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2018-07-09_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, July 9, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'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 2. Approval of Minutes 2.1 Minutes of June 18, 2018 1 - 12 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 M. Wallace Letter - Religious Events in K'ing's Square (Recommendation: 13-13 Receive for Information) 5.2 B. Belyea Letter - Entrance to Kennebecasis Park (Recommendation: Receive 14-14 for Information) 5.3 M.E. Carpenter Letter - Move SJ Jeopardizes Public Safety (Recommendation: 15-15 Receive for Information) 5.4 Romero House Soup Kitchen - Letter of Appreciation (Recommendation: 16-17 Receive for Information) 5.5 Dominion Park, District Park, Request for a Public Session to Update Residents 18-20 (Recommendation: Refer to City Manager) 5.6 Province of New Brunswick - Municipal Designated Highway Program - Updated 21-24 Five Year Plan (Recommendation: Refer to City Manager) 1 Poeta By:1 5.7 P. Groody Letter - Towards Public Confidence - A Community Survey 25-26 (Recommendation: Refer to Acting City Solicitor) 5.8 P. Groody Letter - Release of Water Quality Results (Recommendation: Refer to 27-27 Acting City Solicitor) 5.9 Saint John Board of Police Commissioners - 2018 Operating Budget - April 28-34 Financial Results (Recommendation: Receive for Information) 5.10 Tenders for Sodium Hypochlorite NaOCI - 2018-681002T (Recommendation in 35-38 Report) 5.11 Saint John City Market Energy Upgrades Grant Agreement (Recommendation in 39-73 Report) 5.12 Contract No. 2018-08: Water Main Cleaning and Lining - Phase 15 74-76 (Recommendation in Report) 5.13 Contract No. 2018-02: Ocean Drive Well House - Backup Generator 77-79 (Recommendation in Report) 5.14 Lorneville Marsh Creek Crossing Reconstruction Project (Recommendation: 80-83 Receive for Information) 5.15 Lorneville Community and Recreation Association - Lorneville Marsh Brook 84-84 Crossing Reconstruction (Recommendation: Receive for Information) 5.16 Planning Advisory Committee - Subdivision Application - Money -in -lieu of LPP 85-98 649 Churchland Road (Recommendation in Report) 5.17 Leveraging the Province of New Brunswick's Natural Gas Supply Contract 99-105 (Recommendation in Report) 5.18 TIVIR Radio System - Approval for Change Request (Recommendation in 106-119 Report) 5.19 New City Market Lease with The Donut Queen Inc. (Recommendation in Report) 120-137 5.20 Easement Acquisition - Gifford Road (Recommendation in Report) 138-149 5.21 Assent to Lands for Public Purposes and Assent to Public Street - High Ridge 150-169 Road (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Hepatitis Awareness Day - July 28, 2018 170-170 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. K 9.1 Proposed Zoning Bylaw Amendment - 237 Foster Thurston Drive - Staff 171-219 Presentation and Planning Advisory Committee report recommending Rezoning 9.1.1 Proposed Zoning Bylaw Amendment - 1 st and 2nd Reading 220-245 9.2 Proposed Section 59 Amendment - 357 Dufferin Row - Staff Presentation and 246-298 Planning Advisory Committee report recommending Amendment 10. Consideration of By-laws 10.1 A By -Law respecting Fees for Fire Protection Services in The City of Saint John 299-307 (3rd Reading) 10.2 City of Saint John Vehicle for Hire By -Law, replacing A By -Law Respecting the 308-376 Regulation and Licensing of Owners and Operators of Ta)icabs in the City of Saint John 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 2018 Election White Paper 377-395 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 99-101 St. James 396-438 Street (PID# 2733) 12.3 2018-2019 Operational Changes at City Arenas 439-460 12.4 Project Performance Update - Safe, Clean Drinking Water Project 461 -514 12.5 Public Feedback Period Summary - Preliminary Draft of the Central Peninsula 515-522 Neighbourhood Plan 13. Committee Reports 13.1 Finance Committee: LNG Revenue 523-527 13.2 Finance Committee: Capital Budget Policy FAS -005 528-533 13.3 Finance Committee: 2017 Consolidated Financial Statements 534-585 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Loch Lomond Villa Foundation - Glow in the Dark Night Golf at Riverside Golf 586-587 Course 16. Supplemental Agenda 17. Committee of the Whole K3 18. Adjoumment City of Saint John Common Council Meeting Monday, July 9, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Employment Matter 68(1)0) 1.3 Financial Matter 68(1)(c j) 1.4 Financial Matter 68(1)(c) 1.5 Legal Matter 68(1)(f) 1.6 Land Matter 68(1)(d,f) 61 Ville de Saint John Seance du conseil communal Lundi 9 juillet 2018 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous avez besoin des services en fran�ais pour une r6union du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique 16 h, Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative a 1'emploi — alinea 68(ly) 1.3 Question financiere — alineas 68(1)c) et j) 1.4 Question financiere — alinea 68(1)c) 1.5 Question juridique — alinea 68(1) j) 1.6 Question relative aux biens-fonds — alinea 68(1)d) 1.7 Question relative aux biens-fonds — alinea 68(1)d) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal de la s6ance du 18 juin 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Lettre de M. Wallace — Evenements religieux dans la place King's Square (recommandation : accepter a titre informatif) 5.2 Lettre de B. Belyea — Entree du pare Kennebecasis (recommandation : accepter a titre informatif) 6 5.3 Lettre de M. E. Carpenter — EnMouvementSJ menace la s&curit& publique (recommandation : accepter a titre informatif) 5.4 Romero House Soup Kitchen — Lettre de remerciements (recommandation : accepter a titre informatif) 5.5 Parc Dominion, pare du district — Demande d'une s6ance publique pour informer les r6sidents (recommandation : transmettre au directeur g&n&ral) 5.6 Province du Nouveau -Brunswick — Programme de subventions pour la r6fection de routes municipales d&sign&es — Mise a jour du plan quinquennal (recommandation : transmettre au directeur g&n&ral) 5.7 Lettre de P. Groody — Towards Public Confidence — A Community Survey (Gagner la confiance de la population — Sondage communautaire) (recommandation : transmettre a F avocat municipal remplapnt) 5.8 Lettre de P. Groody — Publication des r6sultats sur la qualit& de Peau (recommandation : transmettre a F avocat municipal remplapnt) 5.9 Bureau des commissaires de la police de Saint John — Budget de fonctionnement de 2018 — Bilan financier d' avril (recommandation accepter a titre informatif) 5.10 Soumissions relatives a Phypochlorite de sodium NaOCI — 2018-681002T (recommandation figurant au rapport) 5.11 Accord de subvention pour les am6liorations du march& municipal de Saint John — (recommandation figurant au rapport) 5.12 Contrat ri 2018-08 : Quinzi&me &tape du nettoyage et du revetement de la conduite d' eau principale (recommandation figurant au rapport) 5.13 Contrat ri 2018-02 : Abris de puits situ&s sur la promenade Ocean — G&n&rateur auxiliaire (recommandation figurant au rapport) 5.14 R&fection du passage de Marsh Brook (anciennement Lorneville Creek) (recommandation : accepter a titre informatif) 5.15 Association des loisirs de la collectivit& de Lorneville — R&fection du passage de Marsh Brook (anciennement Lorneville Creek) (recommandation : accept& a titre informatif) 5.16 Comit& consultatif d'urbanisme — Demande d'am&nagement de lotissement — Compensation mon&taire provenant du fonds en fiducie relatif aux terrains d'utilit& publique pour le 649, chemin Churchland (recommandation figurant au rapport) 5.17 Financement du contrat de gaz naturel conclu avec le gouvernement du Nouveau -Brunswick (recommandation figurant au rapport) M 5.18 Systeme de radiocommunications mobiles professionnelles (RMP) — Approbation de la demande de modification (recommandation figurant au rapport) 5.19 Nouveau bail conclu par le march& municipal et The Donut Queen Inc. (recommandation figurant au rapport) 5.20 Acquisition de servitude — chemin Gifford — (recommandation figurant au rapport) 5.21 Approbation d'am&nagement sur les terrains d'utilit& publique et d'une rue publique — chemin High Ridge (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ&e de sensibilisation a 1'h&patite — 28 juillet 2018 8. Delegations et presentations 9. Audiences publiques —18 It 30 9.1 Projet de modification de 1'ArrW de zonage visant le 237, chemin Foster Thurston — Pr&sentation du personnel et rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 9.1.1 Projet de modification de 1'ArrW de zonage — Premiere et deuxi&me lectures 9.2 Modification propos&e en vertu de Particle 59 — 357, ruelle Dufferin — Pr&sentation du personnel et rapport du Comit& consultatif d'urbanisme recommandant le changement de zonage 10. Etude des arretes municipaux 10.1 Un arrW municipal sur les frais pour les services de protection contre les incendies de City of Saint John (troisi&me lecture) 10.2 ArrW sur la location de v&hicules rempla�ant F arrW intitul& « ArrW portant sur la r&glementation des activit&s des propri&taires et exploitants de voitures-taxis et de F octroi de permis aux propri&taires et exploitants de taxis dans The City of Saint John ». 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Livre blanc sur les &lections de 2018 12.2 D&molition du batiment vacant, d&labr& et dangereux au 99- 101, rue St. James (NID 2733) E:3 12.3 Modifications op&rationnelles dans les arenas municipaux a 1'exercice 2018-2019 12.4 Point sur les progr&s du projet Eau potable saine et propre 12.5 Sommaire de la p&riode suppl&mentaire de retroaction publique — Ebauche pr&liminaire du Plan de voisinage de la p&ninsule centrale 13. Rapports deposes par les comites 13.1 Comite des finances : Revenus du terminal de gaz naturel liqu&fi& (GNL) 13.2 Comite des finances : Politique sur le budget d'immobilisations FAS -005 13.3 Comite des finances : &tats financiers consolid&s de 2017 14. Etude des sujets &cartes des resolutions en bloc 15. Correspondance generale 15.1 La Fondation de Loch Lomond Villa — Soir&e au clair de lune au golf Riverside 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance 100 - Council Minutes- Regular Meeting June 18, 2018 1► 1101011111.=ilk] xe111 w_1C71LTA 111isI1010 COMMON COUNCIL OF THE CITY OF SAINT JOHN JUNE 18, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Water Brent McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. 1 100 - Common Council Minutes June 18, 2018 2. Approval of Minutes 2.1 Minutes of June 4. 2018 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the minutes of the meeting of Common Council, held on June 4, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Award of Contract No. 2018-07 Musquash Water Pumping Station Electrical Substation 17.2 Appointment of Employer Nominee to Arbitration Board 17.3 NB Museum Construction Commencement and Lease Cancellations 17.4 Lorneville Road Upgrade MOTION CARRIED. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that item 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 99-101 St. James Street (PID# 2733) be withdrawn from the agenda. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Letter from the Province of New Brunswick - Federal Gas Tax Fund (GTF) - 2018 Allocation be received for information. 5.2 That the Letter from the Town of Quispamsis re: Thank You - Spring Freshet 2018 - Flood Relief Donations be received for information. 5.3 That the ACAP Saint John - Request to Present be referred to the Clerk to schedule. 5.4 That the Letter from M.E. Carpenter - Public Transit in Saint John be received for information. K 100 - Council Minutes- Regular Meeting June 18, 2018 5.5 That the submitted report M&C2018-173: Terms of the Spring 2018 Debenture Issue, be received for information. 5.6 That as recommended by the City Manager in the submitted report M&C2018-182: Designation of By -Law Enforcement Officers, Common Council adopt the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, (the "Local Governance Act") including the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law, By-law Number M- 30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Vincent Chan, Lorraine Denton, Tamara Duke, Marc Goguen, Stephen Guenette, Catherine Lowe, Christopher McKiel, Philip Mitton, Mark O'Leary, Amy Poffenroth, Dennis Richard, Mark Slader and Rachel Van Wart, By-law Enforcement Officer, are hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on February 27, 2012 and third reading on March 12, 2012, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until he/she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of this By-laws; K3 100 - Common Council Minutes June 18, 2018 AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a bylaw or an order made under this Act; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe, who is a By-law Enforcement Officer, is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes f rst. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act") including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of these By-laws; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe who is a By-law Enforcement Officer, is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including the Saint John Unsightly CI 100 - Council Minutes- Regular Meeting June 18, 2018 Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 132(1) and 132(2) of the Local Governance Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until he/she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until he/ she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart are hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until he/she ceases to be 61 100 - Common Council Minutes June 18, 2018 an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS, the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, including the Saint John Dog Control By-law, By-law Number M-13, Mobile Home Parks By-law, By-law Number M-20, City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11, Saint John Building By-law, By-law Number C.P. 101, and The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED, that Catherine Lowe is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint John Dog Control By-law, the Mobile Home Parks By-law, the City of Saint John Flood Risk Areas By-law, the Saint John Building By-law, and The Zoning By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Catherine Lowe is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By-law, the Mobile Home Parks By-law, the City of Saint John Flood Risk Areas By-law, the Saint John Building By-law, and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS subsection 135(4) of the Local Governance Act provides that within thirty days after the terms of a notice have been complied with or a debt due to a municipality or due to the Minister of Finance, as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the municipality to be affixed; C.1 100 - Council Minutes- Regular Meeting June 18, 2018 NOW THEREFORE BE IT RESOLVED, that Jonathan A. Taylor, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Pamela Bentley, Catherine Lowe, Christopher McKiel, Mark O'Leary, Amy Poffenroth and Rachel Van Wart under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the Common Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.7 That as recommended by the City Manager in the submitted report M&C2018-156: Contract No. 2018-01 Asphalt Resurfacing 2018 - Program Adjustment, Common Council approve an increase to the Contract award amount to Classic Construction (2012) Ltd. for Contract 2018- 01: Asphalt Resurfacing 2018 from $5,033,550.00 to $5,919,688.89. 5.8 That as recommended by the City Manager in the submitted report M&C2018-180: Proposed Public Hearing Date — 707 Westmorland Road and 1003 Latimore Lake Road, Common Council schedule the public hearing for the rezoning applications of Hughes Surveys and Consultants Inc. on behalf of Thomas Construction Ltd. (1003 Latimore Lake Road) and the City of Saint John (707 Westmorland Road), for Monday July 30, 2018 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.9 That as recommended by the City Manager in the submitted report M&C2018-178: Amendment to Purchase and Sale Agreement with Plaza Retail REIT Corner of Millidge and University Avenue, the agreement authorized by Council at its meeting dated August 4, 2015 (M&C #2015-156) with Plazacorp Property Holdings Inc. for the purchase and sale of City Lands bearing PID #55221717, and subsequently amended by Council on February 8, 2016 (M&C #2016-19); be further amended in Section 2.6 of the agreement to extend the date an additional two (2) years, until July 27, 2020 to remove the use restrictions on the Restricted Lands; in all other respects the agreement remain unchanged. 5.10 That as recommended by the City Manager in the submitted report M&C2018-186: Patio Licence for Market Square, 1. The City enter into the Licence agreement with The Hardman Group Limited, as attached to M&C 2018-186; and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. r� 100 - Common Council Minutes June 18, 2018 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations/Presentations 8.1 Province of New Brunswick - Communities Adapting to Climate Change Referring to the submitted action plan entitled Communities Adapting to Climate Change, Robert Capozi, Specialist Climate Change Secretariat, Environment and Local Government advised on how to complete the City's Adaptation Plan by year 2020; the climate indicators tracked by the province and future projections to year 2100 for sea level rise, weather, flood zones, invasive species and pests. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the presentation from the Province of New Brunswick - Communities Adapting to Climate Change be received for information. MOTION CARRIED. 8.2 YMCA - Our Strategy for Shared Growth and Impact Referring to the submitted report entitled YMCA - Our Strategy for Shared Growth and Impact, S. Boucher, President and CEO, commented on the role of the YMCA Greater Saint John Region to have a positive impact on the community from Sussex to St. Stephen. The growth and impact strategy aims to double the Y impact by 2022. Four focus areas are health, enrichment, diversity, and reach. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the presentation from the YMCA - Our Strategy for Shared Growth and Impact be received for information. MOTION CARRIED 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Bylaw — Fees for Fire Protection Services E:3 100 - Council Minutes- Regular Meeting June 18, 2018 Consideration was given to a submitted report M&C 2018-185: By -Law — Fees for Fire Protection Services. The City Manager advised on the availability through Home Owners Insurance Policies to recover fire service emergency response costs from the Home Owners Policy. This practice is used in Ontario and other provinces, however it has not been initiated in Atlantic Canada. The Fire Chief stated that the insurance providers collect a pool of fees to cover home fires. A bylaw is required to initiate this financial cost recovery. Responding to a question, the Fire Chief commented that any fire service emergency response may be recoverable, not just home owners' fires. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that a by-law entitled, "By -Law Number M-34.1 A By -Law Respecting Fees for Fire Protection Services in The City of Saint John", regarding the collection of fees for fire protection services as described in Schedule A, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "By -Law Number M-34.1 A By -Law Respecting Fees for Fire Protection Services in The City of Saint John". Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that a by-law entitled, "By -Law Number M-34.1 A By -Law Respecting Fees for Fire Protection Services in The City of Saint John", regarding the collection of fees for fire protection services as described in Schedule A, be read a second time. IL 10000►[4L1:k]k]11191 Read a second time by title, the by-law entitled, "By -Law Number M-34.1 A By -Law Respecting Fees for Fire Protection Services in The City of Saint John". 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 99-101 St. James Street (PID # 2733) This item was withdrawn from the Agenda. 12.2 Council Ticket Policy 100 - Common Council Minutes June 18, 2018 The City Manager commented that the spendin over the past 10 years for council to participate in community events is in the $22,000 range annually. Referring to the submitted report entitled M&C2018-175: Council Ticket Policy the City Manager recommended the following transparent process be captured in a policy document: • Each event requesting the Mayor and Council to attend must be placed on the Council Agenda for approval • Quarterly reporting and listing expenses per Councillor • Eligible expenses and ineligible expenses be listed • OPTION B - Pool of funds maintained at an annual budget of approximately $20,000 based on funds available. Responding to a question, the City Manager said that sponsorships should be referred to the Grants Committee. Moved by Councillor Armstrong, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report, M&C2018-175: Council Ticket Policy, Council direct the City Manager to draft an Events Ticket Policy for Council's review and approval with Option B — Pool of funds be maintained at an annual budget of approximately $20,000 based on funds available. MOTION CARRIED with Councillor Norton voting nay stating that the Bylaw to Provide for Salaries of Common Council provides an annual sum as an allowance incident to the discharge of duties. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Award of Contract 2018 -07 -Musquash WPS Electrical Substation Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that as recommended by the Committee of the Whole having met on June 18' , 2018, Common Council approves that: a) Contract No. 2018-07: Musquash Water Pumping Station Electrical Substation be awarded to the lowest compliant Tenderer, Black & McDonald Limited, at the tendered price of iN 100 - Council Minutes- Regular Meeting June 18, 2018 $1,936,255.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents; b) Common Council approve the addition of a new project in the 2018 Water & Sewerage Utility Fund Capital Program at Lift Station #4 for the purchase of a bypass pump, replacement of valves and electrical junction boxes in the amount of $300,000. MOTION CARRIED with Deputy Mayor McAlary and Councillors Casey and Sullivan voting nay. 17.2 Appointment of Employer Nominee to Arbitration Board Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on June 18t", 2018, Common Council approves that Mr. Stephen Beatteay be appointed to serve as the City's nominee on the Arbitration Board constituted to consider a grievance filed by CUPE, Local 18. MOTION CARRIED with Councillor Lowe voting nay. 17.3 NB Museum Construction Commencement and Leases on Premise Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole having met on June 18t", 2018, Common Council approve that the City of Saint John terminate (1) the Licence held by BeaverTails Commercial Inc. & Parent and Sons Investment Inc. and (2) the Licence held by Fog Cutter Inc. and give to each of the licensees, pursuant to Clause 3 in each of the Licences, notice that their respective Licences terminate at 11:59 p.m. on July 15t", 2018. MOTION CARRIED. 17.4 Lorneville Road Upgrade Moved by Deputy Mayor McAlary, seconded by Councillor Lowe: RESOLVED that as recommended by the Committee of the Whole having met on June 18t", 2018, Common Council approve the Lorneville Road Upgrade Terms and Conditions submitted by the Regional Development Corporation in their correspondence dated June 15t", 2018. IL [00411111►[4L1:k]k]11191 18. Adjournment Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on June 18, 2018, be adjourned. 11 100 - Common Council Minutes June 18, 2018 MOTION CARRIED. The Mayor declared the meeting adjourned at 8:45 p.m. Mayor / maire Common Clerk/ greffier communal 12 751. Clillbert Street, Saihitt lhn, NB, E2K4E6 aIIIace,ii atttliewIau nese a nasi°l.c u n Saint John City Council 15 Market Square Saint John, NB PO Box 1971 E2L4L1 Hello, I am writing to inform you that I don't think it's appropriate at all that a religious organization can occupy a public space such as King's Square for a festival. Saint John is a diverse city and the public parks belong to all of us. On Sunday evening, June 17t", I was sitting in King Square as usual, and could not remain because of the situation there. First off, it was very loud, but that is secondary to the fact that such a festival should not be held at this location. I soon left, and went to visit a friend 3 blocks away. The noise carried far, which was extremely unnecessary for the few people who were attending the festival. It's no secret that churches are a massive waste of urban space. Being used only a small proportion of time per week, but taking up vast amounts of land with their underutilized buildings and parking lots, one would think a church would be able to use their space for this event. I could not hear the exact words, but I understood that something similar is going to happen every Sunday morning at this location; that's inappropriate! It's bad enough that Saint John's annual Remembrance Day ceremony is basically a Christian church service. There is nothing inclusive about that. After moving to Saint John from a suburb, I started attending this service, but after 5 years of that, I could no longer attend. While my religious views may be clear, this is not about what I believe or do not believe. It is about Saint Johners and visitors being able to use a public park for what it is meant for: socializing, walking and enjoying the city ... not for being forced to listen to a religious healing ceremony. To be frank, I find it embarrassing to Saint John if visitors were to be in or near the park at a time when this is occurring. It is bad enough that one of the first things cruise ship visitors see is several kiosks of people peddling religious information on Water Street and beyond. Thank you for your attention, Matthew Wallace Resident of Saint John 13 From: Brice Belyea [mailto:bbelyeaCd)mfc.nb.ca] Sent: 3une-20-18 5:24 PM To: Taylor, Jonathan Subject: Entrance to Kennebecasis Park Dear Mr. Taylor, This may be an opportunity many of us have been looking for. That is; to have our two communities reach out to each other in a spirit of co operation. The area known as K Park has nearly three hundred homes and probably six hundred automobiles.The only entrance /exit to KPark is used several times each day by most. It is owned by Saint John which has little or no interest in maintaining it and rightly so as there is no tax revenue to support that. Almost all of the homes reside in Rothesay. Following is a letter I sent to the Town of Rothesay and I would appreciate you sending it along to your Mayor and Council as suggested by the Rothesay Council. If I can be helpful in any way, please don't hesitate to call on me. "Dear Mayor Grant and Council, We read with much anticipation this week of your discussions with the City of Saint John regarding the entrance to K -Park. For thirty five years we have been hopeful that a plan would come forth to make the "Front Door" to our Community much more presentable. In recent years it has been an embarrassment. It could easily add considerably to the value (and tax revenue) of this large property base without a large expenditure. I am told that Saint John might willingly trade this strip of road for another piece of our border with them. We fully support your efforts in this regard and would be pleased to assist in any way we can. Thank you, Brice and Cathy Belyea 76 Park Dr. Rothesay NB " 506 8498508 14 0 2018 To: Mayor and council ofthe City ofSaint John Re: Move SJ jeopardizes Public Safety Your Worship and council, A transportation plan that callously disregards public safety is seriously flawed. According to the Move SJ plan, there is no money in the budget for pedestrian safety.Funds that do become available are for the development and upgrading of professionally landscaped, high maintenance, recreational trails servicing the south peninsula while it is not safe for the general public to cross the streets intheir neighbourhood. West side children donot even rate apainted crosswalk atthe Fal stoQmtoschool. Pedestrian safety is public safety and must beproperly addressed inaforward thinking transportation plan. en Carpenter safeplavmoncton@gmaii.com June 20, 2018 15 RDMERO HOLISE SPOLIP KITO-1EN ® Brunswick Drive Saint John, NB E2L 3S9 (506) 642-7447 romerohouse@rogers.com City of Saint John 15 Market Square Saint John, NS J,,"�,',JN 2 9 2018 E21- 41-1 M�W On behalf of our volunteers, staff and patrons, I would like to extend our sincere appreciation of your recent assistance to Romero House, by supporting the Lions Clubs of Greater Saint John Gala held in honour of my mother, Carolyn McNulty, which raised funds towards purchasing a new Street Mobile. The Romero during the cold winter months from November to March. The aim of the service is to provide assistance to anyone stranded on the street at night. The Mobile provides respite from the cold, hot tea/cof fee, sandwiches, warm clothing, sleeping bags and information about services available in our community. This service, as all of the services of Romero House are, is offered free of charge and operates on the donations of our community. This past winter saw many breakdowns of our vehicle and signif icant lapses in service accordingly. The only full month of operation (March) saw 1,504 visits to the Mobile with an average nightly total of 71 individuals, Inside our building in 2017 we served 80,729 meals to those in need in our community, a number that unfortunately has been steadily climbing. We prepare between 300-400 meals a day, 365 days a year and provide over 4,000 families with clothing and household goods. Your assistance will definitely make things brighter for those who come for help, aid us in purchasing a new vehicle while continuing to provide our services to those in need in our community. Again, thank you for your generosit] Sincerely, Evelyn McNul Executive Director 17 712 Dominion Park Road Saint John, NB, E2M 4Y8 91migali= Attention: Saint John Mayor & ('-'ommon Council RE: Dominion Park, District Park, Request for a Public Session to Update Residents Dear Saint John mayor & Coffm-ion Council, As you are all aware darnage occutTed to the infrastructure at the City own( -A Dominion Park. Over the years during the summer Dominion Park has hosted family bb s, wmpany events, annivcrs,-uy celebrations, baptisms and weddings, along with visits from a large nurnber oftourists from around the world. Please note, Dominion Park is one of the visit sites for the Stoneharnmer Geopark., the first of its lund in Canada. During the winter, Dominion Park is a unique hub of activity for skating, cross country skiing, snow shoeing, & ice fishing. The addition of Timbefrop Adventures will also greatly enhance this area. Dominion Park, identified as a District Park in Play SJ is the only city owned park with access to the St" John. River systern providing supervised swimming for the citizens of Sain't John, Approxirnately,5 years ago a meeting was held to present a plan on upgrades and renovations to Dominion Park, Since that tirne the only upgrade to the park area has been a lying of payment circling opposite to the parks maintenance garage, due to the major deterioration of the roadway, Approximately one year ago a request was made to council askingfor a public session to update all .residents of the plans going forward to rebuild and protect this city owned gem. Due to the damage occurred and the lack of true park. facilities on site today, we ask again for a public session to be held to present the updated plan and timelines to all interested residents. Community and City usage from years ago i F-11 RUN X I X 11 E) N, .11 One of the original plans for Dominion Park Community and City usage from years ago i F-11 Aerial View 7 Annual Community Clean Ups to d-a-te"" i Lel k-urrem usage summer winter ME= Yours truly, David Ryan On behalf of the Dominion Park Community Boo Saint John KIK File No. 32-105 His Worship Don Darling Mayor ofSaint John 15Market Square PC}Box 1971 Saint John NB E2L41_1 Dear Mayor Darling: INew"'A7 �4ouveau 3runs k CsD«A D A The Department of Transportation and Infrastructure (DTI) is now looking ahead to the 2019 construction season and preparing to assess proposals under its Municipal Designated Highway PnJQcanl. We are requesting that each municipality carefully review its requirements and submit an updated Five -Year Plan. Your submission will be evaluated in conjunction with the needs of all 99 municipalities in the province. Your updated Five -Year Plan should indicate the proposed priorities for 2019, and list the improvements, proposed design, approximate cost, amount of the municipal contribution and the importance of each request, Capital projects eligible for funding consideration on designated highways are from curb -to -Curb or shoulder -to -shoulder, including 3tOrrn sewer, curb and gutter, street reconstruction and surface treatments. To assist DTI in considering requests in preparation for the budget process and in coordinating the engineering design Ofmany ofthese projects, you[rnuDiCipa|itvis@Gh8dh3upd8te8ndsend your Five -Year Plan to me, with a copy to the DTI District Engineer in your area, as soon as possible, but no later than September 30, 2018. Your local District Engineer will be able to assist you in preparing your priorities for 2019. Further assistance may also be obtained from the &4UDicip8| Engineer in [}7-/'s Design BranCh, K4r, Raymond Brun. K4[. Brun can be reached at (506) 461-4492. DTI's K8VOiCip8| Designated Highway PrOg[@Dl plays an essential nJ|e in the provision Of much- needed infrastructure upgrades across the province, while also spurring economic activity and job creation. | therefore look forward to receiving your submission. Sincerely, Bill Fraser Minister C. C. Clerk District Engineer Enc. Mimister/Mimiatre Transportation and Imfra»tructmre/Tvnnsponoet|ofrastrmcture P.KBox/CA Qm0 Frederirmn New Brunswick/Nouveau 'Vmm*kk BB5H1 Canada WA Through its Municipal Designated Highway Program (MDHP), the Department of Transportation and Infrastructure will partner with municipalities in New Brunswick to share eligible and approved costs of maintaining and upgrading provincially designated highways located within municipal boundaries. Not only will the program contribute to responsible asset management of strategic transportation infrastructure, but it will also generate economic development and create jobs from construction and export activity. Eligibilit To be considered for funding, all proposed projects must contribute to maintaining or rehabilitating a provincially designated highway ina municipality. Examples ofwork that will be considered under the program include the following: • Highway resurfacing • Highway reconstruction • Culvert replacement • Ditching w Highway widening = Storm Sewer System • Curb and Gutter Criteria The criteria by which proposed projects will be evaluated under the MDHP include the following: * the leverage offunds; * the potential for job creation and the sustainability ofthose jobs; • the readiness ufthe project; and • the potential for the bundling of contracts to obtain savings Financial Assistance Available Under the MDHP, funding will be divided into two pools, a partnering pool where DTIand the municipality will share the eligible project oostsandatraditionaifundinQpoV!vvhene0T1wU|cower1OU% of the eligible project cnsts. DTI can partner with municipal governments on eligible projects under the following shared cost amounts: Municipal share mfeligible costs: Cities: 15%tm50% Towns: I5Y6to25% Villages: 596to15y6 fedeM 4 fu government, the Municipal Capital Borrowing Board, but not from any funding amounts recelv .0 other provincial entities such as Regional Development Corporation. Example City 8, as part nfits Asset Management Plan, proposes to rehabilitate 2 kilometres ofa provincially designated highway that travels through its city. The rehabilitation work isexpected hmcost $4million, including the replacement of two culverts and some widening of the road to accommodate increased traffic. As this work would be considered 100% eligible and the applicant has proposed a cost share percentage of 40%, DTI would fund $2.4 million ($4 million eligible * 60%) Example Village B with a proposed cost share percentage of 8%, plans to widen its main street at a cost of $1 million. At the same time, it plans to replace a deteriorating sidewalk and add trees and shrubbery which isexpected tnbring the total costto$2million. DTI would fund $92O,OOOofthis $2million project (eligible work of $1 million * 92%) All projects tobeconsidered must besubmitted bvSeptember 3U,2O18and bepart ofanupdated five- year plan by the municipal applicant. All proposed costs will be verified by DTI before funding is approved. DTI will review the applications and municipalities will be advised of their approved projects mill 1111111 !11111111111 sill III I Contact Mr. Raymond Brun Design Branch Transportation and Infrastructure Emai|:raVmond.brun@gnbza Telephone: 461-4492 10 July 3, 2018 Saint John, NB E2M = Saint John Common Council PO Box 1971 Saint John, New Brunswick E21, 4L1 (Attention: Common Clerk) TOWARDS PUBLIC CONFIDENCE - A COMMUNITY SURVEY Mayor Darling and Councillors, How important is public confidence in a public water system? Think about it. You have a problem in West Saint John. For a moment, put aside the extraneous debates and go to the heart of the matter. How did we get into this drinking water quandary in the first place? Understanding that Saint John has long needed to improve its drinking water, why is it that when measures are taken and a lot of our money is spent to make "upgrades", the results have been less than positive for users generally? People have experienced real difficulties since the changeover of September 2017. Concerns are genuine and need your attention. Water is the basis of life; it's about good health and wellbeing, about cleansing and quality of life. Our goal must be full public confidence in our drinking water. Leaving matters unresolved or tied up in some sort of "legal limbo" are not legitimate options. Many people in West Saint John will not drink tap water; turning to costly bottled water instead. A good number cite certain medical conditions for this. They believe there is something in the water. Numerous others have experienced serious skin problems since the introduction of very hard water to the community. They have shared their experience, even spoken out at public meetings. This has not been easy. Imagine, showing your bodily rashes and sores to people in a public forum. Desperation; exasperated by incessant itching and the resulting loss of sleep. At a June 13th meeting that focused on public health, the regional Medical Officer of Health and other officials heard some of the concerns first hand. While people expressed frustration, there was also a sense that finally someone was listening. It was suggested by several participants that a survey was needed to better understand 25 1 TowARDs PUBLIC CONFIDENCE - A COMMUNITY SURVEY July 3, 2018 what people are, in fact, experiencing. Also, public health officials were asked to undertake the most thorough analysis possible of wellfield water quality. On September 14, 2017, a new water chemistry was introduced to our homes and businesses. The new water brought with it some positive attributes — as per New Brunswick's limited Drinking Water Quality Guidelines. (Limited in that these do not fully reflect Health Canada recommendations.) This new water, however, also has undesirable characteristics — for which the community was unprepared. While many users accept or even like the new water, many do not. People want to know exactly what is in this mineral -heavy water. Although touted as high quality, it has at least one shortcoming (perhaps others). The water is very hard. In relative terms, very soft Spruce Lake water (hardness 5.8 mg/L as CaCO3, Appendix U, 2016 Annual Water Report) was replaced by water with measured hardness in the range of 184 to 267 mg/L as CaCO3 (2018 1St Quarter water quality results, released June 13, 2018). Have any other communities in Canada (among those cited in reports to Council) ever gone from such low to high levels of hardness in their drinking water? Although the Guidelines for Canadian Drinking Water Quality do not specify a maximum acceptable concentration or an aesthetic objective for hardness, these standards do recognize that public acceptance of hardness may vary considerably according to local conditions. The Guidelines also state that "hardness levels between 8o and loo mg/L (as CaCO3) provide acceptable balance between corrosion and incrustation" and suggest there may be a need for water softening. Your staff also recognize that the science of drinking water is evolving and that, over time, standards have become (and will continue to be) ever more demanding. Request It is requested that [1] an independent and impartial community public health and drinking water survey, possibly jointly funded by Saint John Water and the Department of Health, be undertaken to ascertain how drinking water is affecting the wellbeing and quality of life of people in West Saint John; and [2] that an exhaustive analysis of wellfield water quality be carried out and made public. Respectfully, Paul goody, re ident o est Saint John C. Dr. Jennifer Russell, NB Chief Medical Officer of Health Dr. Isaac Sobel, Regional Medical Officer of Health 26 2 Saint John, NB E2M = July 3, 2018 Saint John Common Council PO Box 1971 Saint John, New Brunswick E21, 4L1 Attention: Common Clerk RELEASE OF WATER QUALITY RESULTS Mayor Darling and Councillors, On the late afternoon of June 13, 2o18, you set an important precedent with the public release of water quality results for the first quarter of 2018. Although there may have been a particular rationale for the timing and extent of that release, you are to be applauded for the initiative. I trust that henceforth the Saint John public can expect, as a policy of Council, the timely release of drinking water quality results for each and every quarter. After all, the data is collected on behalf of the public and its water users. Furthermore, there should now be no reason not to provide the equivalent water quality results for the fourth quarter of 2017. Request It is requested that the City of Saint John release to the public water quality results for the fourth quarter of 2017. Res ectfully, Paul goody,re ident o est Saint John c. Dr. Isaac Sobel, Regional Medical Officer of Health Mike Cormier, Director, Authorizations, NB Environment and Local Government AXI T MM ONE Peel Plaza, E2L 0 1 PO Box 1971 Saint John, New Brunswick Canada E2L 41,1 Bureau des Commissalres du Service de Polka da Saint John CA 1971 Sadist John 14 ou ace-Brunst ick Canada EA 4L1 X' i p!)licecclainy , aint ° — A .. . .......... ...... . ....................... ....... ... .. JUNU N9. A U U u. . . ...... ... . .. .. .. .. ..... lVNn f119. IL .Aolk4.. 11110 Common Council Your Worship and Councillors, 7hd--Saint John Board of Police Commissioners, at its meeting on acceptedTuesday, June 5, 2018 approved report of the Saint John Police Force's Operating Budget for the firs trimester ended April 30, 2018. 1 Brian Boudreau, Vice- hair Saint John Board of Police Commissioners 4.11 `_71, Ms. Jennifer Carhart, Chair and The purpose of this report is to provide the Board with an update on the for the first trimester ended April 30, 2018. FINANCIAL HIGHL<IGHTS For ;r ended . April 0 2018, the net operating expenseso, the Saint John Police Force were over budget by $48,173 or -0.6%. Revenue ,, urpassed the first trimester target by y 2. Salaries and Wages were under budget by $88,126. 3. Overtime costs exceeded budget by $66,556. 4. Extra -Duty overtime expense was $26,021 and is 100% recoverable. 5Court Time and Other Personnel costs were over budget by $12,499. V. Fringe Benefits were under by $62,615. 7. Goods and Services were over budget by $118,443. Q61 Chair Carp art and Members of the Board of Police Commission June 5, 2018 Page 2 Subject: 2018 Operating Budget — April Financial Results F,* T: VI: I►I t 1. f *0I The $24,605 in additional revenue generated from extra -duty assignments and other revenue sources will be a direct offset to the overtime expense for the year. Salaries were under budget by $88,126 and these savings will be used to cover the increase in other expense categories. IGNS11110491i BROOM i 1 0 1 -#Tlrsr#M- NIM, 0 The overtime expense for Extra -Duty was $26,021 and this amount is 100% covered from billings to third parties for all paid over -time assignments. Significant purchases will be completed by September 2018 and all other end of the year to ensure any possible savings are recognized to deliver a balanced budget. 091 Chair Carhart and Members of the Board of Police Commission June 5, 2018 Page 3 Subject: $ Operating Budget —April Fin Bial Results 1 2, It is recommended that the Board accept and approve this financial report for the period ended as at April 30, 2018 and forward a copy to Common 1X ' required i Police A., s Consolidated S , Operations April i i , 2018 Budget AnalysisApril Respectfully submi Marven 1H. Corscadden, ' DIRECTOR 31 Saint JohnPoliceForce Consolidated Statementof Operations For Period "'`•it Ended April 0 'i; { )8,005,534 -0.92% 2.08% 0 2 i2017 Btu " Actual Variance Salaries & Wages 5,071,882 4,983,756 88,126 Overtime 202,324 294,901 (92,577)�� Other Personnel Costs 62,110 74,609 (12,499) Fringeudget Benefits1,507,472 1,444,857 Total Wages is Fringe Benefits 6,843,788 " " ¢ " � ♦ ♦ I Y I 6,8_47,782 Iti IIF AI � 11 1 804 III i 267,Insurance 160 General Services 146,984 110,560 35,424 124,648 123,508 1,140 43,500 48,180 f0 I..f 40 37,000 51,078 (14,078) Professional f 111,202 23,246 Other Purchased Services { 2 33,365 (2,973) 35,324 28,892 6,432 . * ♦ w ♦Maintenance Repairs t Rentals + ji 359,384 {If y 77)! 365,556 451,387 (85,831r, Purchased Goods 110,700 158,365 (47,665)1 97,860 113,031 (15,171) Government Services 1,700 5,084 (3, 6,500 5,084 1,416 Internal Corporate Charges255,324 238,666 16,66" 170,288 229,680 • t Asset Purchases 51,564 44 51,520 Total Goods & Services 1,088,968 1,207,411 (1 18,443)� { )8,005,534 -0.92% 2.08% 0 M Budet gExpn g enses Variace--T Current Variance 2 Tirninn Actual $ ® 903'2, 7 5 6 Expense Category Variance Ex anation of Variance Salaries & Wages $88,126 & Salaries: Non -Union under budget by $17k. 0 Salaries: Local 486 under budget by $14k. * SJPA Police Officer wages under budget by $5M Overtime ($92,577) * Overtime: Local 486 -Patrol: Under budget by $4k. * Overtime: SJPA-Patrol: Over budget by ($52k) 0 Overtime-SJPA-Criminal Investigations: Over budget by ($15k). 0 Extra -Duty Overtime - Over by (26k) and this expense is 100% recovered with earned revenue as all hours paid are invoiced to Pparties for Extra—Duty assignments. Other Personnel Costs ($12,499) * Court Time: Over budget by ($12k). Fringe Benefits $62,615 e Benefits: The to for police officers is at 28.6% and 24.8% for civilian employees. This rate now includes the employer portion the Long -Term Disability (LTD) pIan and the Shared is Pension plan, It also includes El, CPP, WCB and employee group benefit costs. General Services $35,424 9 Telephone: Under budget by $7k. 9 Employer Training: Under by $20k. 091 Saint John Police Force — April 30, 2018 Budget Variance Analysis Expense Cateaox--( e L4m=. 0111 e. -6 IIU9.,6A6i Wff vallaNK;W Insurance ($4,680) - No significant variance at the end of 7 April 2018. Professional Services ($82,035) - Legal: Over budget by ($19k). 0 Detention Security: Under budget by $5k. 0 Other Professional Services: Over budget Other Purchased Services ($2,973) 9 No significant variance at the end of April 2018, Repair & Maintenance ($26,385) e Computer Maintenance:This is the timing between the monthly budget allocation and the payment of invoices for computer maintenance and software licensing contracts with various vendors. Rentals ($4,077) No significant variance at the end of April 2018. Purchased Goods ($47,665) This variance is the timing between the monthly budget allocation and the payment of invoices for eighteen different accounts in this expense category. Government Services ($3,384) * No significant variance at the end of April 2018. Internal Services $16,668 a Fleet Fuel-( )— The fuel costs at the end of April was over budget. 0 Fleet Maintenance — $24k — The cost for maintenance was under budget for ----f664 this reporting period. Asset Purchases - No significant variance at the end of April 2018. L4m=. 0111 COUNCIL REPORT M&C No. 2018-187 Report Date June 15, 2018 Meeting Date July 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tenders for Sodium Hypochlorite NaOCI - 2018-681002T OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager James Margaris Kendall Mason Brent McGovern Jeff Trail RECOMMENDATION It is recommended that the tender for the establishment of a supply agreement for 12% Sodium Hypochlorite chemical used to treat the City's potable water supply be awarded to the lowest bidder, Lavo Inc. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval for the award of the supply of Sodium Hypochlorite needed for the disinfection of the City's water supply. Over the years the City has had supply agreements with various chemical suppliers for the procurement of this vital chemical. Having these agreements in place guarantees pricing budget purposes and enhances the efficiency of the procurement process when materials need to be purchased. Public tender calls for the supply of Sodium Hypochlorite were issued on May 14, 2018. The Tender for Sodium Hypochlorite closed on 2:30 PM Atlantic Standard Time, Tuesday, June 5, 2018. Results indicate that Lavo Inc. had the lowest compliant bid for Sodium Hypochlorite. PREVIOUS RESOLUTION N/A W -2 - STRATEGIC ALIGNMENT This report demonstrates the City's commitment to Fical Responsibility while providing for effective and efficient service delivery and supporting the City's commitment to providing safe, clean drinking water. REPORT Sodium Hypochlorite is used for chlorination in the Water Treatment process. Chlorination is a method of water disinfection to allow for the safe consumption as drinking water. Its purpose is to prevent the spread of waterborne diseases by killing or inactivating any pathogens that may be present in the water supply or distribution system. Sodium Hypochlorite is used at the South Bay Wellfield Water Treatment Facility, Harborview Subdivision Wells and at various storage tanks and pumping stations around the city. For clarification purposes, two options for product concentrations were requested as a requirement of this tender; up to 24 Tonne shipments of 15% product concentration and/or up to 30 Tonne shipments of 12% product concentration. Staff evaluated the bids on the basis of cost for each concentration (cost/kg/weight % of NaOCI). It was confirmed that the lowest compliant bid was offered by Lavo Inc. as indicated on the summary below. It is recommended that Option A, 12% product concentration, be purchased through Lavo Inc. Since this bulk product will be used at our South Bay Wellfield Facility a 12% product strength is recommend over the higher concentration of 15%. Since the conversion to well water on the West side the usage of Sodium Hypochlorite has been reduced considerably and as such it's easier and safer operationally to treat the water with a lower product strength. SERVICE AND FINANCIAL OUTCOMES It is estimated, based on the past 8 months consumption and the unit price bid, that the City will spend approximately $24,000 to purchase bulk Sodium Hypochlorite. For comparison purposes, the unit price for bulk Sodium Hypochlorite has gone up by 1.96 % from 2017. However, since the City's product requirement is much less than previous years, due to the west water conversion to well water, the City will be spending less than previous years. These are planned expenditures and as such funds are provided in the annual Utility Operating Budget. 01.1 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS MATERIALS MANAGEMENT: Public tender calls for the supply of Sodium Hypochlorite was issued on Monday, May 14, 2018, and closed on 2:30 PM Atlantic Standard time, Tuesday, June 5, 2018. Three (3) companies responded to the tender call of Sodium Hypochlorite by submitting bids. The results are as follows (excluding HST): Staff of Materials Management have reviewed both of these tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer, Lavo Inc. for Sodium Hypochlorite have the necessary resources and expertise to supply the product, 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. ATTACHMENTS N/A Kul Irving Blending & Packaging UBA INC. LAVO INC. OPTION A (12%) 12% PRODUCT CONCENTRATION IN BULK $ 0.487/kg $ 0.2885/kg $ 0.3390/L $ 0.259/kg $ 0.304/L SHIPMENTS OF UP TO 30 TONNES 1.173 S.G 1.175 S.G 1.175 S.G. 1.175 S.G. 1.175 S.G. (25,000 Q PLEASE INDICATE SPECIFIC GRAVITY OPTION B (15%) 15% PRODUCT CONCENTRATION IN BULK $ 0.3542/kg $ 0.4300/L $ 0.315/kg $ 0.39/L SHIPMENTS OF UP TO 24 TONNES 1.214 S.G. 1.214 S.G. 1.205 S.G. 1.205 S.G. (20,000 Q PLEASE STATE SPECIFIC GRAVITY Staff of Materials Management have reviewed both of these tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer, Lavo Inc. for Sodium Hypochlorite have the necessary resources and expertise to supply the product, 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. ATTACHMENTS N/A Kul 9.11 COUNCIL REPORT M&C No. 2018-194 Report Date June 29, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Saint John City Market Energy Upgrades Grant Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Samir Yammine Kevin Fudge m I Jeff Trail RECOMMENDATION It is recommended that the City enter into the Grant Agreement with the Federation of Canadian Municipalities under the Municipalities for Climate Innovation Program (MCIP) for the City Market Energy Upgrades in the form and upon the terms and conditions as attached; and that the Mayor and Common Clerk be authorized to execute the said Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into Grant Agreement with the Federation of Canadian Municipalities for the City Market Energy Upgrades. PREVIOUS RESOLUTION In May 16, 2017, Common Council ( M&C 2017-133) requested staff to submit an application to the Federation of Canadian Municipalities (FCM) under the Municipalities for Climate Innovation Program (MCIP) for the City Market Energy Upgrades. REPORT In September 2017, City staff submitted a funding application to FCM under the Municipalities for Climate Innovation Program ( MCIP) for the City Market Energy Upgrades. 061 -2 - The City received a notification from FCM that the application was successful and the City of Saint John has been approved for a grant in the amount of the lesser of 80% of Eligible Expenditure or $1 Million toward the City Market renovation project. The MCIP funding for the City Market will be used toward the installation cost of the following energy retrofit measures: • New energy efficiency windows; • New roof; • 40 KW Solar Power; • Heat Recovery System; • High efficiency heat pump system; • High efficiency lighting system; • High efficiency heating/cooling plan including the possibility of installing Biomass boiler using certified wood waste; • Smart Control system to optimize building energy and operation performance; • Measurment and Verfication Plan; • Public Energy Monitoring Display. The proposed measures will result in the following benefits to the community and the City: • Reduce the City energy and operating cost by approximately $100,000 annually; • Reduce the City Infrastructure deficit through investment in asset renewal; • Improve the indoor air quality of the building through the installation state of art technologies for HVAC, lighting and the heat recovery system. • Improve customer service and reliability of asset performance thus minimizing risks associated with assets failure; • Reduce GHG emissions by over 70% or 325 CO2 Tons from the baseline • Showcase the City Market as an example of environmental and economic sustainability. STRATEGIC ALIGNMENT The City Market Renovation Project is aligned with the following City plans, policies, Council Priorities, programs and practices: 1- MEEP and the Climate Change and Community Energy Plan objective to reduce GHG emissions; -3- 2- City of Saint John Asset Management Policy objectives to apply risk-based decision and life -cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources and improve the reliability of customer service; 3- As in accordance to the commitment between the Federal Government and the City of Saint John, entered into in February 1988, for the restoration of the Saint John City Market. This agreement declared that the Saint John City Market "be of national historic and architectural significance". As such, the City of Saint John has a legal responsibility to maintain and protect the City Market in a restored state until the year 2030; 4- Saint John's Municipal Plan, Plan SJ, which stipulates targeted development in densely populated priority areas. 5- The City Market Renovation Project was identified as a high priority project by the Common Council. SERVICE AND FINANCIAL OUTCOMES The City of Saint John will receive a total grant up to $1 Million toward the total construction cost of the City Market Renovation Project. This fund will help to reduce the City operating and capital costs. Most of the proposed energy efficiency measures in the Grant Agreement are included in the original design of the City Market Upgrade. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City of Saint John Finance and Administrative Services and Legal Departments have reviewed the attached Agreement and are satisfied with the recommendation as they pertain to their respective areas of services. ATTACHMENTS 1- Saint John City Market Energy Upgrades Grant Agreement 2- Contract Schedules !II GRANT AGREEMENT THIS AGREEMENT is effective as of the date of last signature on the signature page. BETWEEN: CITY OF SAINT JOHN -and- FEDERATION OF CANADIAN MUNICIPALITIES (herein called "Recipient') (herein called "FCM") WHEREAS: (a) the Government of Canada and FCM have established the Municipalities for Climate Innovation Program(herein called MCIP); (b) the Government of Canada has funded MCIP, which is being administered by FCM; (c) FCM has agreed to provide the Recipient with a grant for use by the Recipient solely for the project described in this Agreement; and (d) this Agreement contains the terms for the administration and remittance of the grant by FCM to the Recipient and the use of the grant by the Recipient. NOW THEREFORE, the Parties hereby agree as follows: ARTICLE 1 DEFINITIONS AND SCHEDULES 1.01 Definitions. Whenever used in this Agreement and unless the context otherwise requires, the following terms have the following meanings: "Agreement" means this agreement, including all schedules, and all amendments or restatements as permitted; "Business Day" means any day other than a Saturday, Sunday or statutory holidays in the Province of Ontario; "Claim" has the meaning ascribed thereto in Section 13.01 of this Agreement; "Confidential Information" has the meaning ascribed thereto in Section 11.01 of this Agreement. "Eligible Activities" means any reasonable activities necessary to complete the Project as described in Part 2 of Schedule A attached hereto. "Eligible Expenditure Date" has the meaning ascribed thereto in Part 4 of Schedule C attached hereto; "Eligible Expenditures" means those permitted expenditures described in Part 4 of Schedule C attached hereto, for which the Recipient may use the Grant; "Grant" means the grant set forth in Article 2; "Grant Amount" means the amount to be disbursed by FCM on account of the Grant up to the maximum amount set forth in Part 1 of Schedule B attached hereto; _:1P "Indemnified Parties" has the meaning ascribed thereto in Section 13.01 of this Agreement; "Parties" means FCM and the Recipient, and "Party" refers to any one of them; "Project" means the project described in Part 2 of Schedule A attached hereto; "Project End Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; and "Project Start Date" has the meaning ascribed thereto in Part 2 of Schedule A attached hereto; "Receiving Party" has the meaning ascribed thereto in Section 11.01 of this Agreement. 1.02 Schedules. The following annexed Schedules form part of this Agreement and the Parties shall comply with all terms and conditions set -out therein: Schedule A: Part 1: Conditions of Contribution Part 2: Description of Project, Statement of Work and Project Costs Part 3: Reporting Requirements Schedule B: Part 1: Grant Amount Part 2: Particulars of the Sources of Funding Part 3: Payment Schedule/Period of Funding Schedule C: Part 1: Request for Contribution Part 2: Reporting Templates Part 3: Accepted Practices Part 4: Eligible Expenditures Schedule D: Contact Information ARTICLE 2 THE GRANT 2.01 Grant Purpose. FCM is providing the Grant to the Recipient for the sole purpose of assisting the Recipient in the performance of the Project, as described in Part 2 of Schedule A attached hereto. 2.02 Grant Amount. Subject to and in accordance with the terms and conditions of this Agreement and in reliance upon the representations, warranties and covenants of the Recipient hereinafter set forth, FCM agrees to contribute towards the Eligible Expenditures, the Grant Amount, as more particularly described in Part 1 of Schedule B attached hereto. 2.03 Disbursement of Grant. (a) FCM shall disburse the Grant in accordance with Part 3 of Schedule B attached hereto. (b) No portion of the Grant shall be disbursed by FCM without it first receiving from the Recipient a completed Request for Contribution in accordance with Part 1 of Schedule C attached hereto. (c) Provided that the Conditions of Contribution set -out in Part 1 of Schedule A attached hereto are satisfied, the Recipient may request the Grant by delivering to FCM the appropriate Request for Contribution in accordance with Part 1 of Schedule C attached hereto at least 30 days before the requested date of disbursement; the requested date of disbursement may be delayed if the Request for Contribution delivered by the Recipient !193 to FCM is not, in FCM's sole discretion, satisfactory and revisions or supplemental documentation are required. 2.04 Term. This Agreement shall continue in force until FCM has received and notified the Recipient of its satisfaction with all reports required to be completed by the Recipient in accordance with the terms and conditions of this Agreement, or until the Agreement has been terminated in accordance with Section 12.01, whichever shall first occur. ARTICLE 3 CONDITIONS OF CONTRIBUTION 3.01 Conditions of Contribution. Subject to Section 2.03, the obligation of FCM to disburse the Grant to the Recipient is conditional upon the Recipient satisfying the conditions set -out in Part 1 of Schedule A attached hereto, to the satisfaction of FCM. ARTICLE 4 REPRESENTATIONS AND WARRANTIES 4.01 Representations and Warranties. The Recipient represents and warrants that: (a) it is duly established under the laws of the Province of New Brunswick and has the legal power and authority to enter into, and perform its obligations under this Agreement and the Project; (b) this Agreement has been duly authorized and executed by it and constitutes a valid and binding obligation of it, enforceable against it in accordance with its terms; (c) neither the making of this Agreement nor the compliance with its terms and the terms of the Project will conflict with or result in the breach of any of the terms, conditions or provisions of, or constitute a default under any indenture, debenture, agreement or other instrument or arrangement to which the Recipient is a party or by which it is bound, or violate any of the terms or provisions of the Recipient's constating documents or any license, approval, consent, judgment, decree or order or any statute, rule or regulation applicable to the Recipient; and (d) no litigation, arbitration or administrative proceedings are current or pending or have been threatened, and so far as the Recipient is aware no claim has been made, which is likely to have an adverse effect on its preparation and/or delivery of the Project or its compliance with its obligations under this Agreement. (e) the Recipient Intellectual Property does not contain any third party intellectual property, confidential information or trade secrets. The Recipient further represents and warrants that it is the exclusive owner of all intellectual property rights contained in the Recipient Intellectual Property and that it has the right to grant the license granted in Section 6.02 of this Agreement. ARTICLE 5 COVENANTS 5.01 Affirmative Covenants. Unless FCM shall otherwise agree in writing, the Recipient covenants and agrees that it shall: (a) use the Grant only for Eligible Activities relating to the Project; !ElI (b) carry out the Project and conduct the activities thereof in compliance with all applicable laws and regulations and, without restricting the generality of the foregoing, in compliance with all labour, environmental, health and safety and human rights legislation applicable to the Project; (c) carry out the Project with due diligence and efficiency and in accordance with sound engineering, scientific, financial and business practices; (d) provide FCM with prompt notice of any: (i) material change to the Project; (ii) proposed change in the nature or scope of its legal status; or act, event, litigation or administrative proceeding that does or may materially and adversely affect the Project or may materially and adversely affect the ability of the Recipient to perform its obligations under this Agreement or the Project. 5.02 Negative Covenants. Unless FCM shall otherwise agree in writing, the Recipient shall not: (a) use the Grant for expenditures that are not Eligible Expenditures; (b) for 5 years after the date of this Agreement, sell, assign, transfer, lease, exchange or otherwise dispose of, or contract to sell, assign, transfer, lease, exchange or otherwise dispose of, any of the real or personal property, whether movable or immovable, acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with the Grant (the "Assets"); if at any time within 5 years after March 31, 2021, the Recipient sells, assigns, transfers, leases, exchanges or otherwise disposes of any Asset other than to the Government of Canada, a local government, or with the Government of Canada's consent, the Recipient may be required to pay back to FCM, at FCM's sole discretion, all or a portion of the Grant that was disbursed by FCM to the Recipient. ARTICLE 6 INTELLECTUAL PROPERTY 6.01 Intellectual Property. Copyright in all reports and other documents prepared in connection with this Agreement or the Project by or on behalf of the Recipient (the "Recipient Intellectual Property") will be the exclusive property of, and all ownership rights shall vest in, the Recipient. 6.02 License. The Recipient hereby grants to FCM an irrevocable, perpetual, worldwide, royalty -free, sole license, to use, publish, make improvements to, sub -license, translate and copy the Recipient Intellectual Property. This license shall survive the expiration or termination of this Agreement. ARTICLE 7 APPROPRIATIONS 7.01 Appropriations. Notwithstanding FCM's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. FCM may reduce, delay or terminate any payment under this Agreement in response to the reduction or delay of appropriations or departmental funding levels in respect of transfer payments, the project or program in relation to !1.'7 which the Grant is being provided, or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. FCM will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction, delay or termination of funding. ARTICLE 8 MEMBERS OF THE HOUSE OF COMMONS AND SENATE 8.01 No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general public. The Recipient will promptly inform FCM should it become aware of the existence of any such situation. ARTICLE 9 NO BRIBES 9.01 The Recipient guarantees that no bribe, gift or other inducement has been paid, given, promised or offered to any person in order to obtain this Agreement. Similarly, no person has been employed to solicit or secure the Agreement upon any agreement for a commission, percentage, brokerage or contingent fee. The Recipient also guarantees that it has no financial interest in the business of any third party that would affect its objectivity in carrying out the Project. ARTICLE 10 AUDIT AND ACCESS 10.01 Audit and Access. (a) FCM reserves the right to undertake, at any time, at its expense, any audit of the records and accounts of the Recipient in relation to the Project. The Recipient agrees to ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations conducted in accordance with this Agreement. The Recipient will submit to FCM in a timely manner, a report on follow-up actions taken to address recommendations and results of the audit. (b) The Recipient shall maintain proper and accurate financial accounts and records, including but not limited to its contracts, invoices, statements, receipts, employee timesheets, and vouchers, in respect of the Project. The Recipient covenants and agrees that it shall keep all such books and records of the Project for at least 6 years after the termination of this Agreement. (c) Upon FCM's request with reasonable prior notice thereto, the Recipient shall provide FCM and its designated representatives with reasonable and timely access to sites, facilities, and any documentation relating to the Project for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement, and permit FCM to communicate directly with, including the receipt of information from, its external auditors regarding its accounts and operations relating to the Project. (d) The Government of Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of this Agreement and any records and accounts respecting the Project and will have reasonable and timely access to sites, facilities and any documentation relevant for the purpose of audit. ARTICLE 11 CONFIDENTIALITY 11.01 Confidentiality. (a) All processes, documents, data, plans, material, policies or information pertaining to either Party's operations which is obtained by the other Party (`Receiving Party") or furnished to the Receiving Party in connection with this Agreement and expressly identified as confidential thereby, including, without limitation, the terms of this Agreement, (`Confidential Information") shall be maintained by the Receiving Party in strict confidence and shall not be disclosed to any person or entity for any reason or used by the Receiving Party except as necessary for it to perform its obligations hereunder. (b) The limitations contained in this section shall not apply to (a) Confidential Information which is in the public domain at the time of disclosure; (b) Confidential Information that becomes part of the public domain after disclosure through no fault of the Receiving Party; (c) Confidential Information that the Receiving Party can prove was known by the Receiving Party at the time of disclosure; (d) Confidential Information that the Receiving Party can prove was supplied to the Receiving Party by a third party or was independently developed by the Receiving Party; or (e) Confidential Information required to be disclosed pursuant to judicial process. ARTICLE 12 TERMINATION 12.01 Termination of the Agreement. (a) FCM may terminate this Agreement: (i) if the Recipient breaches any term or condition of this Agreement, and fails to remedy such breach upon the expiry of 15 Business Days' written notice from FCM of such breach or, with respect to a breach that cannot be remedied within the 15 Business Day period, such longer period of time as FCM may reasonably provide the Recipient to remedy the breach, provided the Recipient has commenced to remedy the breach within the 15 Business Day period and is actively and diligently taking appropriate measures to remedy the breach; if the Recipient becomes insolvent and/or proceedings have been commenced under any legislation or otherwise for its dissolution, liquidation or winding -up, or bankruptcy, insolvency or creditors' arrangement proceedings have been commenced by or against the Recipient; if, in FCM's sole discretion, the Project cannot be completed as initially presented; and (iv) if the Parliament of Canada fails to pass an appropriation that is sufficient and constitutes lawful authority for the Government of Canada making the necessary payment to FCM for the project or program in relation to which the Grant is being provided. (b) Either Party may, on not less than 30 days' prior written notice to the other Party, terminate this Agreement. 12.02 Effect of Termination. If this Agreement is terminated pursuant to Section 12.01, the Recipient may be: (a) reimbursed for all or a portion of the expenses they have incurred in relation to the Project up to the effective date of termination; or (b) required to pay back to FCM all or a portion of the Grant Amount that was disbursed by FCM to the Recipient prior to the effective date of termination; as applicable, all subject to FCM's sole discretion and satisfaction, taking into consideration out- of-pocket expenses incurred and results reported by the Recipient in connection with the Project. ARTICLE 13 INDEMNITY 13.01 Indemnity. The Recipient hereby agrees to indemnify and hold harmless FCM and its officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings (collectively, a "Claim"), by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with this Agreement, but only to the extent that such Claim arises out of or is in connection with the Recipient's breach of this Agreement or is caused by the negligence or wilful misconduct of the Recipient in the performance of its obligations hereunder or otherwise in connection with the Project. 13.02 Intellectual Property Indemnity. Recipient shall defend or settle at its expense any claim or suit against FCM arising out of or in connection with an assertion that the Recipient Intellectual Property infringes any intellectual property right and Recipient shall indemnify and hold harmless FCM from damages, costs, and attorneys' fees, if any, finally awarded in such suit or the amount of the settlement thereof; provided that (i) Recipient is promptly notified in writing of such claim or suit, and (ii) Recipient shall have the sole control of the defense and/or settlement thereof. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.01 Notice. Any notice, document or other communication required to be given under this Agreement shall be in writing and shall be sufficiently given if sent by personal delivery/courier, registered mail or email to the other Party at its address indicated in Schedule D attached hereto, or to such other address, email address or person that the Party designates in writing to the other Party. The notice shall be deemed to have been delivered on the day of personal delivery, on the day received by email (as evidenced by a transmission confirmation), or on the fifth day following mailing. 14.02 Relationship of the Parties. The relationship between the Recipient and FCM is, and shall at all times be and remain, essentially that of a recipient and a grantor, and this Agreement does not and shall not be deemed to create a joint venture, partnership, and fiduciary or agency relationship between the Parties for any purpose. Neither the Recipient, nor any of its personnel are engaged as an employee, servant or agent of FCM. 14.03 Public Announcements. The Recipient shall cooperate with FCM, who will lead the preparation and issuance of the public funding announcement for the Project and/or the coordination of a public announcement event attended by FCM and the Government of Canada. The Recipient will be informed of the process immediately after the signature of this Agreement. If any public statement or release is so required, the Recipient shall promptly inform FCM of upcoming promotional events related to the Project and allow FCM and the Government of Canada to participate in such media activities or events. !E:3 14.04 Project Branding. The Recipient shall recognize and state in an appropriate manner, as approved by FCM, the financial assistance offered by FCM concerning the Project and the contribution of the Government of Canada to FCM, as specified in Part 3 of Schedule C attached hereto. If requested by FCM, the Recipient shall have affixed, in content, form, location and manner acceptable to FCM, signage acknowledging the contribution of FCM and the Government of Canada to the Project. The Recipient shall adhere to the policies regarding the use of graphic design elements and signage as specified in Part 3 of Schedule C attached hereto. 14.05 Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, understandings, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. 14.06 Survival. Except as otherwise provided herein, those sections of this Agreement which, by the nature of the rights or obligations set -out therein might reasonably be expected to survive any termination or expiry of this Agreement, shall survive any termination or expiry of this Agreement. 14.07 Amendments. No amendment of the Agreement will have any force or effect unless reduced to writing and signed by both Parties. 14.08 Assignment. This Agreement cannot be assigned by either of the Parties hereto without the prior written consent of the other Party. 14.09 Enurement. This Agreement shall enure to the benefit of, and shall be binding upon, the Parties and their respective, heirs, executors, administrators, successors and permitted assigns. 14.10 Governing Law. This Agreement shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable therein. 14.11 Severability. Each of the binding provisions contained in this Agreement is distinct and severable. Any declaration by a court of competent jurisdiction of the invalidity or unenforceability of any binding provision or part of a binding provision will not affect the validity or enforceability of any other provision of this Agreement. 14.12 Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. The failure of any Party to require the performance of any term or obligation of this Agreement, or the waiver by any Party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach. 14.13 Counterparts. This Agreement may be executed and delivered (including by facsimile transmission or in protocol document format ("PDF")) in one or more counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. [SIGNATURE PAGE FOLLOWS] !Loll IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of the date written below. ►1_1L41=Eel 2:1x031:j1=1►k1 Per: Name: Don Darling Title: Mayor Date: Per: Name: Title: Date: 1 have authority to bind the Recipient herein. FEDERATION OF CANADIAN MUNICIPALITIES, Per: Name: Shannon Joseph Title: Director, MCIP Date: 1 have authority to bind FCM herein. 