, by Agreement dated January 20, 2015 Boaz and the City agreed to, among other things, that "the City shall not, after 6:00 pm. AST on January 7, 2015 operate or permit the operation of a restaurant or a gift shop from a building situated on Parcel A", being the property upon which the former Falls Restaurant was situated, (the "Restrictive Covenant"); and WHEREAS in the Boaz is in possession of certain chattels which were formerly used in the Falls Restaurant; and WHEREAS, RFS is negotiating a Lease with the City for Parcel A (the "RFS Lease") which will entail RFS operating, among other uses, a restaurant and gift shop from the building on Parcel A, (the "Premises to be Demised"); and WHEREAS Boaz, in consideration of RFS paying Boaz the sum of Fifty Thousand Dollars ($50,000.00) agrees to: A. terminate the Restrictive Covenant; and 151 B. deliver to RFS: (i) two (2) brass coat racks; (ii) the "Falls Restaurant" exterior sign; and (iii) the movie detailing the story of the Reversing Falls, if it can be located; C. release in favour of RFS all rights to the name "Falls Restaurant"; all subject to certain terms and conditions as hereinafter set out. NOW THEREFORE, the parties hereto agree as follows: 1. Boaz shall make a formal request to the City to request the City to consent to the termination of the Restrictive Covenant; and 2. Upon: (a) the City providing the consent to the matter referred to in paragraph 1 above; and (b) the City and RFS executing the RFS Lease in form satisfactory to the City and RFS; and (c) the City, with the consent of Boax, confirming to RFS that the Boaz Lease is in good standing and that all rent due thereunder is paid up to date; (d) the Chattels being delivered to RFS by Boaz; (e) Boaz signing a Release in favour of RFS to the name "Falls Restaurant"; RFS shall pay $50,000.00 (inclusive of any applicable Harmonized Sales Tax) to Boaz in full and final consideration of Boaz terminating the Restrictive Covenant and returning the Chattels. 3. For the purposes of subparagraph 2(d), Boaz agrees to $5,000.00 of the $50,000.00 payment being held in trust by RFS' Solicitors until such time as the Falls Restaurant sign and two (2) Coat Racks have been delivered to the Premises to be Demised at which time the said $5,000.00 will be paid to Boaz; 4. Boaz agrees to indemnify and save harmless RFS against any claim or claims made by any party against the Chattels; 5. RFS agrees to deduct from the $50,000.00 such amount as Boaz may direct to be paid to Mr. Jay Chang as a "Facilitator Fee" for his services in negotiating this Agreement; 6. This Agreement shall be subject to the laws of the Province of New Brunswick; 7. This Agreement shall be binding on the parties hereto and their respective successors and assign. 152 The parties to this Agreement hereby execute this Agreement by its duly authorized Officers effective as of the day of October, 2015. per: and: per: 662677 N.B. INC., doing business as "Boaz Western Japanese & Korean Restaurant" REVERSING FALLS SKYWALK INC., Max Kotlowski - President 153 TO: The City of Saint John WHEREAS 662677 N.B. Inc. doing business as "Boaz Western Japanese & Korean Restaurant" ("Boaz) acquired a lease to the former "Falls Restaurant", being Parcel "A" on Subdivision Plan in the Saint John County Registry Office as Number 12818630 from the City of Saint John (the "City") located at 200 Bridge Road, Saint John, NB and also leases from the City of Saint John the property located at 450 Falls View Drive, Saint John, NB being Parcel 12-01 on Subdivision Plan registered in the Saint John County Registry Office as Number 31567135; and WHEREAS by Agreement between the City and Boaz dated January 20, 2015 the City agreed to not operate or permit the operation of a restaurant or gift shop from the building situated on Parcel "A", (the "Restrictive Covenant"), and WHEREAS the City is preparing to lease Parcel A to another party (the "Third Party") provided that Boaz release the Restrictive Covenant which Third Party has agreed to pay Boaz for such Release; Boaz therefore agrees to terminate the Restrictive Covenant provided that the City enters into the lease with the Third Party and Boaz further agrees to release the City of Saint John of any further obligation in regards to Restrictive Covenant and accordingly requests the City to provide confirmation that the Restrictive Covenant is now terminated. It is hereby confirmed that nothing herein affects the remainder of the Agreement dated January 20, 2015 which Agreement shall remain in full force and effect except for the Restrictive Covenant. Dated at Saint John, NB, this day of October, 2015. 662677 N.B. INC. (doing business as Boaz Western Japanese & Korean Restaurant) Per: 154 Meeting Date October 13, 2015 Deputy Mayor Rinehart and Councillors, Subject: Appointment of Commissioner of Finance and Administrative Services and Treasurer The Committee of the Whole, having met on October 13, 2015, adopted the following resolution: "RESOLVED that as recommended by the Committee of the Whole having met on October 13, 2015, that Common Council adopt the following resolution: That effective October 14, 2015 and pursuant to section 74 of the Municipalities Act, Mr. Kevin Fudge be appointed "treasurer" of The City of Saint John, which includes all of the functions, duties and responsibilities associated with the role of "treasurer" under the Municipalities Act, and Commissioner of Finance and Administrative Services, and further, that Mr. Fudge's salary be set at Grade B, Step 1 of the existing Management Professional Pay scale." Sincerely, Mel Norton Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 155