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2018-12-17_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, December 17, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of December 3, 2018 5-18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Cities of New Brunswick Newsletter Writer 2018 (Recommendation: Receive 19-24 for Information) 5.2 K. Nixon: Street Lights (Recommendation: Receive for Information) 25-25 5.3 HMCS Brunswicker - Request to Present (Recommendation: Refer to the Clerk 26-26 to Schedule) 5.4 Acting City Manager (Recommendation in Report) 27-28 5.5 Proposed Public Hearing Date - 3700 King William Road, 1350 Hickey Road 29-31 and 93 Loch Lomond Road (Recommendation in Report) 5.6 Municipal Approval for Writer Love SJ Special Event License 32-36 (Recommendation in Report) 6. 7. 8. 9. 10. 11 5.7 2019 Community Grants Selection (Recommendation in Report) 37-43 5.8 Proposed Local Government Services Easements - 147 Lansdowne Avenue 44-47 (Recommendation in Report) 5.9 Printing Service Agreement with Saint John Energy (Recommendation in 48-69 Report) 5.10 Proposed Easement in Favour of The City of Saint John - Develop Saint John 70-73 Inc. Subdivision, Galbraith Place (Recommendation in Report) 5.11 Canadian Institute of Cybersecurity Membership Agreement (Recommendation 74-94 in Report) 5.12 Fleet Replacement Procurement - December 2018 (Recommendation in 95-99 Report) Members Comments Proclamation Delegations / Presentations 8.1 Yacht Haven Lane 100-175 8.2 Winter Love SJ 176-186 Public Hearings - 6:30 p.m. Consideration of By-laws 10.1 Public Presentation - Proposed Municipal Plan Amendment re: 179-185 187-193 Golden Grove Road 10.2 Business Improvement Levy By -Law Amendment (1st and 2nd Reading) 194-194 10.3 A By -Law to Provide for Salaries to the Members of the Common Council (3rd 195-195 Reading) 10.4 105 Prince Edward Street - Zoning By -Law Amendment with Section 59 196-198 Conditions (3rd Reading) 10.5 4 Second Street - Zoning By -Law Amendment with Section 59 Conditions (3rd 199-201 Reading) Submissions by Council Members 11.1 New Brunswick International Student Program (NBISP) (Councillor Norton) 202-202 K 12. Business Matters - Municipal Officers 13. Committee Reports 13.1 Finance Committee: 2019 General Operating Budget 13.2 Finance Committee: Reserves 13.3 Finance Committee: Transit Building Fund Reserve 13.4 Finance Committee: Coast Guard Administration Building 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Recommended 2019 Management/ Professional Employee Annual Economic Increase 17.2 Mayor's Office Executive Assistant 18. Adjournment K3 203-225 226-230 231 -232 233-238 239-239 240-244 City of Saint John Common Council Meeting Monday, December 17, 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: 5:00 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 17 &cembre 2018 18 h, Salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une s6ance 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 17 h — Salle de conf6rence, 8e 6tage, h6tel de Ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question financiere — alinea 68(1)c) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 3 d6cembre 2018 3. Approbation de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Bulletin d'hiver 2018 de 1'Association des cites du Nouveau -Brunswick (recommandation : accepter a titre informatif) 5.2 K. Nixon : Lampadaires (recommandation : accepter a titre informatif) 5.3 NCSM Brunswicker — Demande de pr6sentation levant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fixee) 5.4 Directeur general par interim (recommandation figurant au rapport) 2 5.5 Date propose de la tenue d'une audience publique relativement au 3700, chemin King William, au 1350, chemin Hickey et au 93, chemin Loch Lomond (recommandation figurant au rapport) 5.6 Approbation municipale du permis pour 1'6v&nement special Winter Love SJ (recommandation figurant au rapport) 5.7 S6lection des subventions communautaires de 2019 (recommandation figurant au rapport) 5.8 Servitudes proposes pour services du gouvernement local — 147, avenue Lansdowne (recommandation figurant au rapport) 5.9 Entente relative au service d'impression conclue avec Saint John Energy (recommandation figurant au rapport) 5.10 Servitude propose en faveur de la Ville de Saint John — Lotissement de D&veloppement Saint John Inc., place Galbraith (recommandation figurant au rapport) 5.11 Convention d'affiliation de l'Institut canadien sur la cybers&curit& (recommandation figurant au rapport) 5.12 Acquisition de la flotte de remplacement — d6cembre 2018 (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 A116e Yacht Haven 8.2 Winter Love SJ 9. Audiences publiques —18 h 30 10. Etude des arret6s municipaux 10.1 Pr6sentation publique relative au projet de modification du plan d'am&nagement visant le 179-185, chemin Golden Grove 10.2 Modification de 1'Arret6 concernant la contribution pour 1'am&lioration des affaires (premiere et deuxi&me lectures) 10.3 Arret6 relatif aux salaires des membres du conseil communal (troisi&me lecture) 10.4 105, rue Prince Edward — Modification de 1'Arret6 de zonage conform6ment aux conditions imposes par Particle 59 (troisieme lecture) K3 10.5 4, rue Second — Modification de 1'Arrete de zonage conformement aux conditions imposees par Particle 59 (troisieme lecture) 11. Interventions des membres du conseil 11.1 New Brunswick International Student Program (NBISP) (conseiller Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Budget de fonctionnement general de 2019 13. Rapports deposes par les comites 13.1 Comite des finances : Reserves 13.2 Comite des finances : Fonds de reserve pour Finstallation de la Commission des transports 13.3 Comite des finances : Immeuble administratif de la Garde cotiere 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance C! COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 2018 MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN DECEMBER 3, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Councillor Ward 1 Greg Norton Also Present: N. Jacobsen Acting City Manager Commissioner Growth and Community Development J. Hamilton Fire Chief K. Clifford City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern Deputy Commissioner Transportation and Environment T. O'Reilly Deputy Commissioner Growth and Community Development A. Poffenroth Common Clerk J. Taylor Deputy Common Clerk P. Anglin 61 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 3 2018 1. Call to Order 2. Approval of Minutes 2.1 Minutes of November 19, 2018 Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that the minutes of the meeting of Common Council, held on November 19, 2018, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that the agenda of this meeting be approved with the addition of items: 17.1 City Manager Position 17.2 Voluntary Severance Agreement 17.3 Freedom of the City for Friars Sisters 17.4 Appointment to Police Commission 17.5 Lease of City Hall Premises LTA 100000114Y1:k]k]11191 Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that item 17.1 City Manager Position be moved forward on the agenda. MOTION CARRIED. 17.1 City Manager Position Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on December 3, 2018, Common Council approve that Mr. Jean Claude (John) Collin be appointed to the position of City Manager of the City of Saint John pursuant to section 71(2) of the Local Governance Act (S.N.B. 2017 c. 18) and the City of Saint John Government Act (S.N.B. 2012 c. 51) with such appointment being upon the terms and conditions set out in the correspondence addressed to Mr. Collin and dated the 271h day of November, 2018, a copy of which was submitted to Common Council by the Committee of the Whole on Monday December 3, 2018. MOTION CARRIED UNANIMOUSLY. 2 C.1 COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 d6cembre 2018 The Mayor commented on the recruitment process and the leadership qualities of the successful candidate, Jean Claude (John) Collin. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the letter from Elections NB — Acknowledgement of Council Vacancy be received for information. 5.2 That as recommended by the City Manager in the submitted report M&C 2018- 315: Cleanup of Unsightly Property at 94 and 96 Woodhaven Drive, 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 cleanup of the property at 94 and 96 Woodhaven Drive, PID# 00370288. 5.3 That as recommended by the City Manager in the submitted report M&C 2018- 333: Tender Call 2018-084201T. Biosolids Receiving & Processing - Millidgeville and Eastern Wastewater Treatment Plants, the contract be awarded to Envirem Organic Inc. at the tendered price of $51.00 per tonne (including HST), resulting in a total yearly value of approximately $200,000 (including HST) as calculated based upon historic biosolids production. 5.4 That as recommended by the City Manager in the submitted report 2018-331: Geographic Information Systems Enterprise Upgrade, the City enter into a Service Request Agreement with Esri Canada Limited, for a maximum of $13,145 (plus applicable taxes) and further that the Mayor and Common Clerk be authorized to execute the Service Request Agreement in the form already approved by the Legal Department as well as the Consulting Service Request Order. 5.5 That the Winter Love SJ — Request to Present be referred to the City Manager to assist in facilitating the event and referred to the Common Clerk to schedule a presentation. 5.6 That as recommended by the City Manager in the submitted report M&C 2018- 341: Additional Authorized Users on the Trunked Mobile Radio System, the Mayor and Common Clerk be authorized to execute the Letter of Agreement with Additional Authorized User (AUU) as required by the Province of New Brunswick in order to use the New Brunswick Trunked Mobile Radio System. 5.7 That as recommended by the City Manager in the submitted report M&C 2018- 342: Coast Guard Administration Building Interim Use, Common Council direct the Mayor and Common Clerk to execute the submitted agreement; and further that the 3 r� COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 d6cembre 3 2018 City hereby grants permission to the RCMP to occupy at no cost, the building, referred to as the former Coast Guard Administration Building located on Water Street in Saint John, and the adjacent parking area, for the purpose of the RCMP's conducting such training as it determines for its members and members of the Saint John Police Force, within the said building, during the following times: December 4-6, 2018 inclusive and January 22-24, 2019 inclusive. 