6119] Schedule A Part 1 Conditions of Contribution The obligation of FCM to disburse the Grant Amount is conditional upon the Recipient satisfying the following conditions, to the satisfaction of FCM: • Completed Request for Contribution in the form of Schedule C, Part 1 • Receipt and acceptance of all reports which are a condition of disbursement • Letter of Attestation in the format of Part 2 of Schedule C • Confirmation that all expenses claimed are eligible including a completed Expense Claim in the form of Part 2 of Schedule C (Expense Claim). The Recipient acknowledges and agrees that, notwithstanding the foregoing conditions, FCM's obligation to disburse the Grant Amount is subject to Article 7 of the Agreement. MCIP 15404 Agreement Template — Last modified August 10, 2017 51 Page 1 of 23 Schedule A Part 2 Description of Project, Statement of Work and Project Expenditures The Recipient will undertake a Project in accordance with the phases, activities and/or milestones outlined in the below Statement of Work. Project Number: MCIP 15404 Project Title: Saint John City Market Energy Upgrades Project Sector: Energy Project Type: Capital Project The City of Saint John will undertake a large scale energy retrofit to the historic City Market to preserve its integrity, address public safety, increase life expectancy, and significantly reduce GHG emissions through the implementation of the latest energy technologies. The City Market, a National Historic Site, is Canada's oldest farmers market and a centre of tourism and commerce in southern New Brunswick home to approximately 50 small businesses serving 2.5 million visitors a year. The Market's current outdated infrastructure has led to high operating and energy costs, higher -than - desired GHG emissions, and a high probability of asset failure which has already caused operation disruption and public safety and health concerns. In addition to comprehensive energy efficiency and operational optimization measures, the project will incorporate a combination of renewable and residual energy technologies including; biomass from certified wood waste, solar power and solar air heating, and heat recovery. These measures are expected to provide substantial environmental and economic benefits including an 83% (377 CO2 tonnes) reduction in GHG emissions and annual reductions in energy ($47,000) and maintenance costs ($50,000). A Measurement and Verification Plan will employ a proven energy management tracking system by utilizing real-time monitoring software. Comprehensive staff training and education will increase buy -in and help identify measures to further optimize the Market's environmental performance. This initiative aligns with Saint John's Municipal Plan (Plan SJ), the City of Saint John Municipal Energy Efficiency Program, the Climate Change and Community Energy Plan, and the City of Saint John Asset Management Policy. The project will benefit from a highly qualified project management team who in conjunction with these award winning plans and policies have executed over 100 individual energy reduction projects to date. A Decision Making Structure for the initiative was developed to ensure successful completion and attainment of the project's anticipated environmental, social and economic benefits. The City Market Energy Upgrade Team will meet on a regular basis and communicate to staff, senior leadership, vendors, and Council on the progress of the project by regular presentations and reports. The City Market Energy Upgrade will be showcased as an example of environmental and economical sustainability while preserving and strengthening the social heart of Saint John. Project Start Date Project End date 01 SEP 2017 31 JAN 2020 MCIP 15404 Agreement Template — Last modified August 10, 2017 Page 2 of 23 61 MCIP 15404 Agreement Template - Last modified August 10, 2017 6V Page 3 of 23 iii uuu uuu Lead Applicant: ' The City of Saint John Orojecttitle: Saint John City Market Energy Upgrades Eligible Ineligibles Total Phases Start date: End date: Expenditure Expenditure Expenditure Phase 1: Project Pldnning' 01 SEP 2017 28 FEB 2018 Milestone: Concept Design Document Building Exterior renovation, installation of escalator & elevator, structure work, etc. 5,151,000 5,151,000 Develop an Energy Management Plan (EMP) for the City Market 2,000 2,000 Present the EMP to the Vendors, Staff, Senior Leadership Team and Council 1,000 1,000 Finalize the EMP 1,000 1,000 Develop a preliminary Design Concept 8,000 8,000 Present the Preliminary Design Concept to the Vendors, Staff, Senior Leadership Team and 1,500 1,500 Council Present the EMP to the Vendors, Staff, Senior Leadership Team and Council 1,000 1,000 Finalize the Concept Design 3,000 3,000 Phase 1 $17,500 $5,151,000 $5,168,500 Subtotals Phase 2: Design Document & Tender 01 FEB 2018 30JUN 2018 Milestone: Design Tender and Construction Drawings Prepare Design Tender Package including 60,000 60,000 schematics Review the Tender Package 3,000 3,000 Finalize The Design Tender Package 20,000 20,000 Present the Design Tender Package to Council 1,500 1,500 Award the Project 1,000 1,000 Phase 2 $85,500 $0 $85,500 Subtotals Phase 3: Construction 01 JUL 2018 31 MAY 2019 Milestone: Implementation of the Energy Measures Supply & Installation of the Water to Air Heat Pump System including heating upgrade & DHW 445,000 445,000 Supply & Installation of the Biomass System 250,000 250,000 Supply & Installation of the HVAC including Heat Recovery System 180,000 180,000 MCIP 15404 Agreement Template - Last modified August 10, 2017 6V Page 3 of 23 Supply & Installation of the New Lighting System 110,000 110,000 Supply & Installation of the Energy Management Control System (EMCS) 52,000 52,000 Supply & Installation of the New windows and Roof insulation upgrade 445,000 445,000 Supply & Installation of the Solar Power and Solar Heating System 78,000 78,000 Phase 3 $1,560,000 $0 $1,560,000 Subtotals Phase 4: Commissioning, 01 FEB 2019 31 J U L 2019 1149 V, Completion Milestone: Commissioning and Verification Plans Develop a Commissioning Plan 50,000 50,000 Develop a M&V Plan 45,000 45,000 Develop & Implement the new enterprise software 35,000 35,000 Staff Training on the new system 5,000 5,000 Execute the Commissioning Plan & Finalize the Project 5,000 5,000 Implement the M&V Plan and Provide a Report 10,000 10,000 Install a Public Dashboard System 5,000 5,000 Project Management and Construction Management Fees 100,000 100,000 Final Report 5,000 5,000 Phase 4 $260,000 $0 $260,000 Subtotals MCIP 15404 Agreement Template — Last modified August 10, 2017 6�1 Page 4 of 23 Phases: Post Commissioning , 01 APR 2019 31 JAN 2020 Milestone: Post Commissioning Plan and Reporting Re-Commissioning 10,000 10,000 Review the results of the M&V and optimize the energy performance 5,000 5,000 Present the results to the Community, Staff, SLT and Council including recommendations 2,000 2,000 Share the lessons learned with , FCM, other municipalities and the community 2,000 2,000 Final Report 2,000 2,000 [Add task description here] 0 [Add task description here] 0 [Add task description here] 0 Phase 5 $0 $21,000 $21,000 Subtotals Total Expenditures $1,923,000 $5,172,000 $7,095,000 MCIP 15404 Agreement Template — Last modified August 10, 2017 6'1•'7 Page 5 of 23 Schedule A Part 3 Reporting Requirements and Project Deliverables The following reports are to be provided to FCM at the time a disbursement request is made or at the completion of the Project. The format of each report is as provided in Part 3 of Schedule C. Name of Report Due Date: Content Progress Report: Phases 1 30/JUN/2018 Milestones 1 and 2: and 2 Concept Design Document Design Tender and Construction Drawings Progress Report: Phase 3 30/MAY/2019 Milestone 3: - Implementation of the Energy Measures Final Report 31/JAN/2020 Milestones 1, 2, 3, 4 and 5: Implementation of the Energy Measures Commissioning and Verification Plans Post Commissioning Plan and Reporting Completion Report 01/MAR/2020 Please refer to Schedule C MCIP 15404 Agreement Template — Last modified August 10, 2017 67:� Page 6 of 23 Schedule B Part 1 Grant amount Subject to the terms and conditions of this Agreement, FCM agrees to contribute towards the Eligible Expenditures an amount (the "Grant Amount") that is equal to the lesser of: the sum of one million dollars ($1,000,000); or eighty percent (80%) of Eligible Expenditures; Notwithstanding the foregoing, if the aggregate amount of funding received or to be received from all sources of funding, other than the Recipient, as described in Part 2 of Schedule B (all as determined and calculated by FCM) is greater than the total expenditures incurred by the Recipient in respect of the Project then FCM may reduce the Grant Amount to such amount as it deems appropriate, in its sole and absolute discretion. MCIP 15404 Agreement Template — Last modified August 10, 2017 Page 7 of 23 Schedule B Part 2 Particulars of the Sources of Funding The funding sources for this initiative are outlined in the table below. Each funding source indicates the amount of funding and when the funding was confirmed or is expected to be confirmed. Funding Description Confirmed Date committed Amount % of total source "(Y/N) DD-MM-YYYY ($) budget FCM Grant Grant Y 14 DEC 2017 $1,000,000 14% Province of NB Grant Y 28 SEP 2016 $2,030,000 29% RDC Federal ACOA Grant Y 12 AUG 2017 $2,030,000 28% City of Saint John Cash Y 28 SEP 2015 $2,035,000 29% Total funding: $7,095,000 100%' [Must equal budget total expenditures] Budget total ex' enditures $7,095,000 Budget total Eligible Expenditures $1,923,000 MCIP 15404 Agreement Template — Last modified August 10, 2017 Page 8 of 23 Schedule B Part 3 Payment Schedule/ Period of Fundinq FCM will disburse the Grant Amount as determined in this table upon completion of milestones or activities as evidenced by submission and acceptance by FCM of Milestone Report/ERR/Final Report and a Request for Contribution. The Milestone Report/ERR/Final Report and Request for Contribution must be submitted at least 30 days prior to the date of disbursement. The Recipient must notify FCM in writing of any anticipated delays in this disbursement schedule. FCM reserves the right to adjust dates of disbursement or amounts subject to Article 7 of the Agreement. Milestone/deliverable Date of Report Expected Date of Amount of % (Up to 80% Submission Disbursement Disbursement of Eligible Expenditures) Progress Report: Phases 30/JUN/2018 30/JUL/2018 $82,400 8% 1 and 2 Progress Report: Phase 30/MAY/2019 30/JUN/2019 $709,600 71% 3 Final Report 31/JAN/2020 - - Completion Report 01/MAR/2020 01/APR/2020 $208,000 21% Period of Funding. The Period of Funding is defined as the period between Project Start Date and 90 days after the Project End Date as set out in Part 2 of Schedule A. MCIP 15404 Agreement Template — Last modified August 10, 2017 6'1%] Page 9 of 23 Schedule C Part 1 Request for Contribution, Letter of Attestation and Expense Claim 114 Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Mr. Isael Poirier Project Officer - MCIP Ladies and Gentlemen: Re: MCIP — no. 15404 Agreement between the Federation of Canadian Municipalities (as Trustee) and the Corporation of the City of St -John ("Recipient') (the "Agreement') �1�� OR/i�� Wi / � W ofo J i1� , the r; iiiii / Ai of the Reapient certif and confirm that the Recipient is requesting the ,f % , �� Contribution and that the Recipient has satisfied each 1111 F11 condition of contribution listed below. I understand that all information below must be submitted and accepted in order for FCM to be able to proceed to funds transfer. I am attaching to this request for contribution all reports specified as a condition of disbursement in Part 3 of Schedule A: • Letter of Attestation. In addition, I have also attached the following documents: • The Expense Claim • Updated statement of funding sources and amounts (Part 2 of Schedule B) The [lead organisation] would like to have the Contribution to be disbursed to the following account: Name of Bank Address of Bank: Telephone no. of Bank Bank no.: Transit no Signature: Date MCIP 15404 Agreement Template — Last modified August 10, 2017 Ais] Page 10 of 23 Letter of Attestation for Expense Claim "/ TO: The Federation of Canadian Municipalities This letter of attestation (the "Letter") is issued pursuant to the Agreement # (project number) dated (the "Agreement') between the Federation of Canadian Municipalities ("FCM") and (the 'Recipient'), and in support of the expense claim submitted by the Recipient to FCM for reimbursement of expenses incurred and paid by the Recipient in relation to the Project (the "Expense Claim"). All defined terms used in this Letter and not otherwise defined shall have the corresponding meaning in the Agreement. I am an authorized official of the Recipient and I hereby certify, in satisfaction of the terms and cond itions of the Agreement, that: i. All expenses claimed in the Expense Claim have been incurred and paid by the Recipient; ii. All expenses claimed in the Expense Claim relate to the Project; iii. All expenses claimed in the Expense Claim relate to Eligible Activities in compliance with the eligible activity requirements described in Part 4 of Schedule C to the Agreement; and iv. All expenses claimed in the Expense Claim are Eligible Expenditures in compliance with the Eligible Expenditure requirements described in Part 4 of Schedule C to the Agreement. V. All expenses claimed have been incurred during the Period of Funding. Name and title of authorized officer of Recipient Signature MCIP 15404 Agreement Template — Last modified August 10, 2017 Date AI Page 11 of 23 Expense Claim Project Number I MCIP 15404 Proiect Title I Saint John Citv Market Enerqv Upqrades Milestone Completed Total Budgeted Total Actual Total Actual Total Actual Expenditures Net of Tax — Net of Tax Rebates ($) Expenditures ($) (as Eligible Ineligible Expenditures Net Net of Tax per Part 2 of Schedule Expenditures Expenditures of Tax Rebates per Administrative and Overhead A per milestone) Net of Tax Net of Tax milestone ($) Capital Expenditures Rebates per Rebates per Equipment rental milestone($) milestone ($) Milestone 1: Concept $5,168,500 and public gatherings Design Document Professional and/or Technical Services Milestone 2: Design $85,500 Staff remuneration Tender and Construction Travel and accommodation Drawings Total Expenditures Incurred $ $ Milestone 3: $1,560,000 Implementation of the Energy Measures Milestone 4: $260,000 Commissioning and Verification Plans Milestone 5: Post $21,000 Commissioning Plan and Reporting Total Expenditures ($) $7,095,000 $ $ Expenditures Incurred by Total Actual Total Actual Ineligible Total Actual Expenditures Expenditure Category Eligible Expenditures Net of Tax — Net of Tax Rebates ($) (as per Part 4 of Schedule C) Expenditures Rebates ($) Net of Tax Rebates ($) Administrative and Overhead Expenditures Capital Expenditures Equipment rental In -Kind Meetings, Training Sessions and public gatherings Professional and/or Technical Services Staff remuneration Supplies and materials Travel and accommodation Total Expenditures Incurred $ $ MCIP 15404 Agreement Template — Last modified August 10, 2017 C'M Page 12 of 23 MCIP 15404 Agreement Template — Last modified August 10, 2017 M Page 13 of 23 Schedule C Part 2: Reporting requirements (Capital projects) As a recipient of MCIP funding, you must complete the following reporting requirements 1) Completion report stamped by a certified engineer or equivalent professional MCIP grant recipients are required to submit a completion report at the end of their funded initiative. The report must be submitted electronically within thirty days of the end date indicated in Schedule A and prior to requesting your final disbursement. Note that documents displaying headers, footers, titles or watermarks containing terms like "draft" or "for internal use only" will not be accepted. The completion report template is available on the following page. In answering the questions, please use plain language that can be understood by non -specialists. Refer to the suggested word counts for an estimate of how much detail to provide for each question. The completion report will need to be stamped and signed by a certified engineer or equivalent professional, as proof of project completion. Please send a scanned copy of the stamped report to your project officer, as well as an MS Word version (.doc or .docx) of the report to your assigned project officer. 2) Photographs of the capital project MCIP grant recipients are also required to submit 4-6 high-resolution photographs of their capital project. This must include at least one photo of the completed project, but may also include photos from various stages of construction. For each photograph, please also provide a short caption of 100 words or less that describes its content. MCIP grant recipients must obtain consent from any individuals appearing in the photos. Photos and their captions should be submitted electronically to your assigned project officer in one of the following formats:.JPG, .PNG, or .TIF. FCM may use one or more of the submitted photos on its website or in other communications materials. Important information COPYRIGHT: You must hold the copyright to the content that you submit to us, as we may post your Completion Report and supporting documents on the FCM website. This means that you own all the rights to the documents and can decide who is allowed to reproduce and distribute it. CONFIDENTIALITY: If your Completion Report contains any confidential information that you would prefer not be made available to the public (e.g. through a case study or other materials produced by FCM that relate to your project), please indicate this in the respective area when answering the questions. If you have questions about completing the above reporting requirements, please consult your assigned project officer. MCIP 15404 Agreement Template — Last modified August 10, 2017 AElI Page 14 of 23 Questions for Completion Report (Capital projects) Summary information 1. What is your MCIP number? 2. What is the working title of your MCIP-funded initiative? 3. What is the climate focus of your capital project? (e.g. adaptation or GHG emissions reduction) 4. What is the type of project? (e.g. district energy system, landfill gas capture, etc.) 5. What is the name of the lead applicant? (e.g. name of the organization) 6. In what province is the lead applicant located? 7. Please provide the contact information for the lead applicant (e.g. phone, email, and mailing address). 8. Please provide the contact information for someone who can be contacted for more information about the capital project, if different from the lead applicant (e.g. name, title, phone, email, and mailing address). Project summary 9. What specific objectives does the capital project seek to help the community attain and how will it reduce GHG emissions and/or reduce vulnerability to climate impacts? Please include details on specific technologies or solutions that were tested. (e.g. relating to energy conservation, transportation, flooding, etc.) (200 words) 10. What is the geographic scope of the capital project? (100 words) 11. How was the capital project paid for? Please indicate the relevant funding sources and the amount provided through each one: Funding source Amount Federal funding Provincial or territorial funding Municipal funding FCM funding Other (please specify) 12. Was a particular methodology or approach used for verifying and/or testing the performance of the technology or solution used in this capital project? If yes, which of the following did you use? • Environmental Technology Verification Program • Engineering Consultant • Other (please specify) 13. Were there any significant changes to the scope and/or costs for the development of this capital project (as described in Part 2 of Schedule A of the Agreement) since the start of the work? If so, please describe these changes and provide a brief explanation. (300 words) Who was involved? 14. Briefly describe who was involved in this capital project and what their role was (e.g. municipal staff, elected officials, consultants, community groups, the general public, etc.) (200 words) MCIP 15404 Agreement Template — Last modified August 10, 2017 Page 15 of 23 AM 15. Was there a project champion who was instrumental to this capital project? If so, please include his or her name, title and contact information, and describe his or her role in the preparation of the plan. (100 words) 16. If the lead applicant is nota municipality, briefly explain why your organization undertook this capital project. (200 words) Advancement in emissions reductions 17. Please review and update the following table from your application form. Please also provide information relating to the anticipated results of the capital project, as it has been built. Submit documentation and references that support the updated information you have provided below to your assigned project officer (e.g. feasibility study report, life -cycle analysis, etc.). Benefits of the capital project MCIP 15404 Agreement Template — Last modified August 10, 2017 C�� Page 16 of 23 r: J� I I I I I J Illl1�� ,�I11111111 rl I Ifu� �iilllll111, J �, , 11 fl ��/i i ��ell: r 1 rI lr r 1, 1, l ...1...� , I r Il Ill lu IIWillJ I , !111111 1,. J J ,r , I 11 ! l 1 I I ,r IJP r Ili � �r r l II ,1 I �Il�l 1 1. I J i r , uf1uJ uf1uJ 1 1 JJJ II III I!I',"% k �C111 C1r r h ur 1111 j��,, 1 021 � ��l r s 6 ! (E - F)H)I� (E * (F * - J) (I `-rid ILkAJ,II; �,�e Ihr C'rtY I1hukL'l- "jai ural1�/r- ra.; ' 162 ds0 � /l /p% iE -� 19.96 (E � (F M iI-� f.:lll:`I'PV � 4. ffiutllrV VLI ll YL'+ i, lu hml./ijr"�� l.. l „/S ��"��J�k�� 0 ��4�/ �Y y f�� (E -F) 0 /1 e (ETH) (FSH) iI-J) /S ,Id 0 1.000 , (E - F) 0 (E H) (F H) 0 - J) Yr,l II fr, ,il fur rlyd rlrrlrrulr r,lll 111 yF 0818 f>((j( /!/%j 'f71 �l/" 11`�L"��f�9 ///�iii/�u'� AIR' Arid N/A yJ� i ,(�/r �� I t,ld �Plt rgy u,Il�ulYl pd rf C)PI (, 31'3 1 HIM /,V��' `' 1� � f mif��9.. 1 mll (I I(j I.uu ions N/A sum sum SUM r,-.ducti�. n (SUM K/SUM I)*100 Benefits of the capital project MCIP 15404 Agreement Template — Last modified August 10, 2017 C�� Page 16 of 23 18. Please identify any economic benefits resulting from the implementation of this capital project (e.g. increased local economic development, job creation, etc.). (200 words) 19. Please identify any social benefits resulting from the implementation of this capital project (e.g. increased recreational opportunities, enhanced civic pride, etc.). (200 words) 20. Please describe any negative results that were observed and/or any trade-offs that were implemented. (200 words) Next steps 21. Describe the systems and/or processes that are in place to collect necessary data and effectively monitor the capital project's performance over the medium and longer term? (300 words) 22. What steps are being taken by your municipality to ensure longer-term sustainability of this capital project? (200 words) Lessons learned In answering the questions in this section, please share reflections based on your experience in undertaking this capital project, from the initial planning stages through to completion. 23. What would you have done differently and why? (200 words) 24. What were the key factors that allowed for the capital project to be undertaken successfully and why? (200 words) 25. What barriers and/or challenges did you encounter in undertaking this capital project and how were these addressed? (200 words) Knowledge sharing 26. Aside from the capital project itself, did your work result in anything else that could be of use to other municipalities? If so, please briefly describe each item below, and email a copy to your project officer so that it can be shared. (note: this could include a new policy, operating practice, model by-laws, a public consultation manual, check -lists, a measurement tool to assess progress in adapting to the impacts of climate change and/or reducing GHG emissions, etc.) (200 words) 27. Did your municipality refer to any informational resources or consult with other municipalities in undertaking this capital project? If so, which ones and how? (200 words) 28. Is there a website where more information about the capital project can be found? If so, please provide the link. 29. Would someone from your municipality like to provide a 50-100 word quote about the capital project? If so, please include it below, along with the full name and title of the person. (note: the quote could highlight the plan's objectives and/or targets, anticipated outcomes, etc.) Awards and recognition 30. Please describe any recognition, awards, or notable public support received relating to this capital project. (200 words) MCIP 15404 Agreement Template — Last modified August 10, 2017 Cil Page 17 of 23 Schedule C Part 3 Accepted Practices The Recipient shall incorporate the following language into the Final Plan or Final Study or Final Capital Project, as applicable, and the Final Completion Report, unless it has received written notice to the contrary from FCM: "© 201 f �� All Rights Reserved The preparation of this [plan/ study/capital project] was carried out with assistance from the Government of Canada and the Federation of Canadian Municipalities. Notwithstanding this support, the views expressed are the personal views of the authors, and the Federation of Canadian Municipalities and the Government of Canada accept no responsibility for them." Use of FCM's logo As a funding partner of the project, FCM's logo should be included on signage and when appropriate, on digital signs. High-resolution logos will be supplied by FCM staff. The logo must never be reproduced less than four centimetres wide. FCM>li"a ("I"l,4;+1;" f. t4 Cr,NA, 31l::::1`uNf. DES 1111 11, J ill 4 1 C11:61,..1111 5 ¢`A'VlN1,(",IP'AAL11LS If you have questions, please contact Programsmedia(a)fcm.ca T. 613-907-6399 T. 1-877-997-9926 Infrastructure Project Signage Guidelines Placing signs at construction sites is a long-standing practice to communicate key project details to the public. Through project signs, Canadians can easily recognize where infrastructure investments are being made in their communities and the benefits of those investments. Information about the current infrastructure signage guidelines can be found here: http://www.infrastructure. gc.ca/pub/signage-panneaux/intro-eng.html. This infrastructure signage program is administered in partnership with the Government of Canada. The guidelines apply to any new signs being installed at infrastructure projects that are jointly funded with the Government of Canada under MCIP. MCIP 15404 Agreement Template — Last modified August 10, 2017 C•iiJ Page 18 of 23 Schedule C Part 4 Eligible Activities and Expenditures Eligible expenses must be incurred after the Eligible Expenditure Date of August 10th1 2017, Commented [MDI]: ISthisstill thecorrectdate? Eligible Activities 1) Pre -application I N/A Administrative expenditures that are directly linked to and have been incurred for the project, such as: • Communication expenditures (e.g. long-distance calls or faxes). • Permits or certifications required for the project. • Outsourced printing or photocopying. • Acquisition of documents used exclusively for the project. 2) Administrative and Document translation. Overhead Transportation, shipping, and courier Expenditures expenditures for delivery of materials essential for the project. • Design and production of communication products to promote project outcomes and benefits to the public. • Advertising, website development, project education materials or expenditures to disseminate project communications products. • Public engagement expenditures, such as surveys, web tools, other MCIP 15404 Agreement Template — Last modified August 10, 2017 • Any expenditure incurred prior to FCM's eligible expenditure date. Expenditure of developing this proposal or application. General overhead expenditures incurred in the regular course of business, such as: • Office space, real estate fees and supplies. • Financing charges and interest payments. • Promotional items. • Hospitality expenses (food and drink, alcohol, entertainment, etc.). C:3'] Page 19 of 23 MCIP 15404 Agreement Template — Last modified August 10, 2017 Me] Page 20 of 23 • Specialized system hardware. Purchase or lease of real • Software expenditures up to a estate. maximum of $25,000 will be Capital expenditures related to accepted, unless otherwise approved regular business activities and by FCM. not a specific requirement of 3) Capital For Capital Projects only: the project. Expenditures Expenditures essential for conducting the project. This would include construction expenditures, materials, renovation and modernization expenditures, and installations expenditures. • Rental of tools and equipment. Rental of tools or equipment 4) Equipment Rental Related operating expenditures such related to regular business as fuel and maintenance activities. expenditures. • Any goods and services 5) In-Kind N/A received through donation • Expenditures associated with Any hospitality expenses such as: accessing reference materials such • Food and drink as standards, templates and toolkits. • Alcohol • Expenditures related to meetings and • Door prizes 6) Meetings, Training public gatherings that communicate • Entertainment Sessions, and Public the project to the public and that • Music Gatherings collect feedback: Examples: facility • Decorations rental and audiovisual equipment • Flowers, centerpieces • Etc. • Fees for professional or technical Expenditures associated with 7) Professional consultants and contractors, incurred regular business activities not and/or Technical in support of eligible activities. related to the project. Services Legal fees. • Daily rates actually paid by the In-kind contribution of Eligible Recipient to its Employees in services. Canada for time actually worked on Participant salaries. the implementation of the Project. The • Expenditures related to regular daily rate per employee shall include business activities the following costs: Overtime Pay a) direct salaries: actual and justifiable Bonuses / performance pay 8) Staff Remuneration sums paid by the Eligible Recipient Fringe benefits such as; to Employees in accordance with the o sick days Eligible Recipient's pay scales as o pension plan regular salary excluding overtime o any other fringe pay and bonuses. benefits not listed as b) fringe benefit: in accordance with the eligible Eligible Recipient's policies, as Costs related to ongoing or follows: other business activities and MCIP 15404 Agreement Template — Last modified August 10, 2017 Me] Page 20 of 23 i. time -off benefits (prorated to the not specifically required for the annual percentage (%) of time project. actually worked on the Staff wages while receiving implementation of the Project): training or attending learning allowable number of days to be events. paid by the Eligible Recipient for Professional membership fees the following payable absences: or dues. statutory holidays, annual vacation, and ii. paid benefits: actual sums paid by the Eligible Recipient for paid benefits (prorated to the annual percentage (%) of time actually worked on the implementation of the Project): the Eligible Recipient's contribution to employment insurance and workers' compensation plans (where applicable), health and medical insurance, group life insurance, or other mandatory government benefits; Note: Labour costs must be documented in a manner that meets audit standards for verification of eligibility of cost and level of effort. • Supplies and materials required toI • Expenditures related to regular 9) Supplies and undertake the project. business activities Materials 10) Taxes • The portion of Provincial/ Harmonized Sales Tax and Goods and Services Tax for which your organization is not eligible for rebate. The portion of Provincial /Harmonized Sales Tax and Goods and Services Tax for which your organization is eligible for rebate, and any other expenditures eligible for rebates. For individuals on travel status Any travel expense that is not (individuals travelling more than 16 km paid in accordance with the from their assigned workplace - using the Treasury Board of Canada most direct, safe and practical road.); guidelines • Any expenditure that is not 11) Travel and necessary to conduct the Accommodation project. • Travel and associated expenses for implementing partners, guest Participant honorariums. speakers -and consultants to the extent that the travel and accommodation rates comply with the MCIP 15404 Agreement Template — Last modified August 10, 2017 Page 21 of 23 71 Treasury Board of Canada guidelines, and to the extent that such travel is necessary to conduct the initiative. www.canada.ca/en/treasury-board- secretariat/services/travel- relocation/travel-aovernment- business.html Where justified, participant travel costs may be claimed with prior written consent from FCM. Under no circumstances will participant honorariums be covered. Note: Invoices, receipts and timesheets (where applicable), must be sufficiently detailed to enable verification of expenditure eligibility and level of effort. MCIP 15404 Agreement Template — Last modified August 10, 2017 roil Page 22 of 23 Schedule D Contact Information Notices and Reauests. Any notice, demand, request or other communication to be given or made under this Agreement to FCM or to the Recipient, other than a notice of default, shall be in writing and may be made or given by personal delivery, by ordinary mail, by facsimile or by electronic mail. A notice of default shall be in writing and delivered by registered mail. Notices shall be addressed as follows: FCM Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K1 N 5P3 Attention: Mr. Isael Poirier Email: ipoirier@fcm.ca Recipient City of Saint John 15 Market Square Saint John, NB, E21L 41-1 Attention: Mr. Samir Yammine Email: samir.yammine@saintjohn.ca MCIP 15404 Agreement Template — Last modified August 10, 2017 01 Page 23 of 23 COUNCIL REPORT M&C No. 2018-200 Report Date June 28, 2018 Meeting Date July 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-08: Water Main Cleaning and Lining — Phase 15 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadtJeffTrail Manager John Campbell Brent McGovern /Brian Keenan RECOMMENDATION It is recommended that Contract No. 2018-08: Water Main Cleaning and Lining — Phase 15 be awarded to the Tenderer, Trenchless Solutions Inc., at the tendered price of $1,578,039.20 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 08: Water Main Cleaning and Lining — Phase 15 to the Tenderer. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. W"I -2 - REPORT BACKGROUND The approved 2018 Water and Sewerage Utility Fund Capital Program includes funding for the cleaning and lining of existing, unlined, cast-iron water mains to improve pressure, water quality and fire flows at various locations throughout the City. Contract 2018-08: Water Main Cleaning & Lining - Phase 15 includes work on the following streets: • Allison Street • Milford Road • Alexandra Street • Sussex Drive • Princess Street • Sydney Street • Queen Street TENDER RESULTS • Britain Street • Broadview Avenue • Margaret Street • Fegan Court • Swanton Street • Rosedale Crescent • Muriel Avenue Tenders closed on June 26, 2018 with the following results, including HST: 1. Trenchless Solutions Inc., Moncton, NB $ 1,578,039.20 The Engineer's estimate for the work was $1,455,000 including HST. ANALYSIS The Tender was reviewed by staff and found to be formal in all respects. Staff is of the opinion that the Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their Tender. Work is expected to be carried out during the summer and early fall of 2018. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2018 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the Tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor. 01 -3 - The analysis is as follows: Budget $ 1,359,019 Project net cost $ 1,431,021 Variance (shortfall) $ 72,002 The above budget variance can be managed within the overall Gas Tax Fund envelope for the Water Main Cleaning & Lining program. Igo] 114V=II1►19711 ilk] 1►[eto] 9ito] ►16i1: e1409 M 0114to] ►1111ATTO V 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. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The cast iron water mains on these streets are unlined and contribute to water quality issues. The rehabilitation of this infrastructure will increase pressures and fire flows and improve water quality. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A NQ COUNCIL REPORT M&C No. 2018-193 Report Date June 27, 2018 Meeting Date July 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-02: Ocean Drive Well House — Backup Generator OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadtJeffTrail Manager John Campbell Brent McGovern /Brian Keenan RECOMMENDATION It is recommended that Contract No. 2018-02: Ocean Drive Well House — Backup Generator be awarded to the low Tenderer, Gardner Electric Limited, at the tendered price of $74,203.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 02: Ocean Drive Well House — Backup Generator to the low Tenderer. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. rr11 -2 - REPORT BACKGROUND The approved 2018 Water and Sewerage Utility Fund Capital Program includes funding for the installation of a new backup power generator at the Harbourview Subdivision Ocean Drive Well House. TENDER RESULTS Tenders closed on June 26, 2018 with the following results, including HST: 1. Gardner Electric Limited, Saint John, NB $ 74,203.75 2. Fairville Construction Ltd., Saint John, NB $ 86,595.00 The Engineer's estimate for the work was $88,550.00, including HST. /_1►/_1W,MR The tenders were reviewed by staff and 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. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2018 Water and Sewerage Utility Fund 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 $ 265,000 Project net cost $ 111,195 Variance (Surplus) $ 153,805 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. N-11 -3 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The Ocean Drive Well House is currently not equipped with an on-site backup generator. The installation of a new backup generator will protect against interruptions in water supply and subsequent Boil Orders resulting from electrical power failures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A N.] COUNCIL REPORT M&C No. 2018-203 Report Date July 04, 2018 Meeting Date July 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Lorneville Marsh Creek Crossing Reconstruction Project OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Jeff Hussey Mike Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report was to reach out to the Province and advocate for the community of Lorneville regarding some of their concerns. These concerns included; 1. Request that the road surface at the Marsh Creek crossing be re -instated to the same width and configuration prior to the installation of the baily bridge Discuss the street lighting a the crossing 3. Speed Limit signage and detour signage located along the Lorenville Road 4. Repairs to the road surface along Lorneville Road 5. An update on the status of the Mill Creek Crossing PREVIOUS RESOLUTION Resolution on April 9th, 2018 that Common Council refer to the City Manager the community concerns regarding the Lorneville Marsh Creek Crossing reconstruction project for review and report back to Common Council. REPORT City staff met with the community group from Lorneville on April 26th, 2018. In this meeting the Lorneville Community Group expressed several concerns with E:ii] the proposed reconstruction project for the Marsh Creek crossing. Back in 2013 the existing large diameter corrugated steel culvert running under the Lorneville Road failed and the Department of Transportation and Infrastructure (DTI) installed a temporary bridge structure. This structure has been in place since the fall of 2013 and since its placement this crossing has been down to one lane. The replacement of the temporary structure with a permanent solution is currently under way and scheduled to be completed this fall. On March 7t", 2018 the Lorneville Community Group met with DTI to discuss their concerns. In this meeting the two parties discussed many concerns that the residents had and the Lorneville Community Group were satisfied with the answers that form DTI. However the residents were left with several questions that they felt were not sufficiently answered and ask for the City to advocate on their behalf. The concerns that City staff approached DTI on, are: 1. Request that the road surface at the Marsh Creek crossing be re -instated to the same width and configuration prior to the installation of the baily bridge. (Prior to the installation of the baily bridge there were two 12' asphalt travel lane, two 4' asphalt bike lanes and two 4' gravel shoulders.) 2. Discuss street lighting at the crossing. Concerns are the existing street lighting is inadequate. Speed Limit signage and detour signage located along the Lorenville Road. Specifically a sign indicating that there is no through traffic beyond a particular civic address. Also look at the southern side of the reconstruction project towards Coleson Cove and add if necessary any additional speed control signs. 4. Repairs to the road surface along Lorneville Road. Specifically on the southern side of the reconstruction project from Civic 3350 to King Williams Highway. 5. An update on the status of the Mill Creek Crossing. City Staff reached out to DTI with these concerns and received feedback. DTI's and the City's response to the above are as follows; 1. The design approach for this bridge sized culvert replacement is to reasonably match the newly constructed portion of the roadway, at the new culvert location, to the roadway on either side. The Roadway width selected meets Transportation Association of Canada (TAC) Standards and the Shoulder width provided exceeds TAC standards. This approach is consistent with industry practice. It should be noted that the installed culvert will be able to accommodate some degree of future road raising and widening, should such a road upgrade be undertaken in the future. DTI does not see a benefit to changing the roadway width at the pipe, and does not plan to change the roadway width from that shown on the current contract plans. E:1iI -3 - The City has a lighting warranting analysis and will assign the appropriate department and staff to analyze this request. If there is additional light required at this crossing then City staff will make the required arrangement to have this section of roadway brought up to City standard. 3. This contract has a comprehensive detour signage plan that will be put in place as part of the contract. A sign indication that there is no through traffic beyond a particular point will be erected at the beginning of Lorneville Road by the store. The City follows the Transportation Association of Canada (TAC) manual for the installation of all its signs. This is a national standard that is widely recognized and utilized across the country. City Staff will investigate this area and ensure that appropriate amount of speed control signage is in place during and after the reconstruction period. 4. City Staff worked with DTI and came to an agreement on cost sharing the resurfacing of this section of Lorneville Road. On June 15 the City and DTI entered into an agreement which stated that DTI would cover all the cost of materials for this resurfacing, including asphalt and shouldering work, and the City would supply the labour and equipment. This section will remain the responsibility of DTI on a go forward basis. The asphalt work has been completed as of the July 3rd, 2018 and the shouldering work will follow in a couple of week time. Like most of the developed world, including New Brunswick, suffers from the Infrastructure Deficit, meaning that we have built a very large amount of infrastructure since world war two. The size of the bridge and road inventory is very large when compared to our population. As a result, DTI has a long list of priority sites to tackle. Assigning priority and finding financial and human resources to carry out planning design and construction is an ongoing challenge. This problem is being faced across North America. However, the area where Lorneville Road crosses Mill Creek is of interest given its history of frequent water damage. This area will be assessed for future work. City staff will continue to work towards rectifying the concerns of the Lorneville Community Group that reside in the realm of the City's responsibility. As we move forward on these items, City staff will communicate with the Lorneville Community Group the results of our findings. STRATEGIC ALIGNMENT This report aligns with Council's priority for Valued Service Delivery SERVICE AND FINANCIAL OUTCOMES Chc k here to enter text, E:YA INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Chck here to enter text, ATTACHMENTS Ist attachments here or [Ype None nCuo attachments. Your Worship and Councilors: Subiec,t: Lorneville Marsh Brook Crossing Reconstruction Thank you for your attention to the attached summary of concerns Lornevifle residents expressed about the Marsh Brook Crossing Reconstruction project, now underway. Subsequent to the April 9 Council meeting, representatives of the, residents met with City staff on April 27 to discuss the matter. We understand that City staff has been in further discussions with NBDTI staff about the matters raised and several issues have been addressed - City Police and other Emergency first responders have been advised of the pending closure of Lorneville Road (scheduled for June 15) and asphalt patching repairs have been made by the City on the section of detour route past the last house on Lorneville Road. We understand that Provincial DTI staff has accepted responsibility for M:iil Creek crossing and has agreed to list it among their future reconstruction projects. Staff declined to erect temporary speed limit signage along the detour route but we understand that Police will monitor vehicle speeds if necessary. There are two outstanding issues among the list of concerns. The first is for additional street lighting along the roadway crossing. City staff advised there is a warrant process they follow when considering such requests, and it needs to be initiated as soon as possible now that construction is about to begin. The second is that the reconstructed roadway over the new culvert is intended to be 8 feet narrower between the guideraiis than the existing roadway was before the Bailey Bridge was installed in 2014. We understand that staff raised this with NBDTk staff but has not received an affirmative answer. Given the safety concerns residents have for pedestrians and cyclists using this crossing, and suggestions for bike lanes and sidewalks, making the roadway wider by this amount would seem a relatively simple accommodation to make. However it has not yet been confirmed. Again we are asking for Council to advocate/communicate with the Province on behalf of Lorneville residents to have the new roadway at Marsh Brook Crossing the same width as previously existed at this location. i.e. 8 feet wider than the NBDTI design plans call for. Yours truly, 441 k' Joe Williams Bryant Ferguson4elvin Wilson /Philip Mc avour 9 Maguire Drive 10 Jacks Road West 1521 Lorneville Road 1191 Lornevilie Road President, Lorneville Community and Recreation Association June 27, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Subdivision application — Money -in -lieu of LPP 649 Churchland Road The Committee considered the attached report at its June 19, 2018 meeting. Mark Horgan, the applicant, appeared before the Committee and was in agreement with the Staff Recommendation. No other persons appeared before the Committee and two letters were received in support of the application. 74) Tile City of Saint pohn After considering the report, presentation and letters the Committee adopted the staff recommendation concerning the acceptance of money -in -lieu of land for public purposes (LPP). RECOMMENDATION: 1. That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP). Respectfully submitted, Eric Falkjar Chair Attachments Page 1 of 1 85 The City of Saint. John Date: June 15, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 19, 2018 SUBJECT Applicant: Owner: Location: .s Plan Designation; Existing Zoning: Application Type: Jurisdiction: Mark Horgan Mark and Janet Horgan 649 Churchland Road 55233480 and 00428078 Rural Resource Rural (RU) Subdivision The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning land for public purposes (LPP) in conjunction with the subdivision of land. SUMMARY An application to subdivide land at 649 Churchland Road has been received. The tentative plan of subdivision is able to respect all standards of the Zoning and Subdivision Bylaws; however, authorization is required for money -in -lieu of the required land for public purpose. Page 1 of 5 86 Mark Horgan 649 Churchland Road June 15, 2018 RECOMMENDATION 1. That Common Council authorize the acceptance of money -in -lieu of the required land for public purposes (LPP) DECISION HISTORY On April 12, 2016, the Development Officer approved variances and a tentative subdivision plan to facilitate a lot boundary adjustment as part of the settlement of a family estate involving the subject property. The Development Officer approved the final plan for registration on April 27, 2017. ANALYSIS Proposal The applicant is seeking approval to subdivide 11.8 hectares of land at 649 Churchland Road to create two parcels: lot 18-01 (7.4 hectares) and 18-02 (4.4 hectares). While the tentative plan of subdivision meets the standards of the Zoning and Subdivision Bylaws, approval is required to authorize the acceptance of money -in -lieu of LPP. Site and Neighbourhood The subject property currently consists of two parcels. The larger parcel fronting on Churchland Road contains two driveways but is otherwise vacant and well forested, with streams feeding the nearby McMormac Lake in addition to provincially -designated wetlands. The smaller parcel sits in behind and is landlocked. A Watercourse and Wetland Alteration permit is required for any proposed alterations within 30 metres of the watercourse and regulated wetland identified on the properties. Churchland Road runs parallel to the Airport Access Road and connects Golden Grove Road to Loch Lomond Road. The subject property is situated at the intersection of Cosy Lake Road and lies between Adams Lake and McMormac Lake. The neighbourhood largely consists of single family homes and vacant lots, with a number of pit and quarries to the north. The property is zoned Rural (RU). This zoning is common throughout the area, with the exception of a string of Rural Residential (RR) running south from Churchland Road to Loch Lomond Road. The Rural (RU) zone accommodates limited residential development on new large lots to ensure development does not interfere with resource activities. Municipal Plan and Subdivision The subject property is designated a mixture of Rural Resource and Park and Natural Area under the Municipal Plan. Policy LU -97 of the Plan states that "residential development shall only be permitted on newly created lots that have a minimum lot area of four (4) hectares and Page 2 of 5 87 Mark Horgan 649 Churchland Road June 15, 2018 have direct access to an existing public or private street." The tentative plan of subdivision is able to respect this policy. As condition to the approval of the subdivision plan, land for public purpose (LPP) is required as per the Subdivision By-law. Since the adoption of the City's Recreation Strategy, MoveSJ, it is policy to seek money -in -lieu dedications for LPP, representing eight percent of the market value of the proposed subdivision, instead of land. Conclusion The proposed subdivision is in conformity with the Municipal Plan and relevant bylaws. On this basis, staff are supportive of the proposal and request authorization to accept money -in -lieu of the required land for public purposes. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were assessed. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 8, 2018. SIGNATURES AND CONTACT Prepared: Andrew Reid, MPI Planner Reviewed: Approved: Page 3 of 5 88 Mark Horgan 649 Churchland Road June 15, 2018 Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Andrew Reid Phone: (506) 658-4447 E-mail: andy.reid@saintjohn.ca Project: 18-85 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 4 of 5 89 Mark Horgan 649 Churchland Road June 15, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan of Subdivision Page 5 of 5 90 ,z� cadIN cS�coITEMmo .2 CD III f�li � co 0') _0 co 0 C: u C) 0 m N-I- (.0 a) co cle) CY) a) L- 0 06 CIO D� to m LO m ➢ �13 1, V, z "If 77 - OV7 Oft, Ur! rx i2 yy rr A m From: uuoutoo To: Reade. Mar ; Burgess. Aimee Subject' Fm: Subdivision Application, myc»urcmnnu Road Date: 3une'1+18 1:1*:13 PM Paula Hawkins One Stop Development Shop Permitting & Inspection Services � 1"rfloor—[ityHaU SaintJohn,NB E21_41_1 (5O6)658-2911 oau|a.hawkinsrEDsairtiohn.ca From: Noel Horgan[maiKn:mandnhorgan@rogers.onm] Sent: ]une'14-181:O5PIA Tm:onestop Subject: Subdivision Application, 049Chunch|andRoad Gentlemen: In response to your letter received by me, dated June O, 2018, regarding the application of Mark Horgan tosubdivide property at549[hurch|andRoad: My property at 656 Churchland Road is across the road from the proposed subdivison requested by Mark Horgan. Heisanexcellent neighbour and | strongly recommend that his application will receive the assent of Planning Advisory Committee and Common Council. Thank you for your request for feedback to this application. Yours truly, [. Noel Horgan MA From: onestop To: Reade. Mark; Burgess. Aimee Subject: FW: Subdivision Application: 649 Churchland Road Date: 3une-14-18 1:13:53 PM Paula Hawkins One Stop Development Shop Permitting & Inspection Services 10th floor —City Hall Saint John, NB E21_41_1 (506)658-2911 oaula.hawkinsrEDsaintiohn.ca on estopCcDsaintiohn.ca From: Dave Horgan [mai Ito: dave. horga n@sjenergy.com] Sent: June -13-18 9:12 AM To: onestop Subject: Subdivision Application: 649 Churchland Road Good Morning, I am in receipt of your notice concerning the subdivision application of the property at 649 Churchland Road to be discussed on Tuesday, June 19, 2018. Please record me as being in favour of the application. I am the property owner of the two lots to the south-east of lot 18-02 as well as the lot to the west of 18-02. In addition to this, I am also the president of the organization that owns the lot to the south-west. The creation of new lots as configured will fit well with the existing landscape and will be a welcome addition to the neighbourhood. Dave Horgan 90 Cosy Lake Road Saint John NB 506.696.1932 506.333.4083 x'1:3 COUNCIL REPORT M&C No. 2018-207 Report Date July 4, 2018 Meeting Date July 9, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Leveraging the Province of New Brunswick's Natural Gas Supply Contract OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Chris Roberts Ian Fogan/Kevin Fudge m I Jeff Trail RECOMMENDATION RESOLVED: 1.) That the City provides estimated volumes of natural gas usage to the Province and participates in the Province's upcoming Tender #36075-19 for natural gas; and 2.) That the Mayor and Common Clerk be authorized to execute the Memorandum for Procurement of Natural Gas attached to M&C 2018- 207. EXECUTIVE SUMMARY In an effort to achieve the lowest possible price for natural gas, which is used by City departments, and to leverage the Province's supply contract, the Province requires the City of Saint John to sign and return the provided Memorandum for Procurement of Natural Gas ("MFP") along with the City's estimated usage of said fuel. PREVIOUS RESOLUTION No previous resolutions 06%] -2 - REPORT The City has taken advantage of the lower pricing provided to the Province for various goods and services, including natural gas, by leveraging their supply contracts for many years. To allow the City of Saint John to participate in the Province's upcoming tender for natural gas, the City must provide the Province with: (a) Estimated yearly usage of natural gas; and (b) An executed MFP The Province has recently implemented a process where public entities who wish to participate in their tendering process and gain access to the resulting supply contracts must execute the MFP established by the Province. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Fiscal Responsibility. SERVICE AND FINANCIAL OUTCOMES By gaining access to the Provincial supply contract for natural gas, the City will be provided with a lower cost for natural gas, as well as a reduction in procurement administrative costs. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The agreement has been reviewed and approved by the City Solicitor's Office. ATTACHMENTS Memorandum for Procurement of Natural Gas `tell] r MEMORANDUM FOR PROCUREMENT OF NATURAL GAS THIS MEMORANDUM made this day of 12018. BETWEEN: SERVICE NEW BRUNSWICK, a Crown corporation with head offices at 82 Westmorland St., Fredericton, NB (hereafter called "SNB") - and - THE CITY OF SAINT JOHN, having its City Hall 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, (hereafter called the "Client") (SNB and the Client are hereinafter collectively referred to as the "Parties") WHEREAS SNB has or will be entering into a contract of supply with one or more suppliers for the supply and delivery of Natural Gas in accordance with Tender #36075-19 (the "Tender") to meet the needs of public sector entities in the Province of New Brunswick at the best possible prices; AND WHEREAS once a contract has been entered into by SNB with a supplier, the Client, being a Public Sector Entity as defined below, will then be able to benefit from those best prices from the supplier subject to terms and conditions contain in this Memorandum. NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is acknowledged, and in consideration of the covenants and conditions contained herein, the parties agree as follows: 1. DEFINITIONS In this Memorandum or in any amendments hereto, the following terms shall have the following meanings: "Contract(s) of Supply" means a contract or contracts for Natural Gas to be delivered as and when required for the period indicated upon receipt of an official release under the Contract of Supply. SNB does not guarantee that any specific volume of Natural Gas will be purchased; `O "Memorandum" means this Memorandum for Procurement of Natural Gas, including the Schedules and any amendment hereto in writing signed by all the parties hereto; "Public Sector Entity(s), or Entity(s)" means an entity or entities listed under Parts I, II and III of the first schedule of the Public Service and Labour Relations Act and also includes Crown Corporations and Government Funded Bodies, such as municipalities, academics (universities and community colleges), schools and hospitals. "Supplier" means the successful entity, or entities, that enter into a Contract of Supply with SNB in response to Tender #36075-19 for the Supply and Delivery of Natural Gas. 2. ACKNOWLEDGEMENT 2.1 SNB shall conduct an open competitive bidding process in accordance with the provisions of the Procurement Act (New Brunswick) for the supply of Natural Gas for a specified period of time to meet the needs of government departments and any entity who requests SNB to procure Natural Gas on its behalf, including the Client as per the terms of this Memorandum. 2.2 The Client acknowledges that in order to get the benefit of reducing pricing for its Natural gas needs, the Supplier will need to furnish certain volumes to the Public Sector Entities of the Province of New Brunswick and that those volumes will need to be properly anticipated by the Supplier. 2.3 The Client also acknowledges that a proper forecast for any known changes in volume from all Public Sector Entities for their Natural Gas needs must be communicated as needed by all Public Sector Entities to the Supplier in order to leverage the Contract(s) of Supply and receive timely and sufficient service. 2.4 The Client also acknowledges that in order for best pricing to be achieved, that all Public Sector Entities should endeavour to purchase all their Natural Gas requirements through the Contract(s) of Supply. 2.5 The Client further acknowledges that day-to-day operational issues will be the sole responsibility of the Client and the Supplier. 3. UNDERTAKING OF SNB 3.1 SNB may enter into one or more Contracts of Supply with the successful Supplier of the Tender, in which case SNB will manage all such Contracts of Supply. 3.2 As a result, of this collaborative Memorandum and aggregated volume, SNB will negotiate pricing, value added, and other savings opportunities with any Supplier at the time of award and throughout the duration of any Contract(s) of Supply in order to provide additional value to the Contract(s) of Supply on behalf of all entities. SNB, Strategic Procurement, Tender # 36075-19 Page- 2 of 5 102 3.3 SNB will provide the Client with the right to access the Tender to enable the procurement of Natural Gas through the Contract(s) of Supply in accordance with the terms and conditions outlined herein. 3.4 Where SNB enters into a Contract(s) of Supply, SNB agrees to provide to the Client reports on the pricing of Natural Gas under the Contract(s) of Supply with additional information to enable the Client to take advantage of the Tender. 4. UNDERTAKING OF CLIENT 4.1 The Client agrees to provide to SNB a list of its current locations and any additional locations during the term of the Contract(s) of Supply requiring Natural Gas and their annual volume required by each location. 4.2 The Client may change its requirement for Natural Gas (locations and volume) provided the Client gives SNB a minimum of sixty (60) days written notice of any such change. 4.3 The Client agrees to be bound by the pricing and other applicable terms and conditions of the Contract(s) of Supply and to be solely responsible to pay to the Supplier any amount owing for Natural Gas purchased and delivered. 4.4 Both Parties agree that if SNB exercises an option to extend the term of the Contract(s) of Supply, the Client may opt not to be bound by the Contract(s) of Supply during the extended term by giving SNB three (3) months written notice of such option before the expiry of the initial term of the Contract(s) of Supply. 4.5 The Client agrees to notify SNB of any material issues on the part of Supplier with fulfilling the Contract(s) of Supply. 5. TERM 5.1 The parties agree that this Memorandum shall commence upon the later of (1) the issuance of a Contract(s) of Supply from the Tender, and (2) the Parties execution of this Memorandum. This Memorandum shall conclude automatically on expiry or other termination of the Contract(s) of Supply arising from SNB's procurement of Natural Gas, unless this Memorandum is terminated earlier in accordance with section 5.2. 5.2 This Memorandum may be terminated for convenience by the Client upon giving 60 days' notice to SNB. 6. PURCHASING and INVOICING 6.1 The Client shall request their Natural Gas requirement directly from the Supplier. SNB, Strategic Procurement, Tender # 36075-19 Page- 3 of 5 103 6.2 Both Parties agree that billing and payment for Natural Gas supplied to the Client pursuant to the Contract(s) of Supply is the sole responsibility of the Supplier and the Client. 7. CONFIDENTIALITY 7.1 The Client shall not at any time use or disclose any Confidential Information that it receives from SNB pursuant to this Memorandum or that relates to the affairs of SNB except as expressly agreed under this Memorandum or as required by law. Furthermore, the Client shall not use at any time (whether during the term of this Memorandum or after its termination or expiry) for its own benefit or purposes or for the benefit or purposes of any other person, firm, corporation, association or other business entity, any business development programs, or plans belonging to or relating to the affairs of SNB, including knowledge relating to customers, clients, or employees of SNB. 7.2 The Client specifically authorize any supplier to disclose to SNB all volumes and location of delivery, past and future to enable SNB to negotiate the best possible prices for all Public Sector Entities. 7.3 The provisions of this article shall continue to bind the Client notwithstanding the expiration or termination of this Memorandum. 8. GENERAL 8.1 The Parties represent and warrant to each other that they have the requisite authority to enter into this Memorandum. 8.2 No partnership, joint venture, agency or other legal relationship is created or deemed to be created by this Memorandum or any actions of the Parties hereunder. 8.3 This Memorandum may be entered into by each party signing a separate copy of this Memorandum (including a photocopy or faxed copy) and delivering it to the other party electronically. [Signatures on the following page] SNB, Strategic Procurement, Tender # 36075-19 Page- 4 of 5 104 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. SERVICE NEW BRUNSWICK Alan Roy Chief Executive Officer THE CITY OF SAINT JOHN Don Darling Mayor Jonathan Taylor Common Clerk Common Council Resolution: SNB, Strategic Procurement, Tender # 36075-19 Page- 5 of 5 105 COUNCIL REPORT M&C No. 2018-199 Report Date June 28, 2018 Meeting Date July 09, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: TMR Radio System —Approval for Change Request OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Sarah Ranson Stephanie Rackley -Roach Neil Jacobsen Jeff Trail RECOMMENDATION The City Manager recommends that Mayor and Common Clerk be authorized to execute the Change Order requests to purchase bi-directional amplifiers (BDAs) from Bell in order to improve in -building radio coverage in the Uptown area. EXECUTIVE SUMMARY In December 2017, Common Council entered into an agreement with Bell Mobility Inc. to replace the current radio system used by protective services with the new Trunk Radio Mobile (TMR) radio system. City and Police staff are currently implementing the new system. Project milestones included a pilot test during which the project team tested street level and in -building coverage. Testing results, validated by Mudge Engineering, indicate inadequate in -building coverage in Brunswick Square, Trade and Convention Centre, Saint John Regional Hospital, and Harbour Station. These locations require bi-directional amplifiers (BDAs) to enhance the radio signal. The Province of New Brunswick has committed funding for the BDA in the Saint John Regional Hospital. The cost of the remaining three BDAs is $147,708 plus HST. PREVIOUS RESOLUTION City Manager recommends that the Mayor and Common Clerk be authorized to execute an Equipment Purchase and Network Radio Access Agreement with Bell Mobility Inc. for equipment purchase, professional services, and network radio access in the amount of $3,986,806 + HST to replace the City of Saint John's current outdated analog system with the New Brunswick Trunk Mobile Radio (NBTMR), subject to no other Vendors submitting a Statement of Capabilities on or before the Closing Date specified in the Advanced Contract Award Notice (ACAN). `[91:1 -2 - REPORT The TMR pilot ran from May 8, 2018 to June 1, 2018. One objective of the TMR pilot was to ensure the expected coverage was validated through testing for street level and in -building coverage. Staff from protective services participated in testing street coverage from ninety-two street points across the City, as well as multiple locations inside twenty-six different buildings including hospitals, industrial buildings and commercial businesses, schools, and public event locations. The internal test results indicated that street level coverage using portable radios or mobile radios is adequate; however, in buildings located in the Uptown area that currently have radio signal enhancers in place, coverage testing failed. These results were validated by Mudge Engineering. Of one hundred and twelve points tested in the Uptown area, 62% were deemed to be weak. Their recommendation is to support the decision to use BDAs for enhanced building coverage in the Uptown Saint John area. In installing BDAs rather than an additional NBTMR Base Station, the City will avoid costs of approximately $200 to $300 thousand dollars plus recurring costs. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is dedicated to providing a Safe, Vibrant City. The purchase of the BDA units will address radio coverage issues in Brunswick Square, the Trade and Convention Centre, and Harbour Station, ensuring the safety of the public and our protective services members. SERVICE AND FINANCIAL OUTCOMES The three BDA units will cost $147,708 plus HST. A total of $5.3 Million has been approved in the General Fund Capital Budget to invest in secure and reliable communications for protective services. The contract approved by Common Council on December 11, 2017 for the purchase of equipment and acces to the NBTMR system in Saint John was for the amount of $3,986,806 plus HST. Of that amount, $1,125,199 is an operating cost and as such will be incorporated into the protective services operating budgets over the life of the contract. Working with the Province of New Brunswick and Bell Mobility Inc. to ensure NBTMR was affordable for the City, the avoided costs through initial negotiations have ensured there are sufficient funds within the capital budget to cover the purchase and installation of the BDAs. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Saint John Police Force and Saint John Fire Department support this purchase. The requirement for BDAs, the capital cost, and the funds remaining in the capital budget have been discussed with Finance. ATTACHMENTS Change Order CSJ 2018-0134 Saint John Trade Centre BDA Change Order CSJ 2018-0133 Brunswick Square BDA Change Order CSJ 2018-003 Harbour Station BDA `[otl G).1 SAINT JOHN Issued to: City of Saint John-COSJ Project Change Request Number: CSJ 2018-0134 Saint John Trade Center BDA Upfront Purchase Date: CR Issued May 30, 2018 June 05, 2018 Attn: Sarah Ranson Project Agreement Director Contract; 506-721-0496 (NBTMR) Trunked Mobile Radio Services Agreement From: Jerome Sampson Bell Mobility —Associate Director Doted June 23 2015 902-486-6402 We are submitting this Change Order Proposal, subject to the provisions of the "rrunked Mobile Radio Services Agreement" (NBTMR), to make the changes identified in the Statement of Work listed here and attached documents including associated Change Request: REQUIREMENTS: 1. CCISJ is requesting Bell Mobility to supply, install, integrate and commission the required equipment to Install a BDA (Bi -Directional Amplifier) system at 700MIHz to operate on the GNB NBTMR network. The BDA will be located at the Saint John Trade Center. Saint John Trade Center 1 Market Square, Saint John, NB E21 4Z6 2. The proposed BDA for the COSJ will enhance the current GNB NBTMR 700Mhz coverage at the Saint John Trade Center. `DU] The scope of the solution as understood by Bell Mobility via the information in the COSJ 2018-0134 CR is as The solution as proposed is to provide Saint John with a BDA (Bi -Directional Amphfier) tooperate within the Saint John Trade Center . Thisproposa|comsgzofa700MHzBDA,anew^Donor^anmemna,newuervioean1*nnms,000xfeedersvmdthe necessary installation parts. All services toinstall BDA system, including antenna removal and installation o/new ~Domor,antenna and commission mnthe NBTK4Rsystem are included. This Statement ofWork (SOW)describes the deliverables tobnfurnished to COSJ,and the tasks 1obeperformed by both Beil Mobility and GNB in order to implement the proposed solution. This document contains information that describes the most current understanding of the work required by both parties toprovide asuccessful implementation. BELL RESPONSIBILITIES Bell N1ubiULy—. 1. Will work with COSJ on their requirements to deliver and install a BDA at the Saint John Trade Center 2. Will supply, install and commission the required BDA upgrade equipment. 3, Will connect the 70OMHz BDA into the new antenna and confirm the antennas are operational, 4. Will facilitate the reconfiguration required to enable the BDA to work on the NBTMR system. 5. Will coordinate site access and site activities with COSJ and the Saint John Trade Center . 6. Will not brproviding NBTMRcontractual service level terms and conditions for COS Saint John Trade 7Will perform complete system testing in the Saint John Trade Center . 8. Will provide system schematic and test results to COSJ & GNB. COSI to.... 1. Coordinate with the Saint Joh n Trade Center. 2. Arrange access to install the equipment, ]L The City of Saint John is responsible for the negotiation of terms which include accessand cost to the Trade Center, ASSUMPTIONS The following is a list of assumptions regarding the City of Saint John — Saint John TradeCemterBDAingo|L 0 All service and repair will be on a "Time and Materials" basis, ACCEPTANCE CRITERIA Saint John Trade Center BDA install will be considered accepted when, All equipment has been deliveredancl installed at the Saint John Trade Center, w The equipment has been functionally tested onthe NBTMRsystem. • The system has been commissioned and final customer acceptance has been completed, SCHEDULE: Implementation updates to be provided on a regular basis from execution of the Change Order until the Saint John Trade Center BDA iyoperational. BUDGET: 8*U Mobility has provided the pricing for the COSJ Upfront Purchase Price, reflecting the total cost of supplying, installing, and commissioning ofthe Saint John Trade Center BDA. COSJ will process the invoice for payment once commissioning and customer acceptance is complete. COMMENTS: Attachments: specify the attachments related to this Change Order Change Request CSJ 2018-0134 isK G)", SAINT JOHN FINANCIALS ITEMS PRICING GNB Saint John Trade Center Bi -Directional Amplifier Equipment includes; $14089.00 Bi -Directional Amplifier Required Connectors, Cable & Hardware Donor—Vagi Antenna Omni Indoor Antennas (2) Cyber Power UPS Implementation $28,489,00 • Engineering • Project Management • Antenna /Tower Resources — antenna exchange • BDA Installation • Pre -Test and Coverage Verification • Document Coverage • Implementation • Commissioning • Customer Acceptance Service Requests and Repairs — "Time & Material" basis Upfront Payment Sub -Total $42,578-00 FIST $6386.70 Upfront Payment Total $48,964.70 Pricing valid for, 60 days Date; Approved by: Signature: City Of Saint John Title: D r7 NOTIVIR Project Director Authorized by: Signature: Jerome Sampson Title: Date: Bell Mobility Associate Director June 5, 2018 Invoice To: City Of Saint John Once signed by both parties this document becomes an authorized Change order 111 SAINT)OHN Issued to: City of Saint John-COSJ Project Change Request Number: CSJ1 2018-0133 Brunswick Square BDA Upfront Purchase Date: CR Issued May 30, 2018 June 05, 2018 Attn: Sarah Ranson Contract: Project Agreement Director 506-721-0496 (NBTMR) Trunked Mobile Radio Services Agreement From: Jerome Sampson Bell Mobility —Associate Director Dated June 23 2015 902-486-6402 We are submitting this Change Order Proposal, subject to the provisions of the "Trunked Mobile Radio Services Agreement" (NDTIVIR), to make the changes identified in the Statement of Work listed here and attached documents including associated Change Request: REQUIREMENTS: 1, C0SJ is requesting Bell Mobility to supply, install, integrate and commission the required equipment to upgrade the existing BDA (Bi -Directional Amplifier) system from 800MHz to 700MHz to operate on the GNB NBTMR network. The BDA is located at Brunswick Square. Brunswick Square 39 King St, Saint John, NB E21 4W3 The proposed BDA for the COSJ will enhance the current GNB NBTMR 700Mhz coverage at Brunswick Square. MN SCOPE The scope of the solution as understood by Bell Mobility via the information in the COSJ 2018-0133 CR is as The solution ax proposed is to provide the Brunswick Square with a BDA (8i-Oircctimna|Amplifier) to operate within 3 floors of Brunswick Square . This proposal consists ofa7ODMHz BDA, anew ^Donm^antenna, new service antennas. coax feeders and the necessary installation parts. All services toinstaU8DAsysteno,indudimQantennaramnova|andinsta|Yadumofn+vv°Donor"antennaand commission on the NBTMRsystem are included. This Statement ofWork (S0Vx) describes the deliverables tobefumidhedtoCOSlandthetaskstobeprrformed by both Bell Mobility and GNB in order to implement the proposed solution. This document contains information that describes the most current understanding of the work required by both parties to provide a successful implementation. BELL RESPONSIBILITIES Bell Mobility.... l. Will work with C0S untheir requirements todeliver and install aBDA atBrunswick Square Z. Will supply, install and commission the required BDA upgrade equipment. 5. Will connect the 70OMHz BDA into the new antenna and confirm the antennas are operational, 4. Will facilitate the reconfiguration required to enable the BDA to work on the NBTMR system. 5. WiH coordinate site access and site activities with COSJ and Brunswick Square. O. Will not beproviding N8TMRcontractual service level terms and conditions for COSJBrunswick Square 7. Will perform complete system testing in Brunswick Square. & Will provide system schematic and test results to COSJ & GNB, 9. Will remove old BDA system MCI City of Saint John — (COS)l COSJ to._ 1. Coordinate with Brunswick Square. 2. Arrange access to install the equipment. I The City of Saint John is responsible for the negotiation of terms which include accessand cost to Brunswick Square. ASSUMPTIONS The following is a list of assumptions regarding the City of Saint John — Brunswick Square BDA Upgrade-, 0 All service and repair will be on a "Time and Materials" basis. ACCEPTANCE CRITERIA Brunswick Square BDA upgrade system will be considered accepted when/ m All equipment has been delivered and installed etthe Brunswick Square. • The equipment has been functionally tested onthe MBTMRsystem. 0 The system has been commissioned and final customer acceptance has been completed, mrwrn/xt:' Implementation updates to be provided on a regular basis from execution of the Change Order until the Brunswick Square BDA isoperational. BUDGET: Bell Mobility has provided the pricing for the CO3] Upfront Purchase Prime, reflecting the total cost of supplying, installing, and commissioning the Brunswick Square BDA. COSJ will process the invoice for payment once commissioning and customer acceptance is complete. COMMENTS: No work to be completed until Change Order approved and slgned by both parties Attachrnents:.specify the attachments related to this,,Change Orde Change Request C82018-0133 (PI. SAINT JOHN FINANCIALS ITEMS PRICING GNB Brunswick Square Bi -Directional Amplifier Equipment includes; $19,362.00 • Bi -Directional Amplifier Required Connectors, Cable & Hardware Donor — Yagi Antenna Omni Indoor Antennas (7j Cyber Power UPS Implementation $,40,813.00 Engineering • Project Management • Antenna /Tower Resources — antenna exchange • BDA Installation • Pre -Test and Coverage Verification • Docu m e nt Covera ge • Implementation • Commissioning • Customer Acceptance Service Requests and Repairs — "Time & Material" basis Upfront Payment Sub -Total $60,175.00 HST $9026.25 Upfront Payment Total $ 69,201.25 Pricing valid for 60 days Approved by: Signature:: City Of Saint John Title; Date: NBTMR Project Director Authorized by: Signature: Jerome Sampson Title: Date: Bell Mobility Associate Director June 5, 2018 Invoice To; City Of Saint John Once signed by both porties this document becomes an authorized Change order MR Goed`)� SAINT JOHN Bdi CHANGE ORDER Change Request Number: CSJ 2018-003 Harbor Station BDA Upfront Purchase Issued to: City of Saint John-COSJ Project Date: CR Issued May 30, 2018 May 30', 2018 Attn: Sarah Ranson Contract: Project Agreement Director 506-721-0496 (NBTMR) Trunked Mobile Radio Services Agreement From: Jerome Sampson Bell Mobility —Associate Director Dated June 23 2015 902-486-6402 We are submitting this Change Order Proposal, subject to the provisions of the "Trunked Mobile Radio Services Agreement" (INBTMR), to make the changes identified in the Statement of Work listed here and attached documents including associated Change Request: REQ IREMENTS: 1. COSJ is requesting Bell Mobility to supply, install, integrate and commission the required equipment to upgrade the existing BDA (Bi -Directional Amplifier) system from 800MHz to 700MHz to operate on the GNB NBTMR network. The BDA is located at Harbor Station. Harbour Station 99 Station St, Saint John, NB E2L 4X4 2. The current 800 MHz BDA provides coverage throughout Harbour Station, The COSJ require the same or better coverage with the BDA Upgrade. The scope of the solution as understood by Bell Mobility via the information in the COSJ 2018-003 CR is as follows. The solution as proposed is to provide the Harbor Station with a BDA (Bi -Directional Amplifier) to operate within the main stadium area . This proposal consists cfa700MHz BDA, nnew °Domor"antenna, new service antennas. coax feeders and the necessary installation parts. Aj|servicesioinstaUBDAsystem'inc|odingamtennaremovu!aodimstaUationofnevv^Donor"antennauwd commission onthe NBTMRsystem are included. This Statement of Work (SOW)describes the deliverables tob*furnished to[OSJ,and the tasks to be performed by both Bell Mobility and GNB in order toimplement the proposed solution. This document contains information that describes the most current understanding of the work required by both parties to provide a successful imp{ementat|on. BELL RESPONSIBILITIES Bell Mobility.... 1. Will work with [8S omtheir requirements todefiverand install aBDA inHarbor Station 2� Will supply, install and commission the required BDA upgrade equipment. 1 Will connect the 70OMHz BDA into the new antenna and confirm the antenna is operationaL 4� Will facilitate the reconfiguration required to enable the BDA to work on the NBTMR system. 6. Will not be providing NBTMR contractual service level terms and conditions for COSI Harbor Station BDA. 7. Will perform complete system testing in Harbor Station, 8. Will provide system schematic and test results to COSJ & GNB 9Will remove old BDA system MIN [OSJto—. 1. Coordinate with Harbor Station. 2. Arrange access to install the equipment. ASSUMPTIONS The following isalist nfassumptions regarding the City ofSaint John — Harbor Station BDA Upgrade; 0 All service and repair will be on a "Time and Materials" basis, ACCEPTANCE CRITERIA Harbor Station BDA upgrade system miU be considered accepted when; w All equipment has been delivered and installed atthe Harbor Station, • The equipment has been functionally tested on the NBTMR system. 0 The system has been commissioned and final customer acceptance has been completed. SCHEDULE Implementation updates to be provided on a regular basis from execution of the Change order until the Harbor Station BDA isoperational. BUDGET:. Bell Mobility has provided the pricing for the COSJ Upfront Purchase Price, reflecting the total cost of supplying, installing, and commissioning the Harbor Station BDA. COSJ will process the invoice for payment once commissioning and customer acceptance is complete. COMMENTS: No work to be completed until Change Order approved and signed by both parties _ Attachments: specify the attachments related to this Change Order Change Request CSJ 2018-003 SAINT JOHN FINANCIALS ITEMS PRICING GNB / Saint John Regional Hospital Bi -Directional Amplifier Equipment $17,998.00 Includes; • Bi-Directiona8 Amplifier • Required Connectors, Cable & Hardware • Donor — Yagi Antenna • Omni Indoor Antennas (4) • Cyber Power UPS Implementation $,26,967.00 • Engineering • Project Management • Antenna iTower Resources— antenna exchange • BDA Installation • Pre -Test and Coverage Verification • Document Coverage • Implementation • Commissioning • Customer Acceptance Service Requests and Repairs — "Time & Material" basis Upfront Payment Sub -Total $44,965.00 HST $6,744.75 Upfront Payment Total $51,709.75 Pricing valid for 60 days " Approvedby;Signature: City Of Saint John Title: Date: NBTMR Project Director May 30, 2018 Title: Date: 11 Mobility obility A soriat, May 30, Authorized by: Signature: Jerome Sampson Title: Bell Mobility Associate Director 2018 Invoice To: City Of Saint John Once signed by both parties this document becomes unauthorized Change order i § Lel COUNCIL REPORT M&C No. 2018-206 Report Date July 04, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. New City Market Lease with The Donut Queen Inc. 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 Ian Fogan/KevinFudge Jeff Trail RECOMMENDATION 1. That the City of Saint John rescind its resolution of May 7, 2018, to enter into a Lease of Stall "No. 5" in the City Market with The Donut Queen Inc.; and 2. That the City enter into a Lease for Stall "No. 2" in the City Market with The Donut Queen Inc., under the terms and conditions as set out in the Lease submitted with M&C # 2018 — 206. 3. That the Mayor and Common Clerk be authorized to execute any necessary documents. EXECUTIVE SUMMARY City staff and the owner/operator of The Donut Queen Inc. had reached an agreement that would have the business lease space within Stall "No. 5" of the City Market. That location was deemed unacceptable by the tenant after discussions with the Fire Marshall's office. An alternate location was identified as acceptable, Stall No. 2. The term will be for three (3) years, three (3) months commencing August 1, 2018 with an option to renew for an additional five (5) years. Rents will be at market value with the first three months of the term being rent free to offset space build out costs and its up -front investment into the space. The focus of the business will be making and selling baked donuts with specialty toppings, along with serving refreshments. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. `Wel -2 - PREVIOUS RESOLUTION Common Council, at its meeting of May 7, 2018, adopted the following resolution: 1. That The City of Saint John release the space being Stall "No.S" in the City Market with Childs Foods Inc. under the terms and conditions as set out in the Termination of Lease letter, dated April 13, 2018 submitted with M & C#2018-134; 2. That the City enter into a Lease for Stall "No. 5" in the City Market with The Donut Queen Inc., under the terms and conditions as set out in the Lease submitted with M&C 2018 — 134 , and further; 3. That the Mayor and Common Clerk be authorized to execute any necessary documents. STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT The former tenant located in Stall No. 5 within the City Market had ceased its operation for some time. Council at its May 7, 2018 meeting accepted the release of this space by the former tenant and entered into a new lease for this space with The Donut Queen Inc. This stall is no longer the focus of the Donut Queen operation due to Fire Code regulations and the cost of suppression equipment in Stall No. 5. City staff has reached a second agreement with The Donut Queen Inc. to operate in Stall No. 2 that would commence effective August 1st, 2018. Their sales would be centered on making and selling baked donuts with specialty toppings. The initial term is for 3 years and 3 months with an option to renew for an additional 5 years. There are some renovations required to prepare the space for lease and also some time to set up the business. The attached lease will provide three months' rent free to offset the costs associated with establishing a new business. The lease document is standard and consistent with the leases granted to other tenants in the City Market. SERVICE AND FINANCIAL OUTCOMES The operation and presence of The Donut Queen within the City Market will add to the vitality offerings in the City's Uptown area. This Lease will generate revenue of approximately $12,000.00 per annum. 121 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of the City Market and Facility Management has provided input into the preparation of this report and the City's Legal Department has prepared the Lease Agreement. ATTACHMENT Lease Agreement with The Donut Queen Inc. LEASE StandardFornis of COnVcYances' Act, S.N.B. 1980, C. S-12, Q The parties to this lease are: The City of Saint John, havilig its City Hall 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, the 1,cssor,l -and- The and - The Donut Queen Inc., a body corporate, duly incorporated under the laws of the Province of New Brunswick, having its registered office at 54 Woolastook Drivc, Grand Bay- Welsford, N E5K IR2, doing business under the name and style "Tbe Donut "Lessee" Queen", the - "I'lle °`Rules and Regulations" attached hereto as Schedule "D" and the Folin attached hezcto as Schedule "D-1" form Part of this Lease, The Lessor leases to the Lessee the premises, described in Schedule "A" attached heretic oil the following conditions: Duration: Date of Commencement Date ofTerminatiom Payment Dates: Place of Payment 3 years and .1 months August 1, 2018 October 31, 2021 First day of each .and every month during the term hercofoommencing November 1, 2018 Cashier's ()fficc City Tiall Saint John, N1,3 This lease contains e covenants and conditions which are c4c". thattached and set out, in Schedule DATED,—,-----__, 2018, SIGNED, SEALED & DELIVERED THE CITY 01; SAINTJOHN in the presence of., I Mayor 'Common Clerk Common Council Resolutior., 'rhe Donut. Queen Inc. P And: 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17 No animals or birds shall be brought into the Leased Premises except as Permitted by the lease to which these rules and regulations are annexed, 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the: approval of tile Landlord. 19, The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in theparking areas, 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease, or otherwise, 21. The Tenant shall not keep or display any merchandise oil or otherwise obstruct adjacent to the Leased Premises, the common areas 21 The Tenant shall not use or Permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours, 23. 1 1 he Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc, to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand, 26 No solid dividers are to be placed between the top and bottom meat hook bars, 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so tile floor can be swept and washed down properly, 28. Covers are not to be placed over merchandise, oil stands without the prior approval of the Landlord. 29, Signage is to be in keeping with the historic character of the City Market and Must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials, Plastic, may be used provided that it looks like one of the acceptable materials. Internally-illm-ninatcd plastic: faced box signs will not be acceptable; Number of` Signs: Each tenancy will be Permitted one bench -top sign on each bench (71- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type-, Bench -top Signs: These signs are the preferred primary form of' signage. They tillistr be located Ito 2 inches above the top rail of the bench, and should display the business name. -['hey will consist of a 8" high by 6'-0" long narrow band of material with the lettering Printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two-sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide Only one per tenancy per aisle side shall be permitted as Business idontifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods ft)r sale, specials, etc. shall be, permitted. They may not exceed 8,5" x I I" ?n size, and must not excessively obscure the view through the bench between tile first and last rail above the bench. 'rhe Donut Queen Inc, doing business under the narne and style Tbc Donut Queen M MXER�� 1.01 1) efin i ti ons In this lease: a) "Additional Rent" means all and any monies required to be paid by tile, Lessee to the Lessor under or pursuant to the terms of this Lease, save Only for Grom Rent; b) "Architect" shall mean the architect from time to time named by the I-essor or at, the option of the, Lessor, the Lessor's general contractor An Architect any certificate provided by Ilie d called for by the terms of this Lease shall be Final and 1ajrl(jing ()it ills: parties hereto; "Commencement Date" means a date determined in accordance witli the provisiotls of. Section 2,03; d) "Common Areas" means those areas, facilities, utilities, improvements, CquiprTIC111 mid installations in the City Market which from time to tirne are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, t1tilities, improvements, equipment and installations which serve or are for the benefit of the (,,Ity Market whether or not located in, adjacent to or near the City Market and which MT designated from time to time by the Lessor as part of the C ommon Areas. Without limiting the generality of the foregoing, Common Areas inchi(les all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick-up stations, loading and related areas, pedestrian stair -ways, ramps, electrical, telephone, meter, valve, mechanical, 1, mail storage service ro and janitor morn fire and galleries, I , g preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central syst,cm for the Provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or set -vices located therein err related thereto as well as the structures housing installations, including brat 'lot lirmted io all open and enclosed malls, courts and arcades, public seating an(] set -vice areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalatol,s, elevators, public washrooms, Music systerns and any atrium seating/fire)(.] r court; e) "C.P.l." mearis, the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published.) publislied by Statistics (,'anacla (or by any successor thereof or any other governmental agency, including a provincial agency), - "Atrium Seating/Food Court" means those portions , of the Common Areas designated by the Lessor from time to time for use, in support of the operations of any group of"Prerniscs providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use, g) "HST" means harmonized sales taxes, value-added taxes, multi -stage taxes. InT si less transfer taxes or other similar taxes however they are characterized and any taxes I In lieu thereof-, h) "I'-fazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or an), other substances or materials that are declared or def-ined to be -W�m not Occupled by projections, Structures or columns, StrIlCtural' or non-structutalLWZI, and if the store front is recessed from the lease line, the area of' such recess for all putposes lies within the Rentable Area Of the Leased Premises. r) "Rentable Area of the City Market" means the area in square teel of" all rentable premises in the City Market set aside for leasing by the Lessor, from time to til -11c, except f()r arty occupancy as designated by tile Lessor for which there is no Gross Rcnt payable. Provided however that the Lessor shall �credit to Operating Costs any contributions received in respect of such Operating, Costs from the occupants of' any ot' tho, areas excluded from the Rentable Area Of the City Market in accordance with this det'ini I ,regoing excluded categories, the Rentable if the Leased Premises consists Of any of the fo -'iorlarte share, Provided further that in determining tile fraction that is the: I'CSSCC�s Propol tl( 11, Area of that category will be included in the Rentable Area of the City MaTket� ,$) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D""; 1) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, SaintJohn, Now Brunswick, as suchlands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; 11) "Taxes" means all duties, real property taxes, charges, assessments and payments, frOtn time to time levied, assessed or imposed upon the City Market or any pati thercofor ul-mil the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any, municipality or Other taxing authority as a result(')f the Lessee's late payments of any taxes or instalments thereof. For greater certainty 'Taxes" shall exclude any penalties or interest incurred by the, Lessor as a result Of its failure to pay Taxes in ,I timely manner, except Taxes shall include any interest In respect of a deferral of payment in accor(lajlcc� with sound accounting practices if Permlitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessol,; V) "Lessee" means the party named as Lessee in this Lease,- and w) fi,Lcrm" means the Period referred to in Section 2.03. 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part Of the Lessee, to be paid, observed and Performed, the Lessor demises and ]cases to the Lessee and t:ll(,, IresSee leases from the Lessor, the Leased Premises, The Leased Premises are Presently designated as Stall No. "2" (333 ft); and are shown oil Schedule "A" attached hereto, 1,02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle, the 1-cssec lo the Lisc In common with all others entitled thereto of the Common Areas, subJect, however, to the terins:and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed fi-Oln lillIC to time by tile Landlord. 2.03 Term of Lease TO HAVE AND '10 HOLD the Leased Premises for and during the term of Three. (3) years and Three (3) months to be computed from August Ist 2018 and fully to be completed and ended on October 31st, 2021 save as hereinafter provided for earlier termination. 2.04 Option to Renew The Lessee shall have the option to renew this Ir Case for a fut1her one (1) ter-ru of'five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Tenn. in the event that the Lessor and the Lessee do not agree on the then prevailing market rate, such rate may be determined by a single arbitrator appointed by the agreement between the Lessor and the lessee or pursuant to the Arbitration Act, I here shall be no Additional Rent payable under this Agreement, save and except monies to J -.)c paid under Article VI of this Lease, 3.02 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the dtie. date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage, point,, irl excess of the Prime Rate. 3.03 Deposit, The Lessor acknowledges receipt of, Zero Dollars ($00.0()) which it will apply towards tire, payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last months Gross Rent as compensation for any loss ot damage arising from the breach by the Lessee of any provisions, of this [.ease. This 1.19111, will riot he construed to limit the: Lessor's other rights under this Lease or at. law or to lirnit thearnouilt recoverable 1) the Lessor for damages in respect of breaches by the Lessee of this Lease, If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notificatio Lessor, Pay to the Lessor the amount required to reimburse it for , n 1,)y the the aTTIOUnts so applieel, Thc Lessor will notbe required to pay interest to the Lessee on any of the amounts paid to flIC, Lessor or retained by it, under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market, or any part thereof, whereupon the Lessor will immediately be discharged frorn any further liability with respect to the deposit, The Lessee will not assign or encumber its interest in the deposit except in connection with a Permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the Permitted Transferee as of the date of the Transfer, 3.04 Pre -Authorized Payments The Lessee shall participate in a pre -authorized. payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each I,,easc Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, it applicable, generally any amount payable Provisionally pursuant to the provisions of this Leaseon an estimated basis, The Lessor shall sign a form of application which is the same or similar to Schedule "D- I ", or as may be required by the Lessee's bank, credit union or other financial institution. MMUMMM, TAXES 4.01 Taxes Payable by the LCSSor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any partthereof' subject always to the provisions of this Lease regarding payment of yaxes by the Lessee. However, the Lessor may defer payment of` any such Taxes or defer compliance with any statute, law, by-law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such I'axes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set. -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which. may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the I ermi, together with interest on deferred payments; c), In any suit or proceeding of any kind or nature ansing Or growing Out of the failure oftb(, Lessee to keep any covenant contained in this Article, the certificate or w,rIg that the 1�axrece department, officer or bureau charged with collection of the Taxes, sljf,_)pt of' the assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other- charge was due; and payable as a lien or charge against the Leased Premises or that it has been Pat(] as ,;rich by the Lessor; UU I � I �A U It, enure 1 erm and a hv rules, regulations, by-laws, decisio b'de - all ns, directions, dues and assessments Of the Assoc a t jol'l. Such Association shall in no way affect the rights of the Lessor and any by-laws, rules and roguhation , s, of, suell Association shall at all times be subject to the prior approval ofthe Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the I": day of each month during the ]"Orril, CONDUCT OF BUSINFSS BY TENAN'T' 7.0:1 Use of 1,cased Premises a) 'The Leased Premises shall be used continuously, actively and diligently to,- 1l)c sole purpose of a specialty donut store serving ice cream, pretzels and deep fried donuts with a variety of specialty toppings not limited tO ice Cream, cereals, fried chicken, candy, chocolate, sugar and sugar type products. Also deep fried candy bars, cookie dough and cookies. Beveridge including coffee, tea, soft drinks, water, hot chocolate and milk. Donut Queen branded merchandise including but not liolited If' t -shirts, mugs and hats. The Lessee will not use, or permit or suffer the use ofthe Leased Premises or ary part thereof for any other business or purpose. ,. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name 11'1'11c Donut Queen" and will not change the advertised name of the business to be operated it, the ]-,ease(] Premises without the prior written consent of the Lesser. `The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. 'The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise sPOcificallY set out in this I.zasc to the contrary, nothing contained ill this; Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in tne, City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7,01; nor 00 prevent the Lessor from leasing, arly other - premises in the City Market to any other tenant(s) carrying on a business willcir is -i ii , 11 r i whole or in part to the business permitted to be carried on from the Leased Premise,, s rr I 1 to this Section 7,01. , pursu Iljj b) 'The Lessee acknowledges that its continued OCcliPancy of the Leased Premises, and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other ]cases therein, the efficient and economic Supply of services and utilities, and in the character and quality of other tenants in the City Market, The Lessee therefore covenants and agrees that throughout the 'Term it will occupy the entire Leased premises, comply strictly with the provisions of Section 7,01 and not vacate or abandon the L( TT Premises at any time during the Term. ased The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material elCulCnt inducing the Lessor to execute this Lease. The Lessee further agrees that 11 it vacates or abandons the Leased Premises or fails to so conduct its business thercin, or uses ot permits or suffers the use of the Leased Premises for any purpose not. specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will mirriediately become due and payable to the Lessor unless guaranteed to the satisfaction of the; Lessor, The Lessor will have the right, without prejudice to any other rights which if inay have under this Lease or at law, to obtain an in] I urv;iu . on requiring the Lessee to comply jifll the provisions of this Scciton 7.01(b). demand; L_L;b�Uu, payame as Additional Rent on 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the ]eased' Premises Or of which the Lessor has not approved, 'if the Lcsscc requires additional utility, electrical or mechanical facilities, the Lessor may in its sole, discretion if they are availablc, elect t() install them at the Lessee's expense and in accordance With plans, and .specifications to be approved in advance ill writing by the Lessor; M) riot bring upon the. Leased Premises any machinery, vqUIPITICTIt, Irftle or thing that by reason of its weight,sli zc.OT*'use„ might in the Opinion of the Lessor, acting T`CaSonably, damage the Leased Premises or overload the floors of the Leased Premises, Any suGll machinery, equipment, article or thing shall be subjectto removal by the Lessor without notice at any time and such removal shall be done and all damages as a result there(.)j, ,shall be trade good, in each case, at the cost of the Lessee, payable as Additional RCIII On demand; n) observe and comply with all federal, provincial or municipal laws pertaining to) or affecting the Leased Premises, the Lessee's, arse of the Leased Premises or the COMILICA Of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvement,,; of Or to the Leasecl Premises, and the regulations of any insurance underwriters in respect Of tile insurance maintained by the Lessor in respect Of the City Market, and carry out all modificatioln.,, to the Leased Premises and the Lessee's conduct of business or in use of the Lcas(,,cl Premises which may be required by any Stich authorities, 7.03 Prohibited Activities a) The Lessee acknowledges that it is only (me of manly tenants in the, City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole: b) r Fhe Lessor shall have the right to cause the Lessee to discontinlic, and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or tile supply of any service or the carrying on of any business, any of'which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not. directly related to the business set out in Section 7.01. The Lessee will not allow of any part of the Leased Premises for any of the following businesses or a. r cause file use ctivrties: i, the sale, of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; it. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; an auction, bulk sale (other than a bulk sale made to an assignee, or sublessee pursuant to a Permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising Or Selling procedures which would, Or any sale or business conduct or practice which, would, because of the merchandising methods or - quality of operation likely to be used, in either case in the Lessor's opinion, lend to lower the character of the City Market or harm or tend to harm the, business or reputation of the Lessor or reflect unfavourably on the City Market, the, Lessor or other tenants in the City Market or tend to confuse, doccive, mislead or be fraudulent to the public; tar a mail order business, save arid CXCePt for dul.se and maple, Products or a department store, junior department store or variety store. 7.04 Hazardous Substances 'rhe 'tenant covenants and agrees to utilize the [,,eased Premises and operate its business in a manner so that no Part of the Leased Premises or surrounding lands are, used to generate, manufacture, refine, treat, transport,, store, handle,, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by-law-, and regulations. Furtficr the I-CS'Sce: hereby covenants and agrees to indemnify, and save harmle.s� thf- T --1 +111111- C- . I . --- -- --- Ulu rremrses in good repair, rcasnablc wear and tear only excepted. Without limiting the generality -t-,,iscu,of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the I &ased Premises were in upon delivery Of Possession thereto under this Lease, reasonable wear and tear only, excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises, Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessorw ithout notice or obligation, to compensate the Lessee or to account tberefor. The Lessee's obligations toobserve or Perform this covenant shall survive the expiration or earlier termination of the Term of this Lease, 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thcreo,)f�, or filed against: is registered a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvement,�, Leased Premises. In flic by any person claiming by, through, under or against, the 1,ess 'e,e or its contractors or subcontracions, if such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge itt within five, (5) days after written notice from the Lessor, the Lessor May discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, tog administrative overhead charge of fifteen percent (15%) thereon, -ether with an 8-06 Rules and Regulations The I-essce will comply with the Rules and Regulations, 'I'lic lessor or I -eset the right from Ijj-ric to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule Or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non -observance or %1tolahOn of any of dic provisions of such Rules and Regulations by any other tenant of the City Marl<ct or of'the jerrns of, any other lease cif premises in the City Market and the Lessor shall be under no obligation to enforce any slic,11 Provisions All Rules and Regulations shall be enforced against tile Lessee in a non-discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair of cause jo I,, maintained and repaired, the structure of the City Market, including without limitation, the lbundati oils exterior weather walls, subfloor, roof, bearing walls and structural columns and beams Of tile City Market If, however, the Lessor is required to maintain or repair any structural portions or any Other portion of the' Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, Its, employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs fior making such maintenance or repairs, together with an administrative fee of fifteen percent (15%) of such costs. Notwithstanding Clause 8.07 above, the I -,andlord shall remove existing floor coverings and replace wit.11 commercial grade floor covering and shall also clean and paint the interior walls of Stall 5 on or June 15, 2018. before 8-08 Control of City Market by Lessor 'Che City Market and the Common Areas are at all times subJect to the exclusive control and management of the Lessor. Without limiting the generality cif the foregoing, the Lessor liars the right in it,,, control, management and operation of the City Market and by the establishment of' rules aild reglations and general Policies with respect to the operation of the City Market or any part thereof art all times throughout, the Term to construct, maintain and operate liglVing facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any Portion of the City Market to such extent as rnay in tile opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof" or the accrual of any rights to any third party or the public-, grant,, modify and terminate casements or other agreements pertaining to the use and maintenance of all or any part ofthe City Market; obstruct, or close off all or any part of the City Market for the purpose of maintenance, repaIT- or construction., employ all personnel, including supervisory personnel and managers ncc(,,ssar-y for the operation, maintenance and control of' the city m2rvef "A"11-uln jimils of at least Five MaJjjojj Dollars ($5,000,000,00) or such higher limits as the Lessor may reasonably require from t"' to time, This policy shall include: a) The City added as an Additional Insured b) Inclusive iii -nits for bodily injury and property damage; Personal injury liability-, d) Tenant's I-egal Liability-, e) Contractual Liability with respect to this Lease-, f) Premises, Property and Operations; 9) Completed Operations; h) A Cross Liability Claiuscry i) A Thirty (30) days written notico,, of Cancellation shall be given to the City of' Saint J01-111, iji. The Lessee shall also provide any other form of insurance as the Lessee or 111c, Lc sso, may reasonably require from time to time In form, in amounts and for Insurance risks against which a prudent tenant would instire, b) All policies shall be taken out with reputable and rCCOgnized insurers acceptable 10 the Lessor and shall be in a form satisfactory from time to time to the Lessor, "File Lessee agrecs, that certiftatc, of' insurance of each such insurance Policy Will be delivered to the Lessor as soon as practicable; after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change,, cancellation or termination thereof, c) The Lessee agrees that if the Lessee fails to take Out or keep an force ally such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Le,s,scc net rectify the situation irnmc . diately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect scIcli, insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the the LessoLessee undehto tr thie Lessor as Additional Rent without prejudice to any other right,,; and remedies of r s Lease. I 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the [.,eased Premises which shall cause any increase Of Premium for any insurance on the Leased Premises or the City Market, or any part ffiercoF above the rate for the least hazardous type of occupancy legally perinitteoi in the Leased Prern iscs if the [,cssce Is in default under this Section 9,02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the f,essee, ttl, Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in Writing by the Lessor, and if the Lessee shalt fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at i.ts option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in U1 to the date of such determination of the Lease, and together With an amount equal to the Gross Rent payable for a period of one ( I) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate„ shall be conclusive evidence of the several items and charges which make the fire insurance rate of' the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such tilines as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent, I,Cased F"Criuses art, untit Tor occupancy; 0i) time required to rebuild and/or repair or restore the [,eased Me Premiscs� completion of repairs. I and (iii) due 10-02 Total or Partial Destruction of City Market In the event that a substantial Portion Of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the Costs as estimated by tile Lessor of'repairing, res�orrng or rebuilding will exceed by, 5250,000 or more the proceeds of' insurance available tea the Lcsor, notwithstanding that the Leased Premises may be unaffected, or to the event the Lessor shall have time right, to be exercised by notice in writing delivered to the Lessee within sixty (60) day arid after said Occurrence, to elect to cancel and terminate this Lease. Upon the giving of" such notice �r(17 0 the Lessee, tjjc 'Term Of this Lease shall expire upon the third (3"') day after such notice is given, and the lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the I,MsOr collects tinder any rental uic(')Tne, insurance, 10.04 Expropriation Awards 'The Lessor and the Lessee will co-operate with each other if there is an expropriation of all Or pjrt of the Leased Premises or the City Market, so that cacti may receive the maximum award that it is entitle(I to at law. TO the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and thc Lessee wall assign to the Lessor any rights that it may have or acquire in respect Of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to till's intention. c wwflm� STA,rus STATEMENT, SUBORDINATION AND ATTORN14'fEN1' 11.04 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications, to this Lcase, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11-02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power' and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.0 1 which the Lessee shall have failed to sign and dcliver within fif1CC11 (15) days after the date of'a written request by the Lessor to execute such instruments wwua�� TRANSFERS, BY 1A:SSj',1,,, 12.01 Transfer Defined "Transfer- means, (i) an assignment, sale, conveyance, sublease, or other disposition of' this Lease or the Leased Premises, or any part of them or any interest in this Lease (Whether by operation of law Or otherwise), or in a partnership that is a Lessee under this Lease, (it) a mortgage, charge or debenture (floating Or other -wise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of' any interest in this Lease or of a partnership,, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing Of Possession of all or part of' the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition,, or by subscription of all or part of the corporate shares of the Lessee 01, all "affifiate" (as that term is defined on the date of this Lease tinder the Canada RusineSs Corporations Act) of the Lessee which results In a changv - Page Is - them from the I -eased Premises so that there would not in the event of such abandonment, sake or disposal be sufficient goods on the [,eased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re-enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the 'r ern shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, becorne forfeited and determined, and in every one of the cases above such accelerated Plent shall be recoverable by the I-essor in the same manner as the Rent hereby reserved and if Rerit were in arrears and the said option shall be deemed to have: been exercised if the Lessor or its agents given notice to the Lessee as provided for herein, 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perforin any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, performt or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the I..,essor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the Lessee to the I-essor on demand as Additional Rent, 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of'Rent at the time of the distress, 13-07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor frorn exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this [,ease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from tirne to time exercise any one or more of such rernedies independently or in combination. ARTICLE XIV MISCELLANEOUS 1.4.01 Ove rholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Tenri hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of., 1. one and one half (1 '/2) times the Gross Rent payable during the last month of the "Term; and 11. one -twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are: set forth in this Lease, except as to duration of Term, and any right of` renewal rnutatis mutandis, 14,02 Successors I'lus Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with, the heirs, CXeCULM, administrators and permitted successors and permitted, assigns of the Lessee,:. If there is more than one party named as Lessee, they are jointly and. severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a Waiver of'such term., covenant or condition or of anv subscouent hron,rh �f tl,,. . Pagt,, 20 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be:, shall be given in writing by the Lessor before same and shall be deemed to be effective, 1.4.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of'such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circurnstanco shall,, to any extent, be invalid or unenforceable, the remainder of this Lease aridJor the application of ,such teres, 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, coven -ant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee, 14,15 Time To Be of the Essence 'rime shall be of the essence of this Lease 1436 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment, 14.17 Riders and Schedules Schedules attached hereto forin part of this Lease, 14-18 Basemnent Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water andJor sewage may escape: from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee: acknowledges and agrees that it' it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee: hereby releases and indeninifies and saves harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines, -fly utms 712 Ben z STALL 2 Nome and Address of space: City Morket, Stales 2 & 3 ';ninf 'Injin y Q municipal. We hope that the form is self-explanatory, Nous esp6rons que cc formulaire est Clair, however, please call us if you have any questions. toutefois si vous avez des questions, n'h6sitez pas 6 nous, appeler. (506) 652-1960 (506) 652-1967 Please fill in and return this form to The City Veuillez remplir et retourner le pr6sent formulaire of Saint John. Billings and Collections, office au bureau de la facturation et de la perception with a VOR) cheque (for account verification de The City of Saint John avec un ch6que portant la I purposes), mention 4(ANNULE)> (aux fins de v6rification du compte). [.ewe, Je/nous, Name Nom : Address / Adresse Province lC Postal Code PostaCade City Ville: /Code postal AUTHORIZE AUTORISE/AUTORISONS The City of Saint John, The City of Saint John, P.O. Box 1971, Saint John, NB, E21, 4LI, C.P. 1971, Saint John, N. -B., E21, 4LI, to debit /our ace Account # / N' de compte: held at / de ]a succursale Branch Address Adresse de la succursale 'Transit: for the purpose of payment of Market rent aux fins do paiement mens,uel do lawyer do marchi payable monthly. municipal. VWe have read and understood the terms J'ai/nous aeons lu et compris les termes of this authorization. de la r6se te autorisation. Signature Date *Signature Date *Fo,rjoint accounts, all depositors must sign *En ce qui concerne les comptes conjoints, si plus if more than one signature is required on d'une signature est requise sur les cheques 6mis de ce cheques issued against the account, compte, tour les d6posants doivent signer, Note: If a copy of this completed form is required, Note: Si vous d6sirez obtenir une copic du pr6sent please inform our office. formulaire dftment rempli, veuillez en aviser notre bureau. "Please see over" ** Voir an Verso** ciate. I/We understand that termination of this authorization does not affect my/our obligation to pay for goods or services contracted for/with The City of Saint John, tremae (30) jours avant la date du prochain paiernent. Je comprends/nous comprenons que ]a r6siliation de cette autorisation n'a aucune incidence sur mon/notre obligation de payer les produits ou les services sous contrat pour ou avec The City of Saint John, My/Our financial institution will treat each debit as Mon/notre institution financifte traitera ch,aque if I/we had personally issued a written direction pr6l6vement bancaire comme si j'avais/nous avions authorizing The City of Saint John to debit the personnellement 6mis une directive 6crite autorisant The City amount (s) specified to my/our account and of Saint John A d6biter le(s) montant(s) d6termin6(s) de need not verify that payments are drawn in mon/notre compte et elle n'aura pas ii v6rifier que les accordance with this authorization. paiements sant per�us conform6ment A cette autorisation. I/We understand that any debits charged to my/our account will be re-imbursed if this debit was not drawn in accordance with this authorization; LJ this authorization has been -terminated; or U this debit was posted to the wrong account dueto invalidAncorrect account information supplied by the Billing & Collections office, The City of Saint John,_ by giving notice in writing to my/our branch of account within ninety (90) days of the debit to my/our account, The City of Saint John will charge $10.00 for each transaction returned for Non Sufficient Funds I/We acknowledge that delivery of this authorization to The City of Saint John constitutes delivery to my financial institution. I/We warrant that all persons whose signatures are required to sign up on this account have signed this authorization. ** Privacy ** The City of Saint John DOES NOT share or sell its client lists. Any information provided herein will be used only for the above -noted purpose, and for no other purpose. Your signature on this form is your authorization for The City of Saint John to record this information, If you have any questions about this statement, please do not hesitate to call 652-1960 or the City Solicitor's Office at (5 16) 658-2860. Je comprends/nous comprenons que tout, pr6l6vement bancaire de mon/notre compte sera rcmbourse si cc pr6l,evement n'a pas &6 effectu6 conform6ment, 'a cette autorisation ; cette autorisation a &6 rdsili6e ; on 01 cc pr6l&vement a U& effectu6 du mauvais compte en raison de renseignements sur le compte invalides on incorrects, fournis par le bureau de la facturation et de la laerception do The City of Saint John, en donnant un avis 6crit a ma/notre succursale bancaire, dans les quatre-vingt dix (90) jours suivant le retrait de mon/notre compte. The City of Saint John facturera 10 $ pour chaque transaction retourn6e en raison dinsuffisance de fonds. Je reconnais/nous reconnaissons qu'en,accordant cette autorisation a The City of Saint John, j e I'accorde/nous I'accordons A mon/notre institution financiere. Je garantis/nous garantissons que toutes les personnes dont la signature est requise sur cc compte ontsign6 la pr6sente autorisation. ** Protection de la vie prive'e- ** The: City of Saint John NE party pas et ne vend pas sa lisle de clients. Toute information fournie dans cc formulaire sera utilis6c uniquernent aux fins dderites ci-dessus. Votre signature sur cc formulaire repr6sente votre autorisation A cc que The City of Saint John enregistre Finformation qui y est contenue. Si vous aver des questions,a propos de cette affirmation, n'hdsitez pas a composer le 652-19,67 ou A tippler le bureau de Favocat municipal au (506) 658-2860. COUNCIL REPORT M&C No. 2018- 197 Report Date July 03, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Easement Acquisition — Gifford Road Portions of PIDs # 36657, 55109656,55109649,55185755,55185730,55185748,& 55024343 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author/ Dept. Head Deputy Commissioner / Commissioner City Manager Curtis Langille Ian Fogan /Kevin Fudge Jeff Trail RECOMMENDATION That Common Council adopt the following resolution: 1. That the City acquire easements for municipal services and temporary construction rights in portions of PID numbers 36657, 55109656, 55109649, 55185755, 55185730, 55185748, & 55024343, upon the terms and conditions set out in the Memorandum Of Agreement attached to M&C 2018-197; 2. That the City release its easements in portions of PIDs 36657, 55109656, 55109649, 55185755, 55185730, 55185748, & 55024343, upon the terms and conditions set out in the Memorandum of Agreement attached to M&C 2018 - 197; and, 3. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY An existing sanitary force -main from the Green Head Road/Dever Road area is in a deteriorated condition and requires replacement. The existing force -main will be de -commissioned and a new force -main is proposed to be constructed in proximity to, and parallel to an existing sanitary sewer. Investigation has revealed that: `191:3 -2- a) this existing sanitary sewer is not currently within any formal easement in favour of the City, and b) there exists an unused easement in favour of the City in and through another portion of these J.D. Irving et al land holdings. It is therefore proposed that: a) the City acquire one easement to contain both the existing sanitary sewer and the new sanitary force -main, and b) the unused easement in favour of the City be released back to J.D. Irving et al. Funding is approved in the Water & Sewerage Utility Fund Capital Program. The purpose of this report is to obtain Common Council's adoption of the aforementioned recommendations to acquire said land and easement. PREVIOUS RESOLUTION n/a STRATEGIC ALIGNMENT This report aligns with the Council Priority of Valued Service Delivery, by investing in sustainable City services and infrastructure. REPORT This project is anticipated to be completed in 2019. The cost of the proposed easement area required for this project will be the value of the new easement less the value of the existing /unused easement, specifically, $36,923.04 - $22,555.26 = $14,367.78 plus HST if applicable. In addition, there is a need to acquire temporary construction rights outside the proposed easement area for additional laydown/assembly area for this construction project. An additional value of $1,000.000 has been established for this temporary right. All of the aforementioned values were derived from a 2014 appraisal report prepared by deStetcher Appraisals on behalf of by the City, for the acquisition of land and easements from an adjacent landowner. SERVICE AND FINANCIAL OUTCOMES The acquisition of this real estate will enable the improvements to the sanitary sewer system. The acquisition of this real-estate totaling $15,367.78 will be financed from the Water & Sewerage Utility Fund Capital Program that has previously been approved by Council. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The following departments have provided input to this report: Saint John Water / Engineering City Solicitor's Office Growth and Community Development Finance and Administrative Services. ATTACHMENTS Memorandum of Agreement Document �s 16 w ro z w z a� za 2w x•. a aw W�LO aar crr � m .... o z> w a m " ,p J j SCI w. �.m,a aa.� �, 0 Twp uo m m ' �� x �vaa..a LT. ca wn I�w� �w, r. 0 _ z> 6 w UP Ll - a Li LL Z Wiz '— Do CL Z %i CL mz ir 02 Lai 31 w Al,l IIS /% 0 F- E I. w c3 a In r w Bala u 0vicaa 1 ® ao/ F 10, raw p� ��. w % •tit `�, � a Z � 4�*� Ltk 2925 ad� a t 3 o o a% -r cs avac7�� o z z so � z rc z w,ria%; ! �/ x w,�, rri W 4 ii p•- ul i r / a cwe� pwwtt Ewa amZ w aunun a 066 cnca uaoe- 0 z .-. .,.." - ~� 04 N 4 mz Ul V) u q — /��Jr Q C) -I r F,za o qrn z 6zun ° zz"n w �+ r wz� R wo '""- 'wudU err, :; m 2 N f � , �f, $moi' 410 co eau �a °1�'u� c� f I„ N :J9d M- -lu9w9sL-3 10 JOluleJ!D :918(] -sasodin,d paipoods aqj jol laoied paipoods eqj U� JO J9AO JUaWaSeG pagios-ap aqj ealuejb aqj ol sluejb joluejb aqj g elnpeqoS aaS :juqwqse3 10 weibel(j V alnp9L4oS aaS quawaseq jo sasodind V qnpaqoS 99S :IUGWGSB3 10 uoildijosaC] �lt, IZ3 9N'uq0rluWS �ML xOS'O'd os 19WA 19 � 6uppnq IIEH Al!:D'J00W ,g (a ll) uLior iums ;o Apo :jUawaseq 10 aglueJE) CAV IZ3 ON uqor mes LLL'S X09 'O'd iaajis uolun ooc Auedwoo Aeml!ell euieW pue uqor juieS CHP IZ3 ON "uqorlures LLL9 X09 'O'd i9ajis uolun ooc pol!wi-1 Au,edwoo Aemj!eM u.1041noS )joimsuniq mON CAV IZ3 ON 'UqOr luleS LLL9 X09 'O'd iaajis uolun ooc Pqj!LUIj IBUI,Aji "a,r luaw9se3 10 MIME) :IUGWGS83 Aq PaWGU99 19OJed 10 JGII!IUGPI IGOJed :juawase3 Aq pauaping 190Jed 10 J91109PI 190JE!di VZ 'S T�-TD U6 � "S, -N'S '13V SOPU Puy'? 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AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jennifer Brown Jaqueline Hamilton/Phil Ouellette Jeff Trail RECOMMENDATION That Common Council, 1. Assent to one or more subdivision plans, in one or more phases, in general accordance with the "Subdivision Plan Millidgeville Estates Subdivision, Lots 18-1,18-2 & 18-3 and Public Utility Easement" prepared by Hughes Surveys & Consultants Ltd dated February 15, 2018 respecting the laying out of a public street; 2. Accept money -in -lieu of Lands for Public Purposes for the aforesaid subdivision pursuant to Section 17 of the Subdivision By -Law; and 3. Authorize payment to Residential Investors & Developers Ltd in the amount of $655.73 in conjunction with the vesting of the public street as identified in the "Subdivision Plan Millidgeville Estates Subdivision, Lots 18-1,18-2 & 18-3 and Public Utility Easement" prepared by Hughes Surveys & Consultants Ltd dated February 15, 2018. EXECUTIVE SUMMARY On April 23, 2018 Council rezoned a parcel of land at 10, 20, 40 High Ridge Road from Future Development (FD) to One -Unit Residential (R1) to facilitate a three lot subdivision. A portion of High Ridge Road, an existing Public Street is located on the rezoned parcel. To resolve the City's encroachment onto private land, the existing street will be vested as a Public Street. Staff is recommending Council purchase the encroached parcel from the property owner for the same value as `P191 the required Lands for Public Purposes (LPP), effectively exempting the property owner from the LPP requirements under the City's Subdivision By-law. PREVIOUS RESOLUTION On April 23, 2018, Common Council resolved to amend Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10-40 High Ridge Road, also identified as a portion of PID Number 00050575 from Future Development (FD) to One -Unit Residential (R1), and that pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements, and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of the completion of the building; b. The owner/developer's engineering consultant must provide an engineered storm water drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No storm water is to be directed to adjacent lands without approval from that landowner; c. Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots; and d. The design of the sanitary sewer connections must be submitted to the City for review and approval. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. 151 -3 - STRATEGIC ALIGNMENT Not applicable. REPORT At their April 23, 2018 meeting, Council approved the rezoning of a portion of PID Number 00050575 from Future Development (FD) to One -Unit Residential (R1) to facilitate a three lot subdivision at 10, 20, 40 High Ridge Road. During the review of the application, it was discovered the public right-of-way encroached upon the parcel proposed for rezoning and subdivision. It was recommended the encroached parcel be vested with the City and the proposed subdivision be subject to money -in -lieu of Lands for Public Purposes. This report does not address the rezoning of the subject property as that component of the application has been approved by Council. This report serves to finalize the subdivision component of the application by addressing the Lands for Public Purposes requirement and the vesting of the parcel upon which the public right-of-way currently encroaches. There have been previous subdivision applications on the same parcel of land. On October 17, 1994, Council resolved to approve a 4 -lot subdivision on the subject site, including a Land for Public Purposes dedication of 683 square metres. A previous decision in May of 1994 gave tentative approval for a single lot adjacent to this proposal in which Council accepted money -in -lieu of Land for Public Purposes. The money -in -lieu was refunded to the applicant as part of the October 17, 1994 approval and was incorporated with the Land for Public Purposes dedication of 683 square metres. The tentative subdivision approval issued in October of 1994 was not acted upon and expired after six months. A review of historic property files dating back to the late 1960s shows the City's right-of-way encroaching upon the subject parcel. The encroachment is long standing and therefore appears as part of the right-of-way. Realigning High Ridge Road to correspond with the property line of the subject parcel is possible however the cost would be borne by the City. The amount of money -in -lieu of Land for Public Purposes was determined in accordance with Section 17 of the Subdivision By-law by evaluating the assessed value of the parcel of land to be subdivided accounting for the environmental and topographic constraints present on the parcel. The methodology, reviewed with the City's Real Estate Service Area, yielded a value of $655.73 as the `% -4 - required money -in -lieu in accordance with the provisions of the Subdivision By- law and Community Planning Act. In consultation with Real Estate Services Area and the City Solicitor, staff determined the most effective way for the City to acquire the parcel of land upon which the right-of-way encroaches was to compensate the landowner for the parcel. Using a common-sense approach and with agreement from the landowner, it was determined that the money -in -lieu for Lands for Public Purposes would equate to the value of the encroached parcel. As the Community Planning Act does not permit Council to provide exemptions to Lands for Public Purposes, the landowner has provided the City payment in the amount of $655.73. In return, it is recommended Council assent to the vesting of the encroached parcel with compensation to the landowner in the amount of $655.73. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was sought from the City's Real Estate division and from the City Solicitor's Office. ATTACHMENTS 1. Subdivision Drawing 2. PAC Recommendation Letter and Report fIW g5 � s OQ or 2 l \,\a. PUb��G See o\ d o o� E 6; a U O E Of Qa Q in o \`LO 3325 m h /V.Lo fY o.� O. `9 t � O � O A, v 0 a 49.65 to \ �\ T, J� � N+ �,\� E \ a� oca The City of Saint palet Date: To: From: For: SUBJECT Applicant: Owner: March 16, 2018 Planning Advisory Committee Growth & Community Planning Growth & Community Development Services Meeting of Tuesday, March 20, 2018 Hughes Surveys & Consultants Inc. Residential Investors and Developers Ltd Location: 10, 20, 40 High Ridge Road PID: 00050575 Plan Designation: Stable Residential Existing Zoning: Future Development (FD) Proposed Zoning: One -Unit Residential (1111) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, April 9, 2018. Page 1 of 8 155 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 SUMMARY The applicant is proposing to rezone a portion of a larger parcel of land to accommodate a 3 lot residential subdivision. Approval of the application is recommended with conditions related to site design, storm water management, and the location of accesses. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 11,315 square metres, located at 10, 20,40 High Ridge Road, also identified as being a portion of PID 00050575 from Future Development (FD) to One -Unit Residential (R1). 2. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b. The owner/developer's engineering consultant must provide an engineered storm drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No stormwater is to be directed to adjacent lands. c. Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. d. An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing Page 2 of 8 156 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e. No driveways are to be located so as to meet a street curve of an intersection. 3. That, should third reading be given to the proposed rezoning, Common Council: a) assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Tentative Plan Millidgeville Estates Subdivision, Lots 18-1,18-2 & 18-3 and Public Utility Easement Situate, High Ridge Road & Hill Heights Road, dated February 15, 2018, located at 10, 20, 40 High Ridge Road (part of PID 00050575), with respect to the vesting of the developed portion of High Ridge Road that is not currently a Public Street and any required municipal services easements subject to the following modifications: i) delineation of the required Public Street to be vested. b) rescind the assent given on October 17, 1994 assent to a 683 square metre parcel of Land for Public Purposes for the former subdivision proposal, and c) assent to money -in -lieu of Land for Public Purposes for the proposed subdivision. DECISION HISTORY On October 17, 1994, Council resolved to approve a 4 -lot subdivision, lots 94-3 to 94-6, on the subject site. This included a Land for Public Purposes dedication of 683 square metres along lot 94-6. A previous decision in May of 1994 gave tentative approval for a single lot, 94-2, in which Council accepted cash -in -lieu of Land for Public Purposes. The cash -in -lieu was refunded to the applicant as part of the October 17, 1994 approval and was incorporated with the Land for Public Purposes dedication of 683 square metres. The tentative subdivision approval issued in October of 1994 was not acted upon and expired after six months. At the time of application, the land was zoned "R -1A" One Family Residential. The land was rezoned to Future Development as a result of the ZoneSJ adoption process in 2014. ANALYSIS Proposal The applicant is proposing to subdivide the subject site from a larger parcel to facilitate the creation of 3 residential building lots. The current Future Development zoning will not Page 3 of 8 157 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 accommodate the proposal and therefore a rezoning is required. Due to the neighbourhood context, the applicant is requesting the subject site be rezoned to One -Unit Residential (R1). The subdivision application will be considered by the Development Officer upon an approved rezoning. Site and Neighbourhood The subject site is located at the corner of Crown Hill Crescent and High Ridge Road in the City's Millidgeville neighbourhood, to the east of Kennebecasis Drive. The north side of High Ridge Road is largely undeveloped between Crown Hill Crescent and Spruce Grove Terrace. The surrounding neighbourhood is characterized by low- to medium -density residential development. The subject site is undeveloped with evidence of clearing and filling at various parts of the site however, it does not appear any of the activity is recent. There are significant slopes in the area, with the subject site sloping away from the street significantly, terminating at a small watercourse. Municipal Plan and Rezoning Municipal Plan The subject site is designated Stable Residential in the Municipal Plan. The Stable Residential designation encourages housing of nearly every form and density and is intended for existing neighbourhoods approaching build -out. The proposal is consistent with Municipal Plan policies and is appropriate given the designation of the site. Zoning The subject site is zoned Future Development (FD). The intent of the Future Development zone is to preserve land that cannot be fully developed due to municipal limitations, for example, servicing or street limitations. High Ridge Road is fully serviced with water and sewer and the road is built to municipal standards. The proposed subdivision will continue the established residential neighbourhood pattern of the area. The proposed One -Unit Residential (R1) zoning will ensure adherence to the established pattern and is in keeping with the adjacent properties. Section 59 Conditions Due to proximity of the proposed subdivision to a watercourse, Staff recommends an engineered storm water drainage submission and an engineered design report indicating how storm water will be managed, be required. Additionally, no storm water is to be directed to adjacent lands and that private drainage easements must be provided for each lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. Page 4 of 8 158 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Staff also recommends conditions with respect to site design and infrastructure be imposed to ensure the City's standards are upheld. Subdivision The application requires consideration of two issues by the Committee and Council: consideration of money -in -lieu of land for public purposes (LPP), and assent to a developed portion of street that is located on private land. Lands for Public Purposes The City's Subdivision By-law states only land that is dedicated as a pedestrian walkway consistent with those identified in the Trails and Bikeways Strategic Plan, shall be received as LPP and in all other cases money -in -lieu should be considered in place of land. In addition to the direction offered by the Subdivision By-law, the City's recreational master plan, PlaySJ, provides Council the direction to consider money -in -lieu of LPP when possible as there is currently a larger number of public parks and playgrounds in Saint John than is needed for the target service -level to residents. The Plan suggests the quality of green spaces is more important than the quantity. The Subdivision By-law requires eight percent of the market value of the land to be provided to the City as money -in -lieu of LPP. As the Trails and Bikeways Strategic Plan does not designate a trail or walkway on the subject site, Staff recommend money -in -lieu in this instance. In this particular instance, assent was given to a 683 square metre area of Land for Public Purposes on October 17, 1994 for a previous subdivision proposal that was not developed and for which the approval of the Tentative Plan of Subdivision expired on April 19, 1995. The parcel of Land for Public Purposes was generally located along the northern boundary of the current proposed Lot 18-1 with an area of land adjacent to the watercourse to the rear of the lots. The Millidgeville Secondary Plan was in force at the time of the assent to the park area in 1994, which envisioned a linear park located along the watercourse. Given the Millidgeville Secondary Plan is no longer in effect (it was adopted as part of the former Municipal Plan and has been repealed upon adoption of the current Municipal Plan), and the City's shift in focus to money -in -lieu of Lands for Public Purposes, Staff recommend the following: 1. That Common Council rescind the assent given on October 17, 1994 to a 683 square metre parcel of Land for Public Purposes for the former subdivision proposal, and 2. That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed subdivision. Vesting of Public Street A portion of High Ridge Road exists on the privately owned land proposed for the subdivision. Air photos reveal that this section of road was constructed between 1967 and 1982. Given the Page 5 of 8 159 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Public Street exists on a portion of the privately owned site, Staff recommend the portion of the site where the existing built street is located be vested as a Public Street. Staff also recommend that Common Council assent to any required Municipal Services Easements for the proposed subdivision. Conclusion Staff supports the proposed rezoning to facilitate a 3 lot subdivision. The rezoning meets the intent of the Municipal Plan in is in keeping with the character of the surrounding neighbourhood. Section 59 conditions are recommended with respect to site design, storm water management, and access. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 9, 2018. The public hearing for the rezoning was advertised on the City's website beginning March 15,2018. SIGNATURES AND CONTACT Prepared: o� I,1 Jennifer Brown, BCD, MRM Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 8 160 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Contact: Jennifer Brown Phone: (506) 658-4528 E-mail: jennifer.brown@saintjohn.ca Project: 18-30 Page 7 of 8 161 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Topography Map 6: Site Photography Submission 1: Site Plan Page 8 of 8 162 0'. U) U) C: 0 06 U) U) (D III 3: � > \� %� § III,! $ C: § �m \Lo Cf) �O LO m p 0k U � e ® � � LO S tm Nt � c c s • c » 0 ca \ d a)o \ / ■ \ � e = '\ � \> 2 \ � ■ s � M oll 0 ,,,. fes. "d �.S �. `% .� I r,,;�r 61 �+, • !, .. �, The City of Saint John W-T-140MM WHEREAS: Horizon Health Network Public Health and community partners in the City of Saint John, County of St. John, Province of New Brunswick is concerned about the health of its citizens; and WHEREAS: it is estimated that between 500,000 and 600,000 people in Canada are living with hepatitis B and C and are at risk of developing cirrhosis, liver failure, liver cancer and non -liver related manifestations; and WHEREAS: Hepatitis C is the most commonly reported blood- borne infection in NB. WHEREAS: there are vaccines available for Hepatitis A and B; emerging Hepatitis C treatment therapies can cure nearly 95% of cases; and ® World Hepatitis Day provides an opportunity to reach out to millions of Canadians and encourage hepatitis testing, provide treatment and care for those affected while paving the way towards elimination of hepatitis as a public health concern in Canada by 2030. NOW- THEREFORE: I, or on Darling, of Saint John do hereby proclaim July 28, 2018 as Hepatitis Awareness Day 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. I m I t Ol e '" r ��o,................IF ��r�nt«nn �irnil�si�a ECI( �Diq�flAriv,;,VLfi( ""y� ■U I 1( U l�n�a<SSilli rfninuf�rrnJ�l��f �( no r c 4 r �2 Y141 m Go O N N Irm r.� 11 0 14W Go O N 11 O Z June 26, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning 237 Foster Thurston Drive On May 22, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 19, 2018 meeting. The City of Saint John. Tim Jones, the applicant, appeared before the Committee and was in agreement with the Staff Recommendation. Mr. Jones responded to questions from the Committee members related to the siting of the Forest School building with respect to watercourses and natural features on the site, the nature of the school, planned site improvements, and transportation of the students to the school. Mr, Jones noted the proposed building was not located within any wetland or watercourse setbacks and that the facility is licensed by the Provincial Department of Education and teaches the same curriculum as public schools. He noted that students are dropped off at the school in the morning by their parents and picked up by the parents at the end of the school day noting that the school is currently located at the Cherry Brook Zoo and that the existing school traffic would be redistributed to the new location. Committee members also questioned the impacts on the existing public use of the site, noting it was used for skiing, hiking and access to the Rockwood Park trail network. City Staff and the applicant noted the applicant is working with City Staff on the necessary insurance coverage for trail access. Responding to questions from the Committee related to the scale of the development and signage, the applicant noted the school would have between 40 and 45 students and would have a signage would be provided along Foster Thurston Drive. City Staff noted the traffic study was reviewed by the City's Traffic Engineer and no school zone signage was noted as a requirement to support the development. Page 1 of 3 192 Tim Jones 237 Foster Thurston June 26, 2018 Elizabeth Hendrick, an educator at the forest school, appeared before the Committee and provided an overview of the Forest School approach. Responding to questions from the Committee, Ms. Hendrick noted the focus is on small class sizes. Sarah Campbell, a mother of a Forest School student also appeared before the Committee in support if the application. Committee members questioned the applicant regarding the provision of a walkway from the barrier free spaces to the building. The applicant noted a contiguous paved path would be provided between the barrier free spaces and the wheelchair ramp. Responding to a question from the Committee regarding the avoidance of environmental and natural features on the site, the applicant noted the proposal has a minimal environmental footprint and that he has researched the environmental impact of the proposal on the development site. No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and presentation, the Committee adopted the Staff Recommendation presented in the report. RECOMMENDATION: That Common Council amend The City of Saint John Zoning By-law by: a. Adding the following to the list of other zones in Section 2.2: "Special Zone No. 3 SZ -3" b. Adding the following as Section 14.8: "14.8 Special Zone No. 3 (SZ -3) 14.8(1) Permitted Uses Any land, building or structure may be used for the purposes of and for no other purpose than, the following: • all uses permitted in subsection 14.5(1), subject to any applicable conditions contained in subsection 14.5(2). • School (K-8); 14.8(2) Zone Standards Standards for development in Special Zone 3 shall be as set out in subsection 14.5(3), and Parts 4 to 9 where this zone shall be considered a Rural (RU) zone. Page 2 of 3 193 Tim Jones 237 Foster Thurston June 26, 2018 2. That Common Council rezone a parcel of land having an area of approximately 55.48 hectares, 237 Foster Thurston Drive, also identified as PID No. 00052704, from Rural (RU) to Special Zone No. 3 (SZ -3). 3. That, pursuant to Section 59 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as PID No. 00052704, be subject to the following conditions: a) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features. The detailed site plan must accompany the application for the building permit. b) The developer shall prepare building elevation plans, subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, with these plans accompanying the application for the building permit. c) That as outlined in the Access Review prepared by Crandall Engineering and dated June 6, 2018 the clearing of 300 square metres of wooded area along the frontage of the property to the east of the proposed driveway, be completed prior to the issuance of the building permit for the proposed project. This clearing must be maintained by the developer to provide adequate sight distance. d) That the proposed driveway for the development incorporate an asphalt apron along the extent of the driveway between the edge of the existing pavement on Foster Thurston Drive and the existing edge of the right-of-way. e) That notwithstanding Paragraphs 4.1(2)(k) and 4.2(5)(b) of the Zoning By-law, the driveway and parking area can be surfaced with gravel with the exception of the area mentioned in condition d) and any required barrier free parking space(s) which must be surfaced with asphalt. Respectfully submitted, 'e Eric Falkjar Chair Attachments Page 3 of 3 194 The City of Sint John Date: June 15, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 19, 2018 SUBJECT Applicant: Owner: Location: Plan Designation: Existing Zoning: Proposed Zoning: Application Type: Jurisdiction: Tim Jones AND Sales Inc. 237 Foster Thurston Drive 00052704 Rural Resource Rural (RU) Special Zone No. 3 (SZ -3) Rezoning The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, July 9, 2018. Page 1 of 8 195 Tim Jones 237 Foster Thurston Drive June 15, 2018 SUMMARY The applicant has requested a rezoning to a site specific special zone that would allow for a forest school to be built on the site. Approval of the application is recommended subject to conditions relating to the site access and preparation of detailed site and building elevation plans for inclusion with the Building Permit application. RECOMMENDATION That Common Council amend The City of Saint John Zoning By-law by: a. Adding the following to the list of other zones in Section 2.2: "Special Zone No. 3 SZ -3" b. Adding the following as Section 14.8: "14.8 Special Zone No. 3 (SZ -3) 14.8(1) Permitted Uses Any land, building or structure may be used for the purposes of and for no other purpose than, the following: • all uses permitted in subsection 14.5(1), subject to any applicable conditions contained in subsection 14.5(2). • School (K-8); 14.8(2) Zone Standards Standards for development in Special Zone 3 shall be as set out in subsection 14.5(3), and Parts 4 to 9 where this zone shall be considered a Rural (RU) zone. 2. That Common Council rezone a parcel of land having an area of approximately 55.48 hectares, 237 Foster Thurston Drive, also identified as PID No. 00052704, from Rural (RU) to Special Zone No. 3 (SZ -3). 3. That, pursuant to Section 59 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as PID No. 00052704, be subject to the following conditions: a) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features. The detailed site plan must accompany the application for the building permit. Page 2 of 8 196 Tim Jones 237 Foster Thurston Drive June 15, 2018 b) The developer shall prepare building elevation plans, subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, with these plans accompanying the application for the building permit. c) That as outlined in the Access Review prepared by Crandall Engineering and dated June 6, 2018 the clearing of 300 square metres of wooded area along the frontage of the property to the east of the proposed driveway, be completed prior to the issuance of the building permit for the proposed project. This clearing must be maintained by the developer to provide adequate sight distance. d) That the proposed driveway for the development incorporate an asphalt apron along the extent of the driveway between the edge of the existing pavement on Foster Thurston Drive and the existing edge of the right-of-way. e) That notwithstanding Paragraphs 4.1(2)(k) and 4.2(5)(b) of the Zoning By-law, the driveway and parking area can be surfaced with gravel with the exception of the area mentioned in condition d) and any required barrier free parking space(s) which must be surfaced with asphalt. DECISION HISTORY On July 21, 1986 Common Council approved an amendment to the former Municipal Plan to remove the subject property from the Stage 1 (serviced development area) to the Unstaged (unserviced development) classification. Council also rezoned the property from "RF" Rural to "RR" One Family Rural Residential (former zoning by-law) to permit the development of a fifty- eight lot subdivision. Common Council gave the necessary assents to the subdivision, however only three lots fronting on Foster Thurston Drive were registered and developed over the course of the subdivision. At its February 11, 1997 meeting, the Committee approved a temporary use application to permit a wood harvesting operation for a period of one year subject to conditions relating to the harvesting operations. With the adoption of the current Municipal Plan and Zoning By-law in 2012 and 2015 respectively, the lands were designated Rural Resource and zoned Rural (RU) and subject to the current planning documents. ANALYSIS Proposal The applicant is proposing to rezone the property to allow for the development of a forest school (a private school) on the site, with an anticipated enrollment of 40 students, and is proposing a Page 3 of 8 197 Tim Jones 237 Foster Thurston Drive June 15, 2018 site specific special zone which would incorporate the uses permitted under the existing Rural zoning of the site and a school (K-8) as permitted uses in the special zone. Site and Neighbourhood The site is approximately 55.5 hectares in size and is undeveloped with elevations of the site ranging from 20 metres in the northeastern corner of the site to a plateau area in the central portion of the site which has elevations ranging between 60 and 63 metres. Approximately 100 metres of total frontage is provided at two locations along Foster Thurston Drive. The site abuts Rockwood Park to the south and west and three residential dwellings to the north which were developed on lots subdivided from the subject site in 1994. A towing yard, accessed from Ashburn Road, borders the site to the east. The site and surrounding area are generally zoned Rural (RU) with the City -held Rockwood Park lands zoned Park (P). Municipal Plan and Rezoning Municipal Plan The site and lands along the north side of Foster Thurston Drive are designated as Rural Resource on Schedule B — Future Land Use of the Municipal Plan. Land uses within this designation, which is applied outside of the Primary Development Area, are intended to preserve the rural character of the area and facilitate the continued use of these lands for resource related activities, where appropriate, and for limited residential and non -resource based land use development. Policy LU -95 of the Municipal Plan requires that lands within the Rural Resource Area designation generally remain in their natural state or subject to regulation and required approvals be used for appropriate resource uses. Policy LU -95 Create the Rural Resource Area designation on the Future Land Use map (Schedule 8). Council intends that land within the Rural Resource Area designation shall generally remain in their natural state, or, subject to regulation and required approvals, be used for appropriate resource uses including forestry operations, agriculture uses including livestock operations and the fishery, and extraction activities, including pits and quarries. Staff are of the opinion the proposal to rezone the site for a forest school meets the intent of the Municipal Plan as the nature of the forest school, being located within a forested environment with minimal disruption to the site, means that the site will largely remain in its natural state. Staff note that site work related to the development will include the creation of a driveway, construction of a building and limited tree clearing associated with trails and outdoor learning areas. This magnitude of site development would be comparable to that required to build a large single family dwelling on the site which is permitted under the Municipal Plan and Zoning By-law requirements. Page 4 of 8 198 Tim Jones 237 Foster Thurston Drive June 15, 2018 A key consideration for development in Rural Resource areas is compatibility with existing resource related uses such as aggregate extraction. With respect to the subject site, there are no existing resource extraction uses in the immediate area and the proposed use as a forest school would be a complimentary use to Rockwood Park, located to the south and west of the site. Policies within the Municipal Plan regarding schools largely relate to public schools developed by the Provincial Department of Education. Staff note that with respect to the location of schools, only educational facilities such as high schools and the New Brunswick Community College are required by the Municipal Plan to be located within a specific land use designation, Major Community Facilities. Zoning By-law Schools are defined as follows in the City's Zoning By-law: "school (K-8)" means a facility where students are taught the curriculum of one or more grade levels between kindergarten to eight in accordance with the Education Act, and may include before and after school programs and necessary accessory or secondary uses such as, but not limited to, administration, athletics, food, or library service. "school (9-12)"means a facility where students are taught the curriculum of one or more grade levels between nine to 12 in accordance with the Education Act, and may include before and after school programs and necessary accessory or secondary uses such as, but not limited to, administration, athletics, food, or library service. Currently schools serving Kindergarten to Grade 8 (school (K-8)) are permitted in both the Neighbourhood Community Facility (CFN) and Major Community Facility (CFM) zone with high schools (school (9-12)) permitted in the Major Community Facility (CFM) zone. The property is currently zoned Rural (RU) which does not allow for a school. A site specific zone is proposed in this instance as it would provide for the applicant's proposal for a private school (forest school), respond to the surrounding neighbourhood context, and retain the development potential provided through land uses currently permitted in the Rural (RU) zone such as a dwelling unit. One building, incorporating the design of a log home, is initially proposed that would be accessed via a 190 metre long gravel driveway. Water and sewer servicing for the proposed development will be provided via an on-site well and septic system. The proposed building will be required to meet the applicable standards of the National Building Code for the proposed occupancy. The proposed building location meets the required setbacks of the Rural (RU) zone on which the Special Zone will be based. The applicant has provided a traffic study prepared by a Professional Engineer which notes the traffic volume generated by the proposed development will have a negligible effect on traffic and roadway operations at the roadway/driveway intersection. As the use will be relocating from the Page 5 of 8 199 Tim Jones 237 Foster Thurston Drive June 15, 2018 Cherry Brook Zoo at 901 Foster Thurston Road, traffic accessing the site will be redistributed traffic on the City's roadway network and not new traffic. Available sight distance at the driveway/roadway intersection was also reviewed in the traffic study in accordance with the Geometric Design Guide for Canadian Roads (2017) utilizing a design speed of 70 kilometres/hour (km/hr) on Foster Thurston Drive. This is a conservative approach given the posted speed of 60 km/hr on this stretch of roadway. Based on the 70 km/hr design speed, an intersection sight distance of 150 metres is required for vehicles turning from the driveway. The available sight distance is summarized below: Sight Distance Summary — 237 Foster Thurston Drive Existing (measured) Required Sight Distance to East 134m 150m Sight Distance to West >200m 150m To achieve the required sight distance to the east, the clearing of 300 square metres of wooded area along the frontage of the property to the east of the proposed driveway, and maintenance of this new treeline is required. A Section 59 condition is recommended to require the tree removal outlined in the traffic impact study, prior to the issuance of the building permit for the proposed project. Given the rural nature of the site, the applicant is proposing a gravel driveway and parking area. This proposed design requires a reduction from the requirements of the Zoning By-law requiring a paved driveway and parking area. This is consistent with the approach taken in the approval of a parking area for a therapeutic equestrian facility at Red Head Road in 2015 in which the Committee varied the paving requirement to allow for the majority of the parking area to have a gravel surface. In addition, with respect to the current application, the majority of the 190 metre long driveway is not visible from the roadway. To prevent issues with gravel/stone being tracked onto the roadway Staff recommend the driveway apron be area be paved, consistent with the construction of other driveways along this section of Foster Thurston Drive. Recommended Section 59 conditions relating to driveway construction would provide for the following: • Provision of the gravel driveway and parking area with the exception of any required barrier free parking spaces. • Provision of an asphalt apron on the portion of the driveway that is located within the Public Street right-of-way between the existing edge of pavement on Foster Thurston Drive and right-of-way limits. This has been reviewed with Infrastructure Development staff to reduce the tracking of gravel driveway onto Foster Thurston Drive and is consistent with other driveways along this section of road. Section 59 conditions are also recommended requiring the preparation of detailed site and building elevation plans by the developer for inclusion with the building permit application. Page 6 of 8 200 Tim Jones 237 Foster Thurston Drive June 15, 2018 Staff recommend approval of the application with the proposed Section 59 conditions. Conclusion The applicant is proposing to construct a forest school (private school) in a rural area through a rezoning. The development is appropriate given the surrounding rural context and conforms to the Municipal Plan. Approval of the application is recommended with the suggested Section 59 conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed in the preparation of the report. ENGAGEMENT Proponent The proponent has indicated they have contacted the three adjacent residential landowners along Foster Thurston Drive. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 9, 2018. The public hearing for the rezoning was advertised on the City's website beginning on June 12, 2018. SIGNATURES AND CONTACT Prepared x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Project: 18-47 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 7 of 8 201 Tim Jones 237 Foster Thurston Drive June 15, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Topography Map 6: Site Photography Submission 1: Site Plan Submission 2: Building and Floor Plans Submission 3: Sight Distance Diagram Page 8 of 8 202 m IZ 70 CY) 0 N A "It,A � -Q� v ro4Ne cl C: 00 CD o CD LL CY) 0 N IN o LL ITEM 0 (0--) E p 11 III LM F- f -51 ,LL U. Irl - 1 III OF iBl.)VLV' VV LO 0 N V l"AllI C: 00 E o c Q ' .n , N Cl) -06 0- M C� LO 0 N e� e5 e� LL E � E s� � 5 C3 en � c c 0.0 21, ,V C: 00 E = 'r- 0 U) CU 2CU 14- 06 M 60 0- Q, 6111' 1y mP air°,✓, -500 ��l'Go�mM� �1ry1 alrY any, Y`77, ($' pA f r � � � � Qi to'✓ �, �u ,✓ c� 5 1 m i (D ✓ w �� ' QIU "1 ✓„,l` d f i° m. AlJ a y i✓ ,dam „ J, �° ° D q� � ✓ „ 1' ✓' co O ✓"�✓�� N 0 d ,W q� v ✓ .. r CL m ^ A m a I J 1 r " ^ r 4 ,. ., ., ✓�a �� 4 6.a✓.:. r f v° �, ✓�� '°' y LL VV r »o „ �. N. , 9 CL Y a� t?V a d v�Jgal, rel %h a „ N �L O L� r U) O LL C O co N O) co C O N U) O N a� �L O L L� r U) O LL O co co c O U) O I F. a� �L O U) L� r U) O LL O co co c O 4-- U) O F. 0 0 N 0 0 M X 0 (sm, t r, oi 0 a] -,0 0 X U3 C6 cd CI' Cr] Cia I cc 0 U I � I OZ L , 0q -, ,,-,. 0 CD U3 a Vaulted Ceiling cnca 0 X 0 X. 0 c6 cco rD O. OJ cQ M, co . I 00 co 0 00 0 0 M X 0 (sm, t r, oi 0 a] -,0 0 X U3 C6 cd CI' Cr] Cia I cc 0 U I � I OZ L , 0q -, ,,-,. .Z? PID 52704 23 ............ ............ ............ ............ ............ ............ ............ 24 ............................ I'll ......................................................... / A, ... ...... .. .......... 25 14: 0 0 U) ......... ...... .. 15 Parking (Includinq, C:�:n\ "100,,,Rete How does the City of Saint John Benefit from our Forest School? Economic Growth for the City: Since opening Tir Na Nog Forest School in Saint John we have hired 6 full-time specialized teachers to meet the demand for our programming. These highly educated individuals are living in our uptown core and have come from Calgary, Labrador and Toronto to be part of this progressive education movement. You are invited to view the profiles of these educators online on our website at www.tirnanogforestschool.com. Our Forest School programs have experienced significant growth since we began in 2013 with a class of 10 children. Our current enrollment exceeds 100 children within our program offerings. Tir na nOg is the first and only licensed Forest School in Atlantic Canada. We are currently operating at three locations in Southern NB (Saint John, Quispamsis and Sussex) and we expect continued growth over the next 10 years that will bring more economic spinoffs for the City of Saint John. The new location at PID#00052704 will become the headquarters of Tir na nOg and will house a Forest School Elementary program. This location will also serve as the Model Schoolhouse for other communities. It will be the national training site for our Forest School Practitioner Certification programs and will draw people from across Canada for training and development. These initiatives will bring economic wins to the City of Saint John through job creation and tourism. Recruiting Families from around the Globe - First Class Early Childhood Education Programs act as Recruitment Incentive: Several prominent companies within our City have made Tir Na nOg Forest School a first stop when selling the quality of life in Saint John to prospective leaders for their organizations. Our facilities are presented as a unique educational opportunity for their children and to date, all families that have explored our schools have accepted positions in Saint John and registered their children in our programs. The Saint John location also acts as a hub for our local communities. We have families traveling from Grand Manan, St. Martin's and Browns Flat to participate in our programs. International Visibility for the City: Our recruitment efforts have brought us resumes from as far away as Victoria, British Columbia, New Mexico, US and London, England. The Forest School initiative is putting Saint John on the map around the world as an emergent leader in Outdoor Education. National Media Attention: Tir na nOg Forest School has been featured in many news publications such as MacLean's Magazine, Saltscapes Magazine, CBC News as well as local newspapers and radio features. PAIN The Province of New Brunswick has also spotlighted our Saint John Forest School location as part of their NBPlays and Recreation NB Initiatives. Our current location, situated within Rockwood Park at the Cherry Brook Zoo was highlighted as the gold standard for outdoor recreation, education and conservation awareness for children. The Province of NB commissioned a professional film company (Terry Kelly Productions) to capture the essence of our Forest School. We strongly encourage you to view these films of your park at www.tirnanogforestschool.com. Tir na nOg's placement in a public park has put Saint John at center stage of the Forest School movement that is gaining momentum all across Canada. This development will be perceived as very progressive and will give Saint John boasting rights to the unique experiences with Nature and Education available to children in this area. Health & Wellness Partnerships - Atlantic Canada: Tir na nOg has been commissioned to do a presentation on the benefits of Forest School for the Provinces of PEI and NB Department of Education and Public Health. Tir na nOg also works with Community Partners to encourage and facilitate opportunities for connections with Nature through Seminars, Tradeshows and Community Events. There is growing interest within Atlantic Canada to bring this program to other areas. The expansion of our programs and the set up of our Model School will create an economic opportunity as people come from all over to learn, observe and experience Forest School first hand. Ph F-11 I Ph to.] WIIIWOR4 01jW41VjW'f eq -10M -W -W AMENDMENT I R Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday July 9, 2018 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as PID No. 00052704, from Rural (RU) to a special zone that would permit a private school in addition to the uses currently permitted in the RU zone. "O�" le do"10 RQ M" x v I X W & RU 1'ro I � V 0.1 9 F " W, 07 W_ IM VARRETE DE ZONAGE THURSTON Par les pr6sentes, un avis public est donn6 par 1equel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante A I'Arr&6 de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conscil le lundi 9 fillet 2018 A 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 55,48 hectares, situ6e au 237, promenade Foster Thurston, et portant le NID 00052704, de zone rurale (RU) A une zone s16ciale qui . I permettrait une 6cole privee en plus des usages actuellement autoris6s dans la zone RU, F A REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit a private school. Permettre une 6cole prive'e. 220 The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Toute personne int6ress6e peat examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a Fh6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a Pattention du soussign6 a Fh6tel de ville. If you require French services for a Common Si vous avez besoin des services en franrais pour Council meeting, please contact the office of the une r6union de Conseil Communal, veuillez Common Clerk. contactor le bureau du greffier communal. Jonathan Taylor, Common Clerk 658-2862 221 Jonathan Taylor, Greffier communal 658-2862 F'1_ /, RIROFIE) ZONVIViG mmVti,,.AW II II IV Ii[XI EIN111 IR.E:: 237 Fos'rER IrHIUR.S III ON 113R.1VE 12 -Jun -2018 RE. 237 FOSTER THURSTON DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday July 9, 2018 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as PID No. 00052704, from Rural (RU) to a special zone that would permit a private school in addition to the uses currently permitted in the RU zone. i 6 REASON FOR CHANGE: To permit a private school. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Cornmon Clerk 658-2862 222 http://www. sainti ohn. ca/en/home/news/publicnotices/community-planning/proposed-zoni... 03/07/2018 2 2 ^4 Z z N IIERITAGEAREA. Y N INTENSIFUMONAREk Y N FLOOD RISK AREA- Y/N APPROVED GRADING PLAN: Y/N m 14 E opyl mm PRESENT USE. PROPOSED USE: BUILDING PLANNING iNFRAsTRuauRE "'T HERITAGE LOPMENT r r w11HERSTAGEINFILL EICHIrCIMIMMUMSTAWARDS ION OMER ; OTHER Y W"% 9 thk wmwim a Afft "firw to s a f e de c q ri;&aatsr jean to debt m m1 mg mmm I srra* , thr ftWnvkm it Ai ked aer 9W ee*A•h it mvi%wv see delker the pmgmm 8 aefa°are. Vakst rMwvd to & see by Sow. 6w Cit' of.wia JtAR Mil ami It6we grams permw Ow ksd eq f w oard&r#AS 484 iqfiwmt,4m as 6e hrftmmO am MrUwwtpXase9 A4t'A od dw R&gba he tqkvm&n &-d ftoecramme of prhmm r Al. Tarr jgewfa osms of lwylkog re •d Ow r ofperxmd hprmwWt pkaw rodw the Ae eesa A N t city Had mdfax lk,att 15 AfivAclm e ,A7PF l Ln r .s- lam 223 Section 39 Amendment Fie] Zoning By-law Amendment Zoning By-law Amendment with Senke Few. $2,5W Service Fee., S2,6W a Municipal Plan Amendment Service Fee: $3,;500 DETAILED DESCRIPTION OF APPLICATION V*ae applicable, indicate the changes to e)dstiw Section 39 conditions zoning, or Munidoal g' I'l—, preliminary proposal and a Pre -Application Meeting is encouraged prior to seelting approval. Please contactibe One -Stop Development Shop at (506) 658-2911 for further information. M777% ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecling the land. eg FAUTHORIZiAii6N As of the date of this application, 1, the undersigned, am the registered owner of the, land described in this application or the to provide any clitional information that will be necessary for this application. Ri4mWred Owner or Authorized Agent Additional Registered Owner [iat Date supI ort of 1his application will becorne pad of the public record. 224 :C 01 it-: CIL 15 11 i 11 cf10 T am o have hired 6 full-time specialized teachers to meet the demand for our programming. These highly educated individuals are living in our uptown core and have come from Calgary, Labrador and Toronto to be part of this progressive education movement. You are invited to view the profiles of these educators online on our website at www.tirnan1o&Lgf g, 01.com. .............. 47 fff I i prograllisliaTe experiencea significant growtn since we began in Du with a class of 10 children. Our current enrollment exceeds 100 children within our program offerings. Tir na nOg is the first and only licensed Forest School in Atlantic Canada. We are currently operating at three locations in Southern NB (Saint John, and we ex ect continued growth nvoretp vpvt 1 in ve7m_t�uqt uAll The new location at PID#00052704 will become the headquarters of Tir na nOg and will house a Forest School Elementary program. This location will also serve as the Model Schoolhouse for other communities. It will be the national training site for our Forest School Practitioner Certification programs and will draw people from across Canada for training and development. These initiatives will bring economic wins to the City of Saint John through job creation and tourism. Programs act as Recruitment Incentive: Several prominent companies within our City have made Tir Na nOg Forest School a first stop when selling the quality of life in Saint John to prospective leaders for their organizations. Our facilities are presented as a unique educational opportunity for their children and to date, all families that have explored our schools have accepted positions in Saint John and registered their children in our programs, I � 0. L"VA VJ % ri� IP I T -MTE T I - 11, 1 -e-- -4 rf � I � J. 76W r from as far away as Victoria, British Columbia, New Mexico, US and London, England. The Forest School initiative is putting Saint John on the map around the world as an emergent leader in Outdoor Education. newspapers and radio features. 225 The Province of New Brunswick has also spotlighted our Saint John Forest School location as part of their NBPlays and Recreation NB Initiatives. Our current location, situated within Rockwood Park at the Cherry Brook Zoo was highlighted as the gold standard for outdoor recreation, education and conservation awareness for children. The Province of NB commissioned a professional film company (Terry Kelly Productions) to capture the essence of our Forest School. We strongly encourage you to view these films of your park atwwwa.tirn) fbrestschootxom. ............... - Tir na nOg's placement in a public park has put Saint John at center stage of the Forest School movement that is gaining momentum all across Canada. This development will be perceived as very progressive and will give Saint John boasting rights to the unique experiences with Nature and Education available to children in this area. Health & Wellness Partnerships - Atlantic Canada: Tir na nOg has been commissioned to do a presentation on the benefits of Forest School for the Provinces of PEI and NB Department of Education and Public Health. Tir na nOg also works with Community Partners to encourage and facilitate opportunities for connections with Nature through Seminars, Tradeshows and Community Events. There is growing interest within Atlantic Canada to bring this program to other areas. The expansion of our programs and the set up of our Model School will create an economic opportunity as people come from all over to learn, observe and experience Forest School first hand. 226 227 228 I, Y /y1//�� /i �, / %%//�j � y r%/� �� ' �� /i ,��iarrriiiir�/ /iii %%�� /�/� �(' ,,,�// ///�//,�/ /,,� j /� %� // �� if � � �r(r r � � �� <<�n„� a '+� �” ( r � �r�fr � r �® � � i �� i � � ,,, /� � � r u �l�l(1/Illlfll UI�JIIJ/00/ �Qi � -, / / / Yi i� � , /�� i iii ii J // �� 1�r � r i nti, �, ve �� N �� r %// %/� y/%///////////////////%%I//� I r/�J / ;,, r rt �" / „ v w,y � ��MW � l I ii/il� � """" � �� / 9�l/%t/l%/%/%//f �/SFr �� / � 1 ,,, ; //// ////�/ / � i � � �� „ i/ � ," " " ///iii/i/ / �/ �l �� i � � / l �// ��//�/� � r�% � �a �%�%/�%///%/%%/6 +� � � ��%/ %1 ��// / // � i %��%%%////%%%��%i /��iiii/i /ii� � �' �, //ii////�/��%%%iii ////i/i�� iii ji///�ji��/�� ,f% i ii�/��f/%/�/ f%�O//%%iii//%� N N c� N �v I "A ac 'ON 133 55 31.111 133H5 N (Y) N -• M Tim • I recently measured the stopping sight distances at the above location. The measurements were taken in accordance with the guidelines set forth in the New Brunswick Department of Transportation and Infrastructure (NBDTI); "A Guideline to t Minimum Standards for the Construction of Subdivision Roads & Streets". The NBDTI Guide requires that a stopping sight distance for a residential driveway be measured using a driver eye height of 1.05 metres and an object height of 0.38 metres. The stopping sight distance measurement is taken at a position where the object can clear be seen without looking beyond the outside edge of the road shoulder. I Foster Thurston Drive, in this vicinity, is a 60 kmph zone. TABLE All 1.1 in the Guidelines sets the required stopping distance for 60 kmph to be a minimum of 85 metres. east. -The present line of sight from the shoulder of the road at the proposed driveway location and over the ditch line is 125 metres± (Distance #3 on Photo 2). - At present a car travelling west and stopped to turn into the proposed driveway can seen from a distance of 140 metres± looking over the ditch line (Distance #4 • Photo Photos 1, 2 and 3 form part of this report. Please do not hesitate to contact me should you have any questions regarding this • 235 236 kw - Mr. Tim Jones (And Sales Inc.) 180 Ragged Point Road Saint John, N8 E2K 5C4 &TLEN'nON: Mr- Tim JonLes Forest School Access Review Saint John, New Brunswick Mr. '11m, Jones Crandali File: 182,10 June 6. 20-18 Page I of 7 Per our recent discussions, we understand that you are planning to relocate the Forest School, currently located at 901 Foster Thurston Drive, to a new facility on PID 52704, further east on Foster Thurston Drive. Crandall Engineering has been retained to complIete a sight distance analysis along Foster Thurston Drive to determine suitability for access into these lands. Our methodology and results are documented Wow. AREA OF INTEREST The proposed access itocation along Foster Thurston Drive was the subject of this analysis and is shown in Figure 1, attached. The land includes 115m of frontage along Fouster Thurston Drive. The access location was evaluated to determine adequate sight distance. ROADWAY CHARACTERISTICS Foster Thurston Drive is a municipal minor arterial roadway that is situated in rolling terrain with t4anesand a rural cross-section. Foster Thurston Drive provides access to single family homes and futher west it connects vdth Sandy Point Road which provides access to the University of New BrunsMck and Saint John Regional ftpitat. Foster Thurston Drive carries traffic vOlumeS of 7,000 vehicles per day and has a speed limit of 60 km/h. 237 CrandaR EnVwering Lad, 077 Lain' S^ 31' -J �VX&T, St. `64 Sufte V10 5-mp N�3 V4,nuum, NP Came!, E'E IC� S 14B V,2V Fe-a°r"'n. Ma Els Te450*1857-2177 "brat Nv,� NY.i 4 ',4C-; FAC 01L% 857 -Mo Fm_ 237 Mr. Tim Jones Crandall Ffle, 18210 ,Juin e 6, 2018 Page 2 of 7 Table I - Traffic Generation for the Proposed Developrnent ME= Etementary,School (LU #520) AM Peak Hi ur .............. rip PM Peak Hour Size......... . . .... ... . ....... I Ota Tn out otal sn Out rot 40 IFF12 '17 3 4 students SIGHIT DISTANCE A14ALYSIS MrTHODOLOGY The sight distance analysis was completed using Ow guidetines set forth in the Trans portationAssociation of Canada (Y'AQ's " m Geoetric Design Guide for Canadian Roads (2017)". 1"o reirnain conservative, 10 km/h was added to the posted speed finvit on Foster Thurston Drive to better refit t cuirren't operating, speeds. Therefore, a design speed of 70 km/h was selected for this analysis. 'rfiiie TAC Guide provides minimurn intersection sight distances for various ty peW� . pes of private and public accesses baser on design s , The "I" AC Gtgide requires that 'I 50m of intprsection sight distAnce be provided for vehicles turning teff and 130m or intersection sioit distance for vehjc�es turning right onto a roadway. These sight distances are based on the premise that an approaching velhicie drxn not need to slow down to less than 70% of its operating speed to allow a vehicte to enter. This sight distances appty for, a passenger car turning onto a two lane highway with no median. .1:. he'TAC GiAde i,ises a driver eye height of 1.05m ar-W ain Object height of 1.30m whien measuring g intersection sen, fent distance. In summary the foRowing criteria were applied in this anatysis: 1"able 2 - Sight Chistance Criteria OW . L;H)_L11_1C1 Tl r . .......... 130m Location of Approaching Vehide di'_f _MW �c6iiwfi_rll—of ro- 'a'dw,wil-y- A—cc e,-; s - — - -- 4.4m from edge of lane, centred on act'.'ess Sieht distance was measured by a combinati(xi of fletd observation methods and aerial maprAng. Measured sight distances are shown in Figure I � As summarized in Table 3, 107 Vcmkst, ck�,fqv 8�,.d IMNmt,4 Wc��Mpsl, VA Pr,,rxK Wt e JIM I'D It, ftnctan H8 CarwJ3 EIT 40 -app m. b, -h ,. NP E71r A115 Fr-,1,k,v,Cassa, sib F16 Ob?,777 6 T#.,,:, f'.On, 41 - 44,k Fw,. 6(wc 657- 3 F"U'r 606R 6 oSVr 857�7�.J 238 Mr, Tim Jones CrandaU File: 18210 AAA e 6, 2018 Page 3 of 7 the existing sight distance to the east was measured at 134m white the sight distance to the West is more than 200m. Although 134 rn of intersect -ion sight distance is suitable for a design speed of 64 km/h, which exceeds the speed limit, it is assumed that operating speeds on Foster Thurston Drive are closer to 70 km/h. A sight distance of 150#n to the east can be achieved by tree ctearing along the property line, as derrion strated in Fligure 1. R is estimated that 3W square metres of clearing wouW be requined. 'The vertical profile of the roadway poses no restrictions to the desired sight distance. Table 3 - Sight Distance Measurement Summary Existing SD70 Required or De5re'd �D M kj 7 m1h Distai2c tto the East 13 .4m ()m 2 No des Y�e t --ds Rf 6 kulih T- �rr Si ht., Distance to the West >zoom uit n—t —hp'i i e-1 d—.1 3 4 —m—o f Fn t —er s Wc-- i T6 —n';, i g —ht d fS t d I I C I s P or ee h. 150m of sight distance ran be achieved with tree clearing, The photos In Figure 2 and Figure 3, attached, show Vicoon along FosterThurston Nive to the east and west, respectively, Based on the sight distance analysis at the proposed development access, it was deterrnined that the desired intersection sight distance Of 150m for a 70 krn/h design Wed is exceeded to the west on Foster Thurston Drive and achievable to the east with 300 square rne-tres of tree clearing aloin g the owner's property tine. The new treetine witt need to be maintained, Traffic volumes generated by the proposed Forest School facility will he tow and witi, be shifted from the existing Forest School access at Cherry Brook Zoo. Operational impacts will be negligible. CranddU EnSinf�Pfir,9 ICU rj Pioi, W,3640.', T" xA V Sq.mv 4,0 smre W.1 sa,rr W,! k1ACTZM, N8 Cmwdo CA 444 sxnt jr,"n 45 F.2t. R, rel. 606� e`7�,2777 T�,t,I Faw: OA8 FaA OU'P 03 315r4 239 Mr., "Tim Jones Cranda(I Fite: 18210 June 6. 20,18 Page 4 of 7 Please do not hesitate to contact n -w should you have any questions regarding these findings. CRANDALL ENGINEFROIG LTD. Peter Allaby, R.Eng, Transportation Lead Q.167,10- 00,,L-%AdmiviReports�Letter-Forkk School Access Review �OI&X-06.docx 240 CrandaH Engnper oonR j Id 17? N'W' 5�' Gpaynv 81"d 19, Pmrwce� W�4- f" st W4 Fm4ea 5,- Suxe 40C,, 'ad"N E 4C9 Sa—lq hono US E2k,. a, TO: 0V'61 957-,�,7Ye Tr t, 606, O9 5 ,'? TV'� L 45U t 45'44� Fw q�t6j 91�7'2'7 "j F4W N'X6 69i-32!�j rpn 6DFt el'V-2P�Ij 240 WNn ce M 0 M 1 Mr. Tim Jones CrandaR File. 18210 June 6, 2018 Pape 6 of '7 FIGURE 2 - FACING EAST ON FOSTER THURSTON DRIVE Ciwid&0 Engifteewing L.td, i 77 WA, st, Govige Blvj, a 13 Ruvcv Wkwn z- 'M Po 4"v, t t Swt400 swzp 733 Su Nt. UP Mohct0q, NIB Canada ElE 4C9 Sara M WP NS rA M Fr +c Jnrp, 49 IL16 kPlj TO. 000 SVW71 're" 006o 693-56'x3 OM5� 45 44'10 Fm 15ftl 8517<2753 F' k. #%-'I Fv 242 Mr. Tfvn Jones Crandall File: 18210 June 6, 2018 a. Page 7 of 7 FIGURE 3 FACING WEST ON F'05°rER ' rHURSYON DRIVE 243 Cranda" Ewlggneednv, U& '077 bDat, S,,, Ctfcjq, st, 191 "S Cnade EE 40, 'San lt -mh, NB Ei, M, Cb E$p -q.j, Tel 1506i 694-583. 'At' 0 Tax: ;,,r rob OhMl 3150 , Far'... ftf,� gwqm 243 BY-LAW NUMBER C.P. III- ARRRA No C.P. III- A LAW TO AMEND ARRtTt MODIFIANT L'ARRfETt DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: Lors d!une r6union du conseil communal, The City of Saint John a d6cr&6 cc qui suit : The Zoning By-law of The City of L'aff8t6 sur le zonage de The Ci Saint John enacted on the fifteenth day of of Saint John, d6cr&6 le quinze (I December, A.D. 2014, is amended by: d6cembre 2014, est modifi6 par: 1. Adding the following to the list of 1. L'adjonction de 1'616ment suivant A Other zones in Section 2.2: liste d'Autres zones d'article 2.2 : "Special Zone No. 3 SZ -3" << Zone sp6ciale n' 3 SZ -3 >> go "Is 11M., "14.8 Special Zone No. 3 (SZ-3) 14.8(1) Permitted Uses Any land, building or structure may be used for the purposes of and for no other purpose than, the following: • all uses permitted in subsection 14.5(1), subject to any applicable conditions contained in subsection 14.5(2). • School (K-8); 14.8(2) Zone Standards Standards for development in Special Zone 3 shall be as set out in subsection 14.5(3), and Parts 4 to 9 where this zone shall be considered a Rural (RU) zone. 3. Rezoning a parcel of land with an area of approximately 55.48 hectares, located at 237 Foster Thurston Drive, also identified as being PID 00052704, from Rural (RU) to Special Zone No. 3 (SZ -3). - all as shown on the plan attached hereto and forming part of this by-law, OLI. L'adlionction de Particle 14.8 qui se lit comme suit: << 14.8 Zone sp6ciale n"3 (S 3) 14.8(1) Usages permis Les terrains, bdtiments et constructions ne peuvent etre affectds qu'aux fins suivantes : • taus les usages que permet le paragraphe 14.5(1), sous reserve es conditions applicables pr6vues au paragraphe 14.5(2); • 6cole (matemelle A la huiti6me ann6e); 14.8(2) Nornies applicables A la zone Les normes d'amdnagement dans la zone sp6ciale ri° 3 doivent etre conformes aux dispositions de paragraphe 14.5(3) et des parties 4 A 9, et la zone en question doit etre consider6e en tant que zone rurale (RU).>> 3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 55,48 hectares, situ6e au 237, promenade Foster Thurston, et portant le NID 00052704, de zone rurale (RU) A zone sp6ciale ii° 3 (SZ -3) - toutes les modifications sant indiqu&es sur le plan ci-joint et font partie du pr6sent arr&& IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2018 and signed by: Mayor/Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2018, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxi&me lecture Third Reading - Troisieme lecture 1-40 ll��S, ,,, uM 0 4iN rrrrrrr....rrrrrrr....rrrrrrrrrr..rrrrrrrrrr..rrrrrrrrrr.. u IVM W�M1µ �Y'A ,Rd Yrc r Irc y� mr rrr F ni �N I V ' k,� .� rN.e nA•-d4 �.UrVlr cud, g : on. I 4 u+ ti HHEI N ry bW b -77 1v oil M FU FP il III... six ,asAll HOW �l c 11111111 _ ow W, al. QL 0 nn� 13 nW W m O QL 0 L QL C: 00 -C t- o , C) Ca un Cc Sob 0 0 Luo 0 > Y 0 low M 20 LL. CNA Ise. oil M vc 40, NMI 0 # NO c c S 40 C, to 40 IC sm to in 40 0 40 n rr" . ......... - T rr" � W� /LL f� vi. yr,� f 2 C7» C5 V rM -0 .. 0 :tl F��.� LZ (D 0 B �l ol �f w Imp a 40 v L lmN w c 0 NMI 0 c 0 NMI NMI Mal •� to v ■0 O V ■O �, CL__ p _ = vLO O ■— �_ O � = v > _ p ._ IN. W L CL 0 CL U) MIMMEM x 0 .� N 'N x 13 (1) _ M V N �J cn m Go O N N 11 0 14W 4 O c Im 1)LANNING ADVISORYI"'F June 26, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 59 Amendment 357 Dufferin Row On May 22, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 19, 2018 meeting. Robert van Marion and Susanne Ketelaar, the applicants, appeared before the Committee and expressed agreement with the Staff Recommendation. The City of Saint John. The applicants responded to questions from the Committee relating to the type of business conducted at the business office, staffing levels and parking, noting they are engaged in business consulting and that the initial staffing would be 6 employees with plans to expand to 10 employees. Mr. van Marion noted there is sufficient parking on site and no changes will be made to the site. Committee members notes signage would be subject to the provisions of the Zoning By-law, with the applicant noting this was reviewed with Planning Staff. No other persons appeared before the Committee and one letters was received in support of the application. After considering the report, presentation and letter, the Committee adopted the Staff Recommendation presented in the report. RECOMMENDATION: That Common Council amend the Section 59 conditions imposed on May 21, 1988 and amended on May 15, 1989 and April 15, 2002 for the parcel of land with an area of approximately 2532 square metres, located at 357 Dufferin Row, also identified as PID No. 00394726 by deleting the existing Section 59 conditions. Page 1 of 2 268 Susanne Ketelaar and Robert van Marion 357 Dufferin Row June 26, 2018 2. That, pursuant to Section 59 of the Community Planning Act, the use of the parcel of land having an area of approximately 2532 square metres, located at 357 Dufferin Row, also identified as PID No. 00394726, be subject to the following condition: a) That the following General Commercial (CG) Zone uses not be permitted: • Banquet Hall; • Bar, Lounge, or Nightclub, subject to paragraph 11.7(3)(a); • Contractor Service, Household; • Community Centre; • Health and Fitness Facility; • Health Services Laboratory; • Private Club; • Recreational Vehicle Sales and Service, Small; • Recycling Bins; • Service Station, subject to paragraph 11.7(3)(d); • Technical or Vocational School; • Vehicle Repair Garage, subject to paragraph 11.7(3)(e); • Vehicle Sales, Incidental; • Vehicle Sales and Leasing, Existing; b) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features. The detailed site plan must accompany the application for the building permit. c) The developer shall prepare building elevation plans, subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, with these plans accompanying the application for the building permit. d) The existing landscaped area, approximately 1.5 meters in width, adjacent to the on-site parking area and property line with the adjacent property (PID 00383364) be maintained. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 269 The City of Sint John Date: June 15, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, June 19, 2018 SUBJECT Applicant: Owner: Location: .s Plan Designation; Existing Zoning: Application Type: Jurisdiction: Suzanne Ketelaar and Robert van Marion Suzanne Ketelaar and Robert van Marion 357 Dufferin Row 00394726 Stable Residential General Commercial (CG) Section 59 Amendment The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, July 9, 2018. Page 1 of 9 270 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 SUMMARY The applicant is seeking to rescind the existing Section 59 conditions on the property at 357 Dufferin Row to allow for the future use of the property as a resident and business office. The property is zoned General Commercial (CG), however the Section 59 conditions imposed on May 21, 1988 and amended on May 15, 1989 and April 15, 2002 limit the use of the property to an inn with dining facilities with a seating capacity of 30 persons. Approval of the application to rescind the Section 59 conditions limiting the use is recommended with additional conditions relating to the retention of landscaping and plans to be submitted with the building permit application. RECOMMENDATION That Common Council amend the Section 59 conditions imposed on May 21, 1988 and amended on May 15, 1989 and April 15, 2002 for the parcel of land with an area of approximately 2532 square metres, located at 357 Dufferin Row, also identified as PID No. 00394726 by deleting the existing Section 59 conditions. 2. That, pursuant to Section 59 of the Community Planning Act, the use of the parcel of land having an area of approximately 2532 square metres, located at 357 Dufferin Row, also identified as PID No. 00394726, be subject to the following condition: a) That the following General Commercial (CG) Zone uses not be permitted: • Banquet Hall; • Bar, Lounge, or Nightclub, subject to paragraph 11.7(3)(a); • Contractor Service, Household; • Community Centre; • Health and Fitness Facility; • Health Services Laboratory; • Private Club; • Recreational Vehicle Sales and Service, Small; • Recycling Bins; • Service Station, subject to paragraph 11.7(3)(d); • Technical or Vocational School; • Vehicle Repair Garage, subject to paragraph 11.7(3)(e); • Vehicle Sales, Incidental; • Vehicle Sales and Leasing, Existing; b) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, Page 2 of 9 271 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 exterior lighting, landscaped areas and other site features. The detailed site plan must accompany the application for the building permit. c) The developer shall prepare building elevation plans, subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, with these plans accompanying the application for the building permit. d) The existing landscaped area, approximately 1.5 meters in width, adjacent to the on- site parking area and property line with the adjacent property (PID 00383364) be maintained. DECISION HISTORY On April 25, 1988 Common Council rezoned the site from "R-2" One and Two Family Residential to "B-2" General Business subject to the following Section 59 conditions: a) The use if the property be limited to a funeral home with not more than four parlours. b) The property be developed and maintained in accordance with the applicant's proposal, except that concrete curbs are to be used in lieu of, wood curbs, as approved by the Planning Advisory Committee. c) All work necessary to complete the property in accordance with condition (b) to be completed before November 1, 1988. These conditions were amended on May 15, 1989 by Common Council to read as follows: a) The use of the property be limited to an inn with dining facilities to accommodate no more than 30 seats. b) The property be developed and maintained in accordance with a site plan approved by the Development Officer to include landscaping and a paved parking area with concrete curbs and adequate drainage to accommodate at least 18 cars. c) All work necessary to complete the property in accordance with condition (b) to be completed by September 15, 1989. On April 15, 2002 Common Council amended the Section 59 conditions to permit the previously existing inn to be expanded as proposed including additional guest suites, spa and demonstration kitchen, subject to the following additional conditions: a) The proposed outdoor whirlpool shall be walled or fenced to prevent uncontrolled access from the street or from adjacent properties, and such wall or fence shall not be less than 1.5 metres nor more than 1.9 metres in height and shall be maintained in good condition with gate and lock; b) The proponent must install the required continuous cast -in-place concrete curbing around the perimeter of the parking lot in conjunction with the proposed expansion of the inn. Page 3 of 9 272 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 ANALYSIS Proposal The applicant is proposing to utilize the existing building as a business office for an information technology firm and dwelling unit, with the applicant living in the dwelling unit. Site and Neighbourhood The site is located on the City's west side in an older residential neighbourhood of mainly one and two unit dwellings. The parcel is a rather large lot with a frontage of 39 metres and depth of 63 metres for an area of 2532 square metres. It contains a three storey house that was previously used as an inn and restaurant along with an accessory building and paved parking area. . Assumption Church is located across the street from the subject site and is zoned Neighbourhood Community Facility (CFN). Properties on the block of the subject site are zoned Two -Unit Residential (R2), Low -Rise Residential (RL) and Local Commercial (CL) and contain a mix of low density residential dwellings and a group home. Municipal Plan and Zoning Municipal Plan The neighbourhood of the site is designated as Stable Residential in the Municipal Plan. Stable Residential areas include existing built -out neighbourhoods in the City which have the potential to accommodate additional development at a scale and density consistent with the surrounding context. Compatible uses permitted in these areas, without amendment to the Municipal Plan, include convenience stores, home occupations, parks, and community facilities which are permitted in the designation. Policy LU -88 provides criteria for evaluating redevelopment in Stable Residential areas. Compliance of the proposal with these criteria is summarized below: Requirement Response Page 4 of 9 273 The proposal contributes positively to the existing residential environment by reusing an existing building. Land use is desirable and The proposed business office and dwelling unit would a contributes positively to the have a reduced impact on the surrounding neighbourhood neighbourhood as it is a less intense use than the past uses which existed on the site (inn/ restaurant and funeral parlour). The proposal is compatible with the existing neighbourhood in terms of both use and residential b Compatible with surrounding density. The surrounding land uses are predominantly land uses residential and the applicant will be converting portion of the building to a residential dwelling unit. The proposed office is also compatible as the surrounding residential Page 4 of 9 273 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 area is permitted to have a business office as a home occupation. While the applicant's proposal will have more employees than that permitted in a home occupation (5 non-resident employees compared to 2 for a home occupation), the proposal represents a reduced intensification of commercial use when compared with past uses on the site. Necessary water/wastewater services, parks and recreational services, schools, public transit The site is serviced and is located in close proximity to c and other community facilities schools, parks and a transit route. and protective services can be readily and adequately provided Property is identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct majority of new residential development to Primary Centres, Local Centres, and Intensification Areas The proposal involves the introduction of one new dwelling unit and a limited office use. Based on the assessment of the proposal with respect to Policy LU -88, Staff are of the opinion the proposal conforms to the intent of the Municipal Plan. Zoning The site is zoned General Commercial (CG) with its use limited to an inn with dining facilities to accommodate no more than 30 seats. Staff support the applicant's request to amend the Section 59 conditions to allow for a dwelling unit and business office on the site as these uses are within the context of the surrounding neighbourhood. Consistent with past applications to amend Section 59 conditions related to the use of propriety. Staff have reviewed the list of permitted uses in the underlying General Commercial (CG) zone to identify potential land uses that could occur on the site with minimal impact on the surrounding residential neighbourhood. Staff have identified the following uses, permitted in the General Commercial (CG) zone, as being compatible with the surrounding residential neighbourhood: Page 5 of 9 274 Site design features incorporate The proposal involves interior renovations to an existing or address safe access, building. Should changes to the building or site be d buffering, landscaping, site required in the future, a Section 59 provision has been grading and stormwater included in staffs recommendation to require a site plan management for any site improvements and building elevation drawings for any renovations to the building. Building design is of a high quality and consistent with Building elevations will be required for approval during e Urban Design principles in the the building permit approval stage. municipal plan Property is identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct majority of new residential development to Primary Centres, Local Centres, and Intensification Areas The proposal involves the introduction of one new dwelling unit and a limited office use. Based on the assessment of the proposal with respect to Policy LU -88, Staff are of the opinion the proposal conforms to the intent of the Municipal Plan. Zoning The site is zoned General Commercial (CG) with its use limited to an inn with dining facilities to accommodate no more than 30 seats. Staff support the applicant's request to amend the Section 59 conditions to allow for a dwelling unit and business office on the site as these uses are within the context of the surrounding neighbourhood. Consistent with past applications to amend Section 59 conditions related to the use of propriety. Staff have reviewed the list of permitted uses in the underlying General Commercial (CG) zone to identify potential land uses that could occur on the site with minimal impact on the surrounding residential neighbourhood. Staff have identified the following uses, permitted in the General Commercial (CG) zone, as being compatible with the surrounding residential neighbourhood: Page 5 of 9 274 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row • Accommodation; • Artist or Craftsperson Studio; • Bakery; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 1 • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Home Occupation; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; 7(3)(c); • Retail, General; June 15, 2018 • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14 • Veterinary Clinic Staff note that the above uses are compatible commercial uses for a residential area as most of these uses are permitted in the Local Commercial zone, a lower intensity commercial zone, envisioned for predominantly residential areas. Staff note past planning approvals for the site identified accommodation and a funeral service as permitted uses on this site, providing compatibility with the adjacent neighbourhood. Based on this approach, the following uses in the General Commercial (CG) zone would not be permitted on the site: • Banquet Hall; • Bar, Lounge, or Nightclub, subject to paragraph 11.7(3)(a); • Contractor Service, Household; • Community Centre; • Health and Fitness Facility; • Health Services Laboratory; • Private Club; • Recreational Vehicle Sales and Service, Small; • Recycling Bins; • Service Station, subject to paragraph 11.7(3)(d); • Technical or Vocational School; • Vehicle Repair Garage, subject to paragraph 11.7(3)(e); • Vehicle Sales, Incidental; • Vehicle Sales and Leasing, Existing; Staff recommend a Section 59 condition excluding these uses from the list of permitted uses on the site. Section 59 conditions are also recommended requiring the preparation of detailed site and building elevation plans by the developer for inclusion with the building permit application. Past section 59 conditions have required the provision of concrete curbing around the parking area with the intent of this condition being to retain the existing landscaped area between the Page 6 of 9 275 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 parking area and the property located to the southwest at 365 Dufferin Row. Staff note this landscaped area measures approximately 1.5, metres in width and incorporates concrete wheel stops to prevent vehicles from driving on the landscaped area. A Section 59 condition is recommended requiring the existing width of this landscaped area to be retained. This would provide a separation between the existing parking area and adjacent residential property and provide the ability for the applicant to make landscaping improvements to this area. Conclusion The applicant is seeking an amendment to the Section 59 conditions limiting the existing use of the property to allow for its redevelopment as a business office and dwelling unit. Approval of the application, with recommended Section 59 conditions, is recommended as the request conforms to the Municipal Plan. ALTERNATIVES AND OTHER CONSIDERATIONS A possible alternative for Committee or Council consideration would be to limit the permitted uses on the site to a business office and dwelling unit or reduce the scope of the recommended permitted uses. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on June 8, 2018. The public hearing for the rezoning was advertised on the City's website beginning on June 12, 2018. SIGNATURES AND CONTACT Prepared: Katelyn Davis, EIT Development and Research Coordinator Reviewed: x1d Mark Reade, P.Eng., MCIP, RPP Senior Planner Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 7 of 9 276 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 Contact: Katelyn Davis Phone: (506) 658-4446 E-mail: katelyn.davis@saintjohn.ca Project: 18-075 Page 8 of 9 277 Suzanne Ketelaar, Robert van Marion 357 Dufferin Row June 15, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Elevation and Floor Plans Page 9 of 9 278 41,4& C: 00 -E,r- 0 CU CU U) 2 14- 06 M I 41,e& O N c., 0 Q61, 4� IYD 4✓0 f .- 2 0 c.� 0 2 76 76 O cra f .- 0 76 76 a) a) D� D� a) a) c� c� 0 v 0 m " a) T w, 0 E a au)) () E D b CD � LL f .- I co N L 0 Y L 0 0 U) 0 \0 I U) 0 \0 I (D =-KN O 0 0 D O N >- z z� S SL N O � z � U�1 Q X S 1U N Ox" <� ocfl cl- \ o � N 9 Of � O O O v�n (D O � � � � � � O O O °I�` �I- Flo O O O O O � + � + � + SCOTT A., BRITTAIN, B.A., LL.B., LLX 365 Dufferin Row Saint John, New Brunswick E2M 2J7 Cefl u I ar 50,61 651 616 7 E�ma4� scottbhttain7a@gmafl,com PNanning Advisory Committee The City of Saint John Growth & Community Development Services P-0, Box '1971, Saint John, New Brunswick EL 4LI VIA HAND DELIVERY Dear Chairperson and Members of the Committee; Re: Section 59 Amendment - 357 Dufferin Row (the "Property") 1 287 xi' Scott A. Brittain Owner, 365 Dufferin Row W-11-11 RE: 357 DUFFERIN ROW Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on M1,11'dag�z_jn4&9_ 2018 at 6:30 p.m., by: the property located at 357 Dufferin Row also identified as a portion of PED No. anien'e' May 15, '989 a VV0 71t / 4 U u U AL 1 1989 a April 15, 2002, to permit a revised proposal. I tj IT.0 I Par les pr6sentes, un avis public est donnn6 p lequel le conseil communal de The City of Sai John indique son intention d'6tudier modification suivante A I'Arr&6 de zonage de Tj City of Saint John, lors de la r6union ordinaire se tiendra dans la salle du conscil le lundi, juillet 2018 A 18 W Modification des conditions impos6es en vertu de I'article 59, le 21 mai 1988, relativement an rezonage de la proprik6 situ&e au 357, rang Dufferin, et portant le N11) 0039417/205, et mod1116 le 15 mai 1989 et le 15 avril 2002 pour permettre la pr6sentation d'une proposition r6vis6e. 11EASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit redevelopment of the site. Permettre le re'ame'nagement du site, W-116.1 as 11EASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit redevelopment of the site. Permettre le re'ame'nagement du site, W-116.1 � . MAWWRORWAAM" interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 Monday through Friday, inclusive, holidays excepted. to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. 658-2862 Toute personne int6ress6e pent examiner le projet de modification au_biiu_�au J-11-greffligr au. bureau du service de la croissance et du d6velop4ement communautaire A I'h6tel de ville situ6 au 15, Market Square, A Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections an projet de modification par dcrit A Pattention du soussign6 A Ph6tel de ville. Si vous avez besoin des services en franqais pour une r6uni1,n de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communi 658-2862 P40-191 PROPOSED SECTION 59 AMENDMENT RE: 357 DUFFERIN ROW I Saint John Pagel of (P SAINT JOHN PIROPOSE1113 SEcrrON 59 AMENDMENTRE: 357 DUFFERIN ROW 12 -Jun -2018 PROPOSED SECTION 59 AMENDMENT RE, 357 DUFFERIN ROW Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 9, 2018 at 6:30 p.m., by: Amending the Section 59 conditions imposed on the May 21, 1.988, rezoning of the property located at 357 Dufferin Row, also identified as a portion of PID No. 00394726, and amended May 15, 1989 and April 15, 2002, to permit a revised proposal. REASON FOR CHANGE: To permit redevelopment of the site. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658-2862 • 1 ommunity-planning/proposed-secti... 03/07/2018 57 OqFlEaW 26 aVIC f1DRESS HERITAGEAREA: Y/N INTENFAMCAMONAREk LOOKAIR Ye FDRISEA: Y JCR,� APPROVED GMI,NG PLAW Y/N APPUCAMON-M DATERECFIVWED, ILA 41 L"I", RECEIVED BY: APPUCANT EMAIL SkA t4 N U-0 PHONE mw HARfolhj 194614NO H MAI IJ NG ADDRESS POSTAL CODE 35 7 0,44eel W Rovq elm CONTRACTOR EMAIL PHONE 6 2-100 NN: MAKINGADDRESS POSTALCODE 16 V�Lkt%A5-M-C'el Uppep-<.)o1rAeyi&ft\j& OWNER EMAIL PHONE ISP*AC- hs AppLie'ApjT NG ADDRESS POSTAL CODE PRE%NTUSE: JIACAO—,. PROPOSED USE: OFFf C 12/1"1 WINING, INFRASTRUCrUIRE ,HEM*Ak [] lwmoR ReNownciN L -j NEW CONSTRUCTION OVAROANCE 0sTREvTExcAvwnON HER11TAGE DEVELOPMENT 0 EXTEMOR RE VATMCESSORY BLDG 0 PLANNING LETTER OnRIVEWAYCLILVERT 0 HERITAGE SIGN E) ADDITION 0 POOL OPACAPPLICATION [31DRAINAGE 0 HERITAGEINFILL 00 0 DECK 0 DEMOU-nom COUNCIL APP WATER & SEWERAGE mrrmcowo 0 CHANGE OF USE 0 sir.N 0SUBDIVISION OT14ER 0 OTHER lr rlMINIMUMSTANDAR DS [j OTHLR OOTNER F) U consent to the City of Saint fohn sending tome commercial 0ectranic messages, froirn time to time, regarding City initiatives and incentives. Gow"# fh's soak amnxbB.oxr e.. kw'x V4k'fwdw'*'&e b" Ph "'m 4 &,"ps)"ba go Jeloye an 'uvm'! pr"gmpn th"dw, emp"a hmned go shar " huh " Nr- "an V"'Joiwep fh,' prjvraw se"w" Odo,, nvoyred p" J" ga A!y lm . A,, / '0 q! Saw dip d/ gulf 4;Pwe wor rol-MP , ,#kmmomm vuhm) dpirdpoq� .beh'ny krr n%PM" 1h, kpral YBA tBq f— —14-ch"'r th. oo"—wf". 'V A, k &e 44# sep lnfc.w2 iwmn wad Proffeceum "f J"Ywej 2' e f -or iverk P mAwynow-A yp qurum, #V$JftbffR e& On' f1fdffteUfJ#hg hth Floor- 15: furki.tiffewre Sung 3ohn, Vft f'21 11,N fhe unden.k4nevj. hereby oro,y fo7 Me cerrriff5[ or cpprcvoi(5;, artdocated ClbovP lot lh& WOM dc-Wrbed on plans. sutrnssioni and formi nc,�rewth sulorhIn4tred. . upokatior'a fhc�udes W o-elpvarjf ac,-- Lonentation 'wegoey for fhe waiial for peanilfsl or t ogeee ?o crmply with the ptars, wpocificok'"i Ord furtoor aqroo la ccrrip "y With 00 rejeVant ("ity By-fand condkhbnl§ "'np%ea "BY ,ubrnalir'o a pCrf"if appf'r--000y". Rite aporkam gror.".s parr rnioklry 7o City nspectos fo timer Phv, land- bvudfm or promises at w rewvia�� Arrws !V7 the pirpme! of con anwecfianfsf associotecl with Me 7 AopkanP Vgnoture Orale Ne -N, hop Council Application BOV616ph"I"'Out S GROVV7 rR Land for Public Purposes Release f Service Fee: $Z600 1Section 39 Amendment Non -Conforming Use Service Feea 5200 10 Zoning Byaw Amendment Service Fee: S2,500 ElSatisfactory Servicing Service Fee: $200 71 Zoning By-law Amendment with Li a Municipal Plan Amendment Service Fee: S3,500 to provide any additional information that will be necessary for this application, Date Date support of this application vWll become part of the public record. 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J-1--1 LO (7) N a I THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law respecting Fees for Fire Protection Services in The City of Saint John By-law Number M-34.1 An uncertified copy of this by-law is available online P"001 Arrete concernant les droits associes aux services de protection contre les incendies de The City of Saint John Arrete numero M-34.1 Une copie non certifiee de 1'arrete est disponible en ligase -2 - [MM Page 3 3 4 5 6 TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article D6signation Recitals Preambule 1 Title 3 1 Titre 2 Definitions 3 2 Definitions 3 Interpretation 4 3 Interpretation 4 Fees 5 4 Droits Schedule "A" 6 Annexe « A » [MM Page 3 3 4 5 6 -3 - RECITALS AND WHEREAS, The City of Saint John deems it advisable to make this by-law to establish fees for fire protection services provided by or on behalf of the local government; WHEREAS, paragraph 10(1)(1) of the Local Governance Act, S.N.B. 2017, c. 18, authorizes a local government to make by-laws for municipal purposes respecting programs and services provided by or on behalf of the local government; AND WHEREAS, paragraph 10(6)(4) of the Local Governance Act authorizes a local government to establish fees for programs or services provided by or on behalf of the local government; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this By- law was discussed, was provided in accordance with the provisions of the Local Governance Act. PREAMBULE ATTENDU QUE, The City of Saint John estime souhaitable d'adopter le present arrete pour fixer des droits pour les services de protection contre les incendies offerts par ou pour le compte du gouvernement local. ATTENDU QUE, le alinea 10(1)i)) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, autorise un gouvernement local a prendre des arretes a des fins municipales concernant les programmes et les services qu'il fournit ou qui soot fournis pour son compte; et ATTENDU QUE, le alinea 10(6)d)) de la Loi sur la gouvernance locale autorise un gouvernement local a fixer des droits au titre des programmes ou des services que fournissent le gouvernement local ou qui soot fournis pour son compte; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu a ete donne conformement a la Loi sur la gouvernance locale. NOW THEREFORE, the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1 This By-law may be cited as the Fire 1 Le present arrete peut etre cite sous le titre Protection Fees By -Law (hereinafter the `By- Arrete concernant les droits associes a la law"). protection contre les incendies (ci-apres 1' arrete » . Definitions 2 The words defined in section 2 of the Saint John Fire Protection By-law, By-law Number M- 34, when used in this By-law, shall have the same meaning. "person" includes a corporation, partnership or society and the heirs, executors, administrators or [till D6finitions 2 Les termes definis a Particle 2 de Varrete sur la protection contre les incendies de Saint John, arrete numero M-34, ont le seas qui leur est donne dans cet arrete. personne » y soot assimiles une corporation, une societe en nom collectif, une societe, et les other legal representatives of a person as well as any owner, occupant, tenant or other person having use, occupation, charge or control of any building, structure or place in The City of Saint John; (personne) Interpretation heritiers, executeurs testamentaires, administrateurs ou autres representants legaux dune personae, de meme que tout proprietaire, occupant, locataire ou autre personae ayant Pusage, 1'occupation, la garde ou la surveillance d'un batiment, dune construction ou d'un endroit dans la municipalite de Saint John; (person) Interpretation 3 Rules for interpretation of the language used 3 Les regles d'interpretation suivantes in this By-law are contained in the lettered s'appliquent au present arrete paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 2017 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or 1919% a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de l'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Ils visent les Lois revisees du Nouveau -Brunswick de 2017 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau -Brunswick de cette annee-la. Dans tous les cas, le renvoi A une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de The City of Saint John visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de The City of Saint John ou des lois ou reglements federaux ou provinciaux applicables. e) Si une disposition quelconque est -5 - parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. (f) The schedule attached to this By- law is included in and shall be considered part of this By-law. Fees 4(1) The City of Saint John shall collect fees for fire protection services as described in Schedule A. declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. f) L' annexe j ointe au present arrete est incluse et Boit etre consideree comme faisant partie du present arrete. Droits 4(1) The City of Saint John per�oit des droits au titre des services de protection contre les incendies comme decrit a 1' annexe « A ». 4(2) A person shall pay the fees described in 4(2) Une personae paie les droits decrits a Schedule A. 1'annexe « A ». IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of June, A.D. 2018 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present ARRETE le juin 2018, avec les signatures suivantes : Mayor/Maire 1919191 Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 1919191 SCHEDULE "A" FEES — FIRE PROTECTION SERVICES Item Description Fees Fire Service Emergency Expenses or cost recovery for fire Response Activity department emergency response activity with respect to insured perils as identified in affected properties insurance policy Overtime Personnel Cost: • Management Employees Expenses as outlined in the management terms and conditions • Unionized Employees Expenses as outlined in the current collective agreement • Salvage Corp Cost for security Expenses to mobilize the Saint John Fire Police Salvage Corps for security of the scene Personnel Rehabilitation Cost: Incident cost related to providing nourishment to response crews Emergency Response Units: • Destroyed equipment Replacement cost less depreciation • Maintenance / Repair of equipment Actual cost of maintenance and / used at emergency incident or repair • Firefighter Gear - Complete 1/100 cost per hour per person Ensemble • Firefighter SCBA / Thermal Imager 1/100 cost per hour per person • Air Monitoring / Detection 1/100 cost per hour Equipment • Power tools / Hydraulic Equipment 1/100 cost per hour 191911 -7 - 1919191 Materials Cost: • Water Rate as established per Saint John Water • Foam Replacement cost of used quantity • Plus any additional costs for each Cost specific to each incident and every incident Demolition Cost: • Raze fire damaged building Cost associated with demolishing fire damage building • Remove Debris Cost to remove and dispose of debris from fire damaged building 1919191 ANNEXE « A)> DROITS — SERVICES DE PROTECTION CONTRE LES INCENDIES Rubrique Description Droits Activite d'intervention Depenses ou recouvrement des coats d'urgence du Service associes aux activites d'intervention d'incendie d'urgence du Service d'incendie en ce qui a trait aux risques assurables tels qu'identifies dans la police d'assurance de la propriete concernee Coat associe an personnel qui effectue des heures supplementaires • Employes cadres Depenses comme prevues dans les modalites et conditions d'emploi des employes -cadres • Employes syndiques Depenses comme prevues dans la convention collective actuelle • Coat associe a la securite offerte par Depenses associees a la le corps de sauvetage mobilisation du Saint John Fire Police Salvage Corps pour assurer la securite des lieux Coat associe a la rehabilitation du Coat de 1'intervention associe a personnel : la nourriture offerte aux equipes d'intervention Unites des interventions d'urgence • Equipement detruit Coat de remplacement moires la depreciation • Entretien/reparation d'equipement Coat reel de 1'entretien ou de la utilise lors d'une intervention reparation d'urgence • Equipement de pompier — 1/100 du coat horaire par equipement complet personae Pompier APRA / imageur thermique 1/100 du coat horaire par personne 19191-1 1919YA • Surveillance de fair/equipement de 1/100 du cont horaire detection • Outils electriques/equipement 1/100 du cont horaire hydraulique Cout des materiaux • Eau Taux tel qu'etabli par Saint John Water • Mousse Cout de remplacement de la quantite utilisee • Plus tout cont additionnel associe a Cout specifique associe a chaque chaque intervention intervention Cout de demolition : • Raser un edifice endommage par un Cout associe a la demolition incendie d'un edifice endommage par un incendie • thminer les debris Cout associe au retrait et a 1'e1imination des debris provenant d'un edifice endommage par un incendie 1919YA M&C No. 2018-176 Report Date July 04, 2018 Meeting Date July 09, 2018 Service Area Corporate Services SUBJECT.of ;r rreplacing „A BY -Law Respecting the Regulation and Licensing of Owners and Operators Taxicabs in the City ,. Saint John" I Primary Author Commissioner/Dept. Head City Manager NeflJacobsen(Corporate iTrall Services) John Nugent Scott Brittain (City Solicitor's Office) Common Council give first and second reading to the new ""City of Saint John Vehicle for Hire By -Low" (as provided in Attachment "C") which shall, provided third reading is given,„i, By-LaBy-Law Respecting the Regulationc,..i' Licensing , Owners d Operators of Taxicabs in the City of R effective September EXECUTIVE SUMMARY Efforts a been underway since late 2017involvingManager's Office, City Solicitor's Office and Department of Transportation and Environmental Services), the Saint John Police Force (Traffic Unit) and Saint John Transit Commission (the "SJTC”) to bring forward enhancements to the Taxi By - £1 associated dr i iM enforcement provisions, while alsointroducing municipal B ..4requirements sightseeing vehicles (24 passengers or less) and limousines operating within the City of Saint John. [MU] -2 - The purpose of this Report is to seek authority from Common Council with respect to the proposed new Vehicle for Hire By -Law, as well as discuss key policy recommendations and related efforts to reach a formal working arrangement between the City, SJ Police Force and SJTC to facilitate the recommended By -Law changes/ enhancements. In addition to Council approval (including 1't and 2 nd reading of the proposed By - Law amendments), the SJTCs Board of Directors has previously approved and administration. The proposed changes have also been reviewed with Chief Connell of the Saint John Police Force. 7141MR-MIZARIM RESOLVED that the Committee of the Whole directs staff to prepare options to re-engineer the Taxi Advisory Committee structure and governance and to come back with a report. In addition, the policy recommendations contained in this report align with Council's objective to further streamline and more effectively align the City's --xisting Agencies, Boards, Commissions and Committees; as well as more ,ffectively allocate and utilize limited municipal staffing resources. Based on previous Council and Committee of the Whole input and direction, efforts have been underway over the last six months to identify priority administrative and enforcement enhancements to the By -Law, as well as introduce new By -Law provisions with respect to local sightseeing vehicles (24 passengers or less) and limousines. Through detailed deliberations involving the City Solicitor's Office, the City Manager's Office, the Saint John Police Force and Taxi Inspector, the CEO of SJTC and the Department of Transportation and Environment Services, a series of enhancements to the existing Taxi By -Law were identified (Attachment "A"). These enhancements were also further reviewed with Committee of the Whole in late March. To date, well in excess of 300 hours of cumulative staff time have been invested in the current round of By -Law enhancements. 191916-1 While options regarding a "re-engineering of the Taxi Advisory Committee"" were explored, a more prudent path forward was identified — introducing a new Vehicle for Hire By -Law (Attachment "C") and having the SJTC assume administrative oversight of the By -Law. The SJTC is professionally managed and governed with full-time staff resources, has a mandate that includes critical public transportation infrastructure and related policy issues, and has physical infrastructure that would be ideally suited for taxicab inspections on a year- round basis, subject to the observations noted above. The opportunity for the SJTC to take on the governance and administrative (including inspection and licensing) responsibilities associated with the By -Law was ratified at their June 20, 2018 Board Meeting. The Board provided direction to CEO Ian MacKinnon to return with required next steps and a supporting imM lementation plan, subject to the new Vehiclefor Hire By -Low receiving first, second and third reading by Common Council. The City Solicitor's Office has conducted an assessment as to the authority for the SJTC to assume certain duties and responsibilities respecting the administration of the taxi industry (having regard to the provisions of the Saint John Transit Commission Act) and the associated arising residual authority under the Companies Act, and whether anticipated By -Law amendments respecting other vehicles for hire (i.e., sightseeing and limousines) aligns with the authority conferred upon the City under the new Local Govemance Act, which offers broader authority than the Municipalities Act did previously. The new Vehicle for Hire By -Law reflects the requirements of the new Local Govemance Act. Subject to Council approval, the new Vehicle for Hire By4aw will take effect on September 1, 2018. The City, Saint John Transit and the Saint John Police Force will work with impacted stakeholders to address transitional issues. It should also be noted that there are no substantive changes to the existing taxicab provisions in the new Vehicle for Hire By -Law, other than the introduction Il, a formal annual stakeholder and industry input and review process (each Fall) with respect to regulated taxi fares (Schedule "B" of the former Taxi By -Law and recommended new Vehicle for Hire By -Law). Certain enforcement provisions have also been strengthened in the new By -Law. Finally, the transfer of By -Law administrative oversight responsibilities to th(4 SJITC will allow the SJPF to focus additional resources on core policing services and traffic -related / Motor Vehicle Act enforcement issues within community. The new Vehicle for Hire By -Law is also ideally pooned as a platform to explore the addition of ride -sharing as a future transportation consideration. Communities across North America are now exploring a combination of transit, taxi and ride -sharing services to economically service low volume or "last mile" public transportation routes / neighborhoods. The opportunity exists to explore these options as part of a vehicle for hire chapter of MoveSJ, the City's new transportation master plan. 1911 to] The proposed By -Law changes would see a transfer of existing taxi industry license and fee revenue from the City to the SJTC, with an additional increase in licensing revenue from sightseeing and limousine businesses. It should be noted that there will be no increase in taxi industry licenses or fees at this time. Finance has provided data indicating that, on average, the taxi industry has generated from $36,000 to $74,000 in annual licensing fees and revenue since 2010, with annual fluctuations based on the number of licensed drivers and taxicabs. Average annual revenues total $51,000. Information provided by the Taxi Inspector shows minor year -over -year fluctuations in the numbers of licensed and inspected vehicles, drivers and taxi companies currently operating in the City of Saint John: June 2018 0 129 licensed and inspected taxicabs 0 151 licensed drivers 0 14 taxi companies operating in Saint John (includes independents) June 2017 0 147 licensed and inspected taxicabs 0 149 licensed drivers 0 13 taxi companies operating in Saint John (includes indepenclentl Input has been provided from the Saint John Police Force (Taxi Inspector), SJTC, the City Solicitor's Office, staff from Transportation and Environment, the Finance Department, Saint John Port Authority and local tourism operators. The City's Taxi Inspector was an active participant in the preparation of this Council Report and has supported the City Solicitor's Office in preparing and reviewing potential By-law amendments. As part of the By -Law review process, best practices were explored within the Maritime Provinces and across Canada. In particular, the Cape Breton Regional Municipality, Halifax and Victoria, BC were used as particularly relevant By -Law benchmarks. All three communities, like Saint John, have active tourism and cruisM ship industries, and we have attempted to align our By -Law limousine definitions and provisions with both Cape Breton and Halifax. 311 KIM, Attachment A: Summary of Key Enhancements to "A By -Law Respecting the F F I Jill Jill! 11 Pill 1"' 1 Jill M P III ATTACHMENT A: Proposed Enhancements to the City's Taxi By -Law (the new Vehicle for Hire By -Law) Component Recommended Changes Goals / Outcomes By -Law • Vehicles for Hire shall be a key • Vehicles for Hire By -Law Administration priority within the City's new administration transitions to and Enforcement transportation policy framework the SJTC, with associated (MoveSJ). enforcement capabilities. • Existing Taxi By -Law provisions • SJTC is professionally incorporated within the new administered and governed, Vehicles for Hire By -Law. Existing with regular Board meetings Taxi Advisory Committee is and full-time staff resources. eliminated. • Leverages the SJTC's existing • Saint John Transit Commission infrastructure, providing for (SJTC) assumes the role of day -to- convenient, all -season / all - day By -Law administration, weather vehicle inspections including the issuance of licenses (non -MVA). and associated enforcement • "On -the -road" By -Law and capabilities under the By -Law. MVA enforcement remains • Vehicle for hire inspections as per the responsibility of the SJ By -Law requirements (non -MVA) Police Force (SJPF). held at the SJTC garage and • Close alignment, cooperation conducted by SJTC employees. and communication between • Introduction of an annual feedback the SJTC and SJPF. period with respect to the Schedule • Strategic policy linkage to the "B" rates (provides an opportunity City's new transportation for driver, industry and community policy framework - MoveSJ. feedback) with recommendation The Department of from SJTC to Council. Note: Council Transportation and ultimately approves rate changes by Environmental Services will By -Law amendment. provide SJTC with Vehicle for • SJTC and the SJPF implement a new Hire policy support on a go - vehicle for hire industry information forward basis (aligned with sharing system for tracking By -Law MoveSJ). administration and enforcement • Provides foundation for a data. future assessment of ride - sharing (as per Council resolution). Note: MVA = Motor Vehicle Act 19591 Component Recommended Changes Goals / Outcomes Sightseeing • Annual license and fee required for • New Local Governance Act Vehicles all sightseeing vehicles with 24 or provides broader authority (includes Buses, less passengers used to pick-up and for municipalities with Trolleys, Vans, transport passengers within the City respect to vehicles for and other or originating in the City. Same hire/public transportation. Motorized and annual fee as taxicabs. • An annual license (and fee) Non -Motorized • Clear definition of sightseeing would be required for each Vehicles) vehicles, which will be restricted sightseeing vehicle operating from operating at taxi stands. with a capacity of 24 or less • 8 passengers and fewer motorized passengers (including those vehicles: Proof of MVA compliance operated by SJTC) originating ("H" plate, class "4" license, liability within the City. insurance, MVA inspection) plus • Provides consistency and driver criminal / vulnerable sector clarity with how other (non - checks. 8 passenger or fewer taxi) vehicles for hire are sightseeing vehicles must comply treated within the City. with the vehicle age requirements • The By -Law recognizes and as per the existing By -Law. acknowledges professional • 9 passenger and more motorized sightseeing operators who vehicles: Proof of MVA compliance are MVA compliant with ("L" plate, proper class of license - annual driver criminal / as required, liability insurance, MVA vulnerable sector checks. inspections) plus driver criminal / • Passenger / visitor safety is a vulnerable sector checks. key element of the expanded • Motorcycles and non -motorized By -Law, as well as full sightseeing vehicles: MVA compliance with the MVA. compliant (as applicable), MVA • Provides for annual safety inspection (as applicable) or annual inspections for non - safety inspections by SJTC, proof of motorized sightseeing liability insurance plus driver. vehicles, and requires all criminal /vulnerable sector check. drivers to have completed • No requirement: taxi meters or roof criminal /vulnerable sector lights. checks. Note: Taxicabs and Limousines are eligible to apply for a sightseeing vehicle license. Separate fees are applicable. Limousines are ineligible to apply for a taxi license, and taxis are ineligible to apply for a limousine license (i.e., limousines and taxis are treated as separate and distinct vehicle for hire classes within the new By -Law). 19NE"I Component Recommended Changes Goals / Outcomes Limousines • Clear definition of limousines within • New Local Governance Act the By -Law. provides broader authority • Annual license and fee required for for municipalities with all limousines used to pick-up and respect to vehicles for transport passengers within the hire/public transportation. City. Same annual fee as taxicabs. • An annual license (and fee) • Limousines can pick-up passengers would be required for each at other locations within the City on limousine operating in the a pre -arranged basis, subject to City. Schedule "B" minimum limousine • Provides consistency and fare restrictions. clarity with how other (non - 0 No minimum vehicle age taxi) vehicles for hire are restrictions but must meet stringent treated within the City. minimum vehicle standard as a • The By -Law recognizes and licensed limousine (i.e., By -Law acknowledges professional precedents from other Canadian limousine operators who are jurisdictions, including Halifax and MVA compliant with annual Cape Breton Regional Municipality). driver criminal checks / • 8 passengers and fewer motorized vulnerable sector checks. vehicles: Proof of MVA compliance • Passenger / visitor safety is a ("H" plate, class "4" license, liability key element of the expanded insurance, MVA inspection)Imus By -Law, as well as full driver criminal / vulnerable sector compliance with the MVA. checks. • 9 passenger and more motorized vehicles: Proof of MVA compliance ("L" plate, class "4" license, liability insurance, MVA inspections) plus driver criminal / vulnerable sector checks. • No requirement: taxi meters or roof lights. ti blo IA IA CL Guam O ho O IA Q M+,Guam ._ No %man O V VIA O `~' L. 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AND WHEREAS Section 10 of the Local Governance Act authorizes municipalities to enact by-laws respecting transport and transportation systems, including carriers of persons or goods, taxis and other forms of public transportation; PREAMBULE Attendu que : le CONSEIL COMMUNAL juge opportun de prendre le present ARRETE destine a regir la reglementation des activites et l' octroi de PERMIS aux PROPRIETAIRES et EXPLOITANTS de VPHICULES DE LOCATION dans la MUNICIPALITE de Saint John; ET ATTENDU QUE Particle 10 de la Loi sur la gouvernance locale autorise les municipalites a prendre des arretes concernant le transport et les moyens de transport, y compris les transporteurs de personnes ou de marchandises, les taxis et les autres formes de transport public; NOW THEREFORE, the Common Council A CES CAUSES, le CONSEIL COMMUNAL de of The City of Saint John, enacts as follows: The City of Saint John edicte : Title Titre 1. This By-law may be cited as the Vehicles 1. Le present ARRETE peut etre cite sous le for Hire By-law (hereinafter the `By- titre Arrete de Saint John reglementant law"). les vehicules de location (ci-apres 1' ARRETE »). Definitions 2. Whenever a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in this Section 2. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. 331 Definitions 2. Dans le present ARRETE, les termes en petites majuscules soot employes au seas defini au present article, les autres mots ayant leur seas ordinaire en fran�ais. -5 - "Assistant Inspector" means an individual(s) who has been designated by resolution of Common Council to carry out the duties of the Inspector in the event that the Inspector is unable to perform them for one or more of the reasons identified in this By-law. In any circumstance where the Assistant Inspector is acting in the place of the Inspector, he or she shall be considered the Inspector for the purposes of this By- law (inspecteur adjoint); "Certificate of Inspection" means a Certificate of Inspection issued under the Motor Vehicle Act (certificat d'inspection); "City" means The City of Saint John and includes the geographic bounds of the City of Saint John (Municipalite); "Common Council" means the elected municipal council of the City (conseil communal); "Criminal Record Check" means a comprehensive search of a person's criminal history or background to determine what, if any, crimes he or she has been convicted of in the past (verification du casier judiciaire); "Educational Requirements" means those training and Educational Requirements which an Operator shall be obligated to successfully complete in order to successfully apply for or renew a any License under this By-law, as are more particularly outlined and described in Schedule "A" to this By-law 1919% ARRETE ANTERIEUR » 1'ARRETE sur les TAXIS ensemble ses modifications, qui a ete abroge par la promulgation du present ARRETE, a partir du I" septembre 2018(Previous By -Law); CERTIFICAT WINSPECTION » CERTIFICAT D'INSPECTION delivre en vertu de la Lot SUR LEs vExlcnEs A MOTEUR (Certificate of Inspection); K COMMISSION DE TRANSPORT DE SAINT JOHN » designe la COMMISSION DE TRANSPORT DE SAINT JOHN etablie par 1'Assemblee legislative du Nouveau - Brunswick en vertu des termes de la Loi sur la Commission de transport de Saint John (Saint John Transit Commission); CONSEIL COMMUNAL » designe les membres elus du conseil municipal de The City (Common Council); EXIGENCES EN MATIERE WEDUCATION » s'entend des EXIGENCES EN MATIERE D' EDUCATION et de formation, auxquelles un EXPEOITANT Boit satisfaire afire de pouvoir deposer une demande de PERMIS ou de renouvellement de PERMIs en vertu du present ARRETE, tel qu'elles soot plus particulierement presentees a 1' annexe A » du present ARRETE (Educational (exigences en matiere d'education); "Inspector" means an individual who has been designated by resolution of Common Council to act as the Inspector (inspecter); "License" means any License that has been issued in accordance with this By- law and has not expired or been suspended or cancelled. Should application be made for more than one type of License under this By-law, each application shall be subject to the same fee and evaluated against the criteria that applies to the type of License being sought. At no time may a License for a Taxicab and a Limousine be issued under this By-law in respect of the same vehicle (perm is ); "Limousine" means a stretch limousine or any of the Permitted Luxury Vehicles, which shall transport a person(s) for remuneration subject to the provisions of Schedule "B" as they relate to Limousines and shall have a minimum of four (4) doors and shall be full-size luxury class vehicles having a seating capacity for at least five (5) persons, including the driver, having a seatbelt for every passenger present in the Limousine at any given time, having the type of license and motor vehicle registration required under the Motor Vehicle Act, and further having 1919191 Requirements); EXPLOITANT » s'entend d'une personae qui d&tient un PERMIS en vertu de la Lot suR LES VEHicuLEs A MOTEuR et en vertu du present ARRETE pour exploiter un VPHICULE DE LOCATION (Operator); INSPECTEUR» s'entend d'un individu qui a W design& par resolution du CONSEIL COMMUNAL pour agir a titre d'INSPECTEUR (Inspector); INSPECTEUR ADJOINT » d&signe un ou des individus qui ont W d&sign&s par r&solution du CONSEIL COMMUNAL pour s'acquitter des fonctions de 1'INSPECTEUR au cas ou 1'INSPECTEUR est incapable d'acquitter ses fonctions pour Pune ou plusieurs raisons &nonc&es dans cet ARRETE. Dans 1'6ventualit6 OU 1'INSPECTEUR ADJOINT remplace 1'INSPECTEUR, it est consider& 1'INSPECTEUR pour les fins de cet ARRETE (Assistant Inspector); LIMOUSINE » d&signe une limousine a carrosserie allong&e ou tout VPHICULE DE LUXE AUTORISE qui transporte une ou plusieurs personnes contre r&mun&ration, sous r&serve des dispositions de 1' annexe « B » qui s' appliquent aux LIMOUSINES et qui est munie d'au moins quatre portes, qui est dans la classe des v&hicules de luxe de pleine grandeur, comptant au moins cinq places assises, incluant celle du chauffeur, &quip&e d'une ceinture de s&curit& pour chaque passager pr&sent en tout temps dans la LIMOUSINE, muni du type de permis et de l'immatriculation du v&hicule a moteur -7 - each of the following required luxury components, as determined in the opinion of the Inspector or Assistant Inspector as the case may be: (1) top quality interior appointments with no visible signs of damage or tearing; (2) leather or plush upholstery with no visible signs of damage or tearing; (3) fully functioning air conditioning; (4) fully functioning power windows, and (5) fully functioning stereo system; and further having a minimum of two (2) of the following optional luxury components, as determined in the opinion of the Inspector or Assistant Inspector as the case may be: (1) one-way tinted glass; (2) a glass partition separating the front and rear seats; (3) fully functioning heated rear seats; (4) fully functioning rear seat passenger climate and temperature control; (5) fully functioning in vehicle passenger WiFi access; (6) fully functioning mounted rear seat television, video screen or tablet, and (7) fully functioning mounted rear seat passenger cellular phone (Limousine); "Metered Rates" means the rate for a Taxicab ride that is measured and calculated using a Taxicab Meter which is calibrated in accordance with Schedule "B" of this By-law (tarifs calcules a Z'aide d'un taximetre); "Motor Vehicle Act" means R. S.N.B. 1973, c. M-17, as amended from time to time or replaced by the Legislative Assembly of New Brunswick (Loi sur les vehicules a moteur); "Operator" means a person who is licensed under the Motor Vehicle Act and under this By-law to operate a Vehicle for Hire (exploitant); K101 1! requis en vertu de la Lol SUR LES vEHIcuLEs A Mo=R, et qui poss&de chacune des composantes de luxe requises suivantes, telles que d&termin&es selon 1'avis de 1'INSPECTEUR ou de 1'INSPECTEUR ADJOINT, le cas &ch&ant : (1) des caract6ristiques d'int&rieur de qualite superieure ne pr6sentant aucun signe visible de dommage ou de d6chirure; (2) un revetement en cuir ou un mat&riau de qualite superieure ne pr6sentant aucun signe visible de dommage ou de d6chirure; (3) un syst&me de climatisation pleinement op&rationnel; (4) des vitres &lectriques pleinement op&rationnelles; (5) une chaine stereo pleinement op&rationnelle; et poss&dant 6galement au moires deux des composantes de luxe optionnelles suivantes, telles que d&termin&es selon 1'avis de 1'INSPECTEUR ou de 1'INSPECTEUR ADJOINT, le cas echeant : (1) des vitres teint&es en verre Argus; (2) une cloison vitr&e s6parant les sieges avant et arriere; (3) des sieges chauffants a 1'arri&re pleinement op6rationnels; (4) un r6gulateur de climatisation et de temp6rature pour les sieges arriere pleinement op&rationnels; (5) un acc&s Wi-Fi pleinement op&rationnel offert aux passagers a 1'int6rieur du v6hicule; (6) une television, un 6cran video ou une tablette pleinement op6rationnelle mont&e a 1'arri&re, et (7) un telephone cellulaire install& et mis a la disposition des passagers a 1'arri&re (Limousine); Loi SUR LES VEHICULES A MOTEUR h signifie la L.R.N.-B. 1973, c M-17, telle que modifi&e de temps a autre ou remplac6e par 1'Assembl6e 16gislative du Nouveau -Brunswick. (Motor Vehicle Act); "Operator's License" means an Operator's License that has been issued in accordance with this By-law and has not expired or been suspended or cancelled. At no time shall an Operator be permitted under this By-law to hold an Operator's License for a Taxicab and a Limousine respecting the same vehicle (permis d'exploitant); "Owner" means the individual or corporation shown by the records of the Registrar of Motor Vehicles for New Brunswick to be the registered Owner of a motor vehicle that has been registered under the Motor Vehicle Act for use as a Vehicle for Hire (proprietaire); "Owner's License" means an Owner's License that has been issued in accordance with this By-law and has not expired or been suspended or cancelled. At no time shall an Owner be permitted under this By-law to hold an Owner's License for a Taxicab and a Limousine respecting the same vehicle (permis de proprietaire); "Permitted Luxury Vehicle" means vehicles produced by the following manufacturers which are permitted to function as Limousines provided they also meet the requirements set out in the definition of Limousines and in the By- law more generally: (1) Acura; (2) Audi; (3) Bentley; (4) Cadillac; (5) Jaguar; (6) Land Rover; (7) Lexus; (8) Lincoln; (9) Mercedes-Benz; (10) Rolls Royce, or (11) any other luxury sport utility or luxury sedan vehicle produced by a manufacturer the Inspector or Assistant Inspector, as the case may be and in his or her discretion, finds to constitute a 1919191 MUNICIPALITE » d6signe The City of Saint John et inclut les limites g6ographiques de la MUNICIPALITE de Saint John (City); PERMIS D'EXPLOITANT » PERMIS D'EXPLOITANT qui a W d&livr& conform6ment au pr&sent ARRETE et qui n'a pas expir6, 6t6 suspendu ou annul6. En aucun temps, un EXPLOITANT ne peut d6tenir en vertu du pr&sent ARRETE un PERMIS D'EXPLOITANT de TAXI et de LIMOUSINE pour un meme v&hicule (Operator's License); PERMIS DE PROPRIETAIRE » PERMIS DE PROPRIETAIRE qui a W d&livr& conform6ment au pr&sent ARRETE et qui n'a pas expire, 6t6 suspendu ou annul6. En aucun temps, un PROPRIETAIRE ne peut d6tenir en vertu du pr&sent ARRETE un PERMIS DE PROPRIETAIRE de TAXI et de LIMOUSINE pour un meme v6hicule (Owner's License); permis » s'entend d'un PERMIS qui a W d&livr& conform6ment au pr&sent ARRETE et qui n'a pas expir6, 6t6 suspendu ou annul&. Si une demande est d6pos6e pour plus d'un type de PERMIS pr&vu au pr&sent ARRETE, chaque demande est soumise aux memes droits et &valu&e en fonction des crit&res applicables au type de PERMIS demand&. Un PERMIS DE TAXI et un PERMIS DE LIMOUSINE ne peuvent etre d&livr&s pour un meme v&hicule en vertu du pr&sent ARRPTP. (License); manufacturer of luxury vehicles (vehicule de luxe autorise); "Previous By -Law" means the Taxicab By-law and any amendments thereto that has been repealed by the enactment of this By-law effective September 1st, 2018 (ARRETE anterieur); "Saint John Transit Commission" means the Saint John Transit Commission established by the Legislative Assembly of New Brunswick under and pursuant to the terms of the Saint John Transit Commission Act (Commission de transport de Saint John); "Sightseeing Vehicle" means any motor vehicle, Taxicab, van, Limousine, bus, trolley, carriage, cart, wagon or any other form of conveyance, including horse drawn vehicles, pedicabs, rickshaws and motorcycles, each having a driver and, in no circumstances having a seating capacity which exceeds twenty-four (24) passengers, inclusive of the driver, that is used in the operation of a "for hire" sightseeing, charter or shuttle transportation business originating in the City. Sightseeing Vehicles shall only operate based on a predetermined service contract and corresponding fee structure, with a designated pick-up location and stops along a defined sightseeing route. Sightseeing Vehicles are prohibited from operating as a Limousine or Taxicab, including soliciting passengers at Taxi Stands, while operating as a Sightseeing Vehicle (vehicule de tourisme); 19191.1 PERSONNE VULNERABLE » s'entend d'une personne qui en raison de son age, d'une d&ficience ou d'autres circonstances temporaires ou permanentes, soit est en position de dependance par rapport a d'autres personnes ou court un risque d'abus ou d'agression plus &leve que la population en g&n&ral (Vulnerable Person); POSTE DE TAXIS >> partie d'une rue publique qui a W d&sign&e a cc titre dans Z'Arrete relatif a la circulation dans The City of Saint John comme une aire d'attente pour les TAXIS et qui ne peut en aucun temps etre utilis&e par les LIMOUSINES et les VEHICULES DE TOURISME (Taxicab Standby); PROPRIETAIRE » la personae ou compagnie qui, d'apr&s les registres du registraire des v&hicules a moteur du Nouveau -Brunswick, est le PROPRIETAIRE immatricul& d'un v&hicule a moteur enregistr& sous le r&gime de la Lot svR LEs vEHtcnEs A MoTEVR en vue d'etre utilise comme VEHICULE DE LOCATION (Owner); TARIFS CALCULES A L'AIDE D'UN TAXIMETRE » le tarif pour un trajet en TAXI qui est mesur& et calcul& par un TAXIMETRE calibr& conform&ment a 1'annexe o B » du pr&sent ARRETE (Metered Rates); -10 - "Taxicab" means a motor vehicle, other than: (1) a bus (as defined in section 1 of the Motor Vehicle Act); (2) a Limousine, or (3) a Sightseeing Vehicle during any period in which the vehicle is being used to transport a person(s) for remuneration, including the period in which a person who is to be, is being or has been transported for remuneration embarks or disembarks and the period in which the luggage of such person is loaded or unloaded. Without limiting the generality of the foregoing, any motor vehicle other than: (1) a bus (as defined in section 1 of the Motor Vehicle Act), (2) a Limousine, or (3) a Sightseeing Vehicle which operates or otherwise provides tours within the City for remuneration is considered a Taxicab for the purposes of this By-law (taxi); "Taxicab Meter" means a Centrodyne brand electronic metering device purchased, installed and maintained at all times in good working order by the Owner, which is calibrated in accordance with Schedule "B" of this By-law and sealed by the Inspector upon inspection thereof, which meets the technical specifications set out in this By-law and which is used to measure and calculate Metered Rates, as set out in this By-law (taximetre); 1919YA TAXI >> s'entend d'un v&hicule a moteur, autre (1) qu'un autobus (tel que d&fini a Particle 1 de la Lot suR LEs vEHICULEs A MOTEUR); (2) une LIMOUSINE, ou (3) un VEHICULE DE TOURISME, pendant la periode ou it est utilise pour transporter une ou plusieurs personnes contre remuneration, y compris la periode ou la personae qui Boit se faire transporter, qui est transportee ou qui a &t& transportee contre remuneration monte dans le vehicule ou en descend, et la periode ou ses bagages soot charges ou d&charg&s. Sans restreindre la port&e de cc qui precede, tout vehicule a moteur autre (1) qu'un autobus (tel que defini a 1' article 1 de la Lot SUR LEs vEHtcnEs A MOTEVR); (2) une LIMOUSINE, ou (3) un VEHICULE DE TOURISME qui op&re ou qui offre des tours contre remuneration dans la MUNICIPALITE, est consider& un TAXI aux fins du present ARRETE (Taxicab); TAXIMETRE » s'entend d'un compteur &lectronique de marque Centrodyne achet&, install& et, en tout temps, maintenu en bon &tat de fonctionnement par le PROPRIETAIRE de TAXI, qui est calibre conform&ment a 1' annexe « B » du present ARRETE et scell& par 1'INSPECTEUR lors de l'inspection dudit TAXIMETRE, qui rencontre les exigences techniques pr&vues dans le pr&sent ARRETE et qui est utilis& pour mesurer et calculer les tarifs a 1'aide d'un TAXIMETRE, conform&ment au pr&sent ARRETE (Taxicab Meter); -11 - "Taxicab Standby" means a portion of a public street that has been designated in the Saint John Traffic By -Law as a standby area for Taxicabs and which cannot be used at any time by Limousines or Sightseeing Vehicles (poste de taxis); "Vehicle for Hire" means a duly licensed Taxicab, a Limousine or a Sightseeing Vehicle that is fully compliant with the applicable terms of this By-law and the Motor Vehicle Act (vehicule de location); "Vulnerable Person" means a person who, by reason of his age, a disability or other circumstances, whether temporary or permanent, is in a position of general dependence on others or is otherwise at a greater risk than the general population of being harmed (personne vulnerable); "Vulnerable Sectors Check" means a comprehensive search of a person's criminal history or background to determine what, if any, crimes he has been convicted of in the past against a Vulnerable Person, including crimes of sexual nature against a Vulnerable Person for which a record suspension or pardon may have been issued (verification des antecedents en vue d'un travail aupres de personnel vulnerables). 19191:3 VEHICULE DE LOCATION )> designe un TAXI dument autorise, une LIMOUSINE 011 un VEHICULE DE TOURISME qui est pleinement conforme aux termes applicables du present ARRETE et a ceux de la Lot SUR LES VEHICULEs A MOTEUR (Vehicle for Hire); K VEHICULE DE LUXE AUTORISE » s'entend des vehicules produits par les fabricants suivants qui peuvent etre utilises comme LIMOUSINE, pourvu qu'ils repondent aux exigences enoncees dans la definition de LIMOUSINE et, plus generalement, dans le present ARRETE : (1) Acura; (2) Audi; (3) Bentley; (4) Cadillac; (5) Jaguar; (6) Land Rover; (7) Lexus; (8) Lincoln; (9) Mercedes- Benz; (10) Rolls Royce, ou (11) tout autre vehicule utilitaire sport de luxe ou berline de luxe produite par un fabricant qui, selon 1'INSPECTEUR ou 1'INSPECTEUR ADJOINT, le cas echeant, et a sa discretion, constitue un fabricant de vehicules de luxe (Permitted Luxury Vehicle); VEHICULE DE TOURSIME » designe tout vehicule a moteur, TAXI, camionnette, LIMOUSINE, autobus, trolleybus, chariot, charrette, ou tout autre moven de transport incluant les vehicules tires par des chevaux, les velo-pousse, les pousse- pousse et les motocyclettes, ayant chacun un conducteur, et en aucun temps etant muni d'un nombre de places assises excedant vingt-quatre passagers, incluant le conducteur, qui est utilise dans le cadre des activites « de location » a des fins de tourisme, de transport nolise ou de navette d'une entreprise provenant de la MUNICIPALITE. Les VEHICULES DE TOURISME soot exploites seulement selon un contrat de service predetermine et -12- selon la structure des tarifs, avec un lieu pr&vu pour 1'embarquement et des arrets le long d'un parcours touristique predetermine. Les VEHICULES DE TOURISME ne peuvent etre exploit&s comme LIMOUSINE ou TAXI, incluant la sollicitation de passagers dans les POSTES DE TAXIS, alors qu'il est exploit& comme VEHICULE DE TOURISME (Sightseeing Vehicle); VERIFICATION DU CASTER JUDICIAIRE » s'entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas &ch&ant, les crimes pour lesquels it a d&ja W condamn& (Criminal Record Check); VERIFICATION DES ANTECEDENTS EN VUE D'UN TRAVAIL AUPRES DE PERSONNES VULNERABLES » s' entend d'une recherche exhaustive des antecedents criminels d'un individu pour determiner, le cas echeant, les crimes commis envers une PERSONNE VULNERABLE pour lesquels it a deja &t& condamne, incluant les infractions de nature sexuelle contre une PERSONNE VULNERABLE, pour lesquelles le easier aurait W suspendu ou un pardon aurait W accord& (Vulnerable Sectors Check) [ticle.] -13 - Interpretation Interpretation 3. Rules for interpretation of the language 3. Les regles d'interpretation suivantes used in this By-law are contained in the s' appliquent au present ARRETE lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or 19MIK a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'ARRETE et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. c) Les renvois legislatifs paraissent en italique. Ils visent les Lois revisees du Nouveau -Brunswick de 1973 sauf mention d'une annee particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette annee-la. Dans tous les cas, le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la MUNICIPALITE visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s'ajoutent a celles decoulant d'autres arretes applicables de The City ou des lois ou reglements federaux ou provinciaux applicables incluant -14 - federal statutes or regulations, including but not limited to the Motor Vehicle Act. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Mandatory Record Checks sans s'y limiter la Loi SuR LEs VEHICULEs A mo=R. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1'ARRETE dans son ensemble ni de toute autre disposition. VERIFICATIONS DU CASTER JUDICIAIRE obligatoires 4. Before the Inspector will consider an 4. Avant que 1'INSPECTEUR ne considere une application for any License under this demande de PERMIs en vertu de cet By-law, a person shall, at his sole ARRETE, un individu Boit, a ses propres expense, submit to a: frais, presenter : (a) Criminal Record Check, which shall be carried out by the Saint John Police Force if the applicant resides in the City and by the Royal Canadian Mounted Police or a local police force as the case may be should the applicant reside outside the City; and (b) In the case of an application for an Operator's License, a Vulnerable Sectors Check, which shall be carried out by the Saint John Police Force if the applicant resides in the City and by the Royal Canadian Mounted Police or a local police force as the case may be should the a) une VERIFICATION DU CASIER JUDICIAIRE qui devra etre effectuee par le Service de police de Saint John si 1'auteur de la demande demeure dans la MUNICIPALITE, et par la Gendarmerie royale du Canada ou par un service de police local, le cas echeant, si 1' auteur de la demande reside a 1' exterieur de la MUNICIPALITE; et b) dans le cas d'une demande pour une PERMIS D'EXPLOITANT , une VERIFICATION DES ANTECEDENTS EN VUE D'UN TRAVAIL AUPRES DE PERSONNES VULNERABLES devra etre effectuee par le Service de police de Saint John si 1'auteur de la demande reside dans la MUNICIPALITE et par la -15 - applicant reside outside the City License Disqualification 5. A person is disqualified from obtaining, holding or continuing to hold any License under this By-law if: a) he is convicted of, or has within the five (5) years prior to submitting an application for a License, been convicted of: (i) an indictable offence under the Criminal Code of Canada or any other statute; or (ii) an offence of trafficking in narcotics or possessing a narcotic or importing a narcotic, contrary to the Controlled Drugs & Substances Act; or (iii) an offence of trafficking in a controlled or restricted drug or possession for the purpose of trafficking in a controlled or restricted drug, contrary to the Food and Drug Act of Canada; or (iv) an offence involving liquor contrary to section 132 of the Liquor Control Act of New Brunswick; such disqualification from holding a License under this By-law shall be calculated as running for a period of five (5) years commencing on the KMI% Gendarmerie royale du Canada ou par un service de police local, le cas echeant, si 1'auteur de la demande demeure a 1'exterieur de la MUNICIPALITE. Perte d'admissibilite 5. Est inadmissible a obtenir ou a detenir ou a continuer a detenir un PERMIS en vertu du present ARRETE la personae qui : a) ou bien est reconnue coupable ou a ete reconnue coupable, au cours des cinq annees precedant la presentation d'une demande de PERMIS : (i) d'un acte criminel prevu au Code criminel du Canada ou de toute autre loi; (ii) de trafic, de possession ou d'importation de stupefiants, en violation de la Loi reglementant certaines drogues et autres substances; (iii) de trafic ou de possession a des fins de trafic d'une drogue controlee ou d'une drogue d'usage restreint, en violation de la Loi sur les aliments et drogues du Canada; (iv) d'une infraction relative aux boissons alcooliques en violation de Particle 132 de la Loi sur la reglementation des alcools du Nouveau -Brunswick; cette perte d'admissibilite a detenir un PERMIs en vertu du present -16 - date of conviction. b) he is convicted of, or has within two (2) years prior to submitting an application for a License, been convicted of: (i) a summary conviction offence under the Criminal Code of Canada; or (ii) an offence under the Controlled Drugs & Substances Act or the Food and Drug Act of Canada or the Liquor Control Act of New Brunswick other than an offence mentioned in subparagraph 5(a)(ii), (iii) or (iv); such disqualification from holding a License under this By-law shall be calculated as running for a period of two (2) years commencing on the date of conviction. c) he has, within two (2) years prior to making his application, had a License obtained under this By-law cancelled and not reinstated; d) in the case of an Operator, he has had his driver's license cancelled or suspended under the Motor Vehicle Act or has, at any time, fewer than four (4) points on his driver's license, which must be reported by said Operator to the Inspector in writing within twenty-four (24) hours of said cancellation or suspension; ARRETE s' &Chelonne sur une periode de cinq ans a partir de la date de la condamnation. b) ou bien est reconnue coupable ou a W reconnue coupable, dans les deux annees precedant la presentation d'une demande de PERMIS : (i) d'une infraction punissable sur declaration de culpabilit& par procedure sommaire en vertu du Code criminel du Canada; (ii) d'une infraction pr&vue a la Loi reglementant certaines drogues et autres substances, a la Loi sur les aliments et drogues du Canada ou a la Loi sur la reglementation des alcools du Nouveau -Brunswick, autre qu'une infraction mentionn&e au sous-alin&a 5a)(ii), (iii) or (iv); cette perte d'admissibilit& a d&tenir un PERMIS en vertu du present ARRETE s'&Chelonne sur une periode de deux ans, a partir de la date de la condamnation. c) ou bien a vu, au cours des deux annees precedant sa demande, un PERMIS obtenu en vertu du present ARRETE etre annul& sans etre r&tabli; d) ou bien, dans le cas d'un EXPLOITANT , qui a vu son permis de conduire etre annul& ou suspendu sous le r&gime de la Lot SUR LES VEHICULES A MOTEUR ou a, a tout moment, moires de quatre points sur son permis de conduire, cc qui Boit etre rapport&, par &crit, par ledit EXPLOITANT a l'INSPECTEUR dans les vingt-quatre heures de ladite annulation ou -17- e) in the case of an Operator, he is found to have operated a Vehicle for Hire while his driver's license was cancelled or suspended under the Motor Vehicle Act or while such driver's license had fewer than four (4) points, which carries with it a two (2) year disqualification from holding a License under this By-law commencing on the date of discovery by the Inspector; f) in the case of an Owner, he is found to have permitted the operation of a Vehicle for Hire without a valid policy of insurance which complies in all respects with the conditions for insurance prescribed in this By- law, which carries with it a two (2) year disqualification from holding a License under this By-law commencing on the date of discovery by the Inspector. g) notwithstanding subsections 5(a) through (f) above, should an Operator engage in any violent, threatening or intimidating on -duty conduct towards a passenger, a member of the public or another licensee under this By-law which causes the Inspector or Assistant Inspector, as the case may be, to conclude that his or her continued service as an Operator of a Taxicab, Limousine or Sightseeing Vehicle poses a serious and immediate risk 101 1El! suspension; e) ou bien, dans le cas d'un EXPLOITANT , s'il est &tabli qu'il a exploit& un VEHICULE DE LOCATION alors que son permis de conduire &tait annul& ou suspendu en vertu de la Loi SVR LES VEHICULES A MoTEVR ou alors qu'il y avait moires de quatre points sur son permis de conduire, cc qui entraine une perte d'admissibilit& a d&tenir un PERMIS en vertu du pr&sent ARRETE, pour une p&riode de deux ans, a partir de la date Ou 1' INSPECTEUR d&couvre cette information; f) ou bien, dans le cas d'un PROPRIETAIRE , s'il est etabli qu'il a permis 1'exploitation d'un VEHICULE DE LOCATION sans d&tenir une police d'assurance valide qui respecte en tous points les conditions d'assurance prescrites dans le pr&sent ARRETE, cc qui entraine une perte d'admissibilit& a d&tenir un PERMIS en vertu du pr&sent ARRETE pour une p&riode de deux ans a partir de la date ou 1'INSPECTEUR d6couvre cette information. g) nonobstant les paragraphes 5a) a f), ci-haut, si un EXPLOITANT a un comportement violent, mena�ant ou intimidant envers un passager, un membre du public ou un autre d&tenteur de PERMIs en vertu du pr&sent ARRETE, alors qu'il est en service, qui fait en sorte que 1'INSPECTEUR OU 1'INSPECTEUR ADJOINT, selon le cas, conclut que son service continu en taut qu' EXPLOITANT de TAXI, de to the health and safety of a passenger, a member of the public or another licensee under this By- law, the Inspector or Assistant Inspector shall have the authority to temporarily suspend such License until such time that the charges respecting the violent, threatening or intimidating on -duty conduct towards a passenger, member of the public or another licensee under this By-law are either proven or disproven in court without further successful appeal. In circumstances where such charges are proven in court without further successful appeal, the duration of the Operator's suspension shall correspond with subsections 5(a) or (b) as the case may be. Should the event giving rise to the temporary suspension not become the subject of charges, the temporary suspension shall be deemed to have been lifted upon the decision of the Crown not to pursue charges and notice of this decision shall be communicated to the Operator by the Inspector or Assistant Inspector as the case may be. h) in the case of an Owner or Operator found to have used or permitted to be used a Taxicab as a Limousine or a Limousine as a Taxicab, such License shall carry with it a two (2) year disqualification from holding a license under this By-law commencing on the date of LIMOUSINE ou de VEHICULE DE TOURISME presente un danger serieux et immediat pour la sante et la securite d'un passager, d'un membre du public ou d'un autre detenteur de PERMIs en vertu du present ARRETE, L'INSPECTEUR OU L'INSPECTEUR ADJOINT a 1' autorite de suspendre temporairement ledit PERMIS jusqu'a ce que les accusations relatives au comportement violent, menagant ou intimidant envers un passager, un membre du public ou un autre detenteur de PERMIs en vertu du present ARRETE, alors qu'il est en service, soient prouvees ou refutees en cour sans etre renversees en appel. Dans les circonstances ou de telles accusations soot prouvees en cour sans etre renversees en appel, la duree de la suspension de 1'EXPLOITANT correspond aux paragraphes 5a) ou b), selon le cas. Si 1' evenement qui a mene a la suspension temporaire ne donne pas lieu a des accusations, la suspension temporaire est consideree etre levee des la decision de la Couronne de ne pas deposer des accusations et un avis de cette decision est communiquee a 1'EXPLOITANT par L'INSPECTEUR OU L'INSPECTEUR ADJOINT, selon le cas. h) s'il est etabli qu'un PROPRIETAIRE OU un EXPLOITANT a utilise ou a permis l'utilisation d'un TAXI comme LIMOUSINE ou d'une LIMOUSINE comme TAXI, cc qui entraine une perte d'admissibilite a detenir un PERMIS en vertu du present ARRETE, pour une periode de deux ans, a partir de la date ou -19 - discovery by the Inspector. 1'INSPECTEUR decouvre cette information; Duties of the Inspector 6(1) The duties of the Inspector include: (a) the general control, supervision and direction of any person who has been designated to act as the Assistant Inspector; (b) issuing, suspending and revoking Licenses in accordance with this By-law; (c) verifying that a person who has applied for a License under this By-law has complied with the Educational Requirements, which are outlined and described in Schedule "A" to this By-law; (d) upon receiving an application for a License or receiving a complaint, making or causing to be made inquiries to police authorities and motor vehicle authorities to confirm that a person is not disqualified from obtaining or holding a License under this By- law; (e) upon receiving a complaint, and at such other times as he may consider expedient for the administration or enforcement of this By-law, inspecting Vehicles for Hire to determine: EcM1[.1 Fonctions de l'INSPECTEUR 6(1) L'INSPECTEUR exerce les fonctions suivantes : a) it controle, surveille et dirige toute personae designee a titre d' INSPECTEUR ADJOINT; b) it delivre, suspend et revoque les PERMIS conformement au present ARRETE; c) it verifie qu'un individu, qui a depose une demande de PERMIS en vertu du present ARRETE, se conforme aux EXIGENCES EN MATIERE D' EDUCATION defines et decrites a 1'annexe « A » du present ARRETE; d) a la reception d'une demande de PERMIS ou d'une plainte, it mene ou fait mener des enquetes aupres des autorites policieres et des autorites chargees de la direction des vehicules a moteur afire de confirmer qu'une personne n'est pas inadmissible a obtenir ou detenir un PERMIS en vertu du present ARRETE; e) a la reception d'une plainte et a tout autre moment ou it le juge utile pour l'application ou 1'execution du present ARRETE, it inspecte les VPHICULES DE LOCATION pour s' assurer : -20- i) that they are clean; ii) that the registration plate, the Owner's License, the Operator's License, the decals showing the applicable provisions of Schedule "B" and the identification decals are being displayed in accordance with this By- law and the Motor Vehicle Act; (f) keeping a register that includes a list of all Licenses that have been granted or suspended or cancelled under this By-law, the name and address of each applicant, the fees that have been paid for Licenses, the particulars of the identification decals issued for the Vehicle for Hire, and a full description of each Vehicle for Hire for which a License is issued, including its make, model, year and colour; (g) furnishing a copy of the By-law to each person who receives a License under this By-law; (h) examining or causing to be examined every motor vehicle for which a License is requested under this By-law to confirm; (i) that it is displaying both a current registration plate and a Certificate of Inspection that was i) qu'ils sont propres, ii) que la plaque d'immatriculation, le PERMIS DE PROPRIETAIRE le PERMIS D'EXPLOITANT et les vignettes repr&sentant les dispositions applicables de 1' annexe « B » et les vignettes d'identification soot affich&s conform&ment au present ARRETE et a la Loi suR LES VEHicuLES A MOTEUR; f) it tient un registre indiquant tous les PERMIS qui ont &t& accord&S, suspendus ou annul&s en vertu du present ARRETE, les nom et adresse de chaque auteur d'une demande, les droits pay&s a 1' &gard des PERMIS et les details relatifs aux vignettes d'identification d&livr&es a 1'6gard du VPIICULE DE LOCATION et comportant une description complete de chaque VPI ICULE DE LOCATION pour lequel un PERMIS est d&llvr&, y compris sa marque, son mod&le, son ann&e et sa couleur; g) it remet une copie du present ARRETE a chaque personae qui re�oit un PERMIS en vertu de celui- ci; h) it examine ou fait examiner chaque v&hicule a moteur a 1' egard duquel un PERMIS est demand& en vertu du pr&sent ARRETE afire de confirmer : (i) que soot appos&s sur celui-ci une plaque d'immatriculation en cours de validit& et un CERTIFICAT -21 - issued for it not more than thirty (30) days before the date on the application, and (ii) that it is free of exterior body damage and is clean and neat both inside and outside. 6(2) An Assistant Inspector shall carry out the duties of the Inspector in the event that the Inspector is unable to do so because of injury, sickness, being on holiday, being out of the City, or for any other reasonable cause, and shall report to the Inspector with respect to the performance of such duties. Operation of Vehicle for Hire Prohibited D'INSPECTION delivre pas plus de trente j ours avant la date de la demande, (ii) que sa carrosserie n'est pas endommagee et qu'il est propre tant a l'interieur qu'a 1'exterieur. 6(2) Un INSPECTEUR ADJOINT accomplit les taches de 1'INSPECTEUR lorsque cc dernier est incapable de le faire en raison d'une blessure, de maladie, parce qu'il est en vacances ou a 1' exterieur de la MUNICIPALITE, ou pour toute autre cause raisonnable. 11 fait rapport a 1' INSPECTEUR relativement a 1' accomplissement de ces taches. Interdiction 7 No person shall operate a motor vehicle 7. 11 est interdit d'exploiter un vehicule a as a Vehicle for Hire within the City unless: moteur comme VPI ICULE DE LOCATION a l'interieur de la MUNICIPALITE a moires que les conditions suivantes ne soient reunies : (a) he is in possession of a valid Operator's License; (b) a valid Owner's License has been issued for the Vehicle for Hire and is displayed as provided herein; (c) a Certificate of Inspection that has not expired is displayed on the windshield of the motor vehicle; and (d) identification decals and the decals showing the applicable provisions of Schedule "B" issued by the Inspector for that Vehicle for Hire are securely affixed to the upper left EcM1E:3 a) 1'EXPLOITANT poss&de un PERMIS D'EXPLOITANT valide; b) un PERMIS DE PROPRIETAIRE valide a ete delivre a 1' egard du VPIiICULE DE LOCATION et est affiche conformement aux dispositions du present ARRETE; C) un CERTIFICAT D'INSPECTION qui n'a pas expire est appose sur le pare - brise du vehicule a moteur; d) des vignettes d'identification et les vignettes affichant les dispositions -22 - comer 22 - corner of its rear window and to the window of each of its rear doors. Operator's License 8(1) An application for an Operator's License shall be submitted to the Inspector at 55 McDonald St, Saint John, NB E2J OC7, on the form developed and provided by the Inspector for such purpose. Operator's Licenses that are issued may be picked up at that location. As is noted under the definition of License herein, more than one type of License may be held under this By-law provided that the applicable fee is paid for each application and all of the criteria applicable to each License has been met, subject to the exception that a vehicle cannot be used as both a Taxicab and a Limousine. 8(2) The Inspector shall issue an Operator's License to an applicant if he is satisfied that the applicant: (a) has truthfully completed the application form; (b) has submitted to and passed a Vulnerable Sectors Check; (c) has paid the Operator's License fee of fifty dollars ($50.00); (d) has established that he is at least nineteen (19) years of age; Kt�7 applicables de 1' annexe « B » delivrees par 1'INSPECTEUR a 1' egard du VEHICULE DE LOCATION soot solidement collees au coin superieur gauche de la lunette arriere et sur la vitre de chacune des portes arriere. Permis d'EXPLOITANT 8(1) La demande de PERMIS D'EXPLOITANT est presentee a 1'INSPECTEUR a 55 rue McDonald, Saint John, N -B E2J OC7, au moyen du formulaire con�u et fourni par 1'INSPECTEUR a cet effet. Les PERMIS D'EXPLOITANT delivres peuvent etre ramass&s A cet endroit. Comme decrit dans la definition de PERMIs au present ARRETE, plus d'un type de PERMIS peut etre detenu en vertu du present ARRETE, pourvu que les droits applicables soient payes pour chaque demande et que toutes les conditions associees a chaque PERMIS soot remplies, sous reserve de 1'exception qu'un vehicule ne peut pas etre utilise comme TAXI et LIMOUSINE. 8(2) L'INSPECTEUR delivre un PERMIS D'EXPLOITANT a la personae qui le demande lorsqu'il est convaincu qu'elle : a) a veridiquement rempli le formulaire de demande; b) s'est soumise et a passe avec succes la verification des antecedents en vue d'un travail aupres de personnes vulnerables; c) a acquitte le droit de PERMIS D'EXPLOITANT de cinquante dollars; -23- (e) has established that he has a d) a prouve qu' elle est Agee d' au minimum of two (2) years licensed moires dix-neuf ans; driving experience; e) a prouve qu' elle compte au (f) holds a current valid driver's moires deux annees d'experience license that has been issued to him de conduite; under the Motor Vehicle Act with a minimum of four (4) points f) detient un permis de conduire remaining, which authorizes him to en cours de validite, avec un operate the type of Vehicle for Hire minimum de quatre points, qui in question to which the License lui a ete delivre sous le regime being sought under the By-law de la Loi SUR LES vEHICULEs A applies; mo=R, et qui 1'autorise a exploiter le type de VPI ICULE (g) is not a person who is disqualified DE LOCATION pour lequel la under this By-law from holding a demande de PERMIS prevue au License; present ARRETE a ete deposee; (h) has satisfactorily completed the g) n'est pas inadmissible en vertu educational/training program, as du present ARRETE a detenir un prescribed by Schedule "A". PERMIS; h) a complete avec succes le programme d'education et de formation, tel que prescrit a 1' annexe « A ». 8(3) The fee for an Operator's License is 8(3) Le droit afferent au PERMIS fifty ($50.00) dollars. WEXPLOITANT est de cinquante dollars. 8(4) An Operator's License issued under this By-law expires at 11:59 p.m. on the Operator's next birthday. 8(5) An Operator whose Operator's License has been lost or accidentally destroyed may apply for and obtain from the Inspector at 55 McDonald St, Saint John, NB E2J OC7 a replacement upon the payment of an administration fee of fifteen ($15.00) dollars. M1191 8(4) Le PERMIS WEXPLOITANT delivre en vertu du present ARRETE expire a 23 h 59 le jour du prochain anniversaire de naissance de I' EXPLOITANT. 8(5) L'EXPLOITANT dont le PERMIS WEXPLOITANT a ete perdu ou detruit accidentellement peut presenter une demande a 1'INSPECTEUR, a 55 rue McDonald, Saint John, N -B E2J OC7, en vue d' obtenir un nouveau PERMIS sur paiement des frais d'administration de quinze dollars. -24 - Obligations of an Operator 9. An Operator shall : (a) notify the Inspector, in writing, prior to changing his employment or affiliation from one Owner to another Owner, and pay to the Inspector an administration fee of $15.00; (b) not use abusive, insulting or obscene language while operating a Vehicle for Hire; Obligations de 1'EXPLOITANT 9. L'EXPLOITANT : a) avise par 6crit 1'INSPECTEUR avant de cesser de travailler pour un PROPRIETAIRE ou de cesser son affiliation a celui-ci et de commencer a travailler pour un autre PROPRIETAIRE ou de s'affilier a celui-ci, et paie a 1'INSPECTEUR des frais d'administration de quinze dollars; b) s'abstient d'utiliser un langage (c) be neat, clean and courteous while offensant, insultant ou obscene pendant operating a Vehicle for Hire; qu'il exploite un VPI ICULE DE LOCATION; (d) allow only paying passengers to occupy the Vehicle for Hire while c) a une apparence propre et soignee et it is being operated as a Vehicle for fait preuve de courtoisie pendant qu'il Hire or is in service; exploite un VPI ICULE DE LOCATION; (e) subject to the directions of police d) permet uniquement aux passagers officers or of traffic control devices payants d'occuper le VPI ICULE DE or the customer, proceed by the LOCATION pendant qu'il est exploite a shortest legal route from the pick- cc titre ou est en service en attente up point to the destination point; d' appel; (f) display his License in the Vehicle e) for Hire that he is operating in a position where the License can be easily seen by passengers, and allow them to inspect it; (g) allow any member of the Saint John Police Force or Saint John Transit Commission, at all reasonable times, to inspect the Vehicle for Hire, his Operator's License, the Owner's License, the Taxicab Meter used to calculate Metered Rates (if applicable), the 351 sous reserve des dispositifs de regulation de la circulation ou des directives des agents de police ou du client, emploie le chemin le plus court pour se rendre du point de depart au point de destination; f) affiche son PERMIs dans le VPI ICULE DE LOCATION qu'il exploite a un endroit ou les passagers peuvent facilement le voir et permet a ceux-ci de 1'inspecter; g) permet a toute heure raisonnable a tout membre du Service de police de Saint -25 - decals showing the applicable provisions of Schedule "B" and the identification decals that are displayed in or upon the Vehicle for Hire; (h) subject to requesting and receiving the permission of his passenger, not pick up any other passenger; (i) not be on duty for more than twelve (12) hours in any twenty- four (24) hour period; (j) permit any person wishing to hire his Vehicle for Hire to inspect his Operator's License and the Owner's License; (k) in the case of a Taxicab, not refuse to transport a person for hire while he is on duty unless : i. he is previously engaged; or ii. he is of the opinion that the person may cause him personal injury or may cause damage to his vehicle; or iii. the person wishing to hire the Taxicab is not able to satisfy the Operator that the fare will be paid; (1) Not stop, stand or park his Taxicab or Limousine on a public street (other than at a Taxicab Standby in the case of a Taxicab) unless he is picking up or dropping off a RM John ou de la COMMISSION DE TRANSPORT DE SAINT JOHN d'inspecter le VEHICULE DE LOCATION, Son PERMIS D'EXPLOITANT, le PERMIS DE PROPRIETAIRE, le TAXIMETRE utiliS& pour calculer les tarifs (si applicable), les vignettes affichant les dispositions applicables de 1' annexe « B »et les vignettes d'identification appos&es dans le VEHICULE DE LOCATION ou Sur celui- ci; h) s'abstient de prendre un autre passager a moins d'avoir pr&alablement demand& et obtenu 1'autorisation de son passager W i) ne peut etre en service pendant plus de douze heures au cours d'une p&riode de vingt-quatre heures; j) permet a toute personae qui desire retenir les services de son VEHICULE DE LOCATION d'inspecter son PERMIS D'EXPLOITANT ainsi que le PERMIS DE PROPRIETAIRE; k) dans le cas d'un TAXI s'abstient de refuser de transporter une personae contre remuneration pendant qu'il est en service, a moires que i. ses services ne soient d&ja retenus; ou ii. it estime que la personae pourrait lui causer des blessures ou endommager son v&hicule; ou iii. la personae qui desire retenir ses services ne soit pas en mesure de le convaincre que le prix de la course sera pay&; -26 - passenger and, if applicable, his luggage; (m)In the case of a Taxicab, at all times during which a Taxicab is available for hire, except for when a Taxicab is occupied by a passenger or passengers for which a Contract Rate or Hourly Rate fare is being paid pursuant to the terms of this By-law, the roof light shall be on which shall signify its availability for hire; (n) Comply with notices that are issued to him by the Inspector with respect to violations of this By-law; (o) While on duty, wear a shirt with a collar, long dress pants, and shoes and socks. (p) In all circumstances in which a Taxicab Meter must be used to calculate a fare pursuant to the provisions of this By-law, the Taxicab Meter shall not be started until all passengers are inside the Taxicab and all doors of the Taxicab are closed and shall be stopped immediately upon the Taxicab having come to a complete stop at the destination of the passenger or passengers. (q) Shall, in no circumstances in which a Taxicab Meter must be used to calculate a fare pursuant to the provisions of this By-law, charge a RM 1) s'abstient d'arreter, d'immobiliser ou de stationner son TAXI ou sa LIMOUSINE sur une rue publique (autre qu'un POSTE DE TAXIS DANS LE CAS D'UN TAXI), sauf pour faire monter ou descendre un passager et charger ou d&charger ses bagages, le cas &ch&ant; m) dans le cas d'un TAXI, en tout temps lorsque le TAXI est disponible pour le transport de passagers, sauf lorsqu'un TAXI est occup& par un ou des passagers pour lequel ou lesquels le prix d'une course determine par TARIF CONTRACTUEL ou par TARIF HORAIRE est pay& en vertu des modalit&s du pr&sent ARRETE, 1'enseigne lumineuse sur le toit est allum&e, cc qui indique qu'il est disponible pour le transport des passagers ; n) se conforme aux avis que lui remet 1'INSPECTEUR relativement a des infractions au pr&sent ARRETE; o) pendant qu'il travaille, porte une chemise, des pantalons propres, des souliers et des has. p) Dans toutes les circonstances ou un TAXIMETRE Boit etre utilis& pour calculer le prix d'une course en vertu des dispositions du pr&sent ARRETE, le TAXIMETRE n'est pas d&marr& avant que tous les passagers soient a l'int&rieur du TAXI et que toutes les portes du TAXI soient ferm&es et est imm&diatement arret& lorsque le TAXI est immobilis& une fois que le ou les passagers soot arriv&s a destination. q) en aucun cas, lorsqu'un TAXIMETRE Boit etre utilis& pour calculer le prix -27 - passenger or passengers a fare that is either higher or lower than the fare which has been calculated using the Taxicab Meter. (r) Shall, in no circumstances, tamper or otherwise interfere with the Inspector's calibration of a Taxicab Meter or break, damage or otherwise interfere with the seal affixed to the Taxicab Meter by the Inspector at the time of inspection or calibration. Any broken or damaged seal on a Taxicab Meter shall be prima facie evidence regarding whether the Taxicab Meter has been tampered or otherwise interfered with. Notwithstanding the foregoing, in any circumstance where the seal affixed to the Taxicab Meter by the Inspector at the time of inspection or calibration becomes damaged or broken by accident or inadvertence on the part of a driver or passenger or as a consequence of wear and tear over time, which seal should be examined daily by the Operator, the Operator is under a positive obligation to immediately notify the Inspector so that a follow-up inspection is performed and, if necessary, a recalibration of the Taxicab Meter is carried out by the Inspector in order to protect the integrity of the Taxicab Meter and passengers. d'une course en vertu des dispositions du present ARRETE, n'impose au passager ou aux passagers un prix qui est sup&rieur ou inf&rieur au prix qui a W calcul& par le TAXIMETRE. r) en aucun cas, n'alt&re ou autrement ne porte atteinte au calibrage d'un TAXIMETRE effectu& par l'INSPECTEUR , ou ne brise ou n'endommage ou autrement ne porte atteinte au sceau appos& all TAXIMETRE par l'INSPECTEUR lors de l'inspection ou du calibrage. Tout sceau bris& ou endommag& constitue une preuve prima facie que le TAXIMETRE a &t& alter& ou qu' on y a port& atteinte. Nonobstant cc qui pr&cede, quelles que soient les circonstances ou le sceau appos& au TAXIMETRE par l'INSPECTEUR, au moment de l'inspection ou du calibrage, devient endommag& ou bris& par accident ou par inadvertance de la part d'un conducteur ou d'un passager ou en consequence de l'usure normale, ledit sceau qui devrait etre examin& quotidiennement par 1'EXPLOITANT, 1'EXPLOITANT est dans 1'obligation positive d'aviser imm&diatement l'INSPECTEUR afin qu'une inspection de suivi puisse etre effectu&e et, si necessaire, un nouveau calibrage du TAXIMETRE soit effectu& par l'INSPECTEUR afin de prot&ger l'int&grit& du TAXIMETRE et des passagers. IME Conditions of Use of Motor Vehicle as a Modalites d'utilisation d'un vehicule a Vehicle for Hire moteur comme VEHICULE DE 10(1) No person shall permit a motor vehicle owned by him to be used as a Vehicle for Hire within the City unless: (a) he has a valid Owner's License for the Vehicle for Hire and the License is displayed in the Vehicle for Hire in a position where it can be easily seen and inspected by a passenger; LOCATION 10(1) 11 est interdit au PROPRIETAIRE d'un vehicule a moteur de permettre que son vehicule soit utilise comme VEHICULE DE LOCATION a l'int&rieur de la MUNICIPALITE a moires que les conditions suivantes ne soient r&unies : a) it est titulaire d'un PERMIS DE PROPRIETAIRE valide a 1' &gard du VEHICULE DE LOCATION et cc PERMIS est affich& a l'int&rieur du VEHICULE DE LOCATION a un endroit ou it peut facilement etre vu et inspect& par les (b) the Operator is in possession of a valid Operator's License and a current valid b) driver's license under the Motor Vehicle Act which permits him to drive the type of Vehicle for Hire in question; (c) the Vehicle for Hire bears a validly issued and registered « H plate » license plate or « L plate » license plate, as c) applicable, issued under the Motor Vehicle Act; (d) in the case of a Taxicab, a registered, calibrated and sealed Taxicab Meter, which has been installed by the Owner and programmed and calibrated in accordance with Schedule "B" to this By-law, which has been inspected by the Inspector; (e) Schedule "B" to this By-law, which shall be subject to review on an annual basis by the Board of Commissioners of the Saint John Transit Commission, is KIR passagers ; 1'EXPLOITANT est titulaire d'un PERMIS D'EXPLOITANT valide et d'un permis de conduire valide et en vigueur d&livr& sous le r&gime de la Loi SuR LEs vEHICVLEs A MoTEVR qui lui conf&re le droit de conduire le type de VEHICULE DE LOCATION en question; le VEHICULE DE LOCATION porte une plaque d'immatriculation « H » ou L », selon le cas, validement enregistr&e et &mise conform&ment a la LOI svR LES vEHICVLEs A moTEVR; d) dans le cas d'un TAXI, le v&hicule est muni d'un TAXIMETRE enregistr&, calibr& et scell&, qui a W install& par le PROPRIETAIRE, programm& et calibr& conform&ment a 1' annexe « B » du pr&sent ARRETE et inspect& par L' INSPECTEUR; e) L' annexe « B » du pr&sent ARRETE, qui Boit etre soumise a une revision -29 - securely affixed to the rear driver's side window of the Vehicle for Hire so that it can be easily seen and read by persons entering the Vehicle for Hire; (f) identification decals issued by the Inspector for that Vehicle for Hire are securely affixed to the upper left corner of its rear window and to the window of each of its front doors; (g) subject to section 15, and in the case of a Taxicab only, a sign is attached to the roof while it is being used as a Taxicab. The sign shall indicate that the motor vehicle is a Taxicab, and shall be illuminated only while the Taxicab is available for hire. The Taxicab Meter shall be connected at all times to the roof sign of the Taxicab in which it is installed in such a way that when the Taxicab Meter is in use, the roof sign shall not be illuminated and when the Taxicab Meter is not in use, the roof sign shall be illuminated. Whether the roof sign is or is not illuminated while a Taxicab is occupied by a passenger or passengers shall be prima facie evidence regarding whether the Taxicab Meter is or is not in use at any particular time. At all times, the illuminated roof sign shall be free of obstructions and maintained in good working order by the Owner, complete with a functioning/operable light", with such requirement taking effect on May 31st 2018; annuelle par le conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN est solidement coli&e sur la vitre de la porte arri&re du cote du conducteur du VEHICULE DE LOCATION de fa�on a cc que les personnes qui entreat dans le VEHICULE DE LOCATION puissent facilement la voir et la lire; f) des vignettes d'identification d&livr&es par 1'INSPECTEUR a 1'6gard du VEHICULE DE LOCATION soot colt&es solidement au coin sup&rieur gauche de la lunette arriere et sur la vitre de chacune des portes avant; g) sous reserve de Particle 15, et uniquement dans le cas d'un TAXI, une enseigne est fix&e sur le toit du v&hicule pendant qu'il est utilise comme TAXI. L' enseigne indique que le vehicule a moteur est un TAXI et est illumin&e uniquement pendant que le vehicule est disponible a cette fin. Le TAXIMETRE est branch& en tout temps a 1'enseigne lumineuse sur le toit du TAXI dans lequel it est place, d'une maniere a cc que lorsque le TAXIMETRE est en service, 1'enseigne lumineuse sur le toit soit &teinte, et lorsqu'il n'est pas en service, 1'enseigne lumineuse sur le toit soit allum&e. Que 1'enseigne lumineuse sur le toit soit allumee ou eteinte lorsqu'un ou des passagers se trouvent dans le TAXI constitue une preuve prima facie selon laquelle, a quelque moment que cc soit, le TAXIMETRE est ou n'est pas en service. En tout temps, 1'enseigne lumineuse sur le toit est libre de toute obstruction et elle est gard&e en bon &tat de fonctionnement par le PROPRIETAIRE, avec une luml&re -30- (h) in the case of a Taxicab, the motor vehicle has a minimum of four (4) doors and is powered by an engine with a minimum four (4) cylinders; (i) in the case of a Taxicab, the motor vehicle, by reference to the Vehicle Identification Number (VIN) and any other identifying information, is at the time of licensing under this By-law: (i) in 2018, eight (8) years old or newer; (ii) in 2019 and all subsequent years , seven (7) years old or newer; (j) in the case of a Taxicab, notwithstanding paragraph (i) above, motor vehicles that have been customized to serve as wheelchair accessible Taxicabs shall, at the time of licensing under this By-law, be twelve (12) years old or newer; 10(2) A fully functioning and calibrated Taxicab Meter programmed in accordance with Schedule "B" shall be installed and in operation in every Taxicab in the City. Owner's License utilisable qui fonctionne », ladite exigence entrant en vigueur le 31 mai 2018; h) dans le cas d'un TAXI, le v&hicule a moteur est muni d'au moins quatre portes et est aliment& par un moteur d' au moins quatre cylindres; i) dans le cas d'un TAXI, le v&hicule a moteur, en s'y r&f&rant par son num&ro d'identification du vehicule (NIV) et par toute autre information permettant de l'identifier, a au moment ou le PERMIs est d&livr& en vertu du pr&sent ARRETE, (i) en 2018, au plus 8 ans; (ii) en 2019, et pour toute ann&e subs&quente, au plus 7 ans; j) dans le cas d'un TAXI, nonobstant l' alin&a i) plus haut, les v&hicules a moteur qui ont W adapt&s pour permettre 1'acc&s aux fauteuils roulants doivent, lors de l'obtention du PERMIS en vertu du pr&sent ARRETE, avoir W fabriqu&s au cours des douze derni&res ann&es; 10(2) Un TAXIMETRE pleinement fonctionne) et calibr&, programm& conform&ment a 1' annexe « B », devra etre install& et en fonction dans tous les TAXIS de la MUNICIPALITE. FERMIS DE PROPRIETAIRE 11(1) An application for an Owner's License 11(1) La demande de PERMIS DE shall be submitted to the Inspector at 55 PROPRIETAIRE est pr&sent&e a BUFA -31 - McDonald St, Saint John, NB E2J OC7, on the form developed and provided by the Inspector for such purpose. Owner's Licenses that are issued may be picked up at that location. As is noted under the definition of License herein, more than one type of License may be held under this By-law provided that the applicable fee is paid for each application and all of the criteria applicable to each License has been met, subject to the exception that a vehicle cannot be used as both a Taxicab and a Limousine. 11(2) The Inspector shall issue to the applicant an Owner's License, identification decals and decals showing the applicable provisions of Schedule "B" of this By-law to an applicant for his motor vehicle if the Inspector is satisfied that : (a) the applicant has truthfully completed and submitted the applicable application form to him; l'INSPECTEUR 55 rue McDonald, Saint John, N -B E2J OC7, au moyen du formulaire con�u et fourni par l'INSPECTEUR a cet effet. Les PERMIS DE PROPRIETAIRE delivres peuvent etre ramasses a cet endroit. Comme decrit dans la definition de PERMIs au present ARRETE, plus d'un type de PERMIS peut etre detenu en vertu du present ARRETE, pourvu que les droits applicables soient payes pour chaque demande et que toutes les conditions associees a chaque PERMIS soient remplies, sous reserve de 1'exception qu'un vehicule ne puisse pas etre utilise comme TAXI et LIMOUSINE. 11(2) L'INSPECTEUR delivre a la personae qui le demande, pour son vehicule a moteur, un PERMIS DE PROPRIETAIRE, des vignettes d'identification et des vignettes affichant les dispositions applicables de 1' annexe « B » du present ARRETE, lorsqu'il est convaincu de ce qui suit : a) elle a veridiquement rempli le formulaire de demande applicable et le lui a remis; (b) the Vehicle for Hire is appropriately and b) correctly registered for the current year under the Motor Vehicle Act for the applicable use, and displays the appropriate registration as well as a motor vehicle Certificate of Inspection that was issued not more than thirty (30) days before the date on the application; (c) the applicant has property damage and public liability insurance coverage on the Vehicle for Hire in the name of the MIRII:3 le VEHICULE DE LOCATION est adequatement et convenablement immatricule pour 1' annee en cours sous le regime de la -Loi SuR LEs vtHicnEsA MoTEuR en vue de son utilisation prevue et affiche les preuves d'immatriculation pertinentes ainsi qu'un CERTIFICAT D'INSPECTION qui a ete delivre trente j ours au plus avant la date de la demande; c) elle a obtenu, d'un assureur titulaire d'une licence delivree par la province du Nouveau -Brunswick, au nom du -32 - registered 32 - registered OWNER of that motor vehicle in the amount of at least $1,000,000.00 from an insurance company that is licensed to carry on business in New Brunswick or, in the case of a Limousine or a Sightseeing Vehicle, the minimum amount of insurance coverage that is required under legislation or regulation of the Province of New Brunswick, as amended from time to time; (d) the certificate of insurance evidencing the insurance coverage stipulated pursuant to paragraph (c) above shall also state that the insurer shall advise the Inspector in writing of any changes to, or cancellation of, the insurance coverage not less than thirty (30) days before such changes or cancellation are to take effect; (e) neither the applicant nor an officer or a director of an applicant is disqualified from holding a License under this By- law; (f) the fee in the amount of one hundred and fifty ($150.00) dollars has been paid per Vehicle for Hire; (g) neither the applicant nor an officer or a director of the applicant is less than nineteen (19) years of age. 11(3) If a Vehicle for Hire is taken out of service voluntarily or by order of the Inspector, all applicable processes and fees contemplated under this By-law shall apply. M116.1 PROPRIETAIRE du vehicule a moteur, une assurance contre les dommages materiels et la responsabilite civile a raison d'une somme minimale de 1 000 000 $ a 1'egard du VEHICULE DE LOCATION ou, dans le cas d'une LIMOUSINE ou d'un VEHICULE DE TOURISME, le montant minimal de couverture d'assurance requis en vertu des lois et reglements de la province du Nouveau -Brunswick, tels que modifies de temps a autre; d) le certificat d'assurance qui prouve la couverture d'assurance conformement a l'alinea c) plus haut Boit aussi indiquer que 1'assureur doit informer, par ecrit, 1'INSPECTEUR, de tout changement ou de 1' annulation de la couverture d'assurance, au moins trente j ours avant que les changements ou l'annulation entrent en vigueur. e) ni elle, ni un dirigeant ou administrateur de son entreprise n'est inadmissible a detenir un PERMIs en vertu du present ARRETE; f) le droit de cent cinquante dollars a ete acquitte par VEHICULE DE LOCATION; g) ni elle, ni un dirigeant ou administrateur de son entreprise ne sont ages de moires de dix-neuf ans. 11(3) Si un VEHICULE DE LOCATION est mis hors service, volontairement ou a la demande de 1'INSPECTEUR, tous les processus et droits applicables vises par le present ARRETE, s' appliqueront. -33 - Obligations of Owner's License Holder 12(1) The holder of an Owner's License shall (a) promptly notify the Inspector, in writing, as to : i. the name and address of any person who will be operating the Vehicle for Hire; ii. the name and address of any Operator who has left his employment during the previous five (5) business days; iii. the particulars of any registration plate which has been issued by the Province of New Brunswick for the Vehicle for Hire; iv. the sale of a motor vehicle which has been used as a Vehicle for Hire. (b) ensure that the Vehicle for Hire is free of exterior body damage, and, subject to weather conditions, is in a clean condition both inside and outside, is, at all times, in safe working order, which shall include but not be limited to tires with a tread depth not less than that 191091 Obligations du titulaire d'un PERMIS DE PROPRIETAIRE 12(1) Le titulaire d'un PERIVIIS DE PROPRIETAIRE : a) remet sans d&lai a 1'INSPECTEUR un avis &crit indiquant : i. le nom et 1' adresse de toute personae qui exploitera le VEHICULE DE LOCATION; ii. le nom et 1' adresse de tout EXPLOITANT qui a quitt& son emploi au cours des cinq j ours ouvrables precedents; iii. les details de toute plaque d'immatriculation d&livr&e par la province du Nouveau -Brunswick a 1'6gard du VEHICULE DE LOCATION; iv. la vente d'un v&hicule a moteur qui a W utilise comme VEHICULE DE LOCATION. b) veille a cc que la carrosserie ne soit pas endommag&e et a cc que le VEHICULE DE LOCATION soit propre tant a l'int&rieur qu'a 1'ext6rieur, sous reserve des conditions m&t&orologiques, est, en tout temps, en bon &tat de fonctionnement, cc qui inclut sans s'y limiter les pneus dont -34 - stipulated under the Motor Vehicle Act la profondeur de la rainure n' est or its corresponding Regulations ; pas inferieure aux specifications prevues dans la Loi SuR LEs VEHicuLEs A moTEuR ou ses (c) in the case of a Taxicab, ensure that the reglements correspondants; Taxicab is seven years old or newer having regard to paragraph 10(1)(i) c) dans le cas d'un TAXI, veille a cc que le TAXI ait au plus sept hereof; ans, eu egard a 1' alinea 10(1)i); (d) provide the Inspector with a copy of d) remet a 1'INSPECTEUR une copie each Certificate of Inspection issued for de chaque CERTIFICAT a Vehicle for Hire within ten (10) days D'INSPECTION delivre a 1'egard of receiving it; d'un VEHICULE DE LOCATION dans les dix jours suivant sa reception; (e) not permit an Operator to operate a Vehicle for Hire or Vehicles for Hire on e) ne permet pas a un EXPLOITANT his behalf for more than twelve (12) d'exploiter un ou des hours in any twenty-four (24) hour VEHICULES DE LOCATION pour period; son compte pendant plus de douze heures au cours d une periode de vingt-quatre heures; (f) maintain the required insurance coverage specified in section 11 hereof f) maintient 1'assurance exigee, until the owner ceases using the motor prevue a Particle 11, jusqu'a ce vehicle as a Vehicle for Hire; qu'il cesse d'utiliser le vehicule A moteur comme VEHICULE DE (g) allow any member of the Saint John LOCATION; Police Force or the Saint John Transit Commission to inspect his Vehicle for g) permet a tout membre du Service de police de Saint John Hire at any reasonable time; ou de la COMMISSION DE TRANSPORT DE SAINT JOHN d'inspecter son VEHICULE DE (h) comply with notices issued to him by LOCATION a toute heure any member of the Saint John Police raisonnable; Force or by the Inspector with respect to a violation of this By-law. h) se conforme aux avis que lui remet un membre du Service de police de Saint John ou 1'INSPECTEUR relativement a une infraction au present ARRETE. -35- 12(2) The fee for an Owner's License is one hundred and fifty ($150.00) dollars for each Vehicle for Hire operated by the Owner. 12(3) An Owner's License issued under this By-law expires at 11:59p.m. on May 31st of the following year provided that at all times the Vehicle for Hire in question has a valid/unexpired motor vehicle registration under the Motor Vehicle Act. 12(4) An Owner whose Owner's License has been lost or accidentally destroyed shall, if he wishes to continue using the vehicle as a Vehicle for Hire, obtain a replacement from the Inspector upon the payment of a $15.00 fee. 12(5) An Owner's License may, upon the payment of a $15.00 fee to the Inspector, be transferred to a person who is not disqualified from holding a License under this By-law and has been approved for a Owner's License by the Inspector. 12(2) Le droit afferent au PERMIS DE PROPRIETAIRE est de cent cinquante dollars pour chaque VPI ICULE DE LOCATION exploit& par le PROPRIETAIRE. 12(3) Un PERMIS DE PROPRIETAIRE, d&livr& en vertu du pr&sent ARRETE, expire a 23 h 59 le 31 mai de 1'ann6e suivante, pourvu que ledit VPI ICULE DE LOCATION soit, en tout temps, pourvu d'une immatriculation pour v&hicule a moteur qui est valide et qui n'est pas expir&e, conform&ment a la Loi SUR LEs vEHIcnEs A MOTEUR. 12(4) Le PROPRIETAIRE dont le PERMIS DE PROPRIETAIRE a W perdu ou d&truit accidentellement et qui d&sire continuer a utiliser le v&hicule comme VPIICULE DE LOCATION obtient un nouveau PERMIS de 1'INSPECTEUR sur paiement des frais de quinze dollars. 12(5) Sur paiement des frais de quinze dollars a l'INSPECTEUR, le PERMIS DE PROPRIETAIRE peut etre transfers a une personne qui n' est pas inadmissible a d&tenir un PERMIS en vertu du pr&sent ARRETE et qui a obtenu 1'autorisation de 1'INSPECTEUR a d&tenir un PERMIS DE PROPRIETAIRE. Refusal to Issue, Suspension and Revocation Refus de delivrer un PERMIS et suspension et of License revocation des PERMIS 13. The Inspector, after having given the person an opportunity to appear before him to refute the information that the Inspector has before him, shall: (a) refuse to issue a License to a person who is disqualified from obtaining or holding a License under this By-law; 191M 13. Apr&s avoir Bonn& a la personne la possibilit& de comparaitre levant lui afire de r&futer les renseignements dont it est saisi, I'INSPECTEUR : a) refuse de d&livrer un PERMIS a une personne qui est inadmissible a obtenir ou a d&tenir un PERMIS en vertu du pr&sent ARRETE; -36- (b) suspend the License of a person who refuses or fails to comply with a notice issued by any member of the Saint John Police Force or the Inspector to comply with this By-law. The suspensions shall be three (3) consecutive business days upon a first refusal or failure, five (5) consecutive business days for a second refusal or failure, and seven (7) consecutive business days for a third or subsequent refusal or failure. For the purposes of this By-law a business day is any day other than a Saturday or a Sunday or one of the holidays set out in the New Brunswick Days of Rest Act; (c) cancel the License of any person who is or becomes disqualified from obtaining or holding a License under this By-law by virtue of any reason identified in section 5 hereof, (d) upon the refusal, suspension or cancellation of a License provide the person with a written notice which sets out the reasons for the decision. Judicial Review Appel b) suspend le PERMIS d'une personae qui refuse ou omet de se conformer a 1' avis que lui a remis un membre du Service de police de Saint John ou 1'INSPECTEUR relativement a une infraction au present ARRETE. La dur&e d'une suspension est de trois j ours ouvrables cons&cutifs en cas de premier refus ou omission, de cinq jours ouvrables cons&cutifs en cas de deuxi&me refus ou omission, et de sept jours ouvrables consecutifs en cas de refus ou d'omission subs&quents. Aux fins du present ARRETE, un jour ouvrable s' entend de toute journ&e autre qu'un samedi, un dimanche ou un jour f&ri& mentionn& dans la Loi sur les jours de repos du Nouveau - Brunswick; c) annule le PERMIs de toute personae qui est ou devient inadmissible a obtenir ou a d&tenir un PERMIs en vertu du present ARRETE pour toute raison mentionn&e a Particle 5; d) en cas de refus, de suspension ou d'annulation d'un PERMIS, remet a la personae vis&e un avis &crit &non�ant les motifs de la d&cision. 14. A person who has had his application 14. La personae dont la demande de for a License refused by the Inspector or has PERMIs a &t& refus&e par 1'INSPECTEUR, ou dont -37 - had his License suspended, cancelled or revoked by the Inspector, may apply to the Court of Queen's Bench of New Brunswick for Judicial Review of the written notice identified le PERMIS a W suspendu, annul& ou r&voqu& par cc dernier, peut interjeter appel de l'avis &crit mentionn& a Palin&a 13d), a la Cour du Banc de la Reine du Nouveau -Brunswick, dans in paragraph 13(d) hereof within ninety (90) les quatre-vingt-dix jours suivant la days of the service or deemed service of the signification r&elle ou r&put&e de l'avis de Inspector's written notice upon him Taxicab Standbys 15(1) Any Operator whose Taxicab is available for hire on the basis that the fare will be paid at the end of the trip may take a position in a Taxicab Standby when there is a vacancy. 15(2) An Operator entering a Taxicab Standby shall take the position at the rear of the last Taxicab in the Taxicab Standby. 15(3) Only the Taxicab that is in the front position at a Taxicab Standby shall accept passengers. 15(4) A Taxicab shall leave a Taxicab Standby as soon as it has accepted a passenger. 15(5) All Taxicabs in a Taxicab Standby shall move ahead when a Taxicab that is in front leaves. 15(6) No Owner or Operator of a Taxicab shall use a Taxicab Standby as a feeder for a stand that is located on private property. 15(7) No Operator of a Taxicab in a Taxicab Standby shall leave his Taxicab unattended in a Taxicab Standby or hinder or attempt to hinder another Taxicab from leaving a Taxicab Standby. l' INSPECTEUR. POSTES DE TAXIS 15(1) L'EXPLOITANT dont les services soot offerts contre r&mun&ration a la fin de la course peut occuper un emplacement inoccup& dans un POSTE DE TAXIS. 15(2) L'EXPLOITANT qui entre dans un POSTE DE TAXIS prend 1'emplacement a 1'arri&re du dernier TAXI dans le poste. 15(3) Seul le TAXI qui se trouve dans 1' emplacement a l' avant du POSTE DE TAXIS accepte des passagers. 15(4) Le TAXI quitte le POSTE DE TAXIS des qu'il a accept& un passager. 15(5) Les TAXIS qui se trouvent dans un POSTE DE TAXIS avancent des que le TAXI qui est en avant quitte le poste. 15(6) Il est interdit au PROPRIETAIRE OU a 1'EXPLOITANT d'un TAXI d'utiliser un POSTE DE TAXIS comme point d'alimentation pour un poste situ& sur une propriW priv&e. 15(7) AUCun EXPLOITANT de TAXI se trouvant dans un POSTE DE TAXIS ne laisse son v&hicule sans surveillance ni n' empeche ou ne tente d' empecher un autre TAXI de quitter le poste. Offences 16(1) A person who violates a provision of this By-law commits an offence and is liable upon conviction to a fine of not less than One Hundred and Forty ($140.00) Dollars and not more than Two Thousand One Hundred ($2,100.00) Dollars. 16(2) Any member of the Saint John Police Force, any member of the Saint John Police Commission, the Inspector and the Common Clerk are designated and authorized to lay Information in the Provincial Court with respect to violations of this By-law. 16(3) A person who has committed a violation of a provision of this By-law may, not later than seventy-two (72) hours prior to the time set for a court hearing, pay the Cashiers Office in City Hall the minimum administrative penalty prescribed herein and upon such payment he is not to be prosecuted or further prosecuted for that offence. The Saint John Transit Commission and the Annual Review of Schedule "B" 17(1) The Saint John Transit Commission shall be responsible for the day to day administration of this By-law and the Inspector and Assistant Inspector(s) shall be employees of the Saint John Transit Commission. 17(2) Each calendar year during the month of October, the Saint John Transit Commission shall issue a public notice to commence the annual review process respecting the rates prescribed for Taxicabs and Limousines in Schedule "B" to this By-law. Such notice Kl:61 Infractions 16(1) Quiconque contrevient au present ARRETE est coupable d'une infraction et passible, sur declaration de culpabilit&, d'une amende d'au moins cent quarante dollars et d' au plus deux mille cent dollars. 16(2) Un membre du Service de police de Saint John, un membre de la Commission de police de Saint John, FINSPECTEUR et le greffier communal soot les personnes designees pour deposer des d&nonciations devant la Cour provinciale a 1'6gard des infractions au present ARRETE et soot autoris&s A le faire. 16(3) Toute personae ayant contrevenu au present ARRETE peut, au plus tard soixante- douze heures avant la date fix&e pour 1'audience du tribunal, payer au bureau du caissier de 1'H6tel de ville, 1'amende administrative minimale prescrite au present ARRETE et, des cc paiement, elle ne peut faire l' obj et d' autres poursuites a 1' &gard de cette infraction. La COMMISSION DE TRANSPORT DE SAINT JOHN et la revision annuelle de 1'annexe B» 17(1) La COMMISSION DE TRANSPORT DE SAINT JOHN est responsable de l'administration quotidienne de cet ARRETE et 1'INSPECTEUR et 1'INSPECTEUR ADJOINT ou les INSPECTEURS ADJOINTS soot des employes de la COMMISSION DE TRANSPORT DE SAINT JOHN. 17(2) Au cours du mois d'octobre de chaque ann&e, la COMMISSION DE TRANSPORT DE SAINT JOHN &met un avis public pour d&buter le processus de r&vision annuelle concernant les -39 - shall state its purpose and provide to any interested party an open period of thirty (30) days within which such interested parties may provide written submissions respecting whether Schedule "B" should remain unchanged or be amended and, if the latter, identify what amendments would be in order together with a supporting rationale. 17(3) After the closing of the notice period prescribed in subsection 17(2) above, the Saint John Transit Commission's Chief Executive Officer shall compile and provide to the Board of Commissioners of the Saint John Transit Commission all written submissions received together with any associated recommendations for amendments to Schedule "B" and the Board of Commissioners of the Saint John Transit Commission shall subsequently call a meeting, either scheduled or special, providing seven (7) clear days public notice thereof, at which time interested parties will be permitted to make oral submissions respecting the recommendations of the Saint John Transit Commission's Chief Executive Officer. 17(4) Upon the conclusion of the process prescribed in subsection 17(3) above, the Board of Commissioners of the Saint John Transit Commission shall discuss the recommendations and any submissions, written or oral, from any interested parties and shall, by resolution of a date not later than December 151' of that calendar year, make a recommendation to Common Council respecting whether any amendments to Schedule "B" are in order and, if so, what those amendments should be and why. 17(5) Upon providing the recommendation contemplated in subsection 17(4) above to the City's Common Clerk, the Common Clerk shall submit the recommendation of the Board of Commissioners of the Saint John Transit 191.1 taux prescrits pour les TAXIS et les LIMOUSINES dans 1'annexe « B » du present ARRETE. Cet avis &nonce son objectif et offre a toute partie interessee une periode ouverte de trente jours a l'int&rieur de laquelle lesdites parties interessees peuvent deposer des representations ecrites indiquant si 1' annexe « B » devrait demeurer inchang&e ou etre modifi&e et, dans cc dernier cas, pr&ciser les modifications qui devraient y etre apport&es avec justification a l' appui. 17(3) Apr&s la fin de la periode d'avis prescrite au paragraphe 17(2) ci-haut, le directeur g&n&Tal de la COMMISSION DE TRANSPORT DE SAINT JOHN rassemble toutes les representations ecrites revues ainsi que toutes les recommandations relatives a des modifications a apporter a 1'annexe « B » et les fait parvenir au conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN qui, par la suite, convoquera une reunion ordinaire ou extraordinaire, en dormant un avis public de sept jours francs, au cours desquels les parties interessees pourront faire des representations orales concernant les recommandations du directeur general de la COMMISSION DE TRANSPORT DE SAINT JOHN. 17(4) A la fin du processus prescrit au paragraphe 17(3) ci-haut, le conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN discutera des recommandations et des representations, orales ou ecrites, de toute partie interessee, et par resolution au plus tard le 15 d&cembre de cette meme ann&e, fera une recommandation au CONSEIL COMMUNAL indiquant si les modifications m&ritent d'etre apport&es a 1'annexe « B » et, le cas &ch&ant, quelles soot ces modifications et une justification a l'appui. 