5.8 That as recommended by the City Manager in the submitted report M&C 2018- 338: Acquisition of PID No. 55159677 off McAllister Drive from Scottish Enterprises Ltd., Common Council adopt the following resolution: 1. The City of Saint John accept the transfer of PID No. 55159677 from Scottish Enterprises Ltd. for $1.00 plus normal adjustments and administrative fees associated with the land transfer, and to pay $500.00, inclusive of HST (if applicable) for the vendor's legal costs associated with said transfer; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.9 That as recommended by the City Manager in the submitted report M&C2018- 334: Agreement Public Sector Digest Inc., Common Council authorize the Mayor and Common Clerk to sign the submitted agreement with Public Sector Digest Inc. 5.10 That as recommended by the City Manager in the submitted report M&C 2018- 348: Business Improvement Area 2019 Budget, the 2019 Association Budget for the Business Improvement Area be received for information and that advertising be authorized for setting January 14, 2019 as the date for Council to consider approving the budget. 5.11 That as recommended by the City Manager in the submitted report M&C 2018- 349: Award of Design and Project Management Services for City Hall Relocation, the City engage TOSS Solutions to complete the detailed design and provide project management services required for the relocation of City Hall to new space at 15 Market Square in an amount up to $257,077.80 plus HST (fixed cost) and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.12 That as recommended by the City Manager in the submitted report M&C 2018- 345: Revision to Purchase of Self -Contained Breathing Apparatus for Saint John Fire Department, Common Council authorize the City to enter into the appropriate Lease Agreement with Royal Bank of Canada in accordance with the anticipated operation of the proposal submitted by Mic Mac Fire and Safety Source Ltd. at an annual cost of $81,070 plus HST over a ten year period; and further, that the Mayor and Common Clerk be authorized to execute the necessary documents; and, 4 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 2018 BE IT FURTHER RESOLVED, that the previous resolution in this matter be rescinded. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 8.1 Saint John Ability Advisory Committee Referring to the submitted report entitled Saint John Ability Advisory Committee, the Committee Executives, Wanda Berrette — Chair; Marisa Misner — Vice Chair and Greg Cutler - City Liaison presented the initiatives to make the City a more inclusive place to live, work and play. Accessibility issues in buildings, transit, roads and sidewalks, public safety, human resources and recreation were addressed. Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that the submitted report entitled Saint John Ability Advisory Committee be received for information. 9. Public Hearings 6:30 PM 9.1 Staff Presentation and Planning Advisory Committee report recommending Zoning Bylaw Amendment —105 Prince Edward Street 9.1.1 151 and 2nd Reading The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 316 square metres, located at 105 Prince Edward Street, also identified as PID Numbers 00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG) with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 20, 2018 G1 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 3 2018 meeting at which the Committee recommended the rezoning of a parcel of land located at 105 Prince Edward Street as described above, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with no one presenting. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 316 square metres, located at 105 Prince Edward Street, also identified as PID Numbers 00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG), be read a first time. LTA [0000114L1:k]k]11191 Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John". Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 316 square metres, located at 105 Prince Edward Street, also identified as PID Numbers 00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John". 9.2 Staff Presentation and Planning Advisory Committee report recommending Zoning Bylaw Amendment — 4 Second Street 9.2.1 111 and 2nd Reading The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 1072 square metres, located at 4 Second Street, also identified as PID Number 00026849 from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL), with no objections being received. iN COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 2018 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 20, 2018 meeting at which the Committee recommended the rezoning of a parcel of land located at 4 Second Street as described above, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Michael Saunders, the applicant presenting. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1072 square metres, located at 4 Second Street, also identified as PID Number 00026849 from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John". Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1072 square metres, located at 4 Second Street, also identified as PID Number 00026849 from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John". Councillor Armstrong withdrew from the meeting. 9.3 Staff Presentation and Planning Advisory Committee report recommending Section 59 Amendment — 915 Red Head Road The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 59 Amendment, amending the agreement dated May 15, 1990 and the Section 59 conditions imposed on the May 7, 1990 rezoning of the property rA 11 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 3 2018 located at 915 Red Head Road, also identified as PID Number 00338350, to discharge existing Section 59 conditions that limit the use of the property, with no written objections received. Andy Reid, City Planner, provided a staff report recommending the discharge of the existing Section 59 conditions. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its November 20, 2018 meeting at which the Committee recommended the discharge of the existing Section 59 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Don Merzetti, the applicant presenting. Moved by Councillor Merrithew, seconded by Councillor Reardon: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19), hereby discharges the agreement dated the 15th day of May, 1990 between Peter J. Scholten and the City of Saint John, respecting the property identified in the said agreement by LRIS number 00338350 (the Land) and which agreement was made pursuant to the provisions of Section 39 of the Community Planning Act in effect at that time (RSNB 1973 as amended). MOTION CARRIED. 10. Consideration of By-laws 10.1 A Law to Amend a By -Law respecting Water and Sewerage re: Bylaw Enforcement Ord Reading) Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the bylaw entitled, "By -Law Number M-16, A Law to Amend a By -Law respecting Water and Sewerage", by amending Section 1 to introduce a definition of "By -Law Enforcement Officers" for the purposes of enforcement of the by-law under the Local Governance Act; and repealing and replacing Section 50 related to fines upon conviction of an offence, be read. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "By - Law Number M-16, A Law to Amend a By -Law respecting Water and Sewerage" instead of being read in its entirety was read in summary as follows: 8 12 COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 2018 "The amendment introduces a definition of "By -Law Enforcement Officers" for the purposes of enforcement of the by-law under the Local Governance Act, and amends the enforcement section of the by-law by adding a provision that allows a fine to be multiplied by the number of days an offence continues." Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the bylaw entitled, "By -Law Number M-16, A Law to Amend a By -Law respecting Water and Sewerage", by amending Section 1 to introduce a definition of "By -Law Enforcement Officers" for the purposes of enforcement of the by-law under the Local Governance Act; and repealing and replacing Section 50 related to fines upon conviction of an offence, be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number M-16, A Law to Amend a By -Law respecting Water and Sewerage." 10.2 Council Salary Adjustment and By -Law Update (151 and 2nd Reading) Consideration was given to a submitted report entitled, "Council Salary Adjustment and By -Law Update." Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John", be read a first time. MOTION CARRIED with Councillors Casey and Sullivan voting nay. Read a first time by title, the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John", be read a second time. MOTION CARRIED with Councillors Casey and Sullivan voting nay. Read a second time by title, the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for Salaries to the Members of the Common Council of The City of Saint John." 01 13 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 3 2018 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 13-15 Albert Street (PID 374777) R. Van Wart provided Council with the staff recommendation to demolish the property. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 13-15 Albert Street (PID 374777) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence that the building is structurally sound and not dilapidated. Moved by Councillor Strowbridge, seconded by Councillor Reardon: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-335: Demolition of Vacant, Dilapidated and Dangerous Building at 13-15 Albert Street (PID 374777), Common Council approve the following: RESOLVED that the building located at 13-15 Albert Street (PID #374777), is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and, BE IT FURTHER RESOLVED, that said building is be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and, BE IT FURTHER RESOLVED, that one of more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 120 Main Street (PID# 374165) R. Van Wart provided Council with the staff recommendation to demolish the property. 10 14 COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 d6cembre 2018 The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 120 Main Street (PID# 374165) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence that the building is structurally sound and not dilapidated. Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-336: Demolition of Vacant, Dilapidated and Dangerous Building at 120 Main Street (PID 374165), Common Council approve the following: RESOLVED that the building located at 120 Main Street (PID # 374165), is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and, BE IT FURTHER RESOLVED, that said building is be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and, BE IT FURTHER RESOLVED, that one of more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 131 Victoria Street (PID# 376103) R. Van Wart provided Council the staff recommendation to demolish the property. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 131 Victoria Street (PID# 3761031 is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone 11 15 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 d6cembre 3 2018 holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence that the building is structurally sound and not dilapidated. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-337: Demolition of Vacant, Dilapidated and Dangerous Building at 131 Victoria Street (PID 376103), Common Council approve the following: RESOLVED that the building located at 131 Victoria Street (PID # 376103), is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and, BE IT FURTHER RESOLVED, that said building is be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and, BE IT FURTHER RESOLVED, that one of more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. LTA 100000114Y1:k]k]11191 Councillor Armstrong re-entered the meeting. 12.4 MoveSJ Phase 2 Referring to the submitted report entitled Move SJ Phase 2 T. O'Reilly provided the context of the comprehensive strategy. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-232: MoveSJ Phase 2, Common Council adopt the Pedestrian, Parking, Transit, Goods Movement and Travel Demand Model Strategies presented in Phase 2 of the Transportation Strategic Plan MoveSJ. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 12 COMMON COUNCIL/ CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 2018 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.2 Voluntary Severance Agreement MOVED by Deputy Mayor McAlary, seconded by Councillor Reardon: RESOLVED that as recommended in the report M&C 2018-340 submitted to the December 3, 2018 Committee of the Whole closed session, Common Council authorize the Commissioner of Finance to make payment of Voluntary Severance to the individual identified by Employee XXXX in an amount equal to the gross amount of Fifty Thousand Dollars ($50,000) less applicable statutory and other deductions, with such payment being further conditional upon the receipt of the executed Separation Agreement and Schedules thereto, as attached to a report to Committee of the Whole of Common Council respecting this matter, dated November 28, 2018; and, BE IT FURTHER RESOLVED that Committee of the Whole recommend to Common Council that the Mayor and Common Clerk be authorized to execute the aforementioned Settlement Agreement. MOTION CARRIED. 17.3 Freedom of the City for Friars Sisters MOVED by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on December 3, 2018, Common Council confer the honour of Freedom of the City to the Friars Sisters: Tracy Friars, Darlene Friars, Barbara Walker, Heather Stilwell, Bette Vincent, Wendy Youden, Jane Dalton, and Lynn MacDonald in recognition to their significant contribution to the City of Saint John. MOTION CARRIED UNANIMOUSLY. 17.4 Appointment to Police Commission MOVED by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the Committee of the Whole having met on December 3, 2018 Common Council make the following appointment to a committee: Saint John Board of Police Commissioners: Douglas Jones be appointed to the Saint John Board of Police Commissioners for a three year term from December 3, 2018 to December 3, 2021. 13 17 COMMON COUNCIL / CONSEIL COMMUNAL December 3, 2018 / le 3 decembre 3 2018 MOTION CARRIED. 17.5 Lease of Citv Hall Premises MOVED by Councillor MacKenzie, seconded by Councillor Armstrong: RESOLVED that as recommended by the Committee of the Whole having met on December 3, 2018 Common Council approve the Lease Amendment Agreement ("LAA") as well as the Amendment to the Lease Amendment Agreement ("Amendment to LAA") between 703732 N.B. Ltd. as Landlord and The City of Saint John as Tenant; and further that the Mayor and Common Clerk be authorized to execute each of those documents. LTA IQI[Q0114Y1:l11I191 18. Adjournment Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the meeting of Common Council held on December 3, 2018, be adjourned. LTA [0000114YA001491 The Mayor declared the meeting adjourned at 8:41 p.m. 14 iF:1 ¢ u�l"ler trttaW ��irr f tl s of New Bros ick Asflori A—dation1 QI e Flu Nruc"u 5 x swi(k President's Message: Adam Lordon As the year comes to a close on the heels of our successful AGM in Miramichi, our association will enter 2019 with a strong focus on our shared priorities, and a plan to work collaboratively with the other municipal associations and the provincial government to create meaningful change in the policy areas we've identified. We will also continue to work together at both the mayor and Councils and staff levels to develop proposed solutions to bring to the PMC table. We have had a year of building and creating awareness on our issues. We have "set the table" and established a dialogue on the issues we want to discuss. With a new provincial government now in place, we can expect the next year to see our reforms beginning to happen from securing our share of the Cannabis Excise Tax and a Hotel Levy, to the beginning of a broader review of our municipal tax system. Thank you to each of you for your hard work and commitment to our efforts. Merry Christmas and Happy Holidays to you and yours. w IIS � IIII R 20 1 8 Upcoming Events • ProvinciakMunicupal Council, Winter 2018 (TBD) • PCM rneetungs, March 1215, 2019, City of Penticton, BC Public Awareness Campaign- "Stong Cities Strong Province" During the 2018 Provincial Election Campaign, the Cities of NB Association launched a public awareness campaign to highlight some key issues facing NB's cities. The objective of the campaign was not only to educate the public on important municipal issues, but also to urge all provincial parties to commit to reviewing key issues including: 1) The implementation of a fair property tax system 2) A review of the provincial arbitration legislation 3) A review of current impediments on cities from generating non -tax revenue 4) A review of the implementation of a hotel levy 5) A review of the municipal sharing percentage for cannabis revenue. According to the responses to the survey, all parties agreed that our cities have an important role to play when it comes to economic growth, job creation, investments and skilled immigrant attraction. As of November 91", the honourable Blaine Higgs became the new Premier of NB. The Association is encouraged to hear Mr. Higgs speak about the importance of the provinces Cities in leading the way towards growth and prosperity during the campaign, IF YOU HAVE ANY QUESTIONS, CONTACT CNBA AT 506-452-9292 OR inFe.°_ c lt. e IN_I :c rrn.„ 1&61 including addressing several of our priority issues directly by signaling his willingness to work together on reforms. As an Association we have recently also added Immigration as a priority issue to reflect its essential role in helping address the demographic and labour shortage challenge our province faces. The next steps will hopefully include a meeting with the Premier and members of the Cabinet and staff to Arbitration • Primarily Fire and Police • Affordability • The role of the arbitrator • Downloading of cost to tax payers Retrain, Retain • Skilled workers to fill labour and Attract force requirements (Immigration) . Population growth Municipalization • Business development review our priorities. Provincial -Municipal Council 2018 Annual Conference (PMC) On October 27th, 2018 — Mayors, Councillors and City Managers of the 8 Cities of NB met in Miramichi to discuss and develop a strategic plan that is needle to grow our cities and our province and to ensure continued prosperity for all New Brunswickers. The discussions that took place amongst the City leaders was to further develop our proposed solutions to the key challenges facing our cities, and to ensure that citizens and the provincial governments are all aware of the issues facing our cities and the impact our cities have on the future success of our province. Key Issues Facing NB Cities: (examples) Property Tax • Definitions and classifications of buildings • Non -owner occupied • Industrial/commercial (mechanical exemptions) • Provincial retention of property tax revenue • Urban sprawl Municipalization • Municipalities Act limitations (revenue • Non taxation revenue to generation ability) enhance services • Hotel Levy for tourism generation • Cost recovery (case by case basis) • Municipal share of Cannabis revenue The PMC generally meets twice a year in the Spring and Fall. Members of the this Council includes the Minister of ELG, and municipalities represented by the Cities of NB Association, AFM NB and UMNB. In 2018, the PMC met in June and February to discuss the legalization of Cannabis, reporting of municipal election financing, Integrated Bilateral Agreement (Infrastructure). The Cities of NB Association took the opportunity to advocate the 8 Cities position on these issues. The next PMC meeting will be chaired by our new Minister Jeff Carr hopefully in December 2018. Leaders of the three municipal associations will have meetings prior to the next PMC meeting to strategize on common messaging. Federation of Canadian Municipalities (FCM) The Federation of canadian Municipalities represent nearly 2,000 local governments representing 91% of the Canadian population. The 8 Cities president, Adam Lordon, is a member of the FCM Board that meets 4 times a year. FCM has been the national voice of municipal government since 1901. Toda, FCM carries on the tradition of actively advocating to have the needs of IF YOU HAVE ANY QUESTIONS, CONTACT CNBA AT 506-452-9292 OR inFe.°_ c lt. e IN_I :c2rrn.„ K91 municipalities and their citizens reflected in federal Executive Committee 2018 policies and programs. Year after year, FCM's work has benefited each and every municipal government and taxpayer in Canada. https.