17(5) Apres avoir fourni au greffier communal de The City la recommandation pr&vue au paragraphe 17(4) ci-haut, le greffier communal Commission to the City's Common Council for its consideration at a subsequently scheduled Open Session meeting of Common Council. At the time of considering the recommendation of the Board of Commissioners of the Saint John Transit Commission, Common Council shall not, unless it decides otherwise by majority vote, hear oral submissions from any interested party and shall make a decision by resolution respecting the recommendation of the Board of Commissioners of the Saint John Transit Commission. 17(6) For the purpose of greater clarity, the "public notice" referred to in this section shall consist of the placement of an advertisement on both the Saint John Transit Commission and the City's websites. Repeal 18 A By-law of the City of Saint John enacted on the 22nd day of June, 2015, entitled "A By-law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in the City of Saint John" and all amendments thereto is repealed effective September 1st 2018. 191:Yl soumet la recommandation du conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN au CONSEIL COMMUNAL de The City pour examen Tors d'une seance ouverte ordinaire ult&rieure du CONSEIL COMMUNAL. Lors de 1' examen de la recommandation du conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN, a moms qu'il ne le decide autrement par la majorit& des votes, le CONSEIL COMMUNAL n' entend pas de presentations orales des parties int&ress&es et prend une decision par resolution sur la recommandation du conseil des commissaires de la COMMISSION DE TRANSPORT DE SAINT JOHN. 17(6) Pour plus de precision, 1'<< avis public » mentionn& dans cet article consiste en la publication d'une annonce sur le site Web de la COMMISSION DE TRANSPORT DE SAINT JOHN et sur le site Web de The City. Abrogation 18 L'ARRETE de The City of Saint John edict& le 22 juin, 2015 et intitul& Arrete portant reglementation des activites des proprietaires et exploitants de voitures-taxis et de Voctroi de permis aux proprietaires et exploitants de taxis dans The City of Saint John, ensemble ses modifications, est abrog& a partir du 1' septembre 2018. -41 - SCHEDULE « A)> Eci1.1:3 -42 - ANNEXE 42 - ANNEXE « A)> Me.] -43 - SCHEDULE 43 - SCHEDULE « B)> Provisions Applicable to Taxicabs There shall be a Centrodyne brand Taxicab Meter installed in every Taxicab in the City that shall be calibrated and used to calculate Metered Rates in accordance with the parameters prescribed in this Schedule to the By-law. Initial Fee: Three Dollars ($5.00) for the first 67 meters of travel (67 meters = 1/24 mile) Distance Rate: Seven and Four -Tenth of One Cent ($0.074) for every 67 meters of travel following the Initial Fee (this amounts to One Dollar and Ten Cents ($1.10) per kilometre of travel) Waiting Rate: Eight and Three -Tenths of One Cent ($0.083) for the passage of every Ten (10) second period that elapses when the speed of the Taxicab falls below Twenty (20) kilometres per hour (KPH). Additional Passenger: One Dollar ($1.00) per person aged Six (6) Years and over. Hourly Rate: Hourly Rate: an hourly rate of Fifty Dollars ($50.00) (Taxicab Meter off) may be charged by arrangement between the Owner/Operator and passenger(s). Under this By-law, an hourly rate can only be charged by arrangement for periods of travel of One (1) hour or longer in duration. Rates for periods of travel of less than One (1) hour in duration shall be calculated by Taxicab Meter unless the Contract Rate provision of this By-law applies. Contract Rate: By prior written contractual arrangement between the Owner and any business or corporation, provided that: (1) the existence of a written contractual arrangement between the Owner and any business or corporation seeking to have the benefit of a Contract Rate is first evidenced by the filing of a completed "Contract Rate Form" with the Inspector on an annual basis, which appears as Schedule "C" to this By-law, and (2) each Contract Rate fare only involves the use of a paper chit as payment (there shall be no exchange of cash or any other in -car payment method, such as credit card or debit card, used to pay a Contract Rate fare), with the Owner subsequently direct billing the WIN recipient of a Contract Rate at regular intervals and on a global basis for all paper chits collected as payment for fares for a particular period (for example, if a car dealership has a Contract Rate with an Owner to provide transportation to its customers, as evidenced by the filing of Schedule "C", paper chits will be issued and used as in -car payment and the car dealership will later be billed by the Owner at regular intervals for all Contract Rate fares that were paid using a paper chit for a particular period). The paper chit shall identify the name of the party with whom the Contract Rate exists respecting each Contract Rate fare as well as the corresponding Contract Rate Number that has been assigned by the Inspector. Any fares not paid by a Contract Rate pursuant to the terms of this By-law shall be calculated in accordance with the other provisions of Schedule "B" using a Taxicab Meter in every instance with the exception of the Hourly Rate provision. Any Contract Rate fare that does not comply with the strict terms of Schedule "B" shall constitute a violation of this By -Law on the part of the Owner. Note: No additional fees or charges may be levied for Baggage Handling or for After Hours/Holiday service. Provisions Applicable to Limousines In all circumstances save and except for the exceptions outlined below, a Limousine shall not be permitted to transport any person(s) as a Vehicle for Hire unless: (a) (1) a minimum fee of Fifty Dollars ($50.00) is charged for services of Thirty (30) minutes or less in duration, or (2) a fee of One Hundred Dollars ($100.00) is charged for services of Thirty -One (3 1) to Sixty (60) minutes in duration. In the event the duration of the service exceeds Sixty (60) minutes in duration, a fee of Fifty Dollars ($50.00) shall be charged for every additional Thirty (30) minute segment or part thereof beyond the original Sixty (60) minutes. 371 -45 - ANNEXE 45 - ANNEXE « B)> Dispositions applicables aux TAXIS Un TAXIMETRE de marque Centrodyne, calibre et utilise pour calculer les tarifs conform&ment aux param&tres &tablis dans la pr&sente annexe de 1'ARRETE, sera install& dans chaque TAXI op&rant dans la MUNICIPAEITE. Tarif de d&part : Cinq dollars (5 $) pour les premiers 67 metres du trajet. (67 metres = 1/24 mile) Tarif selon la distance Sept et quatre dixi&mes de cent (0,074 $) pour chaque parcourue : 67 metres du trajet parcourus suivant le tarif de d&part (ceci &quivaut a un dollar et dix cents (1,10 $) par kilometre parcouru). Tarif lors de 1' attente : Huit et trois dixiemes de cent (0,083 $) pour chaque p&riode de dix secondes &coul&es lorsque la vitesse du TAXI est r&duite en deka de vingt kilometres a 1'heure (km/h). Passager additionnel : Un dollar (1 $) par passager ag& de six ans et plus. Taux horaire : Taux horaire : un taux horaire de cinquante dollars (50 $) (TAXIMETRE &teint) peut etre factur& par entente entre le PROPRIETAIRE et/ou 1'EXPEOITANT et le ou les passagers. En vertu du pr&sent ARRETE, UN TAUX HORAIRE peut etre seulement facture par entente pour des voyages d'une dur&e d'une (1) heure ou plus. Les taux pour des voyages d'une dur&e inf&rieure a une (1) heure soot calcul&s par TAXIMETRE sauf Si la disposition relative au TARIF CONTRACTUEE s' applique. Tarif contractuel : Par une entente contractuelle pr&alable par &crit entre le PROPRIETAIRE et toute entreprise ou compagnie, pourvu : 1) qu'il existe une entente contractuelle &crite entre le PROPRIETAIRE et toute entreprise ou compagnie qui cherche a se pr&valoir d'un TARIF CONTRACTUEE se traduisant d'abord par le depot annuel d'un « FORMUEAIRE DE TARIF CONTRACTUEE », qui se trouve a « 1' annexe E » du pr&sent ARRETE, aupr&s de 1' INSPECTEUR et 2) que le prix de la course d&termin& par TARIF CONTRACTUEE implique uniquement 1'utilisation d'un coupon en guise de paiement (aucun &change d'argent n'est effectu& ou toute autre m&thode de paiement qui s'effectue dans la voiture, tel le WN NEM paiement par carte de credit ou la carte de debit, utilisee pour payer le prix d'une course determine par TARIF CONTRACTUEL n'est utilisee), OU le PROPRIETAIRE pros&dera ult&rieurement a la facturation directe du b&n&ficiaire d'un TARIF CONTRACTUEL a intervalles reguliers et, d'une maniere globale, pour tous les coupons rebus a titre de paiement pour le prix des courses, pour une periode donnee (par exemple, si un concessionnaire automobile a negocie un TARIF CONTRACTUEL avec le PROPRIETAIRE qui fournit le transport a ses clients, comme le d&montre le depot de 1'annexe E », les coupons seront Bemis et utilises en guise de paiement dans la voiture et le concessionnaire recevra, a intervalles reguliers, une facture du PROPRIETAIRE, pour le prix de toutes les courses determine par TARIF CONTRACTUEL qui ont W pay&s avec des coupons pour une periode donnee). Le coupon sp&cifie le nom de la partie qui b&n&ficie d'un TARIF CONTRACTUEL, respectant chaque TARIF CONTRACTUEL pour le prix d'une course, ainsi que le NUMERO DE TARIF CONTRACTUEL correspondant qui a &t& attribu& par 1'INSPECTEUR. Tout prix d'une course qui n'est pas pay& par TARIF CONTRACTUEL en vertu des termes du pr&sent ARRETE est calcul& conform&ment aux autres dispositions de « 1'annexe B », par 1'utilisation, dans tous les cas, d'un TAXIMETRE, a 1'exception des dispositions qui r&gissent le TARIF HORAIRE. Tout prix d'une course determine par TARIF CONTRACTUEL qui ne respecte pas les termes stricts de « 1' annexe B » constitue une violation du pr&sent ARRETE de la part du PROPRIETAIRE. Note : Aucun frais additionnel ne doit etre perdu pour la manutention des bagages ou pour le service offert apr&s les heures r&guli&res ou lors de coag&s f&ri&s. Dispositions applicables aux LIMOUSINES Dans toutes les circonstances, sauf les exceptions d&Crites ci-dessous, une LIMOUSINE ne peut etre utilis&e comme VPHICULE DE LOCATION pour le transport de passagers a moires que : a) (1) des frais minimums de cinquante dollars soot per�us pour des services d'une dur&e maximale de trente minutes, ou (2) des frais de cent dollars soot per�us pour des services d'une dur&e de trente-et-une a soixante minutes. Dans le cas de services exc&dant soixante minutes, des frais de cinquante dollars soot per�us Ec X -47 - pour 47 - pour chaque tranche de trente minutes additionnelles ou toute portion de celle-ci, au -dela des soixante minutes initiates. WE NEM SCHEDULE "C" CONTRACT RATE FORM a Taxicab Owner duly licensed to operate a Taxicab pursuant to the terms of By-law Number M-12 - A By-law respecting the Regulation and Licensing of Owners and Operators of Vehicle in the City of Saint John, hereby certifies that a written contract exists between and a business or corporation, under which the former provides to the latter Taxicab services pursuant to a Contract Rate, as that term is used in the aforementioned By-law. In completing this form, it is also hereby certified that Contract Rate fares are only paid using paper chits that fully conform to the requirements of the aforementioned By-law and that no other payment mechanism, in -car or otherwise, is to be used for the payment of Contract Rate fares. Upon the filing of a Contract Rate Form with the Inspector, the Inspector shall assign a corresponding Contract Rate Number, which shall subsequently be recorded on every paper chit that is used as payment for a Contract Rate fare. Dated this day of , 20 OWNER CONTRACT RATE RECIPIENT WU IMM ANNEXE « C)> FORMULAIRE DE TARIF CONTRACTUEL un PROPRIETAIRE DE TAXI, dument autorise a conduire un TAXI en vertu des termes de 1'arrete numero M-12 — Arrete portant reglementation des activites des proprietaires et exploitants de vehicules de location et de Poctroi de permis aux proprietaires et exploitants de vehicules de location dans The City of Saint John, certifie par la presente qu'un contrat ecrit existe entre et une entreprise ou une compagnie, en vertu duquel le premier fournit au second un service de TAXI conformement a un TARIF CONTRACTUEL, tel que ce terme est utilise dans 1'ARRETE susmentionne. En remplissant ce formulaire, it est aussi certifie par la presente que le prix des courses determine par TARIF CONTRACTUEL est uniquement paye par l'utilisation de coupons qui se conforment pleinement aux exigences de 1'ARRETE susmentionne et qu'aucun autre mecanisme de paiement, que ce soit dans la voiture ou autrement, n'est utilise pour le paiement du prix des courses determine par TARIF CONTRACTUEL. Apres le depot d'un FORMULAIRE DE TARIF CONTRACTUEL aupres de 1'INSPECTEUR, 1'INSPECTEUR attribue un numero de TARIF CONTRACTUEL qui sera par la suite inscrit sur chaque coupon utilise en guise de paiement pour le prix d'une course determine par TARIF CONTRACTUEL. Fait ce jour de/d' , 20 PROPRIETAIRE Beneflciaire du TARIF CONTRACTUEL KYAR COUNCIL REPORT M&C No. 2018-198 Report Date July 04, 2018 Meeting Date July 09, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Election White Paper OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Neil Jacobsen Jeff Trail Jeff Trail Kevin Fudge Phil Ouellette Ian Fagan RECOMMENDATION The City Manager recommends that Common Council approve the release of the attached 2018 Election White Paper in both official languages, with the associated candidate engagement plan. EXECUTIVE SUMMARY Given the pending fall 2018 Provincial election, there is a need for the City of Saint John to proactively engage local candidates with respect to Common Council's 2016-2020 Priorities and key enabling Government of New Brunswick policy considerations. The attached 2018 Election White Paper has been developed for this purpose. PREVIOUS RESOLUTION The following resolution was adopted by Council on March 12, 2018: Moved by Councillor Sullivan, seconded by Councillor Norton: RESOLVED that Common Council direct the City Manager to prepare a .rriefing d#cymf tit t# r -i*r#vincial-j##1itical-j#arty and t# City to help us achieve a sustainable solution tor issues, and to bring the report bock to Councilforfinol approval. KYrN -2 - REPORT Background While our City's challenges are significant, with thoughtful and timely municipal legislative reform, a much greater level of municipal / provincial government policy alignment, new local revenue generation authority and strategic implementation and transitional support from the Province, we have the ability to shape a sustainable future for the Saint John region and a more prosperous outlook for New Brunswick. With a pending provincial election, now is the time to have an informed, fact -based dialogue about our City's and Region's future with each of our Province's political parties and our local electoral candidates. A White Paper has been prepared (Attachment A) to support interaction with each political party and all candidates running in the City of Saint John in the forthcoming provincial election. By definition: "A white poper is on ouB.horiB.otive report or guide B.hot informs reoders concisely obout o complex issue and presents the issuing body's philosophy on the motter. It is meon8. to help reoders underse.ond on issue, solve o problem, or 177oke o decision. " The White Paper identifies a range of municipal sustainability challenges and includes a number of immediate and strategic policy considerations that will support the medium to longer-term sustainability of the City of Saint John. These policy considerations have been discussed by Council on many occasions over the past 18 months, including during the 2017 and 2018 budget deliberations. Mayor Darling also spoke to each of the strategic recommendations contained in the White Paper during his recent State of the City Address to the Saint John Region Chamber of Commerce and community. Recommended Engagement Strategy The City's Election White Paper, Council, will be sent to the leader of each of the Province's political parties and each candirunning for election within the City of Saint John. date rr r r � r • • • .. g a - ff4 t r r M4 6 ; t•INEMINKMaITA•. ��.� f t .,. KYA:j -3 - STRATEGIC ALIGNMENT As outlined in Council's Priorities (2016-2020), "through good governonce unci wlie.h the support of the community, our focus is on growling Soine. John. By being fiscolly responsible, the City delivers services .tho.t contribute to o vibrone., of rocB.ive oncl prosperous city". In order to deliver this objective, it is absolutely critical that the City of Saint John, led by Mayor and Council, effectively engage each of the Province's political parties and local electoral candidates with respect to the policy priorities as identified in the City's 2018 Election White Paper. SERVICE AND FINANCIAL OUTCOMES The attached White Paper provides a summary of key financial challenges, opportunities and considerations. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input into the draft White Paper has been provided by Committee of the Whole, the City Manager's Office, Common Clerk's Office, Finance and Administrative Services, Growth and Community Development and the Human Resources Department. The Cities of New Brunswick Association's Municipal Sector Human Resources Committee, City of Fredericton and City of Moncton have also provided data and input used in the arbitration section of the White Paper. ATTACHMENTS Attachment A: 2018 Election White Paper Merl 2018 PROVINCIAL ELEC ION WHITE PAPER We will shape a sustainable future for Saint John and a more prosperous outlookfor New Brunswick. We can achieve this through thoughtful and timely municipal reform, much greater policy alignment, local revenue generation authority and strategic implementation and port from the ew Brunswick. P4 - TABLE OF CONTENTS ® Il....00lkuinIl::bir gird... ® Ouir Current Stat ® SIhaIpki Ouir II:::uI:uir STRATEGIC POLICY CONSIDERATIONS 3.1 IIirnpl irn iri in II::aiir raxa : oin 3.2 (..IViairigiiri Illirovv iriciall Arlbbilirataoiri II....egWafloirl 3.3 SuIppoirflin113egbirialliirafloin IMME_,DIATE_, OPPORTUNITIES 1 2. 4 4 6 3.4 SuIppoirdinthe IIirnpl irn iritafloin of the (::ity's I11oadirnalp fair Sirnairl Girowth and II:Iojpulafloiri Girowth Il::::irairn oirlk 3.5 Il::::irialblliiri INew IF1 v iriuStar aims firoirn Saiiri .JolIiiri Il::::iri it y 3.6 WaMiri the Anirivall Goverinirn i t of INew BiruiriswidkAssess irn i t Cha irge 8 3.7 Il:::uirxfin 113eg oiriall 11:::bdIfti es Cajpftall easels 8 3.8 I11 1peahinthe Sly dA Assessirnen II::"iracfiic s fair Cairialpoira: II....IN 8 3.9 Sulbskldirig SaIIIit.Johiri firairisft 9 3.10IIi t iraflinSaIIIit.Johiri fiirairish:and l::Iairldirlg Co irn irn iiss iio iris 9 ®® Ouir (.:aIIII to Acfiion 10 Key Reference Documents available ,; ( (D LOOKING FORWARD Now is the time to have an Informed disc�..isslon about our City's future and m.ir Region's future with each of m.x Province's 1.)ol[Llcal 1.)artles and our local electoral candidates. First,and most importantlywe rm.ist demonstrate that m.x City's costs are under control. Fhls will mean difficult choices about how to spend limited resources over an extended period of time. Thrm.iglh informed long term financial planning,we need to foc�..is on m.x highest needs, I,,.)ecorne more efficient and find ways to accornplish more with less. In other words, we need to 1,.)e creative and live within m.x means. Second,the Province rm.ist be open to fi.mclarnental legislative change which will ernl,.)ovver �..isas a -m.3nIcII,'.)aIILY, to move forward in a s`.istalnalole manner. Sl,.)eclflcallyvve need the Province to rernove Farriers to diversifying and growling m.x 'm.mIcII,.)aI revem.ie strearns, Inck.ldling the'for 1'.)roflt" restrIctlons ernloedded within the new I ocal Governance Act. :::or o.xaiyil,.)Ie,vve need to find ways to �.mloclktlhe valk.ie within SJ ::.::nergy thm.igh new revem.le streams and lss�.Ang dividends to the City. We also need the Province to hell.) New 13,n.msvvIck -m.mIcII,.)aIItIes o.irl,.) �.mcontrollalole -m.mIcII,.)aI 1.)rotect[ve service wage escalatlon res�.fltlnj from 1.)rovInclal ai,L)ILratlon legislation. We need to corn 1.)en sate 1.)eol�le fairly and Vve need to attract and retain the Fest 1.)eol�le we can, Lm..IL wage Increases cannot 1,.)e allowed to contlm.ie to mAsti'll,'.) m.x al,.)Illty to 1.)rov[de q�..iallty services to m.ir cItIzens at a fali, and cornl.)eftIve tax rate. We. need 1.)rol.)erty tax reform cm.ipled with the ProvInce vacating the 1,'.)racL[ce of collecting the 1.)rovInclal 1.)ortlon of 1.)rol.)ei,ty tax within 'm.mIcII,.)aI lom.mdarles. Fhls vvIII allow SaIntJohn to lower tax 1,,.)Ills for all 1.)roperty owners,irnalke New 13m.inswick more cornl.)(AILIve for new Investi-nent and facIlhate local Infrastin.icb.ire, '.)�.Ilollc safety and q�..iallty of life investments. 13,y I.)rovIdIng leadership In managing costs and applying new revem.ie streams to red�.iclng the tax rate In the City; SaIntJohn vvIII 1,,)e al,.)Ie to demonstrate that its fiscal hm.lse Is In order. Men we can have a credible dlalog�.ie vvltll respect to the regionalisation of -m.mIcII,.)aI services within the greater SaIntJohn region. rhe regionalisation d1so.isslon needs to explore the concept of 1.)roportlonal representatlon of the o.xrent -m.mIciI,'.)aIhies In a new local government str(.icb.ire which respects the varlm.is '.)rlorltles, c�.flb.ires and expectations of those cornu .mItles. Services rm.ist 1,.)e cornl�ined to deliver efficlencles which are not attainable .ander m.x c�.irrent stin.icb.ires Iron Ica I ly, th e City of Sa IntJoh in works more closely with the CItles of F:)rederIcton and Moncton than It does with the m.iLlylng corni-mmIdes of Grand 13,ay Westfield, Rothesay and Q�Asl,.)arnsls. D.xf(.A(.xe Iles In finding efficiencies In ij.mning a cornlolined regional -m.mIcII,.)aIIty that vvIII also serve as an 1::.::ast Coast 'nagnetfor attracting growth; offering Doth q�..iallty �.xloan and s�.flL.N.ii,L)ain lifestyle cholceswhere all resIdentsconti'll,.N.iLe fairly and eq�.Ataloly to the reglon's q�..iallty of life, core servIces,essentlal Infrastin.icb.ire and long terrn s�.istalnalolllty. ........... Saint John has unique challenges. rhe sheer sire cif ol.ir geogi,al'.)hlcfootl,.)i,liit(lai,gei,tliaii the cities of Fredericton and Moncton cornlolined) Is costly to servIce.1:3y cornl,'.)arlson, the proportion of -nl.mIcIl'.)al territory leer ei-Til.)Ioyee[ii Saint ..John Is over tvvo tIrnes that of Doth Moncton and F:)rederIcton.We also have a l.mIql.ie rnIx of residential, corni-nerclal and Indi.istrIal land l..ises, often in very close l'.)roxlrnIl:yvvhIclh 1 -.laces a very hIgh lol.irden on ol.x -nl.mIdl,'.)al Infrastirl.icti.ire and services. rhe City cornl.)etes with corniml.mItIes and local service districts that are rnlim.3tes driving distance avvay, clear of Indi.istry, and have tax rates that are as love as 46% less than What can loe offered in SaIntJohn.W[th access to a netvivorkof fol.ir lane Provincial h1glivivays, cornirnlAes are Doth convenient and Wthol.il: the limitations of traditional i.irloan sl.AN.xl,'.)an congestion and delays. The Cityof SaintJohn is on an unsustainable path. Ol.x l'.)ol,')lAatIon has declined 1,.)y al.)proxIrnately 3% since 2011, and a staggering 24% since 1971 We vvere also the only CMA in Canada to experience a 1.)opi.flatIon decline di.3i'ling Statistic Canada's most recent Censl.is (2016). rhe property tax rate in SaIntJohn Is the highest in Neviv 1:3n.insvivick and vvIll dramatically escalate If local tax Kase grovvtlh of 3 4% aninl.ially Is not achieved. Saint John is in poor financial health. rhe City has the highest arnol.int of long term deL)t in the Province 1,'.)y a large margin, reslAtIng in large l.)rIncIl,'.)al and Interest 1'.)ayrnents. rhe cost of rel.)lacling the City's aging Infrastirl.icb.ire Is sIgnIfIcant.A recent i,el,,)()rt indicated Saint ..John has al.)proArnately $400 million in Infrastin.icb.ire that Is loeyond Its l.isefi.fl life and Is in Irni-nedlate need of replacement to prevent service falli.ire. rhe City fi.inds all Infrastin.icb.ire investment throl.igh deL)t Issl..ie loecai.ise there Is no room tofi.ind Pay as yol..i Go capital in the operating lol.idget Wthol.it increasing the tax rate."rhe City engaged RV Anderson to revlevv the state of Its Infrastirl.icti.ire. rhe conslAtant concli..ided the City Is only fi.indling 45% of Infrastirl.icti.ire needs and that the City Is approaching a "cliff" with respect to fi.itl.ire service falli.ires. rhe 45% Saint John Fredericton Moncton Map shows geographic/size comparison of Saint John, Fredericton and Moncton incorporates a heavy reliance on gas taxfl.indling; al,,.)sent gastaxthe City percentage of ft.indling wol.ild 1,'.)e significantly loviver.0ty revenl.ies are not slfflclent to sl.istaln cl.irrent ol'.)eratIons. Fax Kase grovvtlh Is stagnant, the Provincial Corniml.inty and E.:4.41zatIon grant vvas clA 1,'.)y al'.)proxIrnately $3 million in 2018,and operating expenses contlinl.ieto clIrnlojin l.)articlAar lalool.lr costs. rhe '.)r0jected shortfall vvIll contlinl.ie to escalate in years to come If a sti,(..ick..ii'alcliaiigelsnot [iiplace viveare facing aprojected $15 million operating shortfall in 2021,theyearthe ProvInce's. interim sl.;.)plernental fi.indling agreement expires. CENSUS METROPOLITAN AREA GROWTH A look at the populationy,awth rates for Conada's cermis mettapoliton areas (CMA.$) in 2016 CMA % GROWTH CMA % GROWTH Calgary 14.6 Sty. Sohn 's, N.L. 4,6 Fdmonton 119 Montr6al 4.2 Saskatoon 12.5 London 41 R,--SJifw lis Qu&ec' 4.0 Lethbridge 1 os Moncton 4.0 Kelowna BA Brantford' 3.8 jjjjjj[��i� CILICloh T7 Hamilton 17 Victoria 61 St. Catharjj)0S-rNiagara 15 Oshawa 6-6 Halifax 13.3 Winnipeg 6.6 Windsor 3.1 Vancouver W5Trois-Rivieres 2.8 jj�GM Foronto 6.2 Ppterhorourlh 2.3 1105 Abbotsford h. I Belleville 1,8 J Kit(herier 3,5Saguenay 1,5 Is Ottawa- CatVjieai 5,5 Kingston 1.0 jjj� 0—kY 5.4 113M Gredter SUC14-y l.o of Canada 5.0 jnj Thunder Bay 0.0 Sherbrooke 4,9 Saint John, N.B. 2.2 P OUR CURRENT STATE-, The City of Saint John has very little flexibility to influence revenues and expenses. Approximately' 78% of City revem.ies are derived from property taxes. Another 13% comes from the Provincial grant 'x.ittlng SaintJohn in a vulnerable position due to Its dependency on a revem.le stream that is subjectto change.Expenses are also Inflexil,.)le given approximately 70% of City expenses are made of employee wage and 1,.)enefIt costs, sl,.)ecial pension payments and long term del,,)t service payments. Sl,.)eclal pension payments are sIgnfficant(5.8% of overall budget) and vvIll contlm.ie �.mtll 2028.Strategles to mitigate rising wages and loenefits are limited due to a lackof control associated vvIth safety arlsitrated settlements as well as restrictions in current collective agreements. SaintJohn istaking action. Com 'non Cm.mdl has estalollshed Growth and Fiscal Resl,'.)onsRolky as critical Isrlorltles for Its term, a reflection of the hard fact that we now have fewer citizens to Imy for -m.mIcIl'.)al services and assets and meet m.x 1,,N..idget dernands.SaIntJohn has la�.mched the 1Roadrnalsfor Smart Growth which seeks to rnaxIi-nIze the City of SaIntJohn's alLAILy to achieve Isops.alatlon,ernlsloyrnent and tax loase growth thirm.igh strategic and Irni-nedlate actions. rhe City has 'NA In 1.)lace a rol,,N.ist Contlm.im.is lrnl.)rovernent (Cl) 1.)rograrn which foo.ises on efficiencies and cost red�.ictlon, and m.x nationally recognIzed and award Winning Ili .mIcIl'.)al E.:hergy E.:ffidency Prograrn has removed over $2 million In anm.ial olX—ratling costs,vvhlle red�.idng greenlim.ise gas emissions loy al.)proxIrnately 30%. rhe City Is also In the midst of an Asset Management Plan for which 1'.)ollcles have (seen al.)proved loy Common Cm.mcII.F:�[nallythe City Isfoo.isling on long term a.istalnalsillty with fiscal and financial 1.)ollcles set to ena.ire decisions are made loased on the long terrn.l:::br exarn 1.)Ie, the City's Iserrnanent workforce has (seen red�.iced loy 82 l.)osItIons, or 9%, since 2008. Limited Flexibility in Operating Budget 2017 General Operating Budget $154.02M City of Saint John Permanent Establishment (includes City, SJ Water, Fire, Police and PSCC) 940 920 900 880 860 840 820 800 780 11�1 NN <5 Ntk ID (0 A 1�1 10 1P 10 10 If, 10 uv Total Establishment E) SHAPING OUR FUTURE STRATEGIC POLICY CONSIDERATIONS () ®1 IMPLEMENTING FAIR TAXATION 1:3ased on the independent (Itchen &Slack st(Ay corn 1,'.)Ieted In 2017,there Is not rm.iclh that SalintJohn can do on Its own to liTil.)rove the falirness and eqi..ilty of the '.)roperty tax loeca�.ise 1.)ropertytax 1.)ollcy Is largelygoverned loy 1.)rovIndal legislation. rhe CILY does have the 1.)ovverto make some modifications a.iclh as a.fl,.)stIb.AIng some �.iser fees for 1.)rol'.)eirty taxes, which Is actively .ander consideration. User fees, where al'.)pl Icalole, vvII I give 1.)eople an �.mderstandlng of what the services they are �.islng acu.ially cost and hell,'.) 1,'.)e..tter manage service level dernands. I iowever �.iser fees, on their own, vvII I not address the City's core financial a.istalnaloll Ity challenges. As 1.)revIm.isly noted, the City has a rn �.iclh higher tax rate as cornl'.)ared to neighl,,)o�.wIng a.Ax.wI,,)an i-Ti�..iiilcll,,.)alltiesvvlilcli reflects, In 1.)artthe lower cost of the services '.)rovIded to m.idylng residents In tlhosej�.irlsdlctlons. rhe eq�.Aty lsa.le ,.)ecornes even more 1.)ronm.inced when considering adjacent I ocal Service I IstrIcts (I Sl )s), many of whom Ile within a 15 to 30 rnlm.iLe cornrm.iLe to the City core. ::.:ffealvely allocating the higher costs of operating the City of SaIntJohn wiffilin the context of the increasing challenges associated with a.Ax.wI,.)an and n.iral sl,'.)ravvl cannot 1,'.)e resolved with slrnl�le changes or Increases to the City's 1'.)roperty tax, I,N.A rather req�.Ares fi.inclarnental changes to m.w regional -m.mIcII'.)aI governance stn.icb.lre to ena.lre that all of the loenefldarles of local services are fairly and eq�.ftaloly taxed to 1.)ay for them. (Itchen and Slack also recorn -nended that the Province shmAd look at grad�.ial ly getting m.iL of levying 1,'.)roperty taxes Doth to Irn 1.)rove the transparency and acom.3intal[Alty of the 1.)roperty tax system and to I.)rovIde tax room for -m.mIcII'.)aIItIes to a.iffIclently a.istaln the delivery of citizen services Lased on local 1.)rol'.)eirty tax levies. The City ofSaintJohn is recommending that the Province implement fairandreasonable property taxreforms designed to diversify municipal revenue streams, remove exemptions for industrial equipment, introduce flexibility to establish different classes of property for taxation purposes and leave property tax as the exclusive domain of municipalities. $-00,000 $80,000 $60,000 $40,000 $20,000 $C Median Household Income vs. Average Property Tax Bill Saint John Q—P—,Rs Rothesay G-1 B,y - W—f ld ARAverage R— -170K -Taxes RA Median Household Income Source: Stats Canada (2016 Census) and 2018 Municipal tax rates (Government of NB) 3.2 CHANGING PROVINCIAL ARBITRATION LEGISLATION SPECIFIC TO MUNICIPAL FIRE AND POLICE SERVICES rhe City of SaintJohn strives to be a good ernployer and negotiate collective agreements that are both fair and reasonable for all of ol.ir workforce grol.q'.)s. We, vall.le the work of our police officers and firefighters, but need to find a path forward that rnore effectively balances rapidly escalating protective services wages with other ernl�loyee groups,while reflecting the City's challenging financial reality. Police and Fire wages have been accelerating at a rate well in excess of inflation and al.)proxirnately dol.31,ole that of other City ernl.)loyee gro�.;.)s."rhe City can no longer afford to con tli-il.ie to pay these Increases withol.A increasing taxes (already the highest In New Brunswick) or dramatically reducing the delivery of citizen services. Prevlol.isly, 1,'.)()tll the SaintJohn Police Force and SaIntJohn faire I )epartrnent have been forced to '.)errnanently redl.ice the i-il.irylloer of 1'.)ollce officers and firefighters to balance thell, respective operating ,x.idgets. :::�l.xtlher redl.ictlonsare inevitable shol.11d the statl.is ql.io carryforward In l.)erl,.)etl.iIty. As a resl.fli: of l.)rovIncIally mandated Interest ar[:)ltratlon for locally fi.inded 1.)ollce and fire ernl�loyees,vve are experiencing the following Issl.ies: SlowexpensIve and at tIrnes l.mireallstIc arbitration processes. A lackof Incentive to openly and effectively bargain the threat of arbitration also directly Infll.iences non arbitrated settlements. Cumulative Municipal 80.0% Workforce Wage Increases 70.0% 60.0% 50.0% —771 (Fire) 40.0% —SJPA (Police) 300% 11 1-486 (inside) —18 (Outside) 20.0% ",.,.,.,.,.Management 10.0% --CPI Impact V. u-/0 04 05 06 07 08 09 10 11 12 13 14 15 16 17 -A lackof Incentive to openly and effective bargain. Strained day to day lalool.ir and working relatlonslill,'.) with ol.ir protective service l.mlons. Isolation of the 1.)rocessfrorn free market forces for too long, Inval Idatling the replication l.)rincll.)le (a fol.mdatlon for arbitration decisions here In New 1:3n.inswIckand across Canada). Creep of ai,l�iti'atoi,jl..ii,lsdlctloii Into fi.indarnental operational rnatters, IndlAling the reqlArernent to Introdl.ice the 24 hol.x shift. AiAornatic replication of protective service wage Increaseswith other -nl.mIcIl,.)alIi:Ies and 1,x..tvveen '.)ollce and fire ernl.)loyees,vvItlh no regard for the l.mIql.le cliro.unstances differentiating each. Persistent fall l.xe to acknowledge ol.ir"al[Alty to '.)ay" as a constraint In awarding arbitrated wage Increases. Awarding year over year salary Increases that greatly exceed the Increases negotiated with any other cornl'.)onent of ol.ir -nl.mIcIl,.)al worl(force, resl.lItling In an erosion of Internal eqlAty. Salary cornl.)resslon with ol.ir IVianagernent Professional (non l.mlon) pay scale,whIch Is reaching l.mtenalole levels, IndlAling :::ire IVianagernent Staff with cornl'.)aralole or even lower overall cornl.)ensatlon than their direct reports. SalintJohin Is not alone In facing the challenges associated with 1.)rovIndally mandated Interest airl�itiratlon. (3,ased on the workof the Cities of New 1::br�..iiisvvickAssoclatloii's Mi.inIcII,.)aI Sector I ii.irnain::fiesoi.xces CornirnIttee,for the 1'.)erlod 1994 to 2019 l� evvl::br(..iiisvvicki-Tii..iiilcll,'.)alines veil I 1,'.)ay an estimated $133 million dol I a i's for wage Increases to Police and :::�Iirethat are higher than wage Increases negotiated with girm.;.)s notelIgIlolefor lolindling arbitration. If nothing changes and ci.irrent trends contlini.ie, I,,.)y 2030 New 1:3ri.inswIck -ni.inIcII,.)aIItIes will I,,.)e I,,.)ayIng $31 .6 nIIIIon dollars anini.ially In excess Police/dire wages and will have I,.)aId over $390 aril lion dollars In excess wage Increases since 1994. chis Is a staggering financial incl ,.)act for New 1:3ri.inswIck -ni.inIcII,.)aIItIes and their taxpayers on a go forward 1,.)as[s. We encourage the Province of New Brunswick to re-engage the Cities of New Brunswick Association in exploring mechanisms to address the current financial sustainability challenges associated with legislated interest arbitration, including: • Final Offer Selection • Government Employed Arbitrators • Right to Strike with Essential Worker Designation • Legislated Criteria • Numeric Criteria Legislative Changes to curtail uncontrollable public sector wage escalation and related financial impacts have been introduced in other jurisdictions, particularly in the event of serious financial distress. 0 ® SUPPORTING REGIONALIZATION Over the next five to ten year tinge horizon, the City Relieves that regionalisation of -ni.mIcII,.)aI services -ni.ist I,,.)e a I,xiority. chis coi..ild evolve over t1irne and loeglin with al,'.)I,'.)rol,'.)rlate shared service i-nodels, shm.ild Involve a fi.fll and cornl'.)Iete review of the -ni.inIcII,.)aI stin.icti.lires and fi.lindling i-nechainIsirns to einsi.ire fair dIsti,II,,N.Aion of the cost I,N.irden on the loeineficlairles of available Ji..al Jlic services. The City ofSaintJohn requests that the Province of New Brunswick establish a task force to begin investigating regional best practises and lessons learned from other communities across Canada, while initiating and facilitating an exploratory regionalization dialogue involving the greater SaintJohn municipalities. 13.171 1976 1981 1986 1991 096 2001 2006, 2011 2016 V City of Saint John 10 Saint John CMA 140000 Population Decline (City vs Saint John CMA) M000 Source: Statistics Canada 120000 11MOO 10woo 90000 80000 70000 6000 O 50000 40000 The City ofSaintJohn requests that the Province of New Brunswick establish a task force to begin investigating regional best practises and lessons learned from other communities across Canada, while initiating and facilitating an exploratory regionalization dialogue involving the greater SaintJohn municipalities. 13.171 1976 1981 1986 1991 096 2001 2006, 2011 2016 V City of Saint John 10 Saint John CMA IMMEDIATE OPPORTUNITIES (D 3.4 SUPPORTING THE IMPLEMENTATION OF THE CITY'S ROADMAP FOR SMART GROWTH AND POPULATION GROWTH FRAMEWORK Saint.John rnustgrow. In order to beeffective atpop�.Ilatlon growth,we need every level of governi-nent, local businesses, stakeholders, and ourwhole cornmunIty working together to achieve growth.0.x economic development initiatives rm.ist loe 1,,)�..ii,l,.)()s(,'ful,apl'.)rol.)rlate, and reflect our �.inlq�.ie cIty. More people. More jobs. More tax base. We need the Province to be an active growth enabler and partner. The Roadmap for Smart Growth 1.)rov[des a clear sense of what we need to achieve and m.x initial direction to move forward on a new road of economic develol.)rnent and growth. It 1.)rov[des Irni-nedlate actions that will 1,'.)e Irnl�lernented and rneaa.xed.And It 1.)Iaces greater ownership and accm.mtaI,.)IIIty vvIth the City to 1,'.)rov[de the vision of what SaInt..John will 1,,)e In the fi.m.ire. (In alignment with PlanS..J and Cm.indl Priorities 2016 2020) and the initial steps necessary to take In order to get �..is on the road to axcess. rhe CILY also released Its Population Growth Framework In 2018,Wth the arnl�itlm.is goal to 1.)os[tIon SaInt..john as one of ::.::astern Canada's most welcoming cornrnn.mltles. rhe 1:::i'ai-Tievvoi,l(i,.)i,ov[des a foo.ised and coordinated approach to growling m.x '.)op�.flatlon. CITY OF SAINT JOHN pop,, I Srj()N 1,RO—FI IIIA10110111 3.5 ENABLING NEW REVENUE STREAMS FROM SAINT JOHN ENERGY rhe City of SaInt..John Is actively exploring opl'.)orb.mItIes to develop new reven�.ie streams with SaInt..John ::.:hergy, InckAling co investing In new renewable energy generation oI'.)port(.mItIes and related �AII[ty services growth oI'.)port(.mItIes. The Province can support efforts by removing the "for profit" restrictions within the new Local GovernanceActand enabling the City to move forward with a newgovemance and operating structure forSaintJohn Energy, allowing for the formalized flow ofdividends from the utility to the City. 3.6 WAIVING THE ANNUAL PROVINCE OF NEW BRUNSWICK ASSESSMENT CHARGE rhe l.)rovIndal assessrnentfee charged to the City represents al'.)1'.)roArnately 2 cents on the tax rate. rhe ann�.ial charge for assessment services Is al.)proxIrnately $1.3 million Iyer year. The Province can support the City by waiving this charge until such time the GO experiences an improvementin its financial health and successfully addresses its long-term sustainability challenges. New assessment service delivery models should also be explored. W3.7 FUNDING REGIONAL FACILITIES CAPITAL ASSETS rhe Province enacted 1:311162 In the 1990's to legislate the l'.)artIcIl,.)atIon of 1::fiotliesayQ�..ilsl,.)aiTis[s,Gi,aiid 13,ay Westfield In the operating deficits of I iai,h:ao�..ii'Station,li'Til,'.)erlaI theatre, trade & Convention Centre,the SaIntJohn Arts Centre and the Aq�.iatic Centre. ::.::xck.ided front this legislation was any req�.Arernent for the l.)artIcIl,.)ants to fi.md l Ifecycle replacement capital asset costs. :::�or exarnl�le, the '.)lanned forthcoming roof replacernentfor I iarlom.x Station a.irrently needs to 1,.)e 100% fi.inded loy the City. The Province can support the City by amending legislation to require participating communities to share in the cost ofmajor capital expenditures and asset refurbishment/replacement investments. 0 3.8 REPEALING SPECIAL ASSESSMENT PRACTICES FOR CANAPORT LNG rhe ProvInce,thirm.igh the I )el'.)artirnent of ::.::nvlronrnent and I ocal Government (1:::] G),repealed the Act to Cornl,'.)ly with the 1::fieq�..iest of the City of SaIntJohn on taxation of the I NG Feri-nInal that cal.)I,.)ed the 1,'.)rol,'.)ei,ty tax 'Al at $500,000 1.)eryeai,.Fhe legislation was l.)repared 1,'.)y G staff with a.g.)portling transitional 1.)rov[slons.At the tIrne., the Province indicated that as a rea.flt of repealing the Actwas a very high 1.)rol,.)al,.)Illty that lrvIng 011 will appeal the a.lrrent assessed valk.ie of the Canal.)ort I NG 1.)rol,'.)ei,ty (al'.)proxIrnately $300 million). rhe Province indicated that If It repeals the Act, It vvm.fld not 1,,)eai, anyfinandal risk associated with a fi.m.ire rel.)ayrnent of the rm.3nIcIl,'.)al 1'.)roperty tax levy rea.iffing front a 1.)otentlal a.3ccess.A.31 appeal of the Canal.)ort I NG l.)roperty's assessed valk.le. rhe Intent was to transfer all financial risks associated with a 1'.)otentIal appeal front the Province tothe City of SaIntJohn. Flils Is contrary to the normal 1.)i,ol,.)ei,ty tax appeal 1.)rocess and 1.)ollcy of the ProvInce.Canal.)ort I NG has �.mtll Al.)rIl I st each year to al.)I,.)eal the l.)revIm.is year assessirnentwhIch means the City cannot I,x.idget for this reven�.ie VvIthm.3t creating arisk ofshortfall [iithe follovviiigyear."rhe I l� G 1.)i,ol,.)ei,ty has since Keen assessed and red�.iced to $98 million. The Province can support the City by repealing legislation that set forth special assessment practices for Canaport LNG so that the property is treated like a// other City properties. This would eliminate the uncertainty associated with budgeting for this revenue on an annual basis. d) 3.9 SUBSIDIZING SAINT JOHN TRANSIT Fhe annLial SaintJohn Fransit Corrunission subsidy represents approximately I I cents on the tax rate. Fhe Commission relies on a grant frorn the City of SaintJohn to operate arid maintain its Wilding and fleet of approximately $7.4 million per year. The Province can support the City by working with the Federal Government to provide financial support to assist with the cost ofproviding a transit system to Sain tJohn residents, with a particular focus on at -risk City neighbourhoods and low income residents. We also need to work with the Province and the regional municipalities to explore new and sustainable regional transit service delivery best practises and models. In addition,NewBrunswickremains one ofthe fewprovinces that taxes municipal transit facilities. e3.10 INTEGRATING SAINT JOHN TRANSIT AND PARKING COMMISSIONS Fhe City is strearnlini rig the governance of its Agencies, �Boards and Commissions, inCl Uding the governance arid operation of the SaintJohn Fransit and IPrarking Commissions.) oth Corporations exist thrOLIgh Provincial legislation. The City requires support from the Province in completing the operational and governance streamlining process through appropriate and timely legislative reforms, including the poten tial repeal of both the Transit and Parking Acts. /////////////// OUR CALL TO ACTION Making OurVision a Reality -Togetherwe can shape a brighter future for our City and region.We have a window of opportunity to implement transformational change. rhe Gigs rm.istfinalise Its Flan to respond to a projected $15 million a nm.ial ol,'.)e.ratIng ,,x.idgetshortfall Icy 2021.chis can loeaccornl'.)l [shed thirm.igh a long terns financial flan that Inclk.ides a cornlolinatIon of contlm.iu.is Irnl.)rovernent InILIatIves,operatIng cost red�.ictlons,servlce red�.ictlonsshared service officlencleswIthlin the0ty's agencles,looards and corni-nIsslons,and neve or alternative revem.iestrearns. rhe City vvIl I vvorl(diligently Wth the Province thirm.igh the recently established Mi.mIcIl'.)a I Si.istalinalollItyWorkling Gru.i I.) to identify iievvs�..ista[iial,.)Ief(..iiid[iig su.xces to red�.ice the tax rate loy �.;.) to 22 cents (worth al.)proxIrnately $15 million/year) loy 20121. FheGLyasks provincial political '.)aitesto Inck.ide In their �latforrnsthe recons -vended property tax and -m.mIcIl,.)al reform policy elernents and corni-nIt to addressing the �.ms�.istalnalole cost of ProvInclally arl,,Arated wage settlernents Wthlin -m.mIcIl'.)al protective services. rhe City asks the Province and all political parties to �.irgently s�.ij,'.)j,'.)ort local and regional efforts to grow m.x l.)ol,,x.flatIon,jol,,)s and tax 1,,)ase.W(,. req�.Are both Federal and ProvInclal s�.g)1'.)ort to exeo.ite u.0 Roadirnal.) for Smart Growth and Pol,'x.flatlon Growth l:::)'arnevvorl(. rhe City asks the Province to IdentIfy new areas and opporb.initles for regional cooperation. rhe reg Iona I IzatIon dlso.isslon Is essential to u.0 region's long terrn s�.istalnal,,)Il Ity and viability and cannot 1,.)e accorn 1.)l [shed Wthu.it direct leadership frons the Government of New 1:3n.inswick. COUNCIL REPORT M&C No. 2018-210 Report Date July 04, 2018 Meeting Date July 09, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Demolition of vacant, dilapidated and dangerous building at 99-101 St. James Street (PID# 2733) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the building at 99-101 St. James Street (PID# 2733), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY This report was previously submitted to the June 18, 2018 Common Council Meeting and was removed at the meeting by staff due to a purchase and sale agreement for the building. Staff has since been in communication with the purchaser to discuss their plans for the building. The new property owner intends to demolish the building; however as the timeline for demolition was not acceptable, staff is looking for authorization from Council to arrange the demolition of the building. The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 99-101 St. James Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A 061.1 -2 - REPORT Inspections of the property at 99-101 St. James Street, PID# 2733, have revealed there is one building on the premise; a three-storey, three unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order. In addition, the Building was previously subject to the Minimum Property Standards Program. The property is located in the City's South Peninsula in an urban center residential zone. The building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on March 27, 2018 and was posted to the building on the same day as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership for the building lists two individuals as the registered owners. The Notice provided the owners with 60 days to remedy the conditions at the property. The owners did not take remedial action to comply with the requirements of the Notice; however they did file an appeal. The appeal hearing occurred on May 28, 2018 which resulted in the decision of the Saint John Substandard Properties Appeal Committee to uphold the terms dictated in the Notice to Comply. A copy of the Appeal Decision can be found attached within the Affidavit of Service. A compliance inspection was conducted on June 5, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. The building is listed for sale and has been for a number of months. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to encumbrances and owners via registered mail on June 5, 2018 and was personally served on the local property manager on June 6, 2018. Copies were also sent via email to the property owner, to which they acknowledged receipt. STRATEGIC ALIGNMENT 06YA -3 - Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $15,000-$20,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Service - Appeal Decision and Notice of Common Council Hearing Letter Photos 061.11 FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M-22, s.190.01(3)) Parcel Identifier: 2733 Address: 99-101 St, James Street, Saint John, New Brunswick Owncr(s) or Occupier(s): Name: Kapil, Anita AVIS DE CONFORMITE (Loi sur les umunicipaxlites, L.R.N.-l3. de 1973, ch. M-22, par. 190.01(3)) Numnero d'identification de la parcelle : 2733 Adresse : 99-101, rue St. James, Saint John, Nouveau -Brunswick iProprietaire(s) ou occupant(s) : Nom : Kapil, Anita Address: 12398 Nicola. Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Name: Kapil, Pardeep Kumar Nom: Kapil, Pardeep Kumar Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 21.8 Colombie-Britannique, V3Y 2K8 Municipality issuing notice: City of 'Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law'"). Municipalite signifiant Pavis : City of Saint John. Arrete enfreint : Arrete relatifaux lieux inestheligues et aux b6timents et constructions dangereux de Saint John, Arr&6 numero M-30, ainsi quo ses modifications ci-afferentes (1' <(Arr6te »). Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, S.N.B. 2017, 1.31(2) et paragraphe 131(3) de la Loi star la c. 18 and amendments thereto. gotavernance locale municipalWs, ainsi que les modifications aff6rentes. The Land Registry .Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 1.96 of the Local Governance Act. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated March 26, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Airy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance x6th the afnrPcaid By-law. Le Reglement star les formules du registre de bien- fonds — Loi sur les municipalites, Reglement 2007-22 du. Nouveau -Brunswick, qui prescrit qu'un avis de conformite doit etre etabli selon la formule 1, demeure valide et reste en vigueur on vertu de ]'article 1.96 de 1a Loi star to gouvernance locale. Description de la (des) condition(s) : Les lieux sont inesthetiques on permettant la presence de ferraille, do detritus et le batimnent delabre. Le batimnent est devenu dangereuse pour la securite du public du fait do son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son delabrement et du fait do rnanque de solidite. Les conditions du batiment et des lieux sent decrites a ]'annexe << A », une copic conforme du rapport d' inspection en date du 26 mars 2018.et prepare par Rachel Van. Wart, IS, une agente charge de 1'execution des arretes municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arretes municipaux. Mesure(s) a prendre : La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne ct d'amener le batiment et les lieux en conformnites avec 1'Arrdte. hazard to the safety of the public and the premises may represente un danger pour Ia securite du public et les be cleaned up. lieux pourront etre nettoyes. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building .and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action. in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean-up of the property and related remedies moist be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply, Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City hall — 8t" Floor, 1.5 Market Square, Saint John, New Brunswick, E2L 411. Potential penalty for non-compliance within specified timer 'Subsection. 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under section 132 of the said Act, commits an offence that is punishable under fart 2 of the Provincial 6ffences Procedure pct as a category F offence. Where an offence under subsection 136(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 1.36(3) (b)(i). Dans 1'eventualite de demolition, tOLIS les debris et autres items sur les lieux scront disposes comme mesure corrective dans le but de remedier le danger pour Ia securite du public. Les mesures correctives susmentioniiees relativement A Ia demolition du batiment et 1a disposition des debris et autres items sur les lieux no comprennent pas le nettoyage, la remise on etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement on toute partie de Penvironnement. Date a laquelle la on les mesures doivent etre priscso : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, on a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 60 jours qui suivent Ia signification de l'avis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 fours qui suivent Ia signification de I'avis de conformite. Date A laquelle un appel de l'avis peut etre depose: Dans les 14 jours qui suivent la notification de l'avis de confonnite. Processus d'appel . La proprietaire peux dans les 14 jours qui suivent Ia notification de i'avis de conformite, envoye un avis d'appel par courri.er recommande a Ia greffiere communale de la municipalite, a The City of Saint John, edifice de 1'h6tel de ville, 8' etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le delai prescritz : Le paragraphe 136(1) de la Loi sur la gouvernanee locale prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable on vertu de Ia partie 2 de la Loi sur la proc6dure applicable aux infractions provinciales a titre d' infraction de 1a classe F. L,orsq,u''une infraction prevue an paragraphe 136(1) se poursuit pendant plus dune journec, 1'amende minimale qui pout etre iunposee est l'amende minimale prevue par Ia Loi sur la procedure applicable arra infractions provinciales pour une infraction de la classe F multipliee par le nombre de fours pendant lesquels l'infraction se poursuit conformement a I'alinea 136(3)(b)(i). said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. s" Dated at Saint John the day of March, 2018 Municipality: The City of 'Saint John Signature of Municipal Officer: d Municipal Officer's Contact information ]"Mame: Rachel Van Wart, ETT Mailing address: Growth. and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10"' Floor R D. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 6:58-2911 'T'elecopier: (506) 632-6199 Email: c.el.vanwrt a saarlhn.ca:. Seal of municipality Notes: 1, All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the anunicipality and may be added to the joint municipal and provincial Real Property .Assessment and Tax Notice. l'avis donne tel que le prevoit ]'article 1.32, la municipalite peat faire nettoyer ou r6parer les lieux en question ou faire reparer ou demolir le bAtiment ou autre construction en question. De plus, le paragraphe 137(3) de la Loi sur la gouvernance locale stipule: que les coasts afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sunt rnis a la charge du proprietaire ou de ]'occupant et deviennent une cr6ance du gouvernement local. Fail A Saint John le mars, 2018. Municipalite : The City of Saint John Signature de la representante municipale: Coordonn6cs de la repr6sentante municipals: Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edilflce de 6'h6tel de vi Ile, 1 Oe 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 41,1 Telephone: (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanw rt cr�saint°ollua..ra Sceau de la municipalite Notes : i. Tous les permis prescrits doivent etre obtenus et toute la 16gislation pertmente doit etre respect&, pendant 1'execution de is nnesure de recours. 2 Le paiement de 1'amendc W annule pas ']obligation de respecter Parreie, la norme ou 'l'avis de conformite. 3. Les coats deviennent une dette covers la municipalit6 et peuvent etre ajout6s h I'avis d'6valuation et d'imp6t Foncier municipal et provincial. 99-101 St. James Street Saint John, New Brunswick PID# 2733 Inspection Date: March 12, 2018 Inspections Conducted by: Rachel Van Wart, EIT Introduction thig —"day of _20LL, _�iqwds Officer Inspections of the property at 99401 St. James Street, PID# 2733, have revealed that there is one building on the premise (the "Building"); a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order issued on November 6, 2014. In addition, the Building was previously subject to the Minimum Property Standards Program. The property is currently listed for sale and is located in the City's South Peninsula in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsijzhtiv Premises and Unsightly Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood with jagged pieces and protruding nails, a fallen set of stairs, a door, extension cords, a chair, and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The Building's exterior cladding consists of wooden shingles that are peeling, missing and rotten in numerous locations. The fascia on the second storey is missing, creating a hole which pigeons have been noted to ,occupy on numerous inspections. The remaining front trim is rotten and deteriorating. There are 2x4s attached to the facade above the Juliet balcony on the front of the Building that was constructed without a building permit. In addition, there are 2x4s installed above the first storey window that are hanging. The front concrete stairs are cracked and deteriorated. The brick to the right of the stairs is loose and crumbling. The left side concrete stairs leading to the rear of the r) --- LA._ ___ -I-- --A 'rl,- 1__A4__ +_ +k- +1,,,A -A- 3. There is a wooden fence to the right rear of the Building. The white paint on the fence is peeling and is unsightly. Some boards of the fence are broken and show signs of rot. Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings that are in a dilapidated condition can attract vandalism, arson, or criminal activity, as well as pose a hazard to the safety of the public and devalue homes in the surrounding area. There are two police reports on file; the first dated July 2015 stating that women were entering the Building and the second dated April 25, 2017 stating that the front door had plywood ripped off and was open. In addition, the Building has been found open on a number of occasions and property management maintenance staff has found evidence of squatters on numerous occasions. The City of Saint John Finance department confirmed that the water has been turned off since May 2016. Saint John Energy confirmed that the power has been disconnected since October 2014. 2, There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The property neighbors a single dwelling unit at 97 St. James Street. If a fire event were to occur within the Building, it could spread to neighboring property which would cause significant damage to the Building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The Saint John Fire Department vacated the Building in 2014 due to a number of fire -safety concerns. The March 12, 2018 interior inspection found numerous amounts of garbage and household items such as beds, tables, and chairs throughout the Building. These items and hazards could restrict movement of emergency personnel should they need to gain entry. The rear stairs leading to the second storey are in poor condition and could fail should emergency personnel attempt to use them. In addition, the staircase to the left of the Building, providing the exiting to the third floor unit, has been removed. Personnel may also be required to enter the basement which is partially finished creating narrow spaces leading from the front of the Building to the rear. Dilapidated Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. injure pedestnans, including: wooden shingles, fascia, trim, the Juliet balcony and 2x4 members. The fascia on the second storey is missing, creating a hole which pigeons have been noted to occupy on numerous inspections. The pigeons could cause further deterioration causing wooden fascia to fall from the Building which could cause personal injury to pedestrians. The front and rear left side concrete stairs are both cracked and deteriorated which could cause a tripping hazard to anyone entering the Building or walking around the property. The brick to the right of the front concrete stairs is loose and crumbling. If the bricks were to fail they could fall near or onto the sidewalk which could cause a tripping hazard for pedestrians. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. The stairs on the left side of the Building are dilapidated and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 2. Interior Conditions: There are multiple holes in the ceilings and walls throughout the Building, exposing pipes and water damage, Paint is peeling from the walls and ceilings in many rooms throughout the Building. There is evidence of rodents in the Building. The basement is in a general state of dilapidation and decay with an accumulation of junk and garbage and water damage. The stairs leading to the basement are sloped with low head clearance. There is loose stone in portions of the foundation walls in the basement. There is also parging in numerous locations of the foundation walls which appears to be an attempt to repair. There are built up floors in a portion of the basement that are soft under load. Moisture is evident in the basement with black mold covering the drywall which is a respiratory hazard to those entering the Building. Structurally Unsound Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The foundation of the Building is unsound in numerous locations. The brick foundation at the front right comer of the Building is structurally unsound and failing. On the right side wall of the basement the stone foundation is A+P'r4nrnf;"rx nvexllnrl ixr"Anxx7 n",,"nrrc T -n qe1A;4-in-n, fb,- fnivmAntinn of 2. The elevated moisture level in the basement can have negative effects on the structural integrity of the Building. Moisture can cause rot in wooden structural members and cause softening of other materials. Built up floors in a portion of the basement are soft under load. 3. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. 4. The stairs on the left side of the Building are structurally unsound and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 5. The Juliet balcony at the front of the Building was not constructed to code and is hazardous if live load is applied. In addition, if failure occurs it would fall onto the sidewalk injuring pedestrians. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2 010) as well as all other applicable by-laws. aws. 2, The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. S. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Rachel Van Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: L4L� Amy PoffenroW, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Mo r6k 112,71 2�) Date I Date Mo r6k 112,71 2�) Date I CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B. (PID number AFFIDAVIT OF SERVICE of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On at approximately I posted a copy of the attached Notice to Comply, marked Exhibit -A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at C Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 21,44- day of 2018 kACHEL A VAN WART COMMISSIONER OF OATFZ MY COMMISSION EXPIRES 407 DECEMBER 31 ST ..2022 roc V Vryt. 4 FORM 1 FORMULE 1 amml er at 4�a#i7s NOTICE TO COMPLY AVIS DE CONFORMITE (Municipalities Act, R.SN.B. 1973, (Loi sur les municipalites, L.R.N.-B. de 1973, c.M-22, s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier: 2733 Numero d'identification de la parcelle : 2733 Address: 99-101 St. James Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Kapil, Anita Adresse: 99-101, rue St. James, Saint John, Nouveau -Brunswick Proprietaire(s) on occupant(s) : Nom: Kapil, Anita Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Name: Kapil, Pardeep Kumar Nom: Kapil, Pardeep Kumar Address: 12398 Nicola Street, Pitt Meadows, British Adresse : 12398, rue Nicola, Pitt Meadows, Columbia V3Y 2K8 Colombie-Britannique, V3Y 2K8 Municipality issuing notice: City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the `By- law"). Municipalite signifiant l'avis : City of Saint John Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M-30, ainsi que ses modifications ci-afferentes (1' « Arrete »). Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, S.N.B. 2017, 131(2) et paragraphe 131(3) de la Loi sur la c. 18 and amendments thereto. gouvernance locale municipalites, ainsi que les modifications afferentes. The Land Registry Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 196 of the Local Governance Act. Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated March 26, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance Le Reglement sur les formules du registre de bien- fonds — Loi sur les municipalites, Reglement 2007-22 du Nouveau -Brunswick, qui prescrit qu'un avis de conformite doit etre etabli selon la formule 1, demeure valide et reste en vigueur en vertu de Particle 196 de la Loi sur la gouvernance locale. Description de la (des) condition(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le batiment delabre. Le batiment est devenu dangereuse pour la securite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son delabrement et du fait de manque de solidite. Les conditions du batiment et des lieux sont decrites a 1'annexe « A >>, une copie conforme du rapport d'inspection en date du 26 mars 2018 et prepare par Rachel Van Wart, IS, une agente charge de 1'execution des arretes municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de 1'execution des arretes municipaux. Mesure(s) a prendre : La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le batiment et les lieux en conformites avec 1'Arrete. hazard to the safety of the public and the premises may represente un danger pour la securite du public et les be cleaned up. lieux pourront etre nettoyes. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: t a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8th Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non-compliance within specified time:2 Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under section 132 of the said Act, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 136(3) (b)(i)• Dans 1'eventualite de demolition, tous les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. Les mesures correctives susmentionnees relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur 1'environnement ou toute partie de Penvironnement. Date i laquelle la on les mesures doivent etre prisesi : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 60 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent la signification de Pavis de conformite. Date a laquelle un appel de 1'avis peut etre depose: Dans les 14 jours qui suivent la notification de Favis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de PhStel de ville, 8` etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le delai prescrit2 : Le paragraphe 136(1) de la Loi sur la gouvernance locale prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 136(1) se poursuit pendant plus d'une journee, Famende minimale qui peut etre imposee est Pamende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformement a Palinea 136(3)(b)(i). said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. -t$- Dated at Saint John the day of March, 2018. Municipality: The City of Saint John Signature of Municipal Officer: i Municipal Officer's Contact information: Name: Rachel Van Wart, ETT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rachel.vanwartaa-,si! n ohn.ca Seal of municipality Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Favis donne tel que le prevoit Particle 132, la municipalite peut faire nettoyer ou reparer les lieux en question ou faire reparer ou demolir le batiment ou autre construction en question. De plus, le paragraphe 137(3) de la Loi sur la gouvernance locale stipule que les couts afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du proprietaire ou de 1'occupant et deviennent une creance du gouvernement local. Fait a Saint John le _ mars, 2018 Municipalite : The City of Saint John Signature de la representante municipale: Coordonnees de la representante municipale : Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de Fh6tel de ville, l0e etage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 Telephone: (506) 658-2911 Telecopieur : (506) 632-6199 Courriel: rachel.vanwartna,saintjohn.ca Sceau de la municipalite Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'execution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter I'arrete, la norme ou 1'avis de conformite. 3. Les coins deviennent une dette envers la municipalite et peuvent etre ajoutes a 1'avis d'evaluation et d'imp6t foncier municipal et provincial. 99-101 St. James Street Saint John, New Brunswick PID# 2733 Inspection Date: March 12, 2018 Inspections Conducted by: Rachel Van Wart, EIT Introduction this2524- 20/9. trr3s Officer Inspections of the property at 99-101 St. James Street, PID# 2733, have revealed that there is one building on the premise (the "Building"); a three-storey, three -unit apartment building. Staff first became aware of the property's vacancy in November 2014 when the property was vacated due to a Fire Marshal's Order issued on November 6, 2014. In addition, the Building was previously subject to the Minimum Property Standards Program. The property is currently listed for sale and is located in the City's South Peninsula in an urban centre residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; discarded wood with jagged pieces and protruding nails, a fallen set of stairs, a door, extension cords, a chair, and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The Building's exterior cladding consists of wooden shingles that are peeling, missing and rotten in numerous locations. The fascia on the second storey is missing, creating a hole which pigeons have been noted to occupy on numerous inspections. The remaining front trim is rotten and deteriorating. There are 2x4s attached to the facade above the Juliet balcony on the front of the Building that was constructed without a building permit. In addition, there are 2x4s installed above the first storey window that are hanging. The front concrete stairs are cracked and deteriorated. The brick to the right of the stairs is loose and crumbling. The left side concrete stairs leading to the rear of the 3. There is a wooden fence to the right rear of the Building. The white paint on the fence is peeling and is unsightly. Some boards of the fence are broken and show signs of rot. Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. Buildings that are in a dilapidated condition can attract vandalism, arson, or criminal activity, as well as pose a hazard to the safety of the public and devalue homes in the surrounding area. There are two police reports on file; the first dated July 2015 stating that women were entering the Building and the second dated April 25, 2017 stating that the front door had plywood ripped off and was open. In addition, the Building has been found open on a number of occasions and property management maintenance staff has found evidence of squatters on numerous occasions. The City of Saint John Finance department confirmed that the water has been turned off since May 2016. Saint John Energy confirmed that the power has been disconnected since October 2014. 2. There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant. The property neighbors a single dwelling unit at 97 St. James Street. If a fire event were to occur within the Building, it could spread to neighboring property which would cause significant damage to the Building and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The Saint John Fire Department vacated the Building in 2014 due to a number of fire -safety concerns. The March 12, 2018 interior inspection found numerous amounts of garbage and household items such as beds, tables, and chairs throughout the Building. These items and hazards could restrict movement of emergency personnel should they need to gain entry. The rear stairs leading to the second storey are in poor condition and could fail should emergency personnel attempt to use them. In addition, the staircase to the left of the Building, providing the exiting to the third floor unit, has been removed. Personnel may also be required to enter the basement which is partially finished creating narrow spaces leading from the front of the Building to the rear. Dilapidated Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. T1_ T •1 1• injure pedestrians, including: wooden shingles, fascia, trim, the Juliet balcony and 2x4 members. The fascia on the second storey is missing, creating.a hole which pigeons have been noted to occupy on numerous inspections. The pigeons could cause further deterioration causing wooden fascia to fall from the Building which could cause personal injury to pedestrians. The front and rear left side concrete stairs are both cracked and deteriorated which could cause a tripping hazard to anyone entering the Building or walking around the property. The brick to the right of the front concrete stairs is loose and crumbling. If the bricks were to fail they could fall near or onto the sidewalk which could cause a tripping hazard for pedestrians. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. The stairs on the left side of the Building are dilapidated and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 2. Interior Conditions: There are multiple holes in the ceilings and walls throughout the Building, exposing pipes and water damage. Paint is peeling from the walls and ceilings in many rooms throughout the Building. There is evidence of rodents in the Building. The basement is in a general state of dilapidation and decay with an accumulation of junk and garbage and water damage. The stairs leading to the basement are sloped with low head clearance. There is loose stone in portions of the foundation walls in the basement. There is also parging in numerous locations of the foundation walls which appears to be an attempt to repair. There are built up floors in a portion of the basement that are soft under load. Moisture is evident in the basement with black mold covering the drywall which is a respiratory hazard to those entering the Building. Structurally, Unsound Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: 1. The foundation of the Building is unsound in numerous locations. The brick foundation at the front right corner of the Building is structurally unsound and failing. On the right side wall of the basement the stone foundation is 2. The elevated moisture level in the basement can have negative effects on the structural integrity of the Building. Moisture can cause rot in wooden structural members and cause softening of other materials. Built up floors in a portion of the basement are soft under load. 3. The stairs at the rear of the Building are leaning as they do not have suitable foundation. Live load could cause failure or personal injury. 4. The stairs on the left side of the Building are structurally unsound and rotten with hanging wooden members with protruding nails. The bottom portion of the stairs has been removed and remains lying in an entrance to the basement, which is now blocked with a pile of discarded material. There are gaps in the landing with floor boards missing. These stairs are in close proximity to the property line and failure could result in injury to anyone who may be on the neighbouring property. 5. The Juliet balcony at the front of the Building was not constructed to code and is hazardous if live load is applied. In addition, if failure occurs it would fall onto the sidewalk injuring pedestrians. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Rachel Van Wart, EIT Dale Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Amy PoffenroG, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services Ma rck #Z.7, 20 C f3 Date (Municipalities Act, K.S.N.B. sur.les municipalites, L.R.N.-B. de 1973, c. M-22, s.190.021(1)) "O. M i sioner of bathe ch. M-22, par. 190.021(1)) File No.: 1 -0.191 OUT 2140 Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: N° du dossier: ENTRE: Appelant(s), - et - THE CITY OF SAINT JOHN, Intimae. Numdro d'identification de la parcelle : # NID Adresse de la parcelle : Propridtaire(s) ou occupant(s) Nom: Adresse Tdldphone: Nom: Adresse Tdldphone: that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2018. Favis qui a ete notifie aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de faVon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8t' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 le 2018. Signature du proprietaire ou Foccupant L'appelant(s) a (ont) Fintention d'utiliser la langue frangaise ou anaise (Veuillez cocher la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de l'avis d Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Te16copieur: 506-674-4214 Notes: Notes : may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen 04) days after making its decision. 5: The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. (ont) le droit d'etre entendu(s)1 et peut(vent) se faire representer par un avocat. 3. Lors dun appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur des municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. 00151112 1 VA I to I a L".1 110 1 )1, VR,rl'Ae"-- of the City of Saint John in the County of IN•0-1990-vm On the �2�day of ,)b---1) 2018,1 mailed: 0 a Cover letter, annexed hereto marked Exbibit "A", 0 a Notice of Common Council Hearing Letter, annexed hereto marked Exhibit "B", and ® a Decision of the Saint John Substandard properties Appeal Committee, annexed hereto marked Exhibit "C", to at 12,316" by registered mail. I addressed the envelope, placed the document in the envelope, sealed the envelope and took it to the mail room, 12th Floor City Hall. I added the required postage and placed the envelope in the box for pickup by Canada Post. The tracking number is Sworn To before me at the City of Saint John, N.B., on the 8,4` day of I -] ia� t"I.C11 ,2018 RACHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST 2022 419 Case Number: 13-571 12398 Nicola Street Pitt Meadows, BC V3Y 2K8 Dear Sir/Madam: Buildings and Inspection Services / Services d'inspection et des bitiments Phone / T61: (506) 658-2911 Fax / T61kc. (506) 632-6199 " This Is Exhibit 14 fl Referred to In the Affidavit of Sworn before me at ft Cft• y of Saint John, Now Bnmewick the 'day of Commissioner of Oaths XE: Property located at 99-101 St. James Street, PID#27-1, Please find enclosed a copy of the Decision of the Saint John Substandard Properties Appeal Committee dated May 31, 2018 by Cheryl Johnson with respect to your property located at 99-101 St. James Street, Saint John, N& In addition, please find enclosed a Notice of Common Council Hearing Letter dated June 5,2018. Regards, Rachel Van Wart, EIT Standards Officer C. Jeff Murray, Canada Homes for Rent via Process Server www.saintjohn.ca 420 un�1 Case Number: 13-571 Anita & Pardeep Kapil 12398 Nicola Street Pitt Meadows, BC V3Y 2K8 Dear Sir/Madam: Buildings and Inspection Services / Services d'inspection et des bfitiments Phone / T61: (506) 658-2911 Fax / T616c: (506) 632-6199 This is Exhibit 0 j� " F�100MW to In the AffideAtDt .2 SWOM be—fo—re — Saint John0f , New arunswick the day LL ciml—M-1 MOW RE: Property located at 99-101 St. James Street, PID #2733 Dangerous and Vacant Building Program On March 27, 2018, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law. The Notice to Comply was posted to the building on March 27, 2018 and served on April 5, 2018. A Notice of Appeal was filed on April 20, 2018. On May 28, 2018 a Substandard Properties Appeal Committee Hearing was held. The decision of the hearing is as follows: The Notice to Comply, dated March 27`h, 2018 pertaining to PID 2 733 is confirmed in all respects and the Appellant is required to complete the necessary remedial work to bring the property into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30 within the time frames set out therein. Therefore, a compliance inspection was conducted on June 5, 2018. The property was not in compliance with the aforesaid By-law at the time of the inspection, therefore, City Staff will be attending the Common Council meeting scheduled on June 18, 2018 at 6:OOPM to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. Buildings and Inspection Services / Services d'inspection et des bfitiments Phone/ Tel® (506) 658-2911 Fax / T06c: (506) 632-6199 w =-. Rachel Van Wart, ETT Technical Services Officer WIN CPA This is Exhibit Referred to in the Affidevit rf &Norn before me at the City o Sasnt 4ohn, New 8nmewick the day ofCOC aLl FILE: 2018-1 COMMIssloner of IN THE MATTER OF AN APPEAL with respect to sections 131(l),131(2) and 131(3) of the Local Governance Act, SNB, 2017, C. 18 and the Saint John Unsightly Premises and Dangerous Buildings and Structures Byaw, By -Law Number M-30 -L 8�11 �� I 1 �� rY 1r iG %1 ,'' ill Re: Parcel Identifier Number: 273 3 0 Parcel Address: 99-101 St. James Street, John, Owners: Anita Kapil and Pardeep Kumar Kalz Parties Present: Appellant: Jeff Murray, from Canada Homes for Rent Inc., agent appearing on behalf of the Appellant Respondent: Rachel Van Wart, EIS', Technical Services Officer/Municipal Officer on behalf of the City of Saint John -l- November2014 the City sent the owners a First Notice informing them that the Building was hazardous and vacant and that the hazardous condition needed to be remedied otherwise a Notice to Comply might issue (Exhibit "3.0l'), The owners were advised to contact the City. 8. On May l 2017 the City sent the owners a Second Notice informing them that the Building was hazardous and vacant and that the hazardous condition needed to be remedied otherwise a Notice to Comply mi,--Jat issue fExhibit "3,02:�(,. The owners were again advised to contact the City. 9. The Inspection Report dated March 27th, 2018 indicates that the property is not in compliance with the Saint John Unsi LAW- tl- niL By -Law, By -Law Number M-30, for a number of reasons, namely: That the condition of the premises is unsightly arising from the accumulation of junk, rubbish and refuse on the property, by the dilapidated condition of the exterior of the building and the poor condition of the wooden fence to the right rear of the building. b) That the Building is a hazard to the safety of th"pa ason of being vacant or unoccupied as it can attract vandalism, arson or criminal activity, There have been police reports of people entering the building and evidence of squatters. Waterhas been turned off since May 2016 and power disconnected since October 2014. It is believed that it poses a higher risk of fire hazard because it is known to be vacant and that if a fire event occurred it could easily spread to adjoining properties. There is also a concern for the safety of emergency personnel in the event of a fire given the poor condition of the Building and the numerous amounts of household items and garbage scattered throughout c) That the Building is a hazard to the safety of the public by reason of dilapidation both inside and outside. Various building materials are deteriorated on the exterior of the Building that could fall and injure pedestrians. Fascia is missing, creating holes for animals to enter which can lead to further deterioration of the Building, Concrete stairs are cracked and deteriorated, bricks are crumbling, some stairs are leaning and without suitable foundation, some stairs were describef as rotten with hanging wood members and protruding nails, etc. On the inside there are multiple holes in the ceilings and walls, exposed pipes, peeling paint, water damage and evidence of rodent activity. The basement is described to be in a general state of dilapidation and decay as it is filled with accumulated junk and garbage, sloped stairs leading to the basement, loose stone in portions of the foundation, parging in various areas of the walls, floors being soft under load and evidence of black mold. d) That the Building is a hazard to the safety of the public by reason of unsoundness of structural strength. The foundation and stairs appear to be unsound in a number of locations as more particularly specified in the report. There is concern that the elevated moisture levels in the basement can also negatively impact the structural —2- 425 integrity of the Building over time as it can lead to rot and softening of various materials. There is concern that the Juliet balcony at the ftont of the building is not in compliance with code and is hazardous if live load is applied. 10. The Notice to Comply stipulates that the property owners are to remedy the property in accordance with the provisions set out in the Inspection Report and bring the building and premises into compliance with the aforesaid By-law, Essentially two options were set out in the Inspection Report, namely, remedy the conditions of the Building through repair and remedial actions or demolish the Building and cleanup all debris on the premises by complying with the remedial action as specified therein, Both options stipulate that the owners are required to comply with all applicable By-laws, Acts, Codes and Regulations when carrying out the work including obtaining any necessary pennits. If the owners choose to demolish the Building they have 60 days following the service of the Notice to Comply to complete all the necessary work. If the owners wish to ref air and rer*=4% t A U WM F17 M ON! MUM RUNM '010 VY CLA, ufff 79"U" OrTo 4,1711c, 7 UUM 7 ef aic IN ofice to Comply oy reprstered mail (April 5h, 2018), notwithstanding that the service of the said document was deemed valid the date it was posted on the Building (March 27"', 2018). 11. The Appellant's grounds of appeal are set forth in his Notice of Appeal as follows: 1) F ind Another Buyer & Sell It 2) Enter Property Into City Ma, hing Isic] Investor Program 3) Get Quote To Renovate it 4) Demolish The Structure & Comply HIM City Order 12. The property is located in a central urban residential zone in the City's South Peninsula, it is close to an elementary school, Rainbow Park and Queen's Park. Itisahigb densityarea and the condition of the Bung and property are clearly visible by abutting landowners and other neighbours. There are a number of vehicles and pedestrians passing by it on a daily basis. Not all items listed in the Inspection Report are visible ftom every location along the street. 13. Mr. Murray testified that Mr. and Mrs. Kapil keep their otber three properties in the City in a good state of repair. They have worked with the City to address any issues raised in regards to the condition of the buildings on those properties. He stated that the owners effectively ran out of on the subject property. All four properties are listed for sale. The subject property has been on the market for the last 9 months. 14. The City introduced into evidence a. series of 19 aerial and inspection photographs of the subject property (Exhibit"3, 10") taken at different periods in time that clearly illustrate the unsightly and dilapidated condition of the Building and premises, The evidence of the City is that the pictures accurately reflect the condition of the Building and property at the time of each inspectiM'. Mr. Murray took no issue with the photographs. 15. Ms. Van Wart stated that the City has already given the property owners a longer period to comply than it would normally allow. The Respondent is requesting that the Notice to Comply be —3- 426 16. The Appellant is requesting an additional 6 months to a year to sell. the property before being required to do any rem edial work. Although the property is currently listed for sale, there have taken no active steps to clean up or secure the premises, VM 131(1) Ido person shall permit premises owned or occupied by him or her to be unsighdy by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment or machinery or the body or anypart of vehicle, equipment or machinery, or (d) a dilapidated building, 13l (2) No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. 131(3) No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. 11111 pill 11`1�� 1111111 @1�11�1111 `:...may confirm, modify or rescind the notice or amend the dMejor complying with the notice." 19. The Duties and Powers of the Saint John Substandard Properties Appeal Committee are se', out in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties 4ppeal Committee in Section H. 4., which states as follows: 3. "The Appeal Committee shall when making its decision in an appe involving an allegedly dangerous building or structure, give due consideration to thefollowing: i (a) Section 190.0 7 of the Municipalities Act, which provides that a reportfrom an Architect, an Engineer, F,% `e', pector or the Fire Marshall stating that a building or structure is dilapidated or —4- 427 structurally unsound is proof in the absence of is dilapidated or structurally unsound, (b) Other representations and evidence presented in support of the Notice that is being appealed; and re) Other representations and evidence presented by the Appellant or his counsel. 4. "The Appeal Committee Nhall when making its decision in an appeal involving allegedly unsightly premises give due consideration to the following. (a) Whether the items involved are enumerated in subsection 190.01(1) of the Municipalities Act (now section 131 (1) ofthe Local Governance Act [supra]); (b) The location from which the items involved are clearly visible; (c) The location and use of the Property; (d) Any representations and evidence presented in support of the Nodee that is being appealed; and (e) Any representation and evidence presented by the Appellant or his counsel" 20. The subject property has been vacant and unoccupied at least since the Fire Marshal's Order issued in 2014. The property owners have known or ought to have known for a lengthy period of time that the Building and property have not been in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30 ami have taken no steps to remedy the situation. Little weight was attached to Mr. Murray's evidence that the owners do not have the financial means to do the necessary work as there was no corroborating evidence. 21. After due consideration of all the evidence and representations made by the parties the Appeal Committee is satisfied that the condition of the subject property is unsightly, that the Building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation or unsoundness of structural strength for the reasons set forth in the Inspection Report dated March 27th, 2018, being contrary to the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By -Law Number M-30. The property needs to be remedie4.. 22, Therefore, the Notice to Comply, dated March 2 �h 2018 pertaining to PID 2733 is 4-11-MfIX-1 i-1T4--LZT--4-&1 -, V-01-11IT11-3147-311 work to bring the property into compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, BkLaw Number M-30 within the time frames set out therein. "I.- Dated at Saint John, New Brunswick this 31" day of May, 2018. 1 f s r, �1 ,5aarxt John Jolihson, Chairperson... . ery' Substandard 11"Per°taes Appeal Committee W1. I I I I I I 6 0 1 1 0 CL COUNCIL REPORT M&C No. M&C 2018-195 Report Date June 29, 2018 Meeting Date July 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018-2019 Operational Changes at City Arenas OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Tim O'Reilly, Amy McLennan, Jen Reed Michael Hugenholtz Jeff Trail RECOMMENDATIONS Your City Manager recommends Common Council: 1) Approve the 2018-2019 Arena User Rates, including a Short Notice Discount Pilot Project, as described in M&C 2018-195, and 2) Endorse, as a component of the City's Long Term Financial Plan, the establishment of a Capital Reserve for the purpose of replacing ice arenas. EXECUTIVE SUMMARY This report presents a number of revenue generation, cost reduction, and debt mitigation initiatives associated with operations of the City's four civic arenas. The purpose of these proposed changes is to manage impact on users, contribute to improving the City's fiscal health, and create fiscal capacity to fund the replacement of these recreation assets. PREVIOUS RESOLUTION N/A REPORT Toward Generating Fiscal Capacity The City's four civic arenas (Stuart Hurley, Peter Murray, Charles Gorman, and Hilton Belyea) are reaching the end of their useful life. Condition assessments planned in 2018 for the City's four civic arenas and the Lord Beaverbrook Rink will bring more clarity to their lifecycle stage, but at least for the City's four civic HCR] -2 - arenas, the remaining useful years are numbered without significant capital reinvestment. The infrastructure deficit associated with the four areas is valued at $13,518,925. The operational and maintenance costs of these four civic arenas are funded by users and taxpayers but no funds are being set aside to replace these costly assets and the associated deficit continues to grow. It will be difficult to fund the replacement of these assets in a challenging fiscal climate, coupled with the Capital investment needs of other City assets being identified through the City's Asset Management Program. The City's Finance Committee and Common Council recently endorsed policy that would allow creation of Capital Reserves. These Reserves allow funds to be set aside for known Capital reinvestments instead of paying interest on borrowed funds and adding to the City's debt load. Staff is proposing a Capital Reserve be created for the replacement of arenas in Saint John as part of the City's Long Term Financial Plan. Resourcing this Reserve with cost reduction and revenue generation initiatives, such as those recommended in this report, can demonstrate transparency and purpose for the users of these facilities that may be impacted by the associated changes. Proposed 2018-2019 Arena Hourly Rental Rates Adjustments to rates charged to users of the City's four civic arenas require approval of Common Council. A 2.5 % adjustment for the 2018-2019 season for inflation is recommended by City staff. Maintaining rates that are representative of other arenas in the Region is the main factor in setting the hourly rental rates. The only exemption to this is a recommended decrease to the "Pre -Prime" rate from $116.01 to $100.00 per hour as a pilot project with intent to increase demand and revenue during this traditionally lower demand period. The recommended hourly rates for the 2018-2019 season, inclusive of HST, are: 2017-2018 Times Hourly Rate Pre Prime $100.00 Prime Time $206.95 Post Prime $170.37 Weekday 7am $88.04 School/Birthday $104.05 Floor (No Ice) Rentals $37.70 Seniors Ice $60.60 Youth Tournament $97.48 11ElK -3 - The terms/times in the preceding table are defined as follows: • Pre Prime is Monday — Friday, 8 AM — 4 PM • Prime Time is Monday— Friday, 4 PM —10 PM and Saturday— Sunday, 7 AM -10 PM • Post Prime is Monday — Friday, 10 PM — midnight and Saturday — Sunday, i[�1�► Qi�i��► l • Weekday 7am is Monday— Friday, 7 AM — 8 AM Pending approval with the 2019 General Fund Operating Budget, a Youth Ice Sports subsidy will continue offset a portion of these fees to encourage youth participation. Many other municipalities offer a discounted rate for youth rentals; this Youth subsidy accomplishes the same result. Approximately 57% of the cost to operate and maintain the City's four civic arenas would continue to be subsidized by taxpayers assuming the same youth Ice Sports Subsidy from 2018 to 2019 and similar increases in revenues and operating/maintenance expenses between these two years. Short Notice Discount Pilot Project: City staff is recommending a 25% reduction in the charged hourly rates where ice rentals that are booked within 24 hours of the available time. Available times on Saturdays Sundays may be booked during business hours on the preceding Friday. This is similar to a "seat sale" approach to secure revenues from last minute un - booked ice, including times where bookings are cancelled. City staff will monitor the additional revenues generated via this pilot project. Reduced Low -Revenue -Generating Operating Hours Demand for paid day time weekday bookings at the City's four civic arenas is very low. Evening and weekend ice times are in much greater demand and generate significantly more revenue. Most of the day time weekday use is associated with free skating programs, the Anglophone South School District, and other user groups that generate no or minimum revenue. For the 2018-2019 winter ice season, City staff is intending to not support programming: • at the Hilton Belyea arena on Mondays through Fridays until 4 PM and, • at the Stewart Hurley on Mondays until 4 PM, and • at the Gorman Arena on Tuesdays until 4 PM, and The only likely exception to the above plan is if support for a major tournament or high demand public skating sessions on March Break and Family Day is required. -4 - Ice Allocation and Management Policy Changes The City's Ice Allocation and Management Policy was implemented in 2011 and updated in 2013. Attached to this report is a marked -up version of the City's current Ice Allocation Policy with a series of proposed changes. The proposed new content is highlighted yellow. City staff is currently reviewing these proposed changes with major ice user groups. The plan is to return to Council at their July 30, 2018 meeting to recommend policy changes after this consultation period. The highlights of the proposed significant changes include: • Identified date to submit residency lists • Administrative fee (noncompliance, mass cancelation, late payment fees) • Reasonable ice time hours for adult groups • Removal of sections 11 and 12, (Distribution Guidelines and Prime and Non -Prime ice time) • Five day cancelation policy • Payment Terms • Arena Code of Conduct Minimizing Capital Investment in the City's Four Civic Arenas City staff intends to heavily scrutinize Capital investment spending in the four civic arenas. Minimum to moderate investments related to safety and immediate operational requirements will be recommended. Service enhancements and significant investments will be discouraged. The intent is to defer accrued debt for the inevitable borrowing that will be required to partially fund the replaced arenas. STRATEGIC ALIGNMENT Maximizing revenue from ice rentals, minimizing the overall cost of operations and proactively allocating Capital funds necessary to replace important City recreational infrastructure supports Council's priority to be fiscally responsible. SERVICE AND FINANCIAL OUTCOMES The plan to reduce low -revenue -generating arena operating hours as detailed in this report is anticipated to generate a net savings of approximately $50,000 annually. With the suggested reduction in arena operating hours, senior, tiny tot and public skating will be reduced in each section of the city one day per week. However, opportunity for each of these skates will still be available at the open arenas. School skates and other users may need to relocate to other arenas. CElIr� -5 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Department of Finance provided advice in developing this report. ATTACHMENTS Contemplated Administration Fees Ice Allocation and Management Policy with Contemplated Changes CE,191 Arena Administration Fees 2018-2019 Charge Fee NSF $25 Late payment fee $50 —Team ( payments not paid on time) $200 —League Mass Cancellations. $500—Team (arena user) If groups cancels the allotment of $1000 — League (arena user) hours below, the fee will apply: $1000 —Tournament (arena user) • Teams = 10 hours • Leagues = 20 hours • Tournaments = 20 hours Non Compliance $50 per week, to a maximum of (request for residency $200 if they never submit, plus will not be information) eligible for priority bookings the following year. Delinquent Account • 25% of invoice is due prior to first (applied to accounts that were booking; delinquent the year previous) • 25% due within first quarter of season, • 25% due halfway through season, • 25% (remainder) due three quarters of the way through season. Facility Clean Up $50 first time offense $100 any recurring offenses Void Key Deposit Return $100; repeated infractions may result in loss of key privileges. 11ElEllI ICE TIME ALLOCATION AND MANAGEMENT POLICY City of Saint John Parks and Recreation «R, City of Saint John Contents Ice Allocation Policy 1. Authority.....................................................................................................................................4 2. Responsibility.............................................................................................................................4 3. Guiding Principles......................................................................................................................4 4. Annual Review............................................................................................................................4 5. Operational..................................................................................................................................5 6. Rights Reserved..........................................................................................................................5 7. Client Priority..............................................................................................................................5 8. Gender Equity.............................................................................................................................6 9. Residency Requirement..............................................................................................................7 10. Standard of Play......................................................................................................................8 11. Distribution Guideline............................................................................................................9 12. Prime and Non -Prime Ice Time............................................................................................10 13. Tournaments and Special Events..........................................................................................10 14. Processing Applications and Permits....................................................................................11 15. City Cancellations.................................................................................................................11 16. Breach of Contract................................................................................................................12 17. Exclusivity............................................................................................................................12 18. New Users or Programs........................................................................................................12 19. Opening Arenas Outside of Standard Hours of Operation....................................................12 20. Code of Conduct...................................................................................................................12 21. General Administration.........................................................................................................13 22. Administration of Fees..........................................................................................................13 23. Deadlines for Ice Time Requests and Confirmation.............................................................14 24. Group Representation...........................................................................................................15 25. Indemnification and Insurance Requirements.......................................................................15 2 CE,[.1 CElVA City of Saint John CITY OF SAINT JOHN ICE TIME ALLOCATION POLICY Ice Allocation Policy It shall be the policy of the City of Saint John to confer upon the Parks & Recreation Department Paf4s Spaees as the authority and responsibility for implementation of the policies as outlined herein. It shall be the policy of the City of Saint John to manage, allocate and distribute ice times for City owned and operated arenas. Allocation of ice time shall reflect and take account of the population, registration, utilization, and participation patterns of the community in addition to applying provincial or federal directives as may be required. 3. Guiding Principles It shall be the policy of the City of Saint John that the following principles are considered and referenced in the development and updating of the Ice Allocation Policy. Optimize Usage of Ice: The Ice Allocation Policy shall ensure the effective management of total available ice time within the jurisdiction of the City of Saint John. Access and Equality: The policy shall ensure fair and equitable access to ice in terms of allocation as well as in the application of fees and charges. Youth Sport Development: Children and youth are a priority target and special consideration is given to accommodating children and youth activities and sport development. Diversity: The Policy shall provide options for a wide array of users and programs, current and emerging. Partnership: The Policy shall recognize the importance of partnerships with minor sport and community associations in the delivery of rink based activities. Financial Sustainability: The Policy shall provide a transparent framework for fiscally responsible ice facility operations. It shall be the policy of the City of Saint John that an annual review and update of the Ice Allocation Policy be conducted by the Deputy Commissioner and Staff of the Parks & Recreation Department Paf4s City of Saint John. CElE:3 City of Saint John Ice Allocation Policy It shall be the policy of the City of Saint John to update or amend any portion of this policy, operational and managerial documents as may be required to ensure policy principles are being met. Changes or amendments made to this Policy will be fairly applied. It shall be the policy of the City of Saint John to distribute ice time in an open and fair manner that best reflect the needs of the community while reserving the right to assign and reassign ice as may be required. It shall be the policy of the City of Saint John to allocate ice according to the following priorities: 1. City of Saint John programs and special events. • Programs provide at low or no cost for recreational skating opportunities and are made available by City of Saint John Parks & Recreation Department Paf4s ara n41ie cpae€s 2. Youth Tournament play (refer to Section 13) 3. Youth Associations, Organizations and Groups- non competitive 4. Youth Associations, Organizations and Groups- strictly competitive • Non-competitive and Competitive Youth Groups will be non-profit and based in the City of Saint John. For profit youth associations, organizations or groups will be place lower in the priority scheduling. • Non-competitive and Competitive Youth Groups will be established providers of quality sport and recreation programs for youth and be ,be guided by a constitution and bylaws, have an auditable financial statement, be affiliated with a Sport Governing Body and have an elected board of directors • Membership in the group will be made up predominately (75%) of City of Saint John residents. Memberships list from the previous year will be used to determine priority. Those groups not meeting the 75% residency rate will be place lower in the allocation process. "Non-competitive" means a sport or activity where the primary purpose is instructional or for leisure and does not involve an element of competition with regard to maintaining or achieving a competitive standing. CEl10.1 City of Saint John t Be .-aided by . nst;t„t;,,, a d bylaws -W 14a-,�ea*eleetedbE)afdE)�dir-eetE)r-s Ice Allocation Policy feq,aifed to p „diaee e ;denee tb..,t tb.e above e rd;tions . et 5. New Brunswick Department of Education and School Districts • A publicly funded school recognized by the province of New Brunswick as an education institution located in the city of Saint John. • Membership in the group will be made up predominately (75%) of City of Saint John residents 6. Adult' Associations, Organizations and Groups • Purpose of the Association, Organization, or Group is to involve individuals in recreation and sport • Membership in the group will be made up predominately (75%) of City of Saint John residents Memberships list from the previous year will be used to determine priority. Those groups not meeting the 75% residency rate will be place lower in the allocation process. 7. Commercial and Occasional Users • For profit organizations or individuals that use ice time with the intent of generation positive net income. 8. Gender Equity It shall be the policy of the City of Saint John to undertake all reasonable efforts to provide equal access opportunities to ice time for applicant groups representing both genders. ' Non-profit means an association, organization or group that provides services, programs, and opportunities which support the principle of community building and enrichment. Volunteer trustees or a board of directors governs the organization and there is no personal financial gain for members, trustees or directors. ' "Adult' means a person over the age of 20 years and includes sports or activities where the majority of participants are greater than 20 years of age. 6 Hell( City of Saint John Ice Allocation Policy The City of Saint John recognizes the tax -based contributions provided by its residents toward the development (capital) and operation of recreational facilities. The City of Saint John also recognizes that residents will always receive priority over non-residents. Therefore, it shall be the policy of the City of Saint John to require applicant groups to demonstrate a minimum 75% of their total membership as residents of Saint John. Notwithstanding the residency requirement, it shall be the policy of the City of Saint John that any applicant group whose membership falls below the mandatory 75% residency requirement shall receive a lower priority and may receive ice time once resident demand is satisfied. The City of Saint John reserves the right to charge additional user or rental fees to applicants that cannot meet the mandatory resident requirement but intends not implement this right as efforts to partner in a Regional Ice Strategy continues. It shall be the policy of the City of Saint John that all applicant groups will submit to Parks & Recreation P. 4s .e, P„ lie Sp ees membership lists, current year or previous, including participants telephone numbers and addresses for review. Failure to submit membership information by November 30th will result in a noncompliance fee. If residency information is never submitted, in addition to not being eligible for priority bookings the following year, it will be assumed that 100% of the applicant group is non resident. All information received will solely be used for the purposes of address verification and will not be sold or shared with any third parties. Once residency is confirmed all documents will be shredded. It is illegal for any person to falsely represent themselves. Any documents submitted under false pretenses, forged or misrepresented (in whole or part) will be considered void. If registrations are not provided within the specified time frame, it will be assumed that 100% of the applicant groups are non-resident. It shall be the policy of the City of Saint John to reserve the right to waive the residency requirement for a period not exceeding 2 years to accommodate new and emerging sports as determined by the Deputy Commissioner of D.fks .e, D„i 4c Spaces Parks and Recreation. The City will accommodate the regular use of ice by non-residents after resident demand is satisfied and under special circumstances such as reciprocal agreements. Participants of or legal guardians of participants belonging to applicant groups applying for ice time shall supply upon request . A valid New Brunswick Driver's License Ch's City of Saint John Ice Allocation Policy • An executed lease bearing the applicant's name and address • A current utility bill (electricity, water and sewerage, gas or telephone) bearing the name and address of the applicant) • A statement from a utility declaring that the applicant will begin receiving service. The statement must bear the applicant's name and address. • A current credit card billing bearing the applicant's name and address • A current chequing account or savings account statement bearing the applicant's name and address Note: All documents submitted as proof of residency must bear the name and address shown on the vehicle registration. The City of Saint John maintains the right to require additional proof of residency as may be required. �- O ` TA It shall be the policy of the City of Saint John to maintain a standard of play time for various sports in determination of minimum benchmarks for allocation requirements. The number of weekly hours allocated to any user group will be based on justified need with youth instructional youth programs receiving the largest block of ice time but not exceeding a start time of 9pm at all four city arenas on a daily basis to allow adult user groups reasonable ice time hours weekly. The standard of play is as follows: Youth Teain ke Sport5 (Hock i' fin t l cjge, etc.) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Age Group Non....Competitive Competitive 1Te ern ::::15 players::::::: l Brrs/Week 1 ll e stn ::::17 players::::::: 1 Brrs/Week Under 6 years I Team = I ][dour I Team = 2 fours years & under I Teatn V flour 1 Teatn 2 hours 10 years & under I Team =1 Hour I Team = 2 hours 12 years & unclear I Teatn V flour 1_ Teatn 3 hours 14 years & under I Team = I ][dour I Team =3 hours 17 years & under I Team 1.5 flours 1 Teatn atn 3.5 hours 20 years & under I Team = 1.5 Hours I Team = 3.5 hours Sicating Prograinul ................................................................................................................................................................................................................................................................................................................ Level Minimum Participants:::::::: :::::::: I lours/Week 0 I'M City of Saint John Instructional Learn to Skate Instructional Figure Skating Participants/55 = I hour Participants/24 :::::::3 hour Competitive Figure Skating Participants/15 = 2.5 hour Competitive Synchronized Skating Participants/24 1.5 hour Instructional Power Skating Competitive Speed Skating Adult Ice Spurts Prograins Level Adult Ice Sports (Various Sports) Participants/40 x I hour Participants/15 x I hour I 'I I eani.:::::::: 12 players or 12 Participants 1111ours/Week I Team = 30 minutes Ice Allocation Policy It shall be the policy of the City of Saint John to make reasonable efforts to meet the minimum number of hours; however the City assumes no obligation to meet the standards. Where possible additional needs from applicant groups will be satisfied pending ice availability and overall demand. Wam . ... . ...... . ...... . ...... . .. its 11 1 . ... . ....... 4 Recommended practice that allows some discretion or leeway in its interpretation, implementation, or use. Z SM ONE M 1110 rspw 4 Recommended practice that allows some discretion or leeway in its interpretation, implementation, or use. Z SM City of Saint John Ice Allocation Policy City of Saint John Prime and Non -Prime Ice Hours 0 0 0 weekday iee to 0 week City of Saint John Prime and Non -Prime Ice Hours 13. Toumaments and Special Events It shall be the policy of the City of Saint John to achieve a balance between recreational and special events use during the regular ice season therefore a maximum of 2 weekend tournaments or special events per month will be scheduled between October Septand March inclusive. Tournaments shall not be placed on back to back weekends and best efforts will be made not to monopolize all arenas during the tournaments. Tournaments are not permitted to start any earlier then 7:30am to allow staffs time to prepare the arena. s Ice time fee structure may involve additional division or hierarchy of times as determined by the Commissioner of Leisure Services. 6 Weekday tournaments are not subject to this restriction. 10 Cl'i! Prime Time Pre Prime Non -Prime Time Weekday 4 pm to 10 pm 7am-8am Sam to 4 pm I Opm-12midnight Weekend and Holidays 7 am to 10 pm n/a I I pm- 12midnight 13. Toumaments and Special Events It shall be the policy of the City of Saint John to achieve a balance between recreational and special events use during the regular ice season therefore a maximum of 2 weekend tournaments or special events per month will be scheduled between October Septand March inclusive. Tournaments shall not be placed on back to back weekends and best efforts will be made not to monopolize all arenas during the tournaments. Tournaments are not permitted to start any earlier then 7:30am to allow staffs time to prepare the arena. s Ice time fee structure may involve additional division or hierarchy of times as determined by the Commissioner of Leisure Services. 6 Weekday tournaments are not subject to this restriction. 10 Cl'i! City of Saint John Ice Allocation Policy Notwithstanding, additional weekend events may be considered if an applicant group can demonstrate to the satisfaction of the Deputy Commissioner of Parks & Public Spaces the written agreement of user groups affected by a proposed event. 14. User Cancellations It shall be the policy of the City of Saint John to effectively manage requests for cancellations with the objective of minimizing administrative, revenue and operational impacts. Therefore, cancellations will be permitted subject to the following fee conditions: • Notifications of five 4wee business days are required to cancel ice. . If notice is not given the user will pay 100% of the allocated ice time fee if the ice cannot be resold. • If groups cancel due to weather concerns but the arena is deemed open for operation, ice fees will apply. • Exceptions included elimination series where teams may not play a schedule. It shall be the policy of the City of Saint John to require 60 days written notice in order to receive a full refund for cancellation of tournaments or special events. The City of Saint John shall provide a 50% refund upon 30 days written notice of cancellation and provide no refund for cancellations made less than 30 days prior to the event unless ice is resold. • To effectively manage on ice bookings and discourage blanket ice requests when a group cancels their contract, mass cancelation fees may will apply. Cancelations due to elimination series will not apply. • Teams= 10 hours- fee $500 • Leagues = 20 hours —fee $1000 • Tournaments = 20 hours- fee $1000 15. City Cancellations It shall be the policy of the City of Saint John to reserve the right to postpone or reschedule any permitted ice time booking due to unscheduled circumstances such as an emergency shutdown or facility maintenance or repair. The City shall make all reasonable efforts to provide affected groups with alternative ice times if bookings cannot be coordinated, the affected user shall receive a full refund. The City of Saint John reserves the right to cancel the offering of Summer Ice if sufficient interest is not show to justify operational costs, by the application deadline. It shall be the policy of the City of Saint John to not cancel or postpone commercially advertised instructional programs and leisure skate times, with the exception of the following: • Significant and high profile special events as determined by Common Council 11 I'MR1 City of Saint John Ice Allocation Policy • Low Registration in instructional programs • Unscheduled emergency shut down situations It shall be the policy of the City of Saint John to reserve the right to cancel a contract or portion of a contract without notice where in the opinion of the Deputy Commissioner of Parks and Recreation Department Paf4s &Pie Spaees the facilities are not being used for the contracted purpose or the user is violating the code of conduct. The contract holder affected will receive a full refund/credit for unused bookings. 17. Exclusivity It shall be the policy of the City of Saint John to retain the right to exclusively offer instructional programs and leisure skate services at its arenas. Instructional programs and ice services proposed by any applicant are subject to review and approval by Parks & Recreation Department Paf4s .e, n41ie Spaees. Duplication of programs and services may be restricted. 18. New Users or Progran-M It shall be the policy of the City of Saint John to reasonably accommodate new users or programs to provide for unmet or emerging community needs while also meeting other criteria outlined in this policy. It shall be the policy of the City of Saint John to recognize new organizations or emerging sports and allocate ice time to enable it to establish its programs and services. The City will use unallocated ice first to meet the needs of a new applicant but reserves the right to reasonably reallocate hours from existing users, if warranted for a period not exceeding one year. It shall be the policy of the City of Saint John to consider opening arenas outside of standard hours of operation and charge fees that cover all hourly rates as well as full operational costs, pending the availability of staff. }a ,Yf1: +I+fw'+1'..r'4+�OiAli n4}+Af`eY#�.'1!} It shall be the policy of the City of Saint John to require all applicant groups to agree to abide by the Code of Conduct as well as all additional rules and regulations that may be attached to a rental agreement or posted within the arena being rented. In the case of a conflict between rules or regulations the more stringent rules shall apply. It shall be the policy of the City of Saint John to require that all users vacate the dressing rooms within 30 minutes of the conclusion of their rental period. 12 1117-1 City of Saint John Ice Allocation Policy It shall be the policy of the City of Saint John to authorize the Arena Manager or designate supervisor as the responsible party for the assignment of dressing rooms. Dressing Room keys will only be issued to managers or coaches. It shall be the policy of the City of Saint John to not accept responsibility for any lost, stolen, or misplaced personal items or equipment of users or applicant groups including but not limited to, items left unattended in the locker rooms or main arena. It shall be the policy of the City of Saint John that all applicant groups and users assume full and exclusive responsibility for all damages or losses to property, fixtures, and equipment belonging to the City if caused by the applicant group or its respective members, staff, agents, or guests participating in or observing events during the term covered by the rental agreement. The applicant group will notify the Arena Manager or designate immediately of any vandalism, damages or losses to city property, fixtures and equipment. It shall be the policy of the City of Saint John that all applicant groups and users are prohibited from bringing alcoholic beverages into City arenas. It shall be the policy of the City of Saint John that all application groups and users uphold the provincial legislation regarding the Smoke Free Places Act which prohibits smoking/vaping in all enclosed public places. It shall be the policy of the City of Saint John to reserve the right to eject any person and/or the organization from the facility for noncompliance at the sole and absolute discretion of the City's Arena Manager or designate supervisor in charge. I It shall be the policy of the City of Saint John to require all applicants groups and users to submit requests for booking and cancellations on City -approved application forms. The City of Saint John reserves the right to reject applications and requests from clients who submit forms which are incomplete, contain falsified information, or are submitted after published deadlines. It shall be the policy of the City of Saint John assign upon the Deputy Commissioner of Parks & Recreation Department Paf4s & P41ie SpEtees the authority and responsibility for: a) Establishing procedures and guidelines for managing rental agreements and fees within the framework of this policy. b) Maintaining liaison with other Government agencies, including the Greater Saint John Regional Facilities Commission, the Lord Beaverbrook Rink, and other user groups and organizations concerned with rental agreements and fees for arenas within Greater Saint John. c) Implementing a fee policy that is consistent with the market value and pursuing cost recovery of the arena rental service being offered within Greater Saint John. 13 City of Saint John Ice Allocation Policy d) Implementing the rental agreement and fee policy and procedures, including properly collecting fees. 23. Deadlines for Ice Time Requests4i 4 When requesting and allocation ice time requests the following time frames are mandatory Season Dates Application Due Date Contract Emailed Signed Contract At Time of First Rental Last day in April Not accepted Summer Returned Spring Apr 1 to Apr 30 1st Friday in February 3r Friday in February 1st Friday in March Summer Mid Aug to Last Friday in May 2" Friday in May Last Friday in May Early Oct -Hly to cop* � Last Ffida-y 41 Apfil Fall/Winter 2nd Friday in Oct 1st Friday in August 3rd Friday in August 2nd Friday in to March 31 September Contracts that are not signed and returned by the specified date will be considered null and void and the associated ice time will go back for sale. Contract cancellations will be subject to cancellation administration charges (see section 14) after signing date. Arena bookings for each season will not be issued until all accounts are paid in full from the previous year. See below chart for seasonal payment terms. Delinquent accounts will be subject to stricter payment guidelines. Late payments will be subject to additional charges (see attached fees). Season 50% Payment Full Payment Post Dated Cheques Spring At Time of First Rental Last day in April Not accepted Summer Last day in August First Friday in October Aug 30'h, Sept 30 Fall/Summer Last day in November Last Day in March Nov I, Dec 1, Jan 1, Feb 1, Mar 1, 14 City of Saint John 4 - 4 Ice Allocation Policy In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between Parks and Recreation Department Pft�i-Rd P41ie Spa and their group. All communications between the group and Parks and Public Spaces should, at all times, be channelled through each group's representatives. The user must, at all times during which it is allocated ice time in City of Saint John Arenas, keep in force and in effect a Comprehensive General Liability insurance policy. A copy of the insurance certificate must be presented to the City of Saint John before time of first booking with the following requirements being met: a) Minimum limits of two million ($2,000,000) b) The City of Saint John added as "Additional Insured" c) A cross liability clause d) The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John. If any group does not have the required insurance coverage, it can be purchased through the City of Saint John's insurance carrier for a nominal rate. For example a hockey team can purchase the appropriate coverage for $150.00 per season. 15 City of Saint John Ice Allocation Policy 27. Arena Code of Conduct P-1401-1 SAINT JOHN ARENA CODE OF CONDUCT In an effort to ensure all activities in City of Saint John arenas are desirable and fulfilling experiences for all involved, the City of Saint John has an `Arena Code of Conduct' policy. The City of Saint John also supports the individual `Code of Conduct' policies of organizations and associations who use City of Saint John facilities. The City of Saint John is committed to providing an environment in which all individuals are treated with courtesy and respect. As such, all arena users shall conduct themselves in a manner consistent with good sportsmanship and behaviour that is appropriate, fair, and mutually respectful. Harassment and discrimination are never acceptable and will not be tolerated. If at any time an arena user feels harassed, they should report this concern to a game official, city staff, league official, or school official. Please note the following: 1. Any person whose conduct is not conducive to maintaining a positive environment during the event will be given a verbal warning to improve their behaviour or may be asked to leave, dependent upon the severity of their behaviour. This action can be taken by a game official, city staff, league official, or school official. City Staff need to be informed whenever a verbal warning has been issued. Physical abuse violations will result in an immediate dismissal, with follow-up investigation. 2. If the person continues to be disruptive, it is at the discretion of the game official, city staff, league official, or school official to ask the individual to leave the building, or to directly contact the Saint John Police Force to escort the person from the facility (any citizen has the right to call Police if they feel threatened, at any time). * If multiple league/team participants are receiving warnings regarding their behaviour, they will be treated as one and the league/team designate will be contacted. If the behaviours do not improve, ice time may be reduced/taken away. This will be at the discretion of Parks and Recreation staff, upon investigation. Examples of unacceptable behaviour include the consumption of alcohol/drugs , smoking/vaping and verbal/physical abuse. 16 COUNCIL REPORT M&C No. 2018-192 Report Date June 29, 2018 Meeting Date July 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: "Project Performance Update — Safe, Clean Drinking Water Project" OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadLI City Manager Dean Price Brent McGovern I Jeff Trail RECOMMENDATION It is recommended that this report be received for information and filed. EXECUTIVE SUMMARY The project team requests 20 minutes to present the attached presentation in open session of Common Council. The purpose of this presentation is to provide Council with a current project performance update on the Safe, Clean Drinking Water Project and to provide information as it relates to commissioning of the Loch Lomond Drinking Water Treatment Facility. PREVIOUS RESOLUTION At its meeting of March 26th, 2018 M&C Report No. 2018-77 titled "Project Performance Update — Safe, Clean Drinking Water Project" recommended and Council RESOLVED that: The report be received for information and filed. STRATEGIC ALIGNMENT The Safe Clean Drinking Water Project remains a high priority and focus as it will bring safe, clean drinking water to the citizens of Saint John and reduce the occurrence of boil water orders and service interruptions through the construction of sustainable infrastructure. 11N -2 - SERVICE AND FINANCIAL OUTCOMES Not applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by Port City Water Partners. ATTACHMENTS Power Point Presentation — "Project Performance Update — Safe, Clean Drinking Water Project"- Reporting Period — March - May 2018 PDF — "SCDWPStatistics" — Reporting Period — March - May 2018 HM U N ( +J N >d U N U - Q N CD o a u cu U N I M 1--i N M c� f� Ln co O M 0 O N M M Z ,INI�INIM aI N I m I o"i I N oIrCO4 N Q N E N 4 N a' a u cu U N I M 1--i N M f� V cc M Itt co 2 �ImlNl�l� �I-INI0IM Rp c -I N m Q N E N 4 N a' a u cu U N 4� O N �. 4- C n m 0 M 00 8T-ady CID L 8T-qaj O co 0) N C f6 cI cI Ln o C: 6i LT_8ny 3 00 � N LT -un f i O N M Ln Q Ln Ln Q o o 00 00 CID E 00 c O O 9T -DOG V o O u 9T -I00 c +� N U 0 M 00 8T-ady L 8T-qaj O co 0) N C f6 cI cI Ln Ln CID 6i LT_8ny 3 cI � N LT -un f i O N M Ln Q M LL- Q 16 y LT-gaj a CID E c O O 9T -DOG V ”' u 9T -I00 c +� N U r-1 O rn N N 9T-8ny 13.0 c m' 1 < 9T-unr � 9T-ady Q m � o z O r14popad o Rt Rt o O O 2upnp slipny iulo.L *=0 V 000 0 0 � a r' o rn 00 rn a� 00 0 0 Q C:00 0 M 00 8T-ady 8T-qaj N Ln f6 cI cI Ln Ln 6i LT_8ny 3 cI LT -un f i O N M Ln Q M M Q 16 y LT-gaj a m• � ,»,„„», ,». 8T-unr 8T-ady 8T-qaj LT-DaQ 6i LT_8ny 3 Q LT -un f � 'C � p LT-ady s� 4-+ (AQ 16 y LT-gaj a E 9T -DOG V ”' u 9T -I00 c +� V v E t 9T-8ny 13.0 c m' 1 < 9T-unr D 9T-ady 9T -pi O r14popad 00 00 � o O O 2upnp slipny iulo.L m• U -4 � 4= co +J N >CL U N LO O O O O O O O °1 O a; 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Ln N 14 0 0U') 0o o� O o 0 U u R*m m i n 1 n q, -aAf1 I I I n 1 n � � co 4-a Za Co , \CocrLu o 0- � � I (1) 4-a 0 _r_ CL 0 0 0 M mum E m 4-a a) LL C: a) 4-a 4- 0 E 0A C: 0 . .... 0 4-a 4-a (D E o co 0 E 0 cm 0 a) 0 w cO co Ir- CD CD N 4-a iMMM- 00 N E E (D > 0 I w U 0 0 oll 0 Af C 1� 0 c AM L"I I a 2 a MS 4w -V cn ul u .0 "AF MS cn .0 co" C=u C) —,tu (D cu E E cu a) ►Cl) R 0) 0 0 = 7� 0 a) Eg 0 cu 0 o—,*i P .2 cu a) cu E .0 ay)) 0 5 7a) — E 0 o — o 0 CL -0 0 0 cL E E w a- C) Q U) a - a) 0 a) > _0 U) CL 0 .6 mCU cn CU L- L.L Q- a) cn ® E a) m (Dmc: a) E cu a)_ -2 M — 0-0 — :3 0 o a) o cn a) o 06 o C3 C) 0 M ry 00 a - Q- �a = L-00 11 0 '41 11 a - Z 3: LLJ 0 c 0 a) cn a) E jj_ 0 M ry 00 a - Q- �a = L-00 E 0 w LL o 0 LL 11 � M I I I ME 2 \ «: m : : Nil COUNCIL REPORT M&C No. 2018-205 Report Date July 03, 2018July 03, 2018 Meeting Date July 09, 2018July 09, 2018 Service Area Growth and Community Development ServicesGrowth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Feedback Period Summary - Preliminary Draft of the Central Peninsula Neighbourhood Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jennifer Brown Jaqueline Hamilton/Phil Ouellette Jeff Trail RECOMMENDATION That Common Council, 1. Receive and file the attached report outlining the final phase of engagement for the Central Peninsula Neighbourhood Plan. EXECUTIVE SUMMARY The final engagement phase of the Central Peninsula Neighbourhood Plan was completed over the month of June. The final phase focused on ensuring public review and commentary on the draft neighborhood plan documents. The draft documents have been presented to the core project team and key partners including Council, the Heritage Development Board, City Staff, the Neighbourhood Action Team, and the Planning Advisory Committee, as well as community and stakeholder groups including social sector groups, economic agencies, and the development community. A social media campaign partnered with the Taking Shape online platform and storefront in the City Market continued to build public familiarity with the Plan, generating productive conversation between residents and staff. Over the final phase of engagement, a total of 33 community and stakeholder groups have been engaged, 24 hours has been spent interacting one-on-one with the public at the City Market Taking 6158 -2 - Shape Storefront, 8 social media posts were shared via Facebook and Twitter, and 16 messages were received through email and the Taking Shape SJ website. This final phase of engagement has allowed staff to reconnect with the community resulting in a stronger implementation strategy through the identification of leads and partners in the majority of the actions introduced in the Neighbourhood Plan's Action Strategy. This exercise confirmed the immediate execution of the Plan as well as ensuring its longevity throughout its 30 -year lifespan. Over the coming months, Staff will work to incorporate changes to the documents resulting from the public review and comment period. The resulting documents will be subjected to a thorough review by legal staff previous to initiating the adoption process. This report outlines the upcoming steps required of Council to bring the Central Peninsula Neighbourhood Plan through the formal adoption process. PREVIOUS RESOLUTION On May 22, 2018, Common Council resolved to: Initiate a public review and feedback period for the Preliminary Draft of the Neighbourhood Plan from May 24 to June 29. STRATEGIC ALIGNMENT As a priority related to a Vibrant, Safe City and Growth and Prosperity, focusing strategic investment in the City's core will accelerate urban growth, reduced urban sprawl, and encourage a more compact, livable, and fiscally sustainable community. REPORT The preliminary draft of the Central Peninsula Neighbourhood Plan was released for public review and feedback between May 24 and June 29, 2018. During that time, staff facilitated a robust phase of engagement aimed at building awareness and familiarity with the draft documents and finalizing the public engagement component of the plan process. The Central Peninsula Neighbourhood Plan is the product of extensive community engagement first starting in May of 2017, including over 2,000 comments from residents and over 1,000 residents directly engaged through a variety of formats including the Taking Shape online platform, public workshops, open houses, and the three day Central Peninsula Summit. This final phase of engagement included workshops with Council, City Staff, the Heritage Development Board, the Neighbourhood Action Team, and the Planning Advisory 6151.1 -3 - Committee, presentations to social and economic groups, a social media campaign, a public -facing storefront in the City Market, and a stakeholder summit. Overall, 33 stakeholder and community groups were engaged, weekly social media posts pointing visitors to the Taking Shape SJ website were facilitated by Communications Staff, and 24 hours of staff time was spent at the City Market storefront. A table summarizing who was engaged and how is attached to this report. The engagement strategy included four primary components: 1) online presence to continue to build awareness and solicit feedback from the public; 2) specific meetings to build awareness and collect feedback from previously engagement stakeholders and partners; 3) a storefront in the City Market to build awareness and solicit feedback on the plan from the general public; and 4) a stakeholder summit designed to build a more robust and diverse action strategy to support the plan's ongoing implementation. Online Presence - Weekly social media posts on Facebook and Twitter directed the general public to the takingshapesj.ca website. Used as an information hub and feedback collection space, the site generated approximately 16 direct messages and emails as well as ongoing conversations amongst residents on the comment section of the website. 2. Focus Sessions - Sessions with stakeholders and partners were formatted similarly; staff presented an overview of the plan to build awareness with each group receiving a customized presentation focused on areas most pertinent to the stakeholder or partner's mandate. Each session sought to gauge the level of comfort with the plan from those in attendance, but also solicit feedback on whether there were opportunities to strengthen the plan. City Market Storefront -Throughout the month of June, the City Market was host to a public awareness campaign depicting key facets of the neighbourhood plan. Dubbed the "Taking Shape Storefront", the booth was staffed during peak market hours; Thursdays and Fridays between 11am and 2pm. A combination of planning staff and Neighbourhood Action Team members were present during these times to answer questions from the public and facilitate conversation about implementation. The storefront was well received and well attended during staffed hours, proving to be a valuable resource to reconnect with the community the Central Peninsula Neighbourhood Plan is intended to serve. 4. Stakeholder Summit -The Central Peninsula Neighbourhood Plan is an action focused, community driven plan. Although community groups were engaged throughout the process, the stakeholder summit provided an opportunity for those groups to come together to build partnerships N151FA -4 - around the actions laid out in the plan. The current draft neighborhood plan depicts the majority of actions being led by City Staff, and from feedback received from Common Council in late May 2018, the updated version of the plan's action strategy will ensure that there is a more representative and cross-section of projects identified. Attendees of the summit were asked to take ownership over those actions that aligned with their group's mandate and existing work, placing themselves in either lead or partner roles for each action within the Plan's 10 year action strategy. Attendees were also asked to provide descriptions of their existing work which they felt fit into the Plan's action strategy and overall intent of the Plan for the purpose of building synergies between the groups and their ongoing efforts in the Central Peninsula. Staff will confirm the leads and partners proposed for each of the actions over the coming months and provide the information in the adopted version of the plan. Integrating these groups into the implementation strategy will ensure the Plan is sustainable over the short and long term. What We Heard Staff presented the preliminary draft of the Neighborhood Plan to Common Council on May 22, 2018 and Council adopted a resolution to proceed with a public engagement process to review and collected feedback on the suite of neighborhood plan documents. During this meeting, Council also provided feedback on the draft plan, which helped in framing and substantiating the engagement period. Council's feedback during the May 22nd meeting was generally positive and included a few important themes, including: • The importance of tangible demonstration projections to occur in the near future in order to build continuous momentum for the plan. • The need for a robust action plan and capital investment strategy to accompany the neighborhood plan to ensure the plan is able to achieve its longer-term objectives. • The plan's success depends on support and ownership from a variety of stakeholders and the engagement period must accomplish this much needed connection before proceeding with the formal adoption process. Since this time, Staff have collected valuable feedback from various perspectives, and the feedback has been very positive. Stakeholders have consistently expressed excitement and appreciation of the work that is represented in the Plan. Some of the key themes from the various engagement sessions over the past month include: • There is consensus that this is an encouraging step forward and builds on the growing momentum in the City's core. 615 F-11 -5- • As the Plan is ambitious and focused on action, there was a consistent theme of concern around managing expectations around these actions and capital investment as it moves into implementation. • There were numerous questions and comments received through the Taking Shape online platform about integrating and increasing focus on bike lands and cycling strategy as well as active transportation connections to the west side of the City. • Several groups expressed interest in the plan's governance, particularly who will have ownership of the plan. As a result of engagement efforts and synergies between departments, Develop Saint John has been actively engaging the development community on the contents of the neighbourhood plan with the intention of working with the development community to bring implementation projects forward. This is a great example of partnerships propelling the plan forward and creating opportunities around positive momentum. What's Next In anticipation of the Council adoption process slated to be initiated in August, staff will finalize the plan documents and draft necessary amendments to the municipal plan, zoning by-law, and Heritage by-law. Going forward, Council has four remaining decision points in addition to a decision point with the Planning Advisory Committee. These milestones are summarized below. • Council Decision Point —Council Meeting, August 20, 2018 —Council will be asked to consider initiating the adoption process for the Neighbourhood Plan and associated Municipal Plan and Zoning By-law amendments. This will initiate a 30 day public comment period as required under the Community Planning Act. • Council Decision Point — Council Meeting, September 24, 2018 — Council will review the feedback received from the 30 day comment period. Should they choose to, Council will be given the opportunity to refer the Neighbourhood Plan and associated Municipal Plan and Zoning By-law amendments to the Planning Advisory Committee and schedule the Public Hearing. • Planning Advisory Committee Meeting — October 10, 2018 (tentative) — At a special meeting date set by Council, the Planning Advisory Committee will consider the Neighbourhood Plan and associated Municipal Plan and Zoning and Heritage By -Law amendments, and make a recommendation to Council. • Council Decision Point — Public Hearing, First and Second Reading, Date TBD — Council will hold the Hearing and, satisfied with the public feedback and process, will proceed with first and second reading. N15�1 -6- • Council Decision Point —Third Reading, Date TBD— Concluding the adoption process, Council will consider Third Reading of the Neighbourhood Plan. Once Third Reading is complete, the Neighbourhood Plan will be registered and become legally binding. A sincere thank you is due to the residents and stakeholders who have continually showed interest in the Central Peninsula Neighbourhood Plan. Their commitment to the neighbourhoods within the Central Peninsula has shaped the neighbourhood plan into a focused, action -oriented plan with realistic, community supported goals. As the plan moves through the adoption process and into implementation, the community's collective confidence in their neighbourhoods will propel the plan forward, setting the stage for positive sustainable growth in the City's centre. SERVICE AND FINANCIAL OUTCOMES Neighbourhood planning provides a framework for enhanced service, building community capacity and encouraging re -investment in targeted neighbourhoods. Capital funding has been allocated to the implementation of the Central Peninsula Neighbourhood Plan which will be used to leverage private investment in key areas as directed by the plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Preliminary Draft of the Central Peninsula Neighbourhood Plan is reflective of substantial input from the community and stakeholders. The Neighbourhood Action Team has been pivotal in the development and vetting of the attached documents. Their insight and connection to the community will inform the ongoing engagement and carry the suite of documents through to implementation. Members of the Neighborhood Action Team include: • Kay Gillis; • Anne McShane; • Ben Appleby; • Councilor Donna Reardon; • Councilor Gerry Lowe; • Jeff Roach; • Lauchlan Ough; • Melissa Wakefield; and, • Milad Pirayegar. The stakeholder summit included 27 stakeholder and community groups including: Living SJ, Coverdale Centre, PULSE, Horizon Health, Uptown Saint John, Develop Saint John, Saint John Theatre Company, Public Health, ACAP, Saint John Wel Cycling, Fundy Regional Solid Waste Commission, Velo NB, NB Governmental Cycling Safety Working Group, YMCA, Enterprise Saint John, United Way, Saint John Arts Board, Sustainable Saint John, Third Space, Human Development Council, Outflow, Housing Alternatives, Discover Saint John, Multicultural Centre, InterAction, Saint John Vineyard, and the Learning Exchange. ATTACHMENTS 1. Engagement Summary Table 521 Preliminary Draft: Central Peninsula Neighborhood Plan Public and Stakeholder Engagement May — June Stakeholder Summit (27 community and stakeholder Presentation and workshop focused on the Action Strategy. groups) Heritage Development Board ........................................................................................................................................................................................................................................................................................................................................... Presentation and two workshops. Neighbourhood Action Team Presentation, workshop, two regular meetings. Common Council ........................................................................................................................................................................................................................................................................................................................................... Presentation and workshop. Planning Advisory Committee Presentation and workshop. DevelopSJ Board Presentation ........................................................................................................................................................................................................................................................................................................................................... Port Saint John Presentation Uptown Saint John Presentation ........................................................................................................................................................................................................................................................................................................................................... Arts Board Presentation Heritage Saint John Presentation ........................................................................................................................................................................................................................................................................................................................................... Local Architects and Presentation and workshop focused on the Urban Design Designers Manual. City Market "Take Shape Posters were deployed during June at a market stall with 24 Storefront' — General Public staff hours over 8 sessions. ........................................................................................................................................................................................................................................................................................................................................... Community Council on presentation Homelessness Growth and Community Development Services Presentation Department ........................................................................................................................................................................................................................................................................................................................................... City of Saint John — All Video Departments ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Social Media Campaign 8 total "shareables" posted on Facebook and Twitter. 61% COUNCIL REPORT M&C No. 2018-188 Report Date July 05, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: LNG Revenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager David Merrithew Kevin Fudge m I Jeff Trail RECOMMENDATION It is recommended by the Finance Committee that Common Council allocate the additional revenue for the LNG facility ($1,157,174) to Pay As You Go (Capital from Operating) for the purpose of reducing future borrowing needs. This recommendation is supported by Council's Operating Budget Policy FAS -004. EXECUTIVE SUMMARY Finance Committee has been provided advice on the need to keep new capital borrowing to $12 million or lower in order to manage the City's debt. Recently the City received additional net revenue of approximately $1.2 for 2018 associated with the LNG property. This was unbudgeted revenue. This revenue is not guaranteed to be received in 2019 and should not be relied upon to fund general operations per the City's Operating Budget Policy. It is recommended that the LNG revenue be used to reduce the City's long term debt by increasing Pay As You Go funding (Capital from Operating) as provided for in Council's Operating Budget Policy FAS -004. PREVIOUS RESOLUTION N/A 1•,093 -2 - REPORT 2018 LNG REVENUE & YEAR END SURPLUS The Province of New Brunswick repealed the "Act to Comply with the Request of the City of Saint John on Taxation of the LNG Terminal" that capped the property assessment for the Terminal at $18 million and fixed the property tax revenue at $500,000 per year. As a condition for approval, the Province obliged the City to bear all financial risks associated with potential future appeals. The 2018 property assessment for the LNG Terminal is $98 million dollars. The Province notified the City in May that this assessment has not been appealed for the fiscal year 2018. The net incremental revenue for Saint John in 2018 has as a result increased by approximately $1.157 million dollars. For the year 2019, the LNG property assessment reverts back to the fixed property tax revenue at $500,000 until April 1St which is the 2019 deadline for appeal. If there is an appeal, the City will be left with $500,000 until the process comes to a conclusion. Given the financial risk of an appeal lies with the City, and given the uncertainty of the appeal process, the City cannot budget for the increase in revenue for the year 2018. Operating Budget Policy FAS -004 The City's recently approved Operating Budget Policy states that the budget will be produced with a long term focus of achieving a structurally balanced budget. A structurally balanced budget occurs when recurring revenues are sufficient to fund recurring expenses. A structurally imbalanced budget occurs when non- recurring or short term revenues are relied upon to fund recurring expenditures. Non recurring revenue is defined as revenues that the City cannot expect to receive on an ongoing basis. Subsection 5.1 of the Council approved policy states: "Non-recurring revenues shall be directed to onetime uses and away from funding ongoing services. Examples of acceptable uses would include funding Pay -As -You Go for capital expenditures that would otherwise be funded by debt, funding the infrastructure deficit, or to build up capital or operating reserves." Long Term Debt The City's Audited Consolidated Financial Statements presents long term debt as $241 million dollars. Saint John's net debt, which is the sum of the City's long term debt and other financial liabilities less the City's financial assets, is 26 times higher than the City of Fredericton and 3 times higher than the City of Moncton. RM111 -3 - Debt is a key indicator of the City's overall financial health. Although the net debt ratio has continued to improve since 2015, it is important to continue to manage debt prudently while at the same time making the right strategic investments. As part of the City's long term financial plan process the City will approve a long term Debt Management Plan supported by a Debt Management Policy. SERVICE AND FINANCIAL OUTCOMES This report and recommendation are in alignment with best practices and will support future strong fiscal management. ATTACHMENTS: FAS 004 Operating Budget Policy Statement OR OPERATING BUDGET CITY OF SAINT JOHN POLICY STATEMENT POLICY SECTION: FINANCE AND ADMINISTRATIVE SERVICES POLICY STATEMENT The purpose of this policy is to outline the financial principles governing the funding of the City operating budget. Operating budget planning shall comply with all relevant provisions of the Local Governance Act and all other applicable legislation. The City's objectives with respect to the Operating Budget Policy are as follows: 1. Strengthen Financial Sustainability by budgeting recurring expenditures with recurring revenues and allocating one time revenues to one time expenditures or reserves; 2. Reduce Financial Vulnerability by gradually decreasing reliance on sources of revenue outside its controls such as operating grants from other government sources. PRINCIPLES AND STRATEGIES • Aligns with Strategy: the City's budgeted operations shall be in line with agreed upon Council priorities and the Long Term Financial Plan; • Affordability: the City's budgeted operations shall be in line with agreed upon Council priorities and the Long Term Financial Plan; • Innovation: implementation of operational efficiencies, continuous improvement initiatives, and new revenue generation strategies will be considered when planning the operating budget; • Sustainability — the operating budget will be produced with a long-term focus of achieving a structurally balanced budget; giving taxpayers a better representation of the link between financial resources and services that can be delivered over the long term; • Diversification — the City will seek to improve its mix of operating budget revenues to the extent feasible within the confines of the Local Governance Act, and other applicable legislation. USE OF NON-RECURRING REVENUES 1. Non-recurring revenues shall be directed to onetime uses and away from funding ongoing services. Examples of non-recurring revenues would include one-time sale of assets. Examples of acceptable uses would include funding Pay -As -You -Go for capital expenditures that would otherwise be funded by debt, funding the infrastructure deficit, or to build up capital or operating reserves; 2. Short term revenue spikes should be treated in a similar way to non-recurring revenue. USER CHARGES AND FEES 1. The City will seek to balance the need for services and the ability to raise fees, charges, and taxes to support those services. User fees will be assessed relative to the cost of providing the services; 2. Service areas should assess the cost of activities supported by user fees on an annual basis to identify the impact of inflation and other cost increases; 3. Council may decide against full cost recovery in cases where greater public benefit is demonstrated; 4. Service areas should develop cost recovery policies that will be used as a basis for setting the charges or fees, as well as the service cost recovery goals based on quantitative targets (percentage recovery targets) and how the charges and fees will be levied and collected; GRANTS 1. Inter -Governmental funding opportunities will be pursued for initiatives that are in line with Council priorities, the approved budget, and the Long Term Financial Plan; 2. Any opportunities falling outside this criteria will require Council approved adjustment to the budget and the Long Term Financial Plan and be supported by a business case. ON COUNCIL REPORT M&C No. 2018-189 Report Date July 05, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Capital Budget Policy FAS -005 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager David Merrithew Kevin Fudge m I Jeff Trail RECOMMENDATION Be it resolved that: Finance Committee recommends that Common Council approve the attached City of Saint John Capital Budget Policy Statement FAS -005; EXECUTIVE SUMMARY It is recommended that Common Council approve the Capital Budget Policy for the City of Saint John. The Policy applies to both General and Water & Sewerage Utility Capital Budgets. The Capital Budget Policy is considered a best practice financial policy for municipalities which promotes fiscal responsibility and is a key instrument in the development of a robust Long Term Financial Plan. PREVIOUS RESOLUTION N/A REPORT Critical to the development of a long term financial plan, the Finance Committee continues to develop and recommend best practice financial policies to advance the City's strategic priority to be fiscally responsible. Common Council has previously approved four other Financial Policies being an Asset Management Policy, an Investment Policy, a Reserve Policy, and an Operating Budget Policy. W-13 -2 - The Capital Budget is one of the most significant public documents a municipality produces as it sets forth the City's infrastructure investment plan which includes both the renewal of existing infrastructure as well as new investments that contribute to the growth and prosperity of Saint John's economy and quality of life. The proposed Capital Budget Policy supports Council's strategic priority to be fiscally responsible by requiring the implementation of a 10 year Capital Investment Plan. Planning over the long term stimulates longer term and big picture thinking and will enable the City to look at investments more holistically to align with long term strategic goals. The Capital Budget Policy promotes financial discipline and reinforces the need to invest in Council priorities. CAPITAL BUDGET POLICY HIGHLIGHTS Financial policies provide the "rules" that shape financial decisions. When policies are effective they can enhance the financial health of governments. By contrast, weak policies can create fiscal instability. The Capital Budget policy includes the following main elements: 1. Each council shall adopt a Capital Budget for each calendar year; 2. The Capital budget shall align with the Council approved Long Term Financial Plan which includes a 10 Year Capital Investment Plan and a 10 Year Debt Plan; 3. Finance Committee will review the 10 year Capital Investment Plan annually and recommend any major amendments to Council for approval; 4. Investment decisions shall be evidence based and conform with the Asset Management Policy; 5. The policy includes a Capital Prioritization structure that provides transparency in prioritizing capital investments with a stronger corporate governance structure; 6. The Capital Budget shall only fund expenditures that meet the definition of a Capital Asset per Generally Accepted Accounting Principles; 7. Only City owed Capital shall be funded through debt — grants to outside organizations for infrastructure projects not owned by the City must be funded through the Operating Budget grants; [•19%7 -3- 8. Inter -Governmental grants shall only be pursued for Capital projects that are in line with Council priorities, the approved Capital Budget, and the approved 10 Year Capital Investment Plan; 9. The Policy sets forth Capital Reporting requirements; 10. The Capital Budget Policy supports a transition to Multi -Year Capital Budgeting. The Capital Budget Policy also sets out procedures with respect to Capital Budget Surpluses and shortfalls, as well as rules respecting the carryover of previously approved Capital Budget projects. The 10 Year Capital Investment Plan will facilitate more strategic use of Council's time by allowing Council to focus on strategic priorities through a streamlined annual Capital Budget process. In addition, the policy ensures City investments are affordable, prescribing that the Capital Investment Plan must align with Council service priorities and taxation objectives. CAPITAL PRIORITIZATION The Capital Budget Policy establishes a prioritization framework for Capital Budget requests based on the following criteria: 1. Mandatory — must be completed due to legal or regulatory requirements; 2. Risk — required to mitigate liability associated with health and safety, mitigate liability, or to mitigate sudden asset failure; 3. Priority of Council — As stipulated in the 10 Year Capital Investment Plan (Long Term Financial Plan) and supported by evidence based asset management recommendations and are part of the City's strategic plans; 4. Positive Financial Impact — The Capital request is not included in the 10 year Capital Investment Plan but can be supported by a business case that demonstrates a positive financial impact for taxpayers - would require a Council approved adjustment to the Capital Investment Plan and Capital Budget; 5. Discretionary — New assets which aim to increase or enhance service levels to the residents and taxpayers. Requires amendment to the Long Term Financial Plan, the City strategic plans, and supported by a business case; N7cii7 -4 - INFRASTRUCTURE DEFICT The estimated replacement value of the City's infrastructure is approximately $2.2 Billion dollars, while the infrastructure deficit (infrastructure at or beyond its theoretical service life) is estimated at approximately $434 million. In addition to the infrastructure deficit, it is estimated that another $217 million of replacement costs are expected in the coming decade. Combined, a total of approximately $651 million of assets are expected to need replacement in the next decade, consisting of $452 million in high risk assets and $199 million in low risk assets. The City is currently underfunding its infrastructure renewal requirements. According to RV Anderson's SOTI report, the sustainable funding requirement (funding needed to eliminate the current infrastructure deficit and replace with assets as they reach the end of their service life is approximately $69 million per year compared to the average historical funding of $32 million. This represents a funding ratio of 45% (only 45% of the funding requirement is being met). The infrastructure deficit cannot be affordably or sustainably funded through debt. The capital budget policy promotes increasing funding to Pay As You Go and Capital Reserves. A funding strategy will be developed through the creation of the 10 Year Capital Investment Plan (Long Term Financial Plan). Given the magnitude of the infrastructure deficit, in the short term, until such time the Capital Investment Plan and funding strategy is approved by Council, the policy prescribes that 90% of the Capital Budget shall be attributed to capital renewal projects and 10% for new infrastructure investment. SERVICE AND FINANCIAL OUTCOMES This report and recommendation are in alignment with best practices and will support future strong fiscal management. ATTACHMENTS: FAS 005 Capital Budget Policy Statement 531 CAPITAL BUDGET CITY OF SAINT JOHN POLICY STATEMENT POLICY SECTION: FINANCE AND ADMINISTRATIVE SERVICES POLICY STATEMENT 1. This Policy applies to budgeting by the Municipality for capital funds; 2. Each council shall adopt a Capital Budget for each calendar year; 3. Capital budget shall align with the Council approved Long Term Financial Plan which includes a 10 Year Capital Investment Plan and a 10 Year Debt Plan; 4. Finance Committee will review the 10 year Capital Investment Plan Annually and recommend any major amendment to the Plan to Council for approval; 5. The Capital Budget Policy supports the City to achieve its current and future goals in a fiscally responsible and sustainable manner; 6. Capital Budget Investment decisions shall be evidence based and conform with the Asset Management Policy; 7. The Capital Budget Policy shall comply with all relevant provisions of the Local Governance Act and all other applicable legislation. PRINCIPLES AND STRATEGIES 1. Affordability — Capital Budget shall reflect the level of infrastructure investment required to achieve agreed upon service and taxation objectives in the Council approved Long Term Financial Plan; 2. Ownership — Only City owned assets, which meet the definition of an asset pursuant to Generally Accepted Accounting Principles, shall be funded in the Capital Budget. Funding agreements prior to the approved Capital Budget Policy Council approval date are exempted from the policy; 3. Fiscal Responsibility — The City shall reduce its reliance on debt and address the infrastructure deficit by increasingly funding Reserves and Pay -As -You -Go to fund infrastructure renewal; 4. Asset Management — The Capital Budget shall consider the full life -cycle cost based on asset management best practices and adhere to the Asset Management Policy. 