��fcm:ca ....... FCM Advocay Days 2018 took place during the week of November 20 -23rd in Ottawa. For three full days, we took over Parliament Hill. More than 70 of us came here from communities of all sizes and every region and delivered a message with one strong and united voice, says Vicki -May, president of FCM. Municipal leaders met with 150 MPs, senators and party leaders — including 24 cabinet ministers. As part of these meetings our President, Mayor Adam Lordon, met with several NB MPs and Senators including Minister LeBlanc and our National FCM President where we seemed to make good progress in our efforts to establish an ongoing National - Municipal Forum. The relationship was deepened with decision -makers from every national political party and strong markers were laid for what we expect from Ottawa in the coming weeks and months. Heading into the upcoming federal budgt, we'll keep pushing to build on what's working with new commitments to broadband access, public transit and disaster mitigation. FCM will keep pushing for that bigger conversation about modernizing our federal partnership to get more done for the people we serve. IF YOU HAVE ANY QUESTIONS, CONTACT CNBA AT 506-452-9292 OR inFe.°_ citie IN_I :c2rrn.„ 21 ¢ u�l"lei trttaW ��i�r Ctlsof New Brosick Astjori A—dation1 CRe Flu Nuc" u 5 x swick Message du president: Adam Lordon Comme I'annee tire a sa fin et dans la foulee de notre AGA fructueuse a Miramichi, notre association va commencer I'annee 2019 en mettant ('accent sur nos priorites communes et sur un plan de collaboration avec les autres associations municipales et Ie gouvernement provincial pour apporter des changements de taille dans les domaines strategiques que nous avons identifies. Nous continuerons egalement a travailler ensemble au niveau des maires, des conseils municipaux et du personnel pour elaborer des solutions que nous soumettrons a la table du CPM. Au tours de I'annee, nous avons travaille a susciter une plus grande sensibilisation a nos enjeux. Nous avons « prepare la table » et etabli un dialogue sur les questions dont nous voulons discuter. Avec la mise en place d'un nouveau gouvernement provincial, nous pouvons nous attendre a ce que nos reformes commencent a se concretiser des I'annee prochaine, et ce, pour I'obtention de notre part sur la taxe d'accise sur le cannabis et d'une taxe hoteliere ainsi que pour un examen plus approfondi de notre regime de taxe municipale. III 111 L �L,,y° NIS Merci a chacun d'entre vous pour votre travail acharne et votre engagement vis-a-vis de notre mandat. Joyeux Noel et Joyeuses Fetes a vous et aux votres. Evenements A venir • Conseil municipakprovincW, Hiver 2018 (a clkermuner) • Reunion de la FCM, le 12 au 15 mars 2019, ville de Penticton, CB Campagne de sensibilisation - "Villes Fortes Province Forte" Au tours de la campagne electorale provinciale de 2018, I'Association des cites du N. -B. a lance une campagne de sensibilisation afin de mettre en lumiere certains enjeux cles des cites du N.B. L'objectif de la campagne n'etait pas seulement d'eduquer le public sur des questions municipales importantes, mais egalement de demander a tous les partis provinciaux de s'engager a examiner les principaux enjeux, entre autres : 1) La mise en place d'un regime d'impot foncier equitable 2) L'examen de la loi provinciale relative a I'arbitrage SI VOUS AVEZ DES QUESTIONS, CONTACTEZ ACNB AU 506-452-9292 ou i_nFc�.@_ ciaies.N_I :c .rn... WA 3) L'examen des obstacles qui empechent actuellement les cites de generer des revenus qui ne sont pas tires d'une taxe 4) L'examen de la mise en place d'une taxe hoteliere 5) L'examen du partage d'une partie des revenus du cannabis avec les municipalites Selon les reponses au sondage, tous les partis s'entendent pour dire que nos cites ont un role important a jouer en matiere de croissance economique, de creation d'emplois, d'investissement et d'attraction d'immigrants qualifies Le 9 novembre, I'honorable Blaine Higgs est devenu Ie nouveau premier ministre du Nouveau -Brunswick. L'Association est encouragee d'entendre M. Higgs parler de ('importance des cites de cette province pour ouvrir la voie a la croissance et a la prosperite au cours de la campagne. 11 a notamment aborde plusieurs de nos problemes prioritaires en manifestant sa volonte de travailler ensemble aux reformes. En tant qu'association, nous avons egalement recemment ajoute ('immigration au rang des priorites afin de refleter son role essentiel dans la gestion du defi demographique et de penurie de main -d'oeuvre auquel notre province est confrontee. Les prochaines etapes incluront une reunion avec le premier ministre, les membres du Cabinet et le personnel afin de revoir nos priorites. Conference annuelle 2018 Le 27 octobre 2018 — Les maires, conseillers et directeurs generaux des huit cites du Nouveau - Brunswick se sont reunis aujourd'hui pour explorer et elaborer un plan strategique necessaire a la croissance de nos villes et de notre province ainsi qu'a la prosperite continue de tous les Neo- Brunswickois et Neo-Brunswickoises. Les deliberations tenues a Miramichi par les dirigeants municipaux avaient pour but de continuer a developper les solutions que nous proposons pour surmonter ces obstacles et d'assurer que les citoyens et le gouvernement provincial sont au courant des enjeux auxquels sont confrontees nos cites et de ('incidence de ces dernieres sur le succes futur de notre province. Grands enjeux auxquels sont confrontees les cites du Nouveau -Brunswick : (examples) Taxe fonciere - Definitions et classifications des immeubles - Immeubles non occupes par leur proprietaire - Industriel/commercial (exemptions d'ordre mecanique) - Retention par le gouvernement provincial des revenus tires de I'impot foncier - Etalement urbain Municipalisation - Limitations de la Loi sur les (capacite a municipolites generer des - Revenus d'origine non fiscale revenus) pour ameliorer les services -Taxe hoteliere pour generer du tourisme - Recouvrement des couts (au cas par ca s) - Partage des revenus du cannabis avec les municipalites Arbitrage - Surtout pour les services d'incendie et de police Capacite de payer Role de I'arbitre Transfert des couts aux contribuables Reformer, retenir -Travailleurs qualifies pour et attirer repondre aux besoins en main - (Immigration) d'oeuvre Croissance demographique Developpement des entreprises Conseil Provincial -Municipal (CPM) Le CPM se reunit generalement deux fois par an au printemps et a I'automne. Les membres de ce conseil comprennent le ministre d'EGL, ainsi que les municipalites representees par I'Association des Cites du NB, I'AFMNB et l'UMNB. SI VOUS AVEZ DES QUESTIONS, CONTACTEZ ACNB AU 506-452-9292 ou i_nFc�. _ ci.lies.N_I :c2rrn., W En 2018, Le CPM s'est reuni en juin et en fevrier pour discuter la legalisation du Cannabis, la communication d'informations sur le financement des elections municipales, 1'entente bilaterale integree (Infrastructure). L'Association des cites du N. -B. a profite de I'occasion pour defendre la position des 8 cites sur ces questions. La prochaine reunion du CPM sera presidee par notre nouveau ministre, Jeff Carr, en decembre 2018. Les dirigeants des trois associations municipales se reuniront avant la prochaine reunion du CPM afin d'elaborer une strategie concernant les messages communs. Federation Canadienne des Municipalites (FCM) La Federation Canadienne des Municipalites represente pres de 2 000 gouvernements locaux representant 91 % de la population canadienne. Le president des huit cites, Adam Lordon, est membre du conseil d'administration de la FCM, qui se reunit quatre fois par an. La FCM est la voix nationale des gouvernements municipaux depuis 1901. Aujourd'hui, la FCM poursuit la tradition en intervenant vigoureusement pour que les politiques et les programmes federaux correspondent aux besoins des municipalites et de leur population. Annee apres annee, tous les gouvernements municipaux et contribuables du Canada profitent des retombees du travail de la FCM. h tips _//fcm _ca Les journees de representation des interets 2018 se sont deroulees dans la semaine du 20 au 23 novembre a Ottawa. Pendant trois jours entiers, nous avons envahi la Colline du Parlement. Vicki - May, presidente de la FCM, a declare que nous etions plus de 70 representants municipaux, et meme si nos municipalites sont de toutes les tailles et de toutes les regions, nous avons su porter notre message d'une seule et puissante voix. Les dirigeants municipaux ont rencontre 150 deputes, senateurs et chefs de parti, comprenant 24 ministres et secretaires parlementaires. Dans le cadre de ces reunions, notre president, le maire Adam Lordon, a rencontre plusieurs deputes et senateurs du N. -B., dont le ministre LeBlanc et notre presidente de la FCM, ou nous semblions avoir bien progresse dans nos efforts pour etablir un forum national -municipal permanent. La relation a ete renforcee avec les decideurs de tous les partis politiques federaux et egalement le terrain est bien prepare pour faire comprendre ce que nous attendons des elus federaux au cours des semaines et des mois a venir. Pendant la periode qui precede le prochain budget federal, nous martelerons que le gouvernement doit miser sur ce qui donne de bons resultats en prenant de nouveaux engagements pour I'acces aux services a large bande, les transports collectifs et I'attenuation des catastrophes. De plus, nous ne manquerons aucune occasion de Ie presser d'amorcer la grande discussion que nous souhaitons sur la modernisation du partenariat federal -municipal, en precisant bien que celui-ci est essentiel pour mieux repondre aux attentes de nos citoyens. Comite Executif 2018 SI VOUS AVEZ DES QUESTIONS, CONTACTEZ ACNB AU 506-452-9292 ou i_nFc�. _ ci.lies.N_I :c2rrn... ME November 30, 2018 2 King Street Saint John, NB E2L 1G2 NOV 2018' City of Saint John 15 Market Square Saint John, NB E2L 41_1 Dear Mayor, Councillors, and Staff of The City of Saint John: The City street lights on King Street, Prince William Street and directly in front of City Hall operate on an "always on" basis. They have been constantly kept on since at least November 19, 2018, when I first noticed them. Please, turn the street lights off during the brightness that the day brings. It is unnecessary and wasteful from a cost and energy perspective to operate City street lights during the day. One of Council's priorities for 2016-2020 is to be "Fiscally Responsible."' Granted, the