619% CAPITAL PRIORTIZATION 1. In the short term, to strategically manage the City's debt and infrastructure deficit, the capital budget shall comprise of 90% Capital Renewal and 10% for New Capital. This ratio shall be replaced the funding strategy in the City's Long Term Financial Plan; 2. Proposed Capital Budget Projects will be prioritized in the following order: a) Mandatory — Must be completed due to legal or regulatory requirements; b) Risk — Required to mitigate liability associated with health and safety, mitigate liability or to mitigate sudden asset failure; c) Priority of Council — As stipulated in the 10 Year Capital Investment Plan (Long Term Financial Plan) and supported by evidence based asset management recommendations and are part of the City's strategic plans; d) Positive Financial Impact — The Capital request is not included in the 10 year Capital Investment Plan but can be supported by a business case that demonstrates a positive financial impact for taxpayers - would require a Council approved adjustment to the Capital Investment Plan and Capital Budget; e) Discretionary — New assets which aim to increase or enhance service levels to the residents and taxpayers. Requires amendment to the Long Term Financial Plan, the City strategic plans, and supported by a business case. CARRY OVER OF PREVIOUS YEAR APPROVED CAPITAL BUDGET Approved capital budget projects must be started by the end of the second year after approval. INTER -GOVERNMENTAL CAPITAL GRANTS Inter -Governmental capital grants shall only be pursued for Capital projects in line with Council priorities, the approved Capital Budget, and the approved 10 Year Capital Investment Plan. CAPITAL BUDGET SHORTFALLS & SURPLUSES 1. Common Council must approve any adjustments to the Capital Budget for additional funding to cover Capital Budget shortfalls that exceed the City Managers authority level; 2. Capital Budget Surpluses, where budgeted Capital funds exceed actual capital expenditures shall be, with Council approval: a) Realized as savings resulting in reduced debt financing; b) Used to offset deficit in other approved Capital Budget shortfalls; c) Leveraged to address the infrastructure deficit investments identified in the Asset Management Plan and the 10 Year Capital Investment Plan. 619191 COUNCIL REPORT M&C No. 2018-191 Report Date June 14, 2018 Meeting Date July 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2017 Consolidated Financial Statements OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary AuthorCommissioner/Dept. Head City Manager Chair — Finance Committee Kevin Fudge Jeff Trail RECOMMENDATION It is recommended that Council approve the draft Consolidated Financial Statements and the Trust Fund Statements of the City of Saint John for the fiscal year ended December 31, 2017. EXECUTIVE SUMMARY The purpose of this report is to advise that your Finance Committee met on June 13, 2018 to review the draft Consolidated Financial Statements of the City of Saint John for the year ended December 31, 2017. Deloitte has completed an audit of the above mentioned statements and has expressed a clean audit opinion. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT The report provides an update on the Economic Health of the City of Saint John. REPORT 2017 CONSOLIDATED FINANCIAL STATEMENTS The Commissioner of Municipal Affairs prescribes, pursuant to Section 8 of the Control of Municipalities Act, Chapter C-20 of the R.S.N.B. 1973, a revised Municipal Financial Reporting Manual to be applicable to municipalities in the Province of New Brunswick, according to which Financial statements should be prepared in accordance with Canadian Generally Accepted Accounting Principles WE11 -2 - for local governments as outlined in the Public Sector Accounting (PSA) Handbook starting January 1, 2012. Deloitte has completed an audit of the Consolidated Financial Statements of the City of Saint John for the Year ending December 31, 2017 and has expressed a clean audit opinion that the Consolidated Financial Statements present fairly, in all material respects, the consolidated financial position and results of operations of the City of Saint John. Under PSA standards, municipal reporting requirements include: 1. Consolidated Statement of Financial Position 2. Consolidated Statement of Operations and Accumulated Surplus 3. Consolidated Statement of Changes in Net Debt 4. Consolidated Statement of Cash Flows 5. Notes to the Consolidated Financial Statements There are 16 entities under the control of the City of Saint John (see note 2 to the Consolidated Financial Statements). 1. Consolidated Statement of Financial Position: Financial Assets: Assets are economic resources controlled by the organization as a result of past transactions or events and from which future economic benefits are expected to be obtained. Economic resources can be financial in nature (for example, cash, accounts receivable, investment); or non-financial in nature (for example, inventory, prepaid items, tangible capital assets). The City ended the year with financial assets totaling $177.39 Mil. This represents an increase of 55% compared to prior year: • Cash and cash equivalents totaled $28.97 Mil, a decrease of 48.67% from 2016. This was mainly due to an investment of surplus cash in GIC in accordance with the investment policy of the City. • Accounts receivable totaled $16.75 Mil at the end of 2017 (2016: $11.75 Mil). Details of the accounts receivable can be found in Notes 5, 6 and 7 to the Consolidated Financial Statements. • Investment in Energy services represents the City's equity in Saint John Energy, which totaled $29.69 Mil at the end of 2017 (2016: $37.84 Mil); • Other investments consist mostly of the City's investment in GIC, Canada Games Foundation investments as well as other small investments (see Note 9 to the Consolidated Financial Statements). RIM -3 - Non -Financial Assets: Tangible capital assets represent the net book value of all assets owned by the City of Saint John and its controlled entities. Asset historical costs totaled $1.53 billion, of which $617.59 Mil was amortized resulting in the asset net book value of $915.73 Mil at the end of 2017 (2016: $903.62 Mil). Note 20 to the Consolidated Financial Statements disclosed total assets by asset classes. The City's major asset categories are water and wastewater networks and transportation, which includes roads, sidewalks, storm sewer networks, traffic signals, etc. The City and its controlled entities own a significant number of buildings, which include the Market Square, Harbor Station, Aquatic Centre, Police headquarters, Transit building, etc. Financial Liabilities: Financial liabilities are present obligations of the organization to others arising from past transactions or events, the settlement of which is expected to result in the future sacrifice of economic benefits. At the end of 2017, financial liabilities totaled $419.19 Mil. This represents an increase of 14.99% or $54.65 Mil compared to 2016: • Accounts payable and accrued liabilities totaled $30.13 Mil at the end of 2017 (2016: $24.22 Mil). Details of the accounts payable and accrued liabilities can be found in Note 10 to the Consolidated Financial Statements. • Post -employment benefits and compensated absences represent liabilities associated with the City's benefit programs including retirement allowances; sick leave; heart & lung pension; disability benefits; contractual top -up agreements; and the City of Saint John Shared Risk Plan ("CSJ SRP") based on actuarial valuations (see Note 13 to the Consolidated Financial Statements). • Long term debt includes debenture debt totaling $241.04 Mil at the end of 2017 (2016: $206.79 Mil) (see Note 12 to the Consolidated Financial Statements). 61ci.1 -4- 2. Consolidated Statement of Operations and Accumulated Surplus: This statement accounts for the operating revenues and expenditures of the City of Saint John and its controlled entities. The statement has been prepared in accordance with the Public Sector Accounting Standards; therefore it is different from the fund -based budget statement in that the expenditures include amortization of tangible capital assets rather than principal repayment. Revenues for the year ended December 31, 2017 totaled $231.71 Mil, which is 5.9% more than prior year (2016: $218.78 Mil). Expenses for the year totaled $211.13 Mil, which is 4.1% more than prior year (2016: $202.80 Mil). The overall result of operations was a surplus of $20.58 Mil (2016: $15.98 Mil). A detailed listing of revenues and expenses can be found in Note 26 to the Consolidated Financial Statements. 3. Consolidated Statement of Changes in Net Debt: Net financial assets (net debt) position is a key indicator of the City's overall financial health and is calculated by deducting the City's financial assets from its financial liabilities. If the financial assets are greater than the liabilities then it is called net financial assets. If the financial assets are less than the liabilities then it is called net debt. A net debt balance represents future revenue requirements to fund past obligations while a net financial assets balance means the City has resources available for future operations. Compared to 2016, net debt at December 31, 2017 has decreased from $250.16 Mil to $241.80 Mil, which is equivalent to 3.34% reduction. This represents an improvement in the net debt position of the City. 4. Consolidated Statement of Cash Flows: The Consolidated Statement of Cash Flow reports on the change in cash and cash equivalents during the year from operating, capital, financing and investing activities. The City generates cash to finance its operating activities, acquire tangible capital assets and meet its obligations by raising revenues, issuing debts or converting other financial assets into cash. The City's primary source of cash is from its operating activities. The Consolidated Statement of Cash Flow indicates that during the year, the City has generated sufficient cash to maintain its programs and services, finance its capital expenditures, meet its debt service requirements as well as make new investments. As at December 31, 2017, Cash and cash equivalents totaled $28.97 Mil (2016: $56.45 Mil). This represents a decrease of 48.67% or $27.47 Mil over 2016. The decrease was mainly due to the City's investment of surplus cash in GIC pursuant to the City's Investment Policy. 619YA -5- 2017 TRUST FUND STATEMENTS The City's Trust Fund Financial Statements consist of funds held in trust by the City that are restricted for a particular purpose. Deloitte has completed an audit of the 2017 Trust Fund Statements and has expressed a clean audit opinion. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from all Service Areas Respectfully submitted, Chair — Finance Committee ATTACHMENTS: 1. City of Saint John Consolidated Financial Statements, December 31st 2017 2. City of Saint John Trust Funds, December 31st, 2017 6191.11 The City of Saint John The City of Saint John Consolidated Financial Statements December 31, 2017 M"I The City of Saint John December 31, 2017 CONTENTS REIK Page Consolidated Financial Statements Independent Auditor's Report 3 - 4 Consolidated Statement of Financial Position 5 Consolidated Statement of Operations and Accumulated Surplus 6 Consolidated Statement of Changes in Net Debt 7 Consolidated Statement of Cash Flow 8 Notes to the Consolidated Financial Statements 9-40 REIK Independent Auditor's Report To His Worship the Mayor and Members of Common Council of The City of Saint John We have audited the accompanying financial statements of The City of Saint John ("City"), which comprise the consolidated statements of financial position as at December 31, 2017 and the consolidated statements of operations and accumulated surplus, change in net debt and cash flow for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the J, ncial Statements Vii„ Management is responsible for the preparation �,�d'�ir presentation of these consolidated financial statements in accordance with Canadian public sunting standards, and for such internal control as management determines is necessary tthe preparation of consolidated financial statements that are free from material misstatement,mhether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we 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 consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated 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 consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 3 541 Deloitte LLP eloitte.P Brunswick House P.O. Box 6549 44 Chipman Hill, 7th Floor Saint John NB E21- 4R9 Canada Tel: 506-632-1080 Fax: 506-632-1210 www.deloitte.ca Independent Auditor's Report To His Worship the Mayor and Members of Common Council of The City of Saint John We have audited the accompanying financial statements of The City of Saint John ("City"), which comprise the consolidated statements of financial position as at December 31, 2017 and the consolidated statements of operations and accumulated surplus, change in net debt and cash flow for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the J, ncial Statements Vii„ Management is responsible for the preparation �,�d'�ir presentation of these consolidated financial statements in accordance with Canadian public sunting standards, and for such internal control as management determines is necessary tthe preparation of consolidated financial statements that are free from material misstatement,mhether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we 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 consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated 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 consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 3 541 In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of The City of Saint John as at December 31, 2017 and the results of its operations, changes in its net debt, and its cash flows for the years then ended in accordance with Canadian public sector accounting standards. Chartered Professional Accountants DATE dA 4 542 The City of Saint John Consolidated Statement of Financial Position As at December 31, 2017 December 31, December 31, 2017 2016 Financial assets Cash and cash equivalents (Note 4) 28,972,730 56,446,462 Accounts receivable (Note 5), (Note 6) and (Note 7) 16,754,191 11,746,330 Investment in energy services (Note 8) 29,687,000 37,839,000 Other investments (Note 9) 101,975,857 8,347,991 Contingencies (Note 14) Commitments (Note 15) Approved by: Don Darling, Mayor David Merrithew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements. 5 RE1191 177,389,778 114,379,783 Financial liabilities Accounts payable and accrued liabilities (Note 10) 30,134,834 24,224,049 Deferred revenue 1,631,334 1,653,632 Deferred government transfers (Note 11) 31,534,608 13,736,023 Post employment benefits and compensated absences (Note 13) 114,846,827 118,083,268 Bank loan payable (Note 3) - 56,454 Long term debt (Note 12) 241,041,285 206,785,270 419,188,888 364,538,696 Net debt (241,799,110) (250,158,913) Non-financial assets Inventory 1,463,962 1,448,515 Prepaids 643,058 546,664 Tangible capital assets (Note 20) 915,734,659 903,622,865 917,841,679 905,618,044 Accumulated surplus 676,042,569 655,459,131 Contingencies (Note 14) Commitments (Note 15) Approved by: Don Darling, Mayor David Merrithew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements. 5 RE1191 The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31, 2017 2017 Budget (Unaudited) 2017 2016 (Note 2) Revenues 209,338,108 231,714,225 218,779,003 Property taxes 120,853,074 122,979,450 120,141,178 Unconditional grant 20,225,932 19,328,372 19,923,206 Other revenue from own sources (Note 26) 24,979,320 24,679,313 24,123,864 Water and sewer revenue (Note 16) 41,985,000 42,667,479 39,944,867 Miscellaneous revenue 705,600 865,927 1,298,956 Contributions from others (Note 26) 589,182 21,193,684 9,050,932 Income from energy services - - 4,296,000 210,966,179 211,130,787 202,802,050 Annual surplus (deficit) (1,628,071) 20,583,438 15,976,953 Accumulated surplus, beginning of year - 655,459,131 639,482,178 Accumulated surplus, end of year - 676,042,569 655,459,131 The accompanying notes are an integral part of these consolidated financial statements. 0 191ME1! 209,338,108 231,714,225 218,779,003 Expenses General government services (Note 26) 43,558,884 35,844,645 35,580,902 Protective services (Note 26) 51,464,243 52,470,573 50,718,715 Transportation services (Note 26) 37,667,466 46,488,052 46,435,416 Water and sewer services (Note 26) 45,250,000 35,819,969 34,986,997 Environmental health services (Note 26) 3,760,728 3,281,736 3,208,944 Environmental development services (Note 26) 19,051,802 18,184,695 21,479,934 Recreational and cultural services (Note 26) 10,213,056 10,889,117 10,391,142 Loss from enerav services - 8,152,000 - 210,966,179 211,130,787 202,802,050 Annual surplus (deficit) (1,628,071) 20,583,438 15,976,953 Accumulated surplus, beginning of year - 655,459,131 639,482,178 Accumulated surplus, end of year - 676,042,569 655,459,131 The accompanying notes are an integral part of these consolidated financial statements. 0 191ME1! The City of Saint John Consolidated Statement of Changes in Net Debt For the year ended December 31, 2017 Annual surplus Acquisition of tangible capital assets (Note 20) Loss on disposal of tangible capital assets (Note 20) Proceeds on sale of tangible capital assets Amortization of tangible capital assets (Note 20) (Increase) decrease in inventory (Increase) decrease in prepaids Tanaible capital assets adiustments (Note 20) 2017 2016 20,583,438 (49,799,937) 980,829 349,239 36,358,075 (15,447) (96,394) 15,976,953 (28,264,006) 2,314,456 749,717 36,097,310 21,317 551,628 13,751,750 (Decrease)/Increase in net assets (12,223,635) 25,222,172 Net debt, beginning of year (250,158,913) (291,358,038) Net debt, end of the year (241,799,110) (250,158,913) The accompanying notes are an integral part of these consolidated financial statements. 7 N�191 The City of Saint John Consolidated Statement of Cash Flow For the year ended December 31, 2017 2017 2016 Operating transactions Annual surplus 20,583,438 15,976,953 Items not involving cash (15,447) 21,317 Amortization of tangible capital assets (Note 20) 36,358,075 36,097,310 Loss on disposal of tangible capital assets 980,829 2,314,456 Adjustments related to Non Profit Housing - 1,125,094 Adjustments related to Parking Commission tangible capital assets - 239,846 Change in investment in Energy Services 8,152,000 (4,296,000) Change in non-cash assets and liabilities Accounts receivable (5,007,861) 4,187,854 Inventory (15,447) 21,317 Prepaids (96,394) 551,628 Accounts payable and accrued liabilities 5,910,785 (5,259,999) Deferred revenue (22,298) (147,946) Deferred government transfers 17,798,585 12,637,870 Other post employment liabilities (3,236,441) (5,607,541) 81,405,271 57,840,842 Capital transactions Acquisitions of tangible capital assets (Note 20) (49,799,937) (28,264,006) Proceeds on sale of tangible capital assets 349,239 749,717 (49,450,698) (27,514,289) Financing transactions Repayment of long-term debt (18,743,985) (17,772,356) Proceeds from long-term debt 53,000,000 15,500,000 Repayment of bank loan (56,454) (52,128) 34,199,561 (2,324,484) Investing transaction Investments (Note 9) (93,627,866) (434,944) Net (decrease) increase in cash and cash equivalents (27,473,732) 27,567,125 Cash and cash equivalents, beginning of year 56,446,462 28,879,337 Cash and cash equivalents, end of year 28,972,730 56,446,462 The accompanying notes are an integral part of these consolidated financial statements. 0 N'i[.1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 1. Purpose of the organization The City of Saint John (the "City") was incorporated by royal charter in 1785. As a municipality, the City is exempt from income taxes under Section 149(1)(c) of the Canadian Income Tax Act. The City has the following vision statement, "We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost effective way." 2. Summary of significant accounting policies The consolidated financial statements of the City are the representations of the City's management prepared in accordance with Canadian generally accepted accounting principles for local governments, as recommended by the Chartered Professional Accountants of Canada Public Sector Accounting Board ("PSAB"). Significant aspects of the accounting policies adopted by the City are as follows: Reporting entity The consolidated financial statements reflect the assets, liabilities, revenues, expenditures, and changes in net debt and cash flows of the reporting entity. The reporting entity is comprised of all organizations and enterprises accountable for the administration of their affairs and resources to the City and which are owned or controlled by the City. Interdepartmental and organizational transactions and balances are eliminated. The focus of PSAB financial statements is on the financial position of the City and the changes thereto. The Consolidated Statement of Financial Position includes all of the assets and liabilities of the City. The entities included in the consolidated financial statements, having the same year end as the City, are as follows: The City of Saint John General Operating Fund The City of Saint John Capital and Loan Fund The City of Saint John Water and Sewerage Utility Operating Fund 4. The City of Saint John Water and Sewerage Utility — Capital and Loan Fund 5. Saint John Parking Commission 6. Saint John Transit Commission 7. Saint John Development Corporation 8. Saint John Industrial Parks Inc. 9. Harbour Station Commission 10. Saint John Aquatic Centre Commission 11. Saint John Trade and Convention Centre 12. Saint John Energy 13. Lord Beaverbrook Rink 14. Saint John Police Commission 15. Saint John Free Public Library 16. Saint John Jeux Canada Games Foundation, Inc. 0 N'i�/ The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 2. Summary of significant accounting policies (Continued) Investment in Energy Services The City's investment in Saint John Energy is accounted for on a modified equity basis, consistent with generally accepted accounting principles as recommended by Public Sector Accounting Standards ("PSAS") for government business enterprises. Under the modified equity basis of accounting, the business enterprise's accounting principles are not adjusted to conform with those of the City and inter -organizational transactions and balances are not eliminated. The City recognizes its equity interest in the annual income or loss of Saint John Energy in its consolidated statement of operations with a corresponding increase or decrease in its investment asset account. Budget The budget figures contained in these financial statements were approved by Council on December 12, 2016 and the Minister of Local Government on January 30, 2017. The budget is unaudited and does not include elimination of inter - organizational revenues and expenses with controlled entities. Revenue recognition Unrestricted revenue and other sources of revenue are recorded on an accrual basis and is recognized when collection is reasonably assured. Restricted contributions are recognized as revenue in the year in which the related expenses are incurred. Other revenue is recorded when it is earned. Property taxes, which are authorized by Council, are recognized as revenues in the period for which the taxes are levied. Government transfers Government transfers are recognized in the consolidated financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, except to the extent that transfer stipulations give rise to an obligation that meets the definition of a liability and reasonable estimates of the amounts can be made. Transfers are recognized as deferred revenue when amounts have been received but not all eligibility criteria have been met. Expenses Expenses are recorded on an accrual basis. The cost of all goods consumed and services received during the year is expensed. Measurement uncertainty The preparation of the consolidated financial statements in accordance with Canadian PSAS requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenues and expenses during the year. Key components of the consolidated financial statements requiring management to make estimates include: the useful life of tangible capital assets, impairment of tangible capital assets, rates for amortization, allowance for doubtful accounts in respect of receivables and estimates for pension liabilities. 10 N'iE:3 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 2. Summary of significant accounting policies (Continued) Measurement uncertainty (Continued) Estimates are based on the best information available at the time of preparation of the financial statements and are reviewed annually to reflect new information as it becomes available. Measurement uncertainty exists in these financial statements. Actual results could materially differ from those estimates. Cash and cash equivalents Cash and cash equivalents include cash on hand, balances with banks and short term deposits with original maturities of three months or less. Tangible capital assets Tangible capital assets are non-financial assets having a physical substance that: - Are held for use by the City in the production or supply of goods and services, for rentals to others, for administrative purposes or for the development, construction, maintenance or repair of other tangible assets; - Have useful lives extending beyond one year and are intended to be used on a continual basis; - Have a minimum value of $5,000 for individual assets; or $25,000 for pooled assets; and - Are not intended for sale in the ordinary course of operations. 11 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 2. Summary of significant accounting policies (Continued) Tangible capital assets (Continued) Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. Assets that fall below the threshold amounts are expensed for accounting purposes. The cost of the tangible capital asset is amortized on a straight line over the estimated useful life as follows: Asset Type Equipment and light machinery Furniture and office equipment Information technology equipment and software Land Land improvements Leasehold improvements Municipal buildings Transportation Years 3-25 5-15 1-15 N/A 5-100 Term of Lease Motor vehicles and mobile equipment Water and wastewater networks In the year of acquisition and the year of disposal, one half of the annual amortization expense is recognized. Assets under construction are not amortized until the asset is available for productive use. 10-70 5-50 5-20 5-100 Tangible capital assets are written down when conditions indicate that there is impairment in the value of the assets and the reduction in the value can be objectively estimated and it is expected to be permanent. The net write-downs are accounted for as expenses in the statement of operations. Donated or contributed assets are recorded at fair market value at the date of construction or donation. In some circumstances, replacement cost may be used. Segmented information The City provides a wide range of services to its residents. For management reporting purposes, operations and activities are organized and reported by function. This presentation was created for the purpose of recording specific activities to attain certain objectives in accordance with special regulations, restrictions or limitations. Municipal services are provided by service areas as follows: General government services This segment is responsible for the overall governance and financial administration of the City. This includes Council functions, general and financial management, legal matters and compliance with legislation as well as civic relations. 12 611797 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 2. Summary of significant accounting policies (Continued) Segmented information (Continued) Protective services This segment is responsible for the provision of policing services, fire protection, emergency measures, animal control and other protective measures. Transportation services This segment is responsible for common services, roads and streets maintenance, street lighting, traffic services, parking and other transportation related functions. Water and sewer services This segment is responsible for the provision of water and sewer services including the maintenance and operation of the underground networks, treatment plants, reservoirs and lagoons. Environmental health services This segment is responsible for the provision of waste collection and disposal. Environmental development services This segment is responsible for planning and zoning, community development, tourism and other municipal development and promotion services. Recreation and cultural services This segment is responsible for the maintenance and operation of recreational and cultural facilities, including the swimming pool, arenas, parks and playgrounds and other recreational and cultural facilities. Energy services This segment comprises a non -generating distribution utility that supplies electricity to municipal, residential, general service and industrial customers through 12 interconnection supply points and substations located in the City of Saint John. It also provides street lighting, area lighting and water heater rental services. Inventory Inventory consists mainly of parts and materials and is valued at the lower of cost and net replacement cost with cost being determined on the first in, first out basis. 13 551 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 2. Summary of significant accounting policies (Continued) Post employment benefits The City recognizes its obligations under post -employment benefit plans and the related costs, as disclosed in Note 13. Where appropriate, the City has undertaken actuarial valuations. 3. Bank loan payable The City has credit facilities with the Bank of Nova Scotia. According to the terms and conditions of the commitment letter signed between the City and the Bank of Nova Scotia, the City can borrow up to $6 million to fund general operations and $25 million to assist in financing capital expenditures pending fall -in of long term financing. The interest rate for the credit facilities is the Bank's prime lending rate less 0.5% per annum with interest payable monthly. As at December 31, 2017, the balance of the bridge financing credit facility was zero (2016 - zero) and the balance of the operating line of credit was zero (2016 - zero). As prescribed in the Municipalities Act, borrowing to finance General Fund operations is limited to 4% of the City's operating budget. Borrowing to temporarily finance Utility Fund operations is limited to 50% of the operating budget for the year. In 2017, the City has complied with these limitations. 4. Cash and cash equivalents Cash and cash equivalents consists of the following: December 31, December 31, 2017 2016 Unrestricted cash 24,993,221 34,499,652 Restricted cash Contribution from Regional Development Corporation for the Safe Clean Drinking Water Project - 12,237,041 Reserve for capital purchase - 5,716,293 Airspace 2049 fund 16,733 17,833 Land sub -division fund 54,455 41,259 Saint John Non -Profit Housing future development fund 51,495 50,926 Deposits on contracts 1,116,478 384,476 Gas Tax 2,740,348 1,498,982 General Operating Reserve - 2,000,000 28,972,730 56,446,462 14 19M The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 5. Accounts receivable Accounts receivable consist of the following: December 31, December 31, 2017 2016 Water and sewer charges to ratepayers 7,460,420 6,851,225 Other 3,698,457 3,500,688 Due from the Province of New Brunswick (Note 7) 1,655,173 1,574,671 Due from the Federal Government and its agencies (Note 6) 5,441,570 1,474,546 Allowance for doubtful accounts (1,501,429) (1,654,800) 6. Due from the Federal Government and its agencies Amounts due from the Federal Government and its agencies consist of the following: 16,754,191 11,746,330 December 31, December 31, 2017 2016 Clean Waste Water Funding 2,067,081 - Atlantic Canada Opportunities Agency - 784,054 Canada Revenue Agency HST receivable 3,289,747 657,740 Other 84,742 32,752 5,441,570 1,474,546 7. Due from the Province of New Brunswick Amounts due from the Province of New Brunswick consists of the following: December 31, December 31, 2017 2016 Clean Waste Water Funding 1,029,341 - Other 625,832 825,266 Regional Development Corporation - Barge terminal - 513,840 Dept. of Public Safety - 235,565 1,655,173 1,574,671 15 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 8. Investment in energy services Change in equity in Saint John Energy: 2017 2016 Investment at the beginning of year 37,839,000 33,543,000 Net (loss) earnings (8,152,000) 4,296,000 Investment at end of year 29,687,000 37,839,000 9. Other investments Other investments consist of the following: December 31, December 31, 2017 2016 City of Saint John GIC 93,433,972 - Canada Games Foundation investments 7,369,602 7,312,494 Other investments 1,172,283 1,035,497 Total other investments 101,975,857 8,347,991 Investments of the City of Saint John are held with the Bank of Nova Scotia and consist of 2 year term redeemable GICs issued by the Bank of Scotia which fall within the scope of the City's Investment Policy. It is the policy of the City to invest funds to provide the optimal blend of investment returns and principal protection while meeting the City's daily cash flow and liquidity demands. The investments of the Canada Games Foundation (the "Foundation") are held in the custody of Scotiatrust and CIBC Melon. The Foundation's investment strategy is to hold high quality corporate or Government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices. 16 191**! The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 10. Accounts payable and accrued liabilities Accounts payable and accrued liabilities consist of the following: December 31, December 31, As per the Gas Tax Funding Agreement, funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. Contribution from Regional Development Corporation was related to the Safe Clean Drinking Water Project. The money will be used toward the substantial completion payments in the future. 17 2017 2016 Trade payables 20,084,554 15,133,300 Other 87,217 195,729 Payroll 6,680,326 6,352,448 Conferences and holdings 994,986 786,900 Deposits 1,297,889 782,385 Interest payable 714,280 703,306 Due to Pension Fund 222,865 197,889 Canada Revenue Agency 52,717 72,092 30,134,834 24,224,049 11. Deferred government transfers Deferred government transfers consist of the following: December 31, December 31, 2017 2016 Gas tax funding 2,740,348 1,498,982 Contribution from Regional Development Corporation 28,794,260 12,237,041 31,534,608 13,736,023 As per the Gas Tax Funding Agreement, funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. Contribution from Regional Development Corporation was related to the Safe Clean Drinking Water Project. The money will be used toward the substantial completion payments in the future. 17 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 12. Longterm debt Debentures consist of the following Year of Issue Interest Rate % Term (Years) 2017 Annual Payment $ 2017 $ 2016 $ New Brunswick Municipal Finance Corporation Debentures 2007 4.450 to 4.850 10 2,280,000 - 2,280,000 2007 4.450 to 4.850 10 3,850,000 3,850,000 2007 4.450 to 4.850 10 203,000 203,000 2008 3.300 to 4.850 10 567,000 3,397,000 3,964,000 2008 3.300 to 4.850 10 125,000 1,375,000 1,500,000 2008 2.100 to 5.550 15 367,000 2,197,000 2,564,000 2008 2.100 to 5.550 15 175,000 1,925,000 2,100,000 2008 2.100 to 5.550 15 100,000 600,000 700,000 2009 0.950 to 5.000 10 933,000 6,536,000 7,469,000 2009 1.000 to 4.500 10 75,000 900,000 975,000 2009 0.950 to 5.000 10 100,000 700,000 800,000 2009 1.000 to 4.500 10 567,000 3,964,000 4,531,000 2009 0.950 to 5.000 10 250,000 3,000,000 3,250,000 2009 1.000 to 4.500 10 333,000 2,336,000 2,669,000 2010 1.500 to 4.550 10 1,000,000 8,000,000 9,000,000 2010 1.500 to 4.550 10 250,000 3,250,000 3,500,000 2011 1.650 to 4.250 10 1,667,000 16,998,000 18,665,000 2011 1.650 to 4.250 10 700,000 9,800,000 10,500,000 2011 1.350 to 3.450 10 300,000 2,700,000 3,000,000 2011 1.350 to 3.450 10 350,000 4,900,000 5,250,000 2011 2.060 20 200,000 2,800,000 3,000,000 2012 1.350 to 3.550 15 767,000 7,665,000 8,432,000 2012 1.350 to 3.550 15 425,000 6,375,000 6,800,000 2012 1.350 to 3.550 15 300,000 3,000,000 3,300,000 2013 1.350 to 3.700 15 687,000 7,552,000 8,239,000 2013 1.350 to 4.000 20 550,000 8,800,000 9,350,000 2013 1.350 to 4.000 20 360,000 7,560,000 7,920,000 2014 2.000 20 500,000 8,500,000 9,000,000 2014 1.150 to 3.900 15 707,000 8,479,000 9,186,000 2014 1.200 to 3.700 15 1,055,000 4,775,000 5,830,000 2014 1.200 to 3.700 20 668,000 6,676,000 7,344,000 2014 1.150 to 3.900 15 27,000 319,000 346,000 2014 1.200 to 2.150 5 56,000 112,000 168,000 2015 0.950 to 3.250 15 500,000 6,500,000 7,000,000 2015 1.050 to 3.650 15 607,000 3,156,000 3,763,000 2015 0.950 to 3.500 20 175,000 3,150,000 3,325,000 2015 1.050 to 3.150 20 175,000 1,400,000 1,575,000 18 617.1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 12. Long term debt (Continued) Interest Rate Term Year of Issue % (Years) 2017 Annual Payment 2017 2016 2015 1.050 to 3.650 15 107,000 986,000 1,093,000 2016 1.200 to 3.550 15 1,034,000 7,136,000 8,170,000 2016 1.450 to 3.500 15 400,000 5,600,000 6,000,000 2016 1.450 to 3.750 20 200,000 3,800,000 4,000,000 2016 1.200 to 2.950 10 400,000 3,600,000 4,000,000 2016 1.200 to 3.550 15 127,000 1,173,000 1,300,000 2017 1.200 to 3.300 15 5,000,000 - 2017 1.650 to 3.200 15 3,900,000 2017 1.650 to 3.400 30 45,000,000 2017 1.650 to 2.900 10 3,500,000 2017 1.650 to 3.200 15 1,170,000 24,219,000 240,262,000 205,911,000 OTHER DEBENTURES Canada Mortgage and Housing Debentures 2009 3.97 15 94,984 779,285 874,270 Total debentures 24,313,984 241,041,285 206,785,270 The aggregate amount of principal repayments required in each of the next five years and thereafter to meet provisions of long term debt, assuming maturity debt is renewed at terms comparable to those currently in effect, is as follows: 19 N'1'tl 2018 24,856,755 2019 32,957,675 2020 24,495,752 2021 37,565,990 2022 11,429,396 Thereafter 109,735,717 Total 241,041,285 19 N'1'tl The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences City of Saint John Shared Risk Plan The City of Saint John Pension Plan (Former CSJ Plan) was converted to the City of Saint John Shared Risk Plan ("CSJ SRP") effective January 1, 2013 (the conversion date). The purpose of the CSJ SRP is to provide secure benefits to members of the plan without an absolute guarantee but with a risk focused management approach delivering a high degree of certainty that base benefits can be met in the vast majority of potential future economic scenarios. These objectives are achieved through the development of a risk management framework that adheres to the legislated criteria, results in a low probability that base benefits will be reduced, and sets out the specific steps to be taken should the Plan's funded ratio fall below, or exceed, specified thresholds. These steps, when the Plan is underfunded, include the cessation of indexation of benefits, increasing contribution rates (to a predetermined maximum), reducing certain ancillary benefits, and ultimately reducing base benefits. When the Plan has excess funding, previous benefit reductions can be reversed, indexing is fully implemented, and various other potential increases can be implemented, including a decrease in contribution rates (to a predetermined maximum). Shared risk plans are legislated under the provincial Pension Benefits Act (PBA) which contains a number of requirements that must be met in order to qualify for registration by the Office of the Superintendent of Pensions. The Plan is also subject to the Income Tax Act. The Plan is administered by a Board of Trustees which includes 4 individuals nominated by the City and 4 individuals nominated by each of the four unions. The assets of the Plan are held by RBC Investor and Treasury Services which acts as custodian of the Plan. The assets of the Plan are managed by various investment managers who have discretionary investment authority within the investment mandates given to them by the Plan's "Board of Trustees. The performance of the Plan relative to its benchmarks is measured on a regular basis. For service prior to the conversion date, the Plan provides for pensions at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary at the time of conversion. For service after the conversion date, the pension accrual for each year of service is 1.8% times the salary (excluding overtime pay) earned during the relevant year to a certain maximum salary that is indexed every year ($132,455 in 2017). Pension benefits accrued before the conversion date are payable without reduction when the member's age and service equal at least 85 (or at age 65, if earlier). Pension benefits accrued after the conversion date are payable without reduction at age 60 for employees in the International Association of Fire Fighters and Saint John Police Association and at age 65 for all other employees. Pension benefits can be paid as early as age 55 with a reduction. Shared risk plans extinguish all accrued rights to automatic future indexing. These automatic adjustments have been replaced by indexing as permitted by the Plan's funding policy, which is contingent on the SRP performance. 20 11+'1:3 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences (Continued) City of Saint John Shared Risk Plan (Continued) The initial required employee contributions are equal to 12% of earnings for employees in the International Association of Fire Fighters and Saint John Police Association and employee contributions of 9% of earnings for other employees. Members in public safety occupations who accept a non-union position will have a one-time opportunity to elect to continue to contribute at the higher rate. The City makes initial required employer contributions of 15.2% and 11.4% of earnings (representing about 126.7% of employee contribution rates) for each of these groups. The initial contribution rates for both the employees and the City is subject to change as a result of the triggering mechanism and limitations imposed by the Plan's funding policy. Also, since April 1, 2013, the City is required to make contributions of 17% of earnings for a period of 15 years, or when the Plan achieves a minimum funded ratio of 150% (as calculated under the legislation) using a 15 -year open group method (no less than 10 years of payment must be made). The City has no other financial obligation other than to make contributions at the above rates, and within the limits found under the Plan's funding policy. In the event of a wind-up of the Plan in the five years following the conversion date, the Plan would be wound up under the provisions of the Former CSJ Plan. All assumptions relating to the CSJ SRP have been made on the basis of an on-going Plan and the City does not foresee a wind-up of the Plan. Actuarial valuations Actuarial valuations for the Plan are conducted annually by the Board of Trustees for regulatory purposes. In turn, the actuarial valuations for accounting purposes are based on these figures (with adjustments). The most recent actuarial valuation was prepared as at January 1, 2017. The actuarial valuations for accounting purposes are based on a number of assumptions about future events, such as, inflation rates, interest rates, salary increases, employee turnover and mortality. The accrued benefit obligation as at December 31, 2016 and current period benefit cost for the following year are based on an actuarial valuation conducted as at December 31, 2016. The accrued benefit obligation as at December 31, 2017 and current period benefit cost for the following year are based on an actuarial valuation conducted as at December 31, 2016 and extrapolated to December 31, 2017, using assumptions effective for December 31, 2017. The assumptions used reflect management's best estimates. The following summarizes the major assumptions in the accounting valuations and extrapolations at the various effective dates: Discount Rate Inflation rate Salary increase Mortality: CPM -2014 mortality table with adjustments factors The Expected Average Remaining Service Life (EARSL) is 12 years contributions of $18,853,033 (2016 - $18,570,307). 6'101 December 31, December 31, 2017 2016 6.05% 5.95% 2.25% 2.25% 3% 3% During the year, the City made pension 21 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences (Continued) City of Saint John Shared Risk Plan (Continued) The following table reflects the City's share of the accrued benefit liability, which equals to the full portion of the Accumulated Benefit Obligation ("ABO") related to the temporary contributions and 55.9% of the remaining portion of the ABO net of Plan assets because funding contributions are shared at 55.9% by the City and 44.1 % by employees, before taking into account the additional temporary contribution of 17% of earnings. 2017 2016 City share of accrued benefit liability, beginning of year 114,600,000 114,100,000 City share of current period benefit cost 5,800,000 5,400,000 City share of past service cost 2,700,000 - Interest cost 6,600,000 6,600,000 Less City contributions (18,800,000) (18,600,000) Actuarial (gain)/loss (21,600,000) 7,100,000 City share of accrued benefit liability, end of year 89,300,000 114,600,000 Unamortized actuarial gain/(loss) 5,400,000 (17,400,000) Pension liability, end of year 94,700,000 97,200,000 The following table reflects the City share of pension related expenses: Current period benefit cost 5,800,000 5,400,000 Past service cost 2,700,000 - Interest cost 6,600,000 6,600,000 Amortization of City share of actuarial loss 1,200,000 700,000 Total expense related to Pension 16,300,000 12,700,000 Other employee future benefits The City provides for the payment of retirement allowances to retiring employees in accordance with the terms of the various collective agreements and Municipal policy. The retirement allowance is based on the member's final annual salary and years of service at retirement. Employees upon retirement from the City are entitled to a retirement allowance equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. The City also provides for employee sick leave. Unused sick leave accumulates to a maximum number of hours which varies by employment agreement. Under this program, employees are not entitled to a cash payment in lieu of sick leave when they leave the City's employment except as described below with respect to the retirement both outside workers (local 18) and firefighters (local 771). 22 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences (Continued) Other employee future benefits (Continued) Upon retirement, members of Local 18 and 771 will be eligible to receive 10% of their regular rate of pay for accumulated sick leave credits in excess of 1,760 hours or 2,280 hours respectively. For employees of the City of Saint John Fire department, who are unable to work due to heart disease or permanent injury to the lungs, the City pays certain amounts to disabled firefighters or their survivor spouse as a result of the provisions of an Act of the Legislature, known as the Act respecting the Saint John Firefighters's Association. As at January 1, 2013, the City's pension plan was converted to a shared risk model. As part of the conversion, the City assumed the obligation for paying existing disability pensions, that had been granted under the old plan, until disabled members reach the age of 65. On a go forward basis, disability coverage is now provided for employees through a long term disability program administered by an insurance carrier. Finally there are specific agreements that obligate the City to pay top up pensions to certain individuals. During the year, the City made payments of $64,128 (2016 - $62,833) related thereto. Valuation techniques and assumptions Actuarial valuations of the above benefits are completed for accounting purposes using the projected benefit method prorated on services. The last actuarial valuation of the post -employment benefit plans was conducted as at December 31, 2017. Previous to that, an actuarial valuation was performed as at December 31, 2016. The above benefit plans are unfunded and as such, there are no applicable assets. Benefits are paid out of general revenue as they become due. A reconciliation of the accrued benefit obligation for these plans, along with the main assumptions used for disclosure and expense calculations are as follows: 2017 2016 Accrued benefit obligation, beginning of year 26,436,668 26,580,309 Current period benefit cost 988,300 992,100 Past service improvement costs, plan amendments - 1,244,000 Benefit payments (3,062,043) (3,178,843) Interest cost 902,602 892,302 Actuarial loss (gain) 1,256,900 (93,200) Other employee future benefits, end of year 26,522,427 26,436,668 23 191MI The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences (Continued) Main assumptions used for these plans: Discount rate Salary increase EARSL 2017 2016 3.17% 3% 3.56% 3.00% Range from 10 to 22 Range from 10 to 23 These benefit plans require no contributions from employees. The benefit liability as at December 31, 2017 includes the following components: December 31, December 31, 2017 2016 Accrued benefit obligation (carrying value) Retirement allowances 4,048,400 3,744,300 Sick leave 8,407,000 7,732,200 Heart and lung pension 5,270,900 5,036,900 Disability benefits 6,634,800 7,863,300 Contractual top up agreements 1,138,827 1,121,668 Sick leave - Saint John Transit Commission 1,022,500 938,300 26,522,427 26,436,668 Unamortized actuarial losses (6,375,600) (5,553,400) 20,146,827 20,883,268 The unamortized actuarial losses will be amortized over the expected average remaining service life ("EARSL") of the related employee groups starting in the next fiscal year. EARSL is determined separately for each benefit program. 24 ROM The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 13. Post employment benefits and compensated absences (Continued) The total expense related to other employee benefits described above includes the following components: 2017 2016 Current period benefit cost 988,300 992,100 Amortization of actuarial loss 434,700 342,900 1,423,000 1,335,000 Other employee benefit interest expense 902,602 892,302 Total expense related to other employee future benefits 2,325,602 2,227,302 14. Contingencies In accordance with the Regional Service Delivery Act and the General Regulation thereunder, the City is also liable for a pro rata share of the debentures and other long term debt issued on behalf of the Fundy Region Solid Waste Commission ("Commission"). The portion attributable to the City is determined on the basis of its percentage of total population within all participating municipalities and unincorporated areas. The total of such debt outstanding at December 31, 2017 amounted to $214,000 (2016 - $712,000). Based on 2003 population figures, the City is liable for approximately 55% of the Commission's debt. The City is, from time to time, subject to various investigations, claims, and legal proceedings covering matters that arise in the ordinary course of its business activities. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material adverse effect on the consolidated financial position or operating results of the City. Legal proceedings filed in December 2013 remain outstanding against the city of Saint John with respect to the alleged activity of a former employee/police officer. The relief sought has not been quantified in the documents filed with the court and therefore the city is not in a position to estimate the amount of potential liability if any, in this matter. Legal proceedings were filed against the city of Saint John in early 2018 relating to the water supplied by the Municipal water system to some of its customers. The relief sought has not been quantified in the documents filed with the court and therefore the City is not in a position to estimate the amount of the potential liability, if any, in this matter. 15. Commitments Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission ("Regional Facilities Commission") was created by an Act of the Legislative Assembly of New Brunswick. Under the provisions of the Act, the Regional Facilities Commission has the authority to determine the annual amount of total municipal contribution to be made towards the operation of five regional facilities: the Saint John Aquatic Centre Commission, Harbour Station Commission, the Saint John Trade and Convention Centre, the Imperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its pro rata share of the Regional Facilities Commission's operating budget based on the tax bases of the participating municipalities of the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay -Westfield and the City of Saint John. The City's contribution is 67.39% in 2017 (2016: 67.30%). 25 RUM The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 16. Water and Sewer fund surplus/deficit The Municipalities Act requires Water and Sewer Fund surplus/deficit amounts to be absorbed into one or more of four Operating Budgets commencing with the second ensuing year; the balance of the surplus/deficit at the end of the year consists of: 17. Water cost transfer The City's water cost transfer for fire protection- is within the maximum allowable by Regulation 81-195 under the Municipalities Act, based upon the applicable percentage of water system expenditures for the population. 18. Funds held intrust Funds administered by the City for the benefit of external parties are not included in the consolidated financial statements. The amount administered as at December 31, 2017 was $476,690 (2016 - $477,329). 26 N7:EI! 2017 2016 2017 surplus 532,037 - 2016 surplus 716,564 716,564 2015 surplus 483,337 644,449 2014 surplus 1,015,317 1,522,975 2013 surplus 368,782 737,565 2012 surplus - 126,276 3,116,037 3,747,829 17. Water cost transfer The City's water cost transfer for fire protection- is within the maximum allowable by Regulation 81-195 under the Municipalities Act, based upon the applicable percentage of water system expenditures for the population. 18. Funds held intrust Funds administered by the City for the benefit of external parties are not included in the consolidated financial statements. The amount administered as at December 31, 2017 was $476,690 (2016 - $477,329). 26 N7:EI! The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 19. Funds and reserves Water & General General Transit Sewer Capital Operating Capital Capital 2017 2016 Reserve Reserve Reserve Reserve Total Total Assets Cash 12,671,137 3,306,777 1,100,000 250,000 17,327,914 7,716,293 Accumulated surplus 12,671,137 3,306,777 1,100,000 250,000 17,327,914 7,716,293 Revenue Transfers from Water and Sewerage Utility Operating Fund 6,850,000 - - 6,850,000 2,855,000 Transfers from General Operating Fund - 1,283,000 1,100,000 2,383,000 2,000,000 Transfers from Transit Operating Budget - - 250,000 250,000 - Interest 104,844 23,777 - - 128,621 31,293 Annual surplus 6,954,844 1,306,777 1,100,000 250,000 9,611,621 4,886,293 Balance, beginning of Year 5,716,293 2,000,000 - 7,716,293 2,830,000 Balance, end of Year 12,671,137 3,306,777 1,100,000 250,000 17,327,914 7,716,293 The City received funding from the Canada — New Brunswick Municipal Rural Infrastructure Program between 2001 and 2006 to assist with the cost of construction of water and sewerage assets. The agreements require the City to maintain replacement reserve funds, which can only be used to pay for the cost of replacement of specified capital items, unless otherwise approved by the Minister of Environment and Local Government. On December 12, 2017, Common Council passed a resolution to authorize the establishment of a General Capital reserve fund and a Transit Building reserve fund and approved the transfer of $1,100,000 to the General Capital reserve and $250,000 to the Transit Building reserve in the same year. 27 [+' 061 co N LO O h 00 ry+ W) W) O O T 00 Q E Cl) Q O T I : O I n � cn T I-- R N T M 00 T 00 M Cl) le — N Z r T n h 00 S O W) Cl) -4 W) T W) N (D 00 h 00 U- N T � r M 00 (D r. L W (D �+ N CE Cl) .O I r chN 0 W) ch co T d (c 0 � W N N CL N D) d O r L 0 m w _ O M V3 � 000 H Z LL 04 co N LO O h 00 T W) W) O O T 00 Do Cl) 04 O T I : O I n � n T I-- R N T M 00 T 00 M Cl) le — N Z O e T n h 00 N M h h W) Cl) -4 W) T W) M n (D 00 h 00 N H N T 00 M 00 (D r. r. 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O M O LU 0 Q O O N O 0 L M M � U 0 M V (.0LO LO O_ Ln O V 00 O yr O LO O M 00 C L E69 Ln V M O O M I N I� N R E N ya0 U V o t 0 y MC) (.0M M 00 O n R E "' 00 00 V O N V V O N ~ N O U N N V! 7 y N CL fl_ L V! x U) a N y N 3 C 7 0) > M m E IL o Fu 0 N R N N N M V M V N O CD r W) T 00 CD Cl) �D �D Cl) N r 00 00 O M 00 (0- r- 0 rO 00 LO r r� r 00 M N N r 00 M N N LO O O 00 N N Go W W Cl) co O T O M 4 04 M V O N IMO O Cfl O r- ASL' 7! co U c co c N co O c O U N L O � N 7 E 0 L Co C O E 0) yam+,a O N C 0 C N co E N Co N M O ti LO 0 0 o c Oro Oro IN LLC O M N N 00 a v I- O 00 00 O N O I- 00 r- Cfl M V Cfl V M 00 O V V 0 M V Ln LM 000 ASL' 7! co U c co c N co O c O U N L O � N 7 E 0 L Co C O E 0) yam+,a O N C 0 C N co E N Co N M O ti LO The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 24. Comparative Figures Certain comparative figures have been reclassified to conform with the current year's financial statement presentation. As a result of the reclassification, expenses for the General Government Services have decreased by $1,095,459 and expenses for the Protective Services have increased by the same amount. 25. Reconciliation of funding deficit upon adoption of PSAS 33 571 Special Top - up Heart and Retirement Agreements Lung Allowances Liabilities at December 31, 2016 as calculated on adoption of PSAS 1,041,100 5,036,900 3,744,300 Amount of December 31, 2016 liabilities funded in current year 37,000 234,000 304,100 Balance to be funded in future years 1,078,100 5,270,900 4,048,400 33 571 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details 34 N7A 2017 Budget 2017 2016 (Unaudited) (Note 2) REVENUE Other revenues from own sources General Government Services 3,304,118 1,690,010 1,472,244 Protective services 3,401,755 4,066,614 3,220,969 Transportation services 11,468,611 11,624,053 10,707,783 Environmental development services 5,535,480 5,913,346 7,406,169 Recreational and cultural services 1,269,356 1,385,290 1,316,699 24,979,320 24,679,313 24,123,864 Contributions from others General Government Services - 139,618 598,838 Protective services - - 141,734 Transportation services 248,882 3,999,029 3,514,251 Water and sewer services - 15,700,347 1,695,965 Environmental development services 340,300 706,064 2,435,308 Recreational and cultural services - 648,626 664,836 589,182 21,193,684 9,050,932 EXPENDITURES General government services Legislative Mayor's Office 185,037 174,056 162,577 Common Council 494,020 442,482 361,075 679,057 616,538 523,652 34 N7A The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) 35 1910:1 2017 Budget 2017 2016 (Unaudited) (Note 2) City Manager City Manager 666,266 651,790 595,268 Corporate Planning 566,643 514,749 357,046 Corporate Communications 456,889 418,512 418,434 1,689,798 1,585,051 1,370,748 Common services City Hall Building 2,139,261 2,028,156 1,758,192 Property Assessment 1,313,473 1,336,557 1,305,736 Public Liability Insurance 304,000 299,930 299,766 3,756,734 3,664,643 3,363,694 Other Common Clerk 642,938 709,056 618,921 Human Resources 1,514,635 1,506,203 1,378,081 Finance 1,710,083 2,266,598 2,293,238 City Solicitor 739,942 674,167 648,991 Materials Management 1,096,765 1,112,053 1,137,391 Information Systems and Support 2,204,371 2,436,050 2,460,000 Insurance 269,477 296,076 275,413 Debt Charges 16,551,148 4,202,502 4,330,234 Amortization - 7,836,803 7,740,108 Post Employment Expenses 10,117,000 6,816,700 4,463,273 Trust Funds - 20,000 25,000 Other 2,562,709 2,077,978 4,923,777 Regional Services Commission 24,227 24,227 28,381 37,433,295 29,978,413 30,322,808 Total general government 43,558,884 35,844,645 35,580,902 Protective services Police protection Police Operations 14,900,774 15,201,194 14,264,880 Support Services 1,813,615 1,360,438 1,604,170 Administration 1,990,601 2,118,552 2,096,097 35 1910:1 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) KE N'M, 1! 2017 Budget 2017 2016 (Unaudited) (Note 2) Stations and Buildings 1,076,693 943,298 980,584 Criminal Investigation 4,168,000 4,311,463 4,531,840 Detention Services 304,000 279,648 296,332 Automotive 516,076 600,949 375,014 24,769,759 24,815,542 24,148,917 Fire protection Fire Operations 20,841,812 21,947,568 21,204,746 Fire Investigation 76,052 57,163 62,928 Fire Prevention 1,016,823 920,483 939,896 Fire Training 2,500 2,605 - 21,937,187 22,927,819 22,207,570 Other protective services Inspection Services 1,076,377 995,049 991,493 Enforcement Services 201,272 239,350 200,328 Minimum Standards 268,998 257,993 226,547 Dangerous Buildings 432,781 520,663 268,701 Animal Control 85,342 87,652 85,698 Emergency Measures 320,983 278,482 270,869 Emergency Dispatch Centre 2,371,544 2,348,023 2,318,592 4,757,297 4,727,212 4,362,228 Total protective services 51,464,243 52,470,573 50,718,715 KE N'M, 1! The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) 14,923,845 14,888,396 15,195,182 Total transportation services 37,667,466 46,488,052 46,435,416 37 191W 2017 Budget 2017 2016 (Unaudited) (Note 2) Transportation services Public works Roads and Sidewalks 14,960,708 12,787,474 11,600,133 Other Drainage Services 2,647,287 2,105,971 2,411,079 Street Lighting 937,300 969,891 875,820 Municipal Operations 530,240 432,816 468,525 Amortization -Transportation - 12,205,433 12,246,795 19,075,535 28,501,585 27,602,352 Fleet Fleet - - 976,520 General engineering Transportation 615,537 319,382 274,397 Traffic Engineering and Systems 2,449,894 2,256,471 1,842,550 3,065,431 2,575,853 2,116,947 Parking administration Parking Administration 602,655 522,218 544,415 602,655 522,218 544,415 External controlled entities Saint John Transit Commission 11,978,906 12,101,539 12,674,913 Saint John Parking Commission 2,944,939 2,786,857 2,520,269 14,923,845 14,888,396 15,195,182 Total transportation services 37,667,466 46,488,052 46,435,416 37 191W The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) 684,009 598,687 644,483 191YU KE 2017 Budget 2017 2016 (Unaudited) (Note 2) Water and sewer services Saint John water & wastewater Drinking Water 9,512,000 8,347,521 7,662,509 Industrial Water 1,519,000 1,108,621 1,431,177 Wastewater 10,564,000 8,893,315 9,054,542 Infrastructure Management 1,330,000 444,985 420,872 Internal Charges 750,000 150,619 54,636 Fiscal Charges 21,575,000 4,177,956 3,936,511 Amortization - 12,696,952 12,426,750 Total water and sewer services 45,250,000 35,819,969 34,986,997 Environmental health services Sanitary Service 3,760,728 3,281,736 3,208,944 Total environmental health services 3,760,728 3,281,736 3,208,944 Environmental development services Research and planning Community Planning 1,470,064 1,648,155 1,128,910 Plan SJ 307,306 265,425 297,090 1,777,370 1,913,580 1,426,000 Administration and geographic information systems (GIS) GIS 348,680 330,799 379,882 Carpenter Shop 335,329 267,888 264,601 684,009 598,687 644,483 191YU KE The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) 5,649,129 3,564,569 3,431,354 Real estate management Property Management 1,186,178 1,095,437 1,098,390 Property Management -Police HO - - 1,304 Real Estate 339,617 361,730 258,254 Other environmental development services City Market Tourism Community Development 1,525,795 1,457,167 1,357,948 1,033,746 2017 940,682 1,033,495 1,022,005 Budget 2017 2016 190,397 (Unaudited) Saint John Development Corporation (Note 2) 609,308 459,304 Harbour Station Commission 3,295,692 3,760,021 3,555,462 Economic development 2,845,957 2,516,216 2,496,244 Growth Reserve 450,000 170,984 - Economic Development Agencies 507,500 - - Market Square Common Area 2,278,546 2,200,552 2,202,210 Regional Economic Development 237,500 475,000 475,000 Regional Facilities 2,040,583 718,033 754,144 Saint John Industrial Parks 135,000 - - 5,649,129 3,564,569 3,431,354 Real estate management Property Management 1,186,178 1,095,437 1,098,390 Property Management -Police HO - - 1,304 Real Estate 339,617 361,730 258,254 Other environmental development services City Market Tourism Community Development 1,525,795 1,457,167 1,357,948 1,033,746 1,061,321 940,682 1,033,495 1,022,005 1,020,234 200,289 195,511 190,397 7,147,969 8,371,855 12,468,836 Total environmental development services 19,051,802 18,184,695 21,479,934 KE 1�rA 2,267,530 2,278,837 2,151,313 External controlled entities Saint John Development Corporation 635,360 609,308 459,304 Harbour Station Commission 3,295,692 3,760,021 3,555,462 Aquatic Centre Commission 2,845,957 2,516,216 2,496,244 Trade and Convention Centre - 864,678 875,208 Non Profit Housing - - 4,834,554 Saint John Industrial Parks 370,960 621,632 248,064 7,147,969 8,371,855 12,468,836 Total environmental development services 19,051,802 18,184,695 21,479,934 KE 1�rA The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2017 26. Other Revenue and expense details (Continued) 40 N"tE:3 2017 Budget 2017 2016 (Unaudited) (Note 2) Recreational and cultural services Cultural grants Other Cultural Grants 2,132,538 1,328,880 1,292,284 2,132,538 1,328,880 1,292,284 Parks Rockwood Park 584,927 459,239 500,824 Parks General Services 2,212,220 2,059,970 1,837,986 2,797,147 2,519,209 2,338,810 Community services Parks and playgrounds 321,347 205,688 231,354 Recreation and parks 317,535 298,213 295,774 Pro Kids 151,280 99,482 104,015 790,162 603,383 631,143 Other recreational and culture services Sports and Recreation 3,093,749 3,285,374 3,018,743 Community Centres 869,068 843,929 754,765 Cultural Affairs 119,688 111,517 107,264 Amortization - Recreation - 1,202,075 1,214,383 4,082,505 5,442,895 5,095,155 External controlled entities Lord Beaverbrook 410,704 378,653 377,974 Saint John Free Public Library - 616,097 655,776 410,704 994,750 1,033,750 Total recreational and cultural services 10,213,056 10,889,117 10,391,142 Saint John Energy - 8,152,000 - Total energy services - 8,152,000 - TOTAL EXPENDITURES 210,966,179 211,130,787 202,802,050 40 N"tE:3 Financial Statements The City of Saint John Trust Funds December 31, 2017 L!M- Mil M - Independent Auditor's Report To His Worship the Mayor and Members of Common Council of The City of Saint John Deloitte LLP Brunswick House P.O. Box 6549 44 Chipman Hill, 7th Floor Saint John NB E21- 4R9 Canada Tel: 506-632-1080 Fax: 506-632-1210 www.deloitte.ca We have audited the accompanying financial statements of the City of Saint John Trust Funds ("City"), which comprise the statements of financial position as at December 31, 2017, and the statements of 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 public sector accounting standards, 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 Our responsibility is to express an opinion on`'��„ financial statements based on our audit. We conducted our audit in accordance with Can a�a��"generally accepted auditing standards. Those standards require that we comply with ethic ,r quuiirements and plan and perform the audit to �ol,, obtain reasonable assurance about whether the finary 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 on 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 City'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 purpose of expressing an opinion on the effectiveness of the City's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. In our opinion, the financial statements present fairly, in all material respects, the financial position of the City of Saint John Trust Funds as at December 31, 2017, and the results of its operations, changes in its net assets, and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Chartered Professional Accountants DATE RUN � - - / 2 G co LO , ƒ m N m LO k\ 609, 7 ¥ M © © : �- - u U - � � �>n«n D � a 2 ƒ � � , ƒ m N m LO STATEMENT OF CASH FLOW 2017 2016 Operating activities Excess of investment income over expenditure 5,536 4,402 Changes in non-cash working capital: Term Deposits (14) Accrued Receivable (1,318) - Accounts Payable 61 - Investment activities Contributions to other entities (6,039) (3,863) Net cash increase in cash and cash equivalents (1,774) 539 Cash, beginning of year 475,607 475,068 Cash, end of year 473,833 475,607 The accompanying notes are an integral part of these financial statements M 611:X3 The City of Saint John - Reserve and Trust Funds Notes to the financial statements For the year ended December 31, 2017 1. SIGNIFICANT ACCOUNTING POLICIES The financial statements of the City are the representations of the City's Management prepared in accordance with Canadian generally accepted accounting principles for local governments, as recommended by the Chartered Professional Accountants of Canada Public Sector Accounting Board. Revenue Investment income is recognized on an accrual basis. Expenses Expenses are recorded on an accrual basis. Cash and cash equivalents Cash and cash equivalents incl�e"icash on hand, balances with banks and short term deposits with original mat�xa4��. '% i Financial Instruments IF W The Trust Fund's financial instruments consist of cash, term deposits, and accounts payable. Financial instruments are recorded at fair value when acquired. Financial assets with actively traded markets are reported at fair value, with any unrealized gains or losses reported in excess (deficiency) of revenue over expenditure. Financial instruments are tested for impairment at each reporting date. The Reserve and Trust Funds are exposed to interest rate risk in that the value of the marketable securities can be adversely affected by a change in interest rates. 2. TRUST FUNDS Tucker Fund By an Act of the Legislature enacted on April 20, 1927, securities with a par value of $10,000 were vested with the City of Saint John. This Act provided that the income and a portion of the principal from this Trust, with the approval of Common Council, should be used for the maintenance and improvement of Tucker Park. E The City of Saint John - Reserve and Trust Funds Notes to the financial statements For the year ended December 31, 2017 2. TRUST FUNDS (continued) Stockford Memorial Fund This fund was established on December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston, Massachusetts. This amount was to be invested and the annual income was to be used towards the upkeep and maintenance of King Square. O'Connell Fund This fund was established on March 22, 1939 with a contribution of $2,000 from J.D. O'Connell. The contribution was to be invested and the income distributed among the orphanages of the City on the prorata basis of the children cared for by each, to be given by way of a Christmas gift to each child. In October 2004, this agreement was amended to allow, h, Trustees to disburse the income arising from the trust investments yearly to.. �e_ pty Stocking Fund. L.R. Ross Fund This fund was established in 1921 though the gift of $1,250 and the "Ross Memorial Cup". The Cup was to be competed for annually by amateur single scullers, aged twenty-one years or under who are residents of the Maritime Provinces. The income from this Trust was to be used to provide a duplicate cup for the winner of each race held. Changes to the Trust in 1986 now allow for the funds to be used to promote the sport of rowing within the City of Saint John and its suburban communities, provided that an amount of $4,000 remains in the fund to enable the "Ross Memorial Cup" to be duplicated when necessary. A. Carle Smith Fund Established in September 1976, funds were received from the estate of A. Carle Smith. These funds are to be used for the maintenance of a wildlife sanctuary in the South Bay area. Bi -Centennial Funds These funds are to be used for ceremonies marking the 200th anniversary of Canada in the year 2067. 0 611-119 z Ms. O'Connor City Of Saint John P. 0. Box 1971 SaintJohn, U24 E2[,jjLI Dear, Ms, 0'C,?PP6r, q JUN 18 2018 We're back! Loch Lomond Villa Foundation is hosting our Second Annual Golf Fundraiser, a golf event with a twist. On Friday, August 17Th, join us for Glow in the Dark Night G0 at the Riverside Golf Course. Registration starts at 4:30pm., shot gun start is at 5:30 p.m. There will be musical entertainment as well as a buffet dinner to follow your first nine holes. Then return to the course for the final six holes of night golf with lots of glow in the dark fun! Whether you're an avid golfer looking for an exciting challenge or wanting to experience something new and fun to try, this event is for you Funds raised from this event will support program funding to help "improve the quality of life for the residents and families of Loch Lomond Villa". Reserve your, spot for only $125 per person or a team of 4 for $500. This event is limited to only 18 teams and will sell out fast, so don't wait, call and reserve your spot today! 'Team of four benefits include: 0 9 Holes of Golf in the evening; m 6 Holes of Glow in the Dark Night Golf; ,a 4, complimentary tickets to the Buffet Dinner. Thank you for, your consideration and I look forward to following up with you. To register call or email the attached form back to us with your details. Kristen Wheaton Clayton Foundation Director 185 Loch Lomond Road Saint John, NB E2J3S3 P: (506) 643-7110 58E� O/LLVFoundation 0 @LLVFoundation E: foundation@lochlomondvilia.com www.lochlomondvilia.com rIII Jill IIIIIIII III ! 111 11 11 Jill � m M.. 7113reff'ro, WM I o Diamond Sponsor (1,500) o Gold Sponsor ($1,000) o Silver Sponsor ($500) o Hole Sponsor ($250) Ell 1pilllli�ll II� MUM! I ;1l;J ilis�miii J;j :�, iiiii �'i; All 11 Contact Information: Company Name: Company/Organization/Individual Contact Name: (if company purchasing) Mailing Address: City/Town: 7�,rovince: Postal Codz-: Email: 2. 3. 4. HM Mail/Check: Li Please invoice at the above noted address (*Note: Payments to be received by August 30th, 2017) o Cheque attached Credit Card: Li Visa o Mastercard Credit Card # Expiry Date: Print Name on Card Security Code Signature: RUIN