non -operation of city -run lights during the day will achieve minimal savings. However, there are cost savings to be realized. I would think these cost savings would be quite easy to achieve, possibly at the flip of a switch. Also, the City should demonstrate strong environmental stewardship. Turning off lights when they are not needed would achieve this. Lastly, there are the optics involved. Saint John's fiscal situation is well known. It simply doesn't "look good" being wasteful on one hand, while trying to achieve cost savings and making cuts on the other. Saint John is a beautiful city and prospects for growth remain strong. Please, demonstrate a commitment to fiscal discipline and environmental stewardship by turning off city -run street lights during daylight hours. Saint John, I thank you very much. Yours Sincerely, Korey Nixon (506) 639-4370 J korey.nixon@gmail.com 1 http://www.saintjohn.ca/site%media/SaintJohn/Updated%20Common%20Council%20Priorites%202016- 2020%20English.pdf OR H.M.C.S. Brunswicker 160 Chesley Drive, Saint John, NB E2K 5L6 December 7, 2018 Mr. Jonathan Taylor Common Clerk P.O. Box 1971 Saint John, NB E2L 41_1 Dear Sir, On behalf of HMCS Brunswicker, I am writing to request the opportunity to make a presentation to the Mayor and members of the Common Council at one of their public meetings in January. Our intention is to brief Council about a proposed project to initiate a " Battle of the Atlantic Saint John Memorial' on a small City -owned patch of land along Harbour Passage (near the site of Fort LaTour) and to request a license for the use of the land. 2019 marks the 80th anniversary of the start of the Battle of the Atlantic, the longest continuous military campaign in the Second World War, and a major part of the Naval history of the War. Over 4,300 Canadians (sailors, merchant mariners, and aviators) made the ultimate sacrifice. The Royal United Services Institute of New Brunswick (based in Saint John) have agreed, in principle, to be a partner in this project pertaining to the Memorial's fundraising campaign. Our goal is to hold a sod -turning ceremony at the site on or before "Battle of the Atlantic Sun- day" on May 5, 2019, and to kick-off the fundraising campaign for this important Saint John Memorial. We look forward to receiving confirmation of a date for our presentation to Common Council in January 2019. Yours truly, Hon. oel A. Kinsella, P.C. Honorary Captain - HMCS Brunswicker 20 Shoreline Drive Saint John, NB E2H 0132 (506) 693-4959ins II stu®ca 41.1 COUNCIL REPORT M&C No. 2018-358 Report Date December 11, 2018 Meeting Date December 17, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Acting City Manager OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager J. Taylor Neil Jacobsen RECOMMENDATION That in the absence of the City Manager, appointment to the position of Acting City Manager is hereby made of Michael Hugenholtz, in addition to the existing list of potential appointees, namely Neil Jacobsen, Brent McGovern, Jacqueline Hamilton and Kevin Fudge, in accordance with their respective availability and the matters anticipated to require attention in the City Manager's absence, with the City Manager to administer the arrangement. EXECUTIVE SUMMARY N/A PREVIOUS RESOLUTION Council resolution of December 21, 2015: Neil Jacobsen, Jacqueline Hamilton, and Kevin Fudge were appointed to the position of Acting City Manager Council resolution of December 7, 2017: Brent McGovern was appointed to the position of Acting City Manager REPORT When the City Manager is absent from the office it is necessary to have an Acting City Manager in place. Council has previously appointed Neil Jacobsen, Jacqueline Hamilton, Kevin Fudge and Brent McGovern to the position of Acting WA -2 - City Manager. It is recommended that Council also appoint Commissioner Hugenholtz as Acting City Manager to provide a full complement of senior city staff available to act in the role of City Manager when necessary. The City Manager will be responsible for administering the arrangement based on senior staff availability and the matters anticipated to require attention. K-11 COUNCIL REPORT M&C No. 2018-352 Report Date December 07, 2018 Meeting Date December 17, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 3700 King William Road, 1350 Hickey Road and 93 Loch Lomond Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Neil Jacobsen RECOMMENDATION That Common Council schedule the public hearing for the rezoning and Section 59 Amendment applications of F. Andrew Simpson Contracting Ltd. (3700 King William Road), Residential Contractors on behalf of 616813 N.B. Limited (1350 Hickey Road), and Brenda Defazio (93 Loch Lomond Road) for Monday January 28, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday January 28, 2019. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. Wel -2 - REPORT As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 59 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation at the public hearings. The following applications have been received: Name of Location Existing Proposed Reason Applicant Zone Zone F. Andrew 3700 King Medium Pit and Quarry To allow for Simpson William Road Industrial (IM) (PQ) aggregate extraction Contracting Ltd. on the property. Residential 1350 Hickey General Section 59 To construct a new Contractors on Road Commercial Amendment commercial building behalf of 616813 (CG) as part of a N.B. Limited redevelopment of the site. Brenda Defazio 93 Loch Lomond General Section 59 To amend the Road Commercial Amendment existing Section 59 (CG) conditions that restrict the use of the property to allow for a personal service STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. 091 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None 31 COUNCIL REPORT M&C No. M&C 2018-356 Report Date December 11, 2018 Meeting Date December 17, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Municipal approval for Winter Love SJ Special Event License OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Sue Colwell Tim O'Reilly /Michael Hugenholtz Neil Jacobsen RECOMMENDATION City Staff recommends the following: • RESOLVED that the City shall grant municipal approval for Winter Love SJ to seek a Provincial Special Event License for an event as described in the Submission to Council as attached to M&C 2018-356. PREVIOUS RESOLUTION At its December 3, 2018 meeting, Common Council referred the attached Submission to Council to City staff for a report in addition to accepting the organizers' request to present to Council. REPORT The proposed Winter Love SJ event is described in the attached Submission to Council. The coordinators of this event would like to serve alcohol as part of their event and therefore require municipal approval to obtain the associated permit from the Province of New Brunswick. The coordinators will also need to obtain a Street Closure permit through the Saint John Police Force as the event is planned for Water Street. Requirements for obtaining Street Closure permits and Special Events licenses require criteria that meet, and in some cases, exceed the city's regular public WA -2 - safety standards regarding special events. City staff will follow up with the coordinators to ensure safety, zoning, and insurance criteria are met. City staff are confident that, with the associated requirements that come with both permits, risks to the public will be appropriately managed. STRATEGIC ALIGNMENT This report aligns with Council's priorities related to supporting a vibrant city, by investing in arts, culture and recreation experiences that create a sense of community pride. SERVICE AND FINANCIAL OUTCOMES This event will allow local businesses and organizations an opportunity to participate in the events and provide sponsorship. City service requirements to sustain this event are low and supplied through regular operations. No in-kind support has been requested at this time. Winter Love SJ has received a quote from SJPD to purchase police presence which will be mandatory in obtaining the Street Closure permit through SJPD. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS • City staff consulted with the event organizers. They confirmed further details of their event. They agreed with the approach of City staff submitting this report so they can apply for their Provincial license (with the required municipal approval) as soon as possible. The organizers still intend to present directly to Council in early 2019. • An application for Street Closure has been submitted to SJPD and is currently pending. SJPD has provided a quote for police presence at this event which will be mandatory in obtaining the Street Closure permit. • Although Uptown SJ is not affiliated with this event, they have confirmed there are no conflicts with Winter Love SJ's dates or program. ATTACHMENTS Organizers' Submission to Council on December 3, 2018 Council agenda 091 SUBMISSION TO COUNCIL FORM the City of Saint gnhn INSTRUCTIONS • All submissions (letters, petitions, etc.) must be submitted by no later than 4 p.m. on the Wednesday prior to the Council meeting. • Submissions must not contain defamatory or offensive language • Submissions must include the name and mailing address or the telephone number of the author Submissions to Council are to be submitted using this form and any other attachments can be added to this form. After the Council meeting in which your submission appears, you will receive a letter from the office of the Common Clerk informing you of Council's decision. This form can be filled out electronically and then emailed to the Common Clerk's office at commonclerk@saintiohn.ca , or it can be printed out and mailed or hand delivered to the following: Mailing Address: Office of the Common Clerk City Hall Building PO Box 1971 Saint John, NB E21-41-1 Street Address: Office of the Common Clerk City Hall Building 8t" Floor —15 Market Square Saint John, NB E21- 1E8 ABOUT YOUR PERSONAL INFORMATION Personal information and opinions in communications shall become part of the public record, unless the author of the communication requests the removal of his personal information when submitting it, or the Clerk determines that the release of the personal information contravenes the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6, and amendments thereto. If you have any further questions please call us at 658-2862 SUBMISSION TO COUNCIL FORM the City of Saint gahn ABOUT PERSON/GROUP First Name: Lily Last Name: Lynch Name of Organization/Group (where applicable): Winter Love SJ Mailing Address: 36 Water Street City or Town: Saint John Province: New Brunswick Postal Code: E21- 5$2 Day Time Phone Number: 506 233 2070Email: winterlovesaintjohn@gmail.com ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR SUBMISSION Topic of Submission: Winter Love SJ —Approval by Council for Road Closure with combined Special Events Licensing on Saturday, February 9, 2019 (all day event) Purpose for Submission (what is the ask of Council): To facilitate our first annual Winter Love SJ, we are asking Council for their approval for a road closure with liquor licensing for the section of Water Street between King Street and Princess Street. The road closure will enable us to create an atmosphere where the public can participate in the full scope of the festical as listed below. We are in the phases of executing on our plans and have all required forms ready to execute and send however we wanted to bring this forward to Council first. We have already initiated contact with our insurance provider, the Fire Marshal regarding their requirements, the Saint John City Police with regards to our Street Closure application and the Licensing Officer for our Special Events Licensing. We will be submitting these applications once we receive approval by Council. Executive Summary: The mission of Winter Love SJ is to foster a love of winter in the hearts of Saint Johners through bringing community together during a time which can often be isolating and lacking in activities. Our event intends to create an environment for Saint Johners to reconnect in the SUBMISSION TO COUNCIL FORM the City of Saint gahn dead of winter and positively impact wellbeing. To acheive our mission Winter Love SJ is hosting Saint John's first annual snOlympics, a retro snowsuit contest, live music truck, "snow-ga" and an awards event. Sankara's cultural street - food vendors will be on site along with a b(ee)rrrrr garden, roasting Iamb spit (led by a Syrian Chef of Sankara), cozy bonfires, and support from the BunkHaus Hostel + Cafe. The snOlymplics will be sponsored by local businesses, agencies and organizations. We are aiming for 500 attendees in 2019 but hope to grow in years to come. Winterl-ove SJ will add one more reason for suburbanites to consider moving and spending tine in the Uptown core which will only benefit all efforts in creating a vibrant and attractive city for locals and newcomers alike — and through all seasons. Just as Moonlight Bazaar brings community together in the summer, Winter Love SJ will bring us together on February 9t", 2019 on Water Street. We will bring our site plan to the presentation. YOUR SIGNATURE Signature: Lily Lynch Date: 2018-11-29 COUNCIL REPORT M&C No. M&C 2018-357 Report Date December 11, 2018 Meeting Date December 17, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019 Community Grants Selection OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Brad Adams Tim O'Reilly/Michael Hugenholtz Neil Jacobsen RECOMMENDATIONS City Staff recommends the following for disbursement of 2019 Community Grants funding: 1) Execution of the Community Grants process as outlined in the Municipal Grants Program Manual as adopted in 2015, and 2) Allow the Community Grants Committee to recommend to Council if none or some funding should be withheld for a second consideration of Special Events applications as per the Manual as described in M&C 2018- 357. EXECUTIVE SUMMARY In light the Community Grants Program budget, City Staff believe that program management should continue as defined in the Municipal Grants Program Manual and awarded based off of the recommendations of the Community Grants Committee by way of Councils approval. PREVIOUS RESOLUTION See the attached letter penned to Council and reviewed on May 22nd, 2018 during Open Session. REPORT It is the intention of City Staff to facilitate the awarding of Community Grants funding by way of the Community Grants Committee in January, 2019. Each year, Kul the Committee receives many more applications than funding allows. In 2018 for example, over $600,000 in applications were received for $179,721 in funding. The Committee plays a vital role in selecting and awarding funds based on the defined process outlined in the Municipal Grants Program Manual. The Community Grants Committee wishes to thank Common Council and City Departments for continued support including the referral of requests for their review as has been the case through 2018. Community Grants are awarded in three categories; Operational Funding, Community Projects, and Special Events. These categories are described in the attached documentation. The Community Grants budget was, at the time the Manual was developed, envisioned being over $400,000. The proposed amount for 2019 is $179,721. Some of this original budget was directed to the multi-year Neighbourhood Service Agreements. Given the proposed amount for 2019 and the historic higher value of requested funding compared to budget, it is recommended by City Staff that the Committee distribute funding in early 2019 without withholding a defined reserve amount. If thorough review of all applications yields a remaining amount of funds, those remaining funds will be recommended by the Committee to be withheld for a second application window for the consideration of Special Events applications. This approach ensures the City does not risk overlooking strong applications that were submitted within the defined guidelines during the first application window. Ultimately, Council will have the opportunity to approve the Committee's recommendations. Staff would like to review the Community Grants process given the changes to the funding model once the City can consider long term financial sustainability solutions. Until such time, City staff recommends adherence to the 2015 Policy. STRATEGIC ALIGNMENT The City's Community Grants Program aligns with Council's priorities of: • investing in arts, culture and recreation that create a sense of community pride, and • exploring service improvements through developing partnerships with other organizations. The Community Grants Program also aligns with PlaySJ's mandate of developing partnerships in the community management of the City's parks and recreation services and infrastructure. 011 -3 - SERVICE AND FINANCIAL OUTCOMES The draft 2019 General Funding Operating Budget includes a $179,721 Community Grants Budget. The 2019 Operating Budget has not yet been approved by Council INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Community Grants will be awarded after considerations from the Community Grants Committee in early 2019. ATTACHMENTS Appendix A - Letter reviewed in open council on May 22nd, 2018 Appendix B — Community Grants Application Criteria Received Date May 15, 2018 Meeting Date May 22, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Community Grants Committee Background: A few years ago Council established the Community Grants Committee. Members of the public and two elected members sit on this committee. From our budget a certain amount of money is given to this line item. As requests for funding come to the city through our budget process, and also throughout the year, these requests should be referred by Council in Open Session to the Community Grants Committee. Two years ago the committee discussed at a meeting held in late January that they would not allocate all the funding at once and then they could meet again throughout the year and review any requests that might come in at a later time. This was not accepted well by Council. Council at the time thought that all, the monies should be given out at the first of the year. So when this was discussed at the first meeting of the Community Grants Committee this year, it was decided to allocate the entire amount of funding given to the committee all at once. If we changed our view on that issue and agreed that the Community Grants Committee should hold some of the funding back so that they could have a mid -year committee meeting or have a later committee meeting in the year and review additional requests for funding then we could refer late funding requests coming to Council to the Community Grants Committee and not have monies taken from the Council budget or as some, still think, the City Manager's budget„ I say that as the City Manager doesn't have monies in his budget for this item or at least not that I know of, I also think that all Departments should refer all requests for funding through the Community Grants Committee and that to me would include the Parks Department as I believe that they receive a number of requests„ I think that to be fair and accountable to all the public we should refer all requests for monies to the one committee and that is what we wanted to do in the beginning, its just that we are not always following that direction. For example; at our last Council meeting we gave $2,000,00 for the support of mental health and $1000.00 to BCAP1 (both very worthwhile causes) and both these amounts were taken from our Council budget and to me that is not the way it should be managed.. 0 _ _ --- ____ _11-1 --- -11-11 --- 11--.1--11111111111- SAINT JOHN PO. Box 1971 Saint john, NB Canada E2L 4Lt � w*wv.saingohn.ca I C P 1971 Saint John, N �B, Canada E21L 40 37460 So I know it is almost mid -year and the Community Grants Committee doesn't have any funding left but I still think we could start now and refer requests to them. If we are agreeable on how this should be done then maybe the Commissioner of Finance could suggest where a few dollars could be moved from another source to the Community Grants Committee, if that can not happen, then I would like for us to have this as a policy so that when we do our budget for 2019 that we follow this procedure. Motion: That this issue be referred to the City Manager to re -visit our policy for our Community Grants Committee and have all requests for funding of grants referred to that committee. Respectfully Submitted, (Received via email) Shirley McAlary Deputy Mayor City of Saint John M, y SAINT JOHN PO. Box 1971 Saint John, NB Canada E2L 40 . inyohn.ca � C.P.1971 Saint john, N, -B. Canada E2L 40 mom. 3747 The Operational Funding Grant assists with the Eligible funds: up to $60,000* general administrative expenses of an organization Eli ible fundin activities under Or anizational Supports the City of Saint John in its ongoing pursuit to be a community of choice and promote economic health to residents and visitors. Enhances the ability of organizations that deliver important social, wellness and quality of life support to the residents of the City of Saint John. Encourages innovation, sustainability and cooperation through the various organizations within the City of Saint John. Upholds and advances the terms of Council Priorities, Plan SJ and/or Play SJ. Z, g g Support includes: rent, utilities, human resources, office supplies, essential travel, fundraising activities and information technology upgrades. The following are ineligible for grant funds: Individuals or corporations seeking funding. Lobbying of federal, provincial and municipal governments. Activities or initiatives outside of the City of Saint John. Expenditures that occurred prior to the application. Funding of deficits or debts. Free or discounted tickets to an event. Fellowships, scholarships or bursaries. Applications must include: detailed annual budget with line item expenditures and sources of revenue financial statement organization's strategic or business/development plan The Community Grants Evaluation Committee will assess applications according to a pre- established evaluation matrix, which will score the application on a variety of variables, including, but not limited to: Innovation. Likelihood of accomplishing stated outcomes. Link to Council Priorities. Long-term benefits/impacts. Level of community support. Ability to generate cooperation between citizens and other organizations. Ability to acquire other sources of funding/in- kind support. Sustainability of business plan or development plan. The Community Project Grant is designed to Eligible funds: up to $20,000* Applications must demonstrate: distribute seed funding for the start-up of projects, and/or funds for a short-term undertaking with a clear start and completion The followingare ineligible for rant funds: g Fundraising and community partnership. date. The number of residents/visitors impacted by Individuals or corporations seeking funding. the project. Support the City of Saint John in its ongoing Lobbying of federal, provincial and municipal How the Community Project responds to pursuit to be a community of choice for governments. interest from the broader community. residents and visitors. Activities or initiatives outside of the City of Specific outcomes to be achieved. Enhance the ability of organizations that Saint John. Projected budget including sources and use of deliver important social, wellness and quality Expenditures that occurred prior to the funds/in-kind support. of life support to the residents of the City of application. Timelines for implementation of the project. Saint John. Fundingof deficits or debts. The Community Grants Evaluation Committee Encourage innovation, sustainability and Free or discounted tickets to an event. will assess applications according to a pre - cooperation in the delivery of Community Fundraising events. established evaluation matrix, which will score Projects in the City of Saint John. Fellowships, scholarships or bursaries. the application on a variety of variables, Uphold and advance the terms of Council Conferences or professional development. including, but not limited to: Priorities, Plan SJ and/or Play SJ. :1P The Special Events Grant is designed to support events that are of cultural, sport, social or recreational significance to the Saint John community. Support the City of Saint John in its ongoing pursuit to be a community of choice for residents and visitors. To support events that result in important cultural, environmental, heritage, sport, recreational, educational and financial returns for the City of Saint John. Eligible funds: up to $20,000* The following are ineligible for grant funds: Individuals or corporations seeking funding Innovation. Likelihood of accomplishing stated outcomes. Link to Council Priorities. Long-term benefits/impacts. Level of community support. Ability to generate cooperation between citizens and other organizations. Ability to acquire other sources of funding/in- kind support. Sustainability of business plan or development plan. Applications must demonstrate: Event identifies a community need or priority The number of residents/visitors impacted by the event. Lobbying of federal, provincial and municipal Event supported by community partners, governments. sponsors and stakeholders. Activities or initiatives outside of the City of Specific outcomes to be achieved. Saint John. Projected budget including sources and use of Expenditures that occurred prior to the funds/in-kind support. application. To encourage innovation, sustainability and Funding of deficits or debts cooperation in the delivery of Special Events in Free or discounted tickets to an event the City of Saint John. Fundraising events Uphold and advance the terms of Council Fellowships, scholarships or bursaries. Priorities, Plan SJ and/or Play SJ. Conferences or professional development. The Community Grants Evaluation Committee will assess applications according to a pre- established evaluation matrix, which will score the application on a variety of variables, including, but not limited to: Innovation. Likelihood of accomplishing stated outcomes. Link to Council Priorities. Long-term benefits/impacts. Level of community support. Ability to generate cooperation between citizens and other organizations. Ability to acquire other sources of funding/in- kind support. Sustainability of business plan or development plan (for repeated/annual event) COUNCIL REPORT M&C No. 2018. 28 Report Date December 07, 2018 Meeting Date December 17, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Local Government Services Easements —147 Lansdowne Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jody Kliffer /Mark Reade Jacqueline Hamilton Neil Jacobsen RECOMMENDATION That Common Council assent to the submitted subdivision plan entitled "Subdivision Plan — Plazacorp Property Holdings Inc. Subdivision", located at 147 Lansdowne Avenue (PID 00370973), with respect to the vesting of the proposed Local Government Services Easements. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's assent to Local Government Services Easements to protect existing City piped infrastructure. PREVIOUS RESOLUTION On May 1, 2017 Common Council authorized the acceptance of money -in -lieu of the required land for public purposes (LPP) for the subdivision of the subject parcel. STRATEGIC ALIGNMENT It is in the interest of The City of Saint John to obtain easements for the protection and maintenance of municipal services. REPORT The applicant is seeking to subdivide an existing lot at 147 Lansdowne Avenue (PID 00370973) to create a commercial lot fronting on Lansdowne Avenue which !ElI -2 - would include the building containing the existing Subway restaurant. The creation of the proposed lot requires the establishment of Local Government Services Easements to accommodate existing City services. Assent from Common Council for the acceptance of the Local Government Services Easements is required pursuant to Section 88(7) (a) of the Community Planning Act. The proposed easements over Lot 2018-1 would protect existing municipal piped infrastructure (combined sanitary and storm sewer). The location and width of the easements has been confirmed by staff as sufficient to accommodate the existing underground infrastructure. The purpose of this report is to recommend the necessary formal acceptance of the easement by resolution of Common Council. The accompanying easement document is being prepared by the City Solicitor's Office for execution by the City and the Developer. Often the vesting of Local Government Services Easements is considered by Council in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision and development applications where additional approvals are required. However, in this case there are no other approvals that require the consideration of the Committee, and the Community Planning Act does not require the Committee's involvement when only dealing with easements. The vesting of the proposed easements is supported by staff. Therefore Council's assent to the attached subdivision plan with respect to the proposed Local Government Services Easement is recommended. SERVICE AND FINANCIAL OUTCOMES Not Applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Infrastructure Development, Saint John Water, the City Solicitor's Office and Real Estate Services have reviewed this report and the proposed Local Government Services Easements. ATTACHMENTS Subdivision Plan — Plazacorp Property Holdings Inc. Subdivision Lot 2018 !1'7 ro 00 I\ N.B. Grid Co-ordinate Values (Adj) Point Easting Northing Remarks 21 2533033.856 7364281.099 CALC 22 2533045.208 7364300.304 PK Nail Set 23 2533066.881 7364287.456 PK Nail Set 24 2533092.920 7364292.469 PK Nail Set 47 2533074.019 7364403.035 PK Nail Fd. 48 2533077.229 7364417.727 SMF(NBLS #352) 49 2533212.626 7364406.756 PK Nail Set 63 2533077.520 7364289.505 CALC 70 2533064.936 7364421.846 PK Nail Set 71 2533147.148 7364403.337 IBF 76 2533065.129 7364420.396 PK Nail Set 400 2533215.916 7364342.442 PK Nail Set 401 2533155.031 7364339.360 PK Nail Set 402 2533157.642 7364287.596 PK Nail Set 511 2533095.619 7364417.037 MH 545 2533129.573 7364313.354 CB 546 2533127.762 7364341.986 CB 1242 2533094.801 7364287.997 SMH 1349 2533214.428 7364398.928 SSMH 1351 2533180.730 7364397.438 SSMH 1352 2533125.463 7364407.639 SSMH 8671 2533080.984 7364415.560 SSMH 15023 2533069.955 7364399.801 SSMH 1959 2533580.919 7364165.272 NBCM (Adj) 3863 2533373.789 7364439.768 NBCM (Adj) 3867 2532919.018 7364556.264 NBCM (Adj) Scale Factor = 1.000013 APPROVALS/REGISTRATION: TITLE DATA: PID 370973 Owner: Plazacorp Property Holdings Inc. Document: 33053159 Registered: 2013-08-29 SIGNATURE OF OWNER: ....................................................................................... James M. Petrie Executive Vice -President for Plazacorp Property Holdings Inc. PI aZacorP pr'Porm - t/y �t g HO/dings iubctoSeors StPD 22468c._ eet _ _ Plazacorp Property Holdings Inc Remnant of PID 370973 See Plan File 27, No. 92 e Surveyor's Real Property Report prepared Kierstead Quigley and Roberts Ltd. dated March 28, 2000 (Dwg. No. D-116) Leased Properties Li PID 371591 t "C", See Plan File 50, No. See Plan of Survey dated January 13, 1986 prepared by Murdoch-Lingley Ltd. 20.12...... o 1 m N. ��e moco o cPA�`PFI, �sf �qL' o n a Z o F a O 9 r a aD no F UST. MJF rue SAR a ARE s� rue BRYDEN ST. 5` 0 rue NEWMAN ST. 2P� ¢ PVp ��❑ o a m ETCN� ST. rue METCA (F �P\N St � N' u� 5 MA\N ST. � ❑ � � rJe R4 rue rue MAIN rJe Key Plan Scale = 1:15,000 LEGEND•. SMF - Standard survey marker found SMS - Standard survey marker set RIBF - Round iron bar found 0 MH - Manhole 0 SMH - Sewer manhole O CALC - Calculated point 0 NBCM - N.B. Co-ordinate Monument ® PK Nail Set ® PK Nail Found Local Government Services Easement Centreline / Sewer Line PID - Parcel identifier number Adj - Adjusted network goo - Tabulated co-ordinate reference A.N.B.L.S. - Association of N.B. Land Surveyors ss SSMH - Sanitary sewer manhole ®CB - Catchbasin NOTES: 1. Azimuths and Co-ordinate values refer to the NEW BRUNSWICK GRID CO-ORDINATE SYSTEM (Adjusted Network) and were derived from the tabulated New Brunswick Co-ordinate Monuments. Computations performed and co-ordinate values shown are based on the New Brunswick Stereographic Double Projection and the NAD83 (CSRS) ellipsoid. 2. Azimuths are rounded to the nearest 10 seconds. 3. Distances are in METRES and are rounded to the nearest CENTIMETRE. 4. Lands dealt with by this plan are bounded thus r �•••�•••� 5. Peripheral information and adjacent names were derived from various sources and should be verified. 6. All plans and documents referenced are recorded in the Saint John County Registry Office or in the Land Titles Office for the District of New Brunswick. 7. Field survey was completed October 1, 2018. 8. Local Government Services Easement This easement vests in the City of Saint John pursuant to Section 88(7)(a) of the Community Planning Act, Chapter 19 and Regulation 84-217. PURPOSE OF PLAN: ♦ To create Lot 2018-1. ♦ To create Local Government Services Easements as shown. Subdivision Plan Plazacorp Property Holdings Inc. Subdivision Lansdowne Avenue City of Saint John Saint John County, N.B. 0 5 10 15 20 25 metres 50 Scale = 1:500 r 1 KIERSTEAD QUIGLEY L J and ROBERTS Ltd. Saint John, New Brunswick I hereby certify that this plan has been prepared by me, to the best of my knowledge, in accordance with the requirements of the Community Planning Act, the Surveys Act and the regulations made thereunder. Dated: November 5, 2018 Steven R. Saunders, NBLS #352 Job No. 16-0089 Dwg. No. 3783 INO 00 IM\ ' - J N.B. Grid Co-ordinate Values (Adj) Point Easting Northing Remarks 21 2533033.856 7364281.099 CALC 22 2533045.208 7364300.304 PK Nail Set 23 2533066.881 7364287.456 PK Nail Set 24 2533092.920 7364292.469 PK Nail Set 47 2533074.019 7364403.035 PK Nail Fd. 48 2533077.229 7364417.727 SMF(NBLS #352) 49 2533212.626 7364406.756 PK Nail Set 63 2533077.520 7364289.505 CALC 70 2533064.936 7364421.846 PK Nail Set 71 2533147.148 7364403.337 IBF 76 2533065.129 7364420.396 PK Nail Set 400 2533215.916 7364342.442 PK Nail Set 401 2533155.031 7364339.360 PK Nail Set 402 2533157.642 7364287.596 PK Nail Set 511 2533095.619 7364417.037 MH 545 2533129.573 7364313.354 CB 546 2533127.762 7364341.986 CB 1242 2533094.801 7364287.997 SMH 1349 2533214.428 7364398.928 SSMH 1351 2533180.730 7364397.438 SSMH 1352 2533125.463 7364407.639 SSMH 8671 2533080.984 7364415.560 SSMH 15023 2533069.955 7364399.801 SSMH 1959 2533580.919 7364165.272 NBCM (Adj) 3863 2533373.789 7364439.768 NBCM (Adj) 3867 2532919.018 7364556.264 NBCM (Adj) Scale Factor = 1.000013 APPROVALS/REGISTRATION: TITLE DATA: PID 370973 Owner: Plazacorp Property Holdings Inc. Document: 33053159 Registered: 2013-08-29 SIGNATURE OF OWNER: ....................................................................................... James M. Petrie Executive Vice -President for Plazacorp Property Holdings Inc. o m C a7./ p U 9L r n O V o s ��Fs rue ISART ST � ARE sf rue BRYDEN ST. 0 5` rue NEWMAN ST. El a s m� 0 c > r ME10 ST. rue k4 CALF �pN St ue� M,p\N 5,1 � ❑ � � Ne�D �. 5 rue Je Q Key Pion Scale = 1:15,000 LEGEND: * SMF - Standard survey marker found (o SMS - Standard survey marker set RIBF - Round iron bar found 0 MH - Manhole 0 SMH - Sewer manhole O CALC - Calculated point 0 NBCM - N.B. Co-ordinate Monument ® PK Nail Set ® PK Nail Found Local Government Services Easement Centreline / Sewer Line PID - Parcel identifier number Adj - Adjusted network @o__ Tabulated co-ordinate reference A.N.B.L.S. - Association of N.B. Land Surveyors ss SSMH - Sanitary sewer manhole ® CB - Catchbasin NOTES: 1. Azimuths and Co-ordinate values refer to the NEW BRUNSWICK GRID CO-ORDINATE SYSTEM (Adjusted Network) and were derived from the tabulated New Brunswick Co-ordinate Monuments. Computations performed and co-ordinate values shown are based on the New Brunswick Stereographic Double Projection and the NAD83 (CSRS) ellipsoid. 2. Azimuths are rounded to the nearest 10 seconds. 3. Distances are in METRES and are rounded to the nearest CENTIMETRE. 4. Lands dealt with by this plan are bounded thus or �•••�•••� 5. Peripheral information and adjacent names were derived from various sources and should be verified. 6. All plans and documents referenced are recorded in the Saint John County Registry Office or in the Land Titles Office for the District of New Brunswick. 7. Field survey was completed October 1, 2018. 8. Local Government Services Easement This easement vests in the City of Saint John pursuant to Section 88(7)(a) of the Community Planning Act, Chapter 19 and Regulation 84-217. PURPOSE OF PLAN: ♦ To create Lot 2018-1. To create Local Government Services Easements as shown. Subdivision Plan Plazacorp Property Holdings Inc. Subdivision Lansdowne Avenue City of Saint John Saint John County, N.B. 0 5 10 15 20 25 metres 50 Scale = 1:500 r 7 KIERSTEAD QUIGLEY L J and ROBERTS Ltd. Saint John, New Brunswick I hereby certify that this plan has been prepared by me, to the best of my knowledge, in accordance with the requirements of the Community Planning Act, the Surveys Act and the regulations made thereunder. Dated: November 5, 2018 Steven R. Saunders, NBLS #352 Job No. 16-0089 Dwg. No. 3783 COUNCIL REPORT M&C No. 2018-351 Report Date December 07, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Printing Service Agreement with Saint John Energy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Cathy Graham Kevin Fudge Neil Jacobsen RECOMMENDATION It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy for the printing and mailing of the Saint John Water bills and payroll T4s, T4As and the Pension Pay Advices for a four year term from 2019-2022 at the costs provided in the attached report and agreement and that the Mayor and Common Clerk be authorized to sign the attached agreement. EXECUTIVE SUMMARY The City has been using the services of Saint John Energy for printing and mailing services for the Water and Sewerage bills and payroll information since 2003. The current contract expired in 2018. Saint John Energy has provided quality services at a very good pricing. The new proposal is providing the service for 2019 at a cost less than what was charged in the last year of the previous contract. Saint John Energy has the equipment and resources available to provide this service and can do so in such a way as to reduce the normal mailing price associated with the mailing of this information by the City saving additional costs. PREVIOUS RESOLUTION M&C 2014-74 - It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy and the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint John Water billings and employee T4's, as well as the printing of weekly employee and retiree's pay advices. !E:3 -2 - REPORT Saint John Energy has been providing the printing and mailing services since 2003. The partnership between Saint John Energy and the City continues to work well and the service is high quality and cost effective. Saint John Energy has the necessary equipment and resources to provide this service to the City as they bill their customers for energy on a monthly basis. The City has been very satisfied with the services received under this partnership. Below are the costs provided for under this agreement for the next four years: The costs provided are equal or much lower than what was provided in the last year of the previous agreement. For example the pay advices were printed at a cost of 2.82 cents per unit in 2018 compared to the cost in the new agreement of 1.65 cents per unit in 2019 and will not be at the 2018 cost for the life of this agreement. The printing of Saint John Water bills has decreased form 2.47 cents per unit in 2018 to 2.37 cents per unit in 2019 and does not get back to the 2018 rate until 2021. The costs of this service has decreased by approximately $5,400 over the four yearterm. Saint John Energy has made advancements with the equipment and processes that benefit the City by allowing them to provide this service at a lower cost. It also helps to offset some of the equipment costs incurred by Saint John Energy. This is relationship is a benefit to both entities. !Loll Year Year Year Year Water and Sewerage Invoices Canada Post - high density presort Incentive LettermailTM - rate per unit (subject to change without notice) $0.78 $0.78 $0.78 $0.78 Service Fee per unit $0.237 $0.242 $0.247 $0.252 Set-up Fee (if current format significantly altered) $960.00 $960.00 $960.00 $960.00 Pension Pay Advices Canada Post - high density presort Incentive LettermailTM - rate per unit (subject to change without notice) $0.78 $0.78 $0.78 $0.78 Service Fee per unit $0.165 $0.168 $0.172 $0.175 Set-up Fee (if current format significantly altered) $960.00 $960.00 $960.00 $960.00 T4s and T4As Canada Post LettermailTm rate per unit (subject to change without notice) $0.84 $0.84 $0.84 $0.84 Service Fee per unit $0.250 $0.255 $0.260 $0.266 Annual Set-up Cost (Time and Materials) $688.00 $701.00 $715.00 $730.00 Set-up Fee (if current format significantly altered) $960.00 $960.00 $960.00 $960.00 Extra Inserts Price dependent on customer's specific requirements. Will quote on request. The costs provided are equal or much lower than what was provided in the last year of the previous agreement. For example the pay advices were printed at a cost of 2.82 cents per unit in 2018 compared to the cost in the new agreement of 1.65 cents per unit in 2019 and will not be at the 2018 cost for the life of this agreement. The printing of Saint John Water bills has decreased form 2.47 cents per unit in 2018 to 2.37 cents per unit in 2019 and does not get back to the 2018 rate until 2021. The costs of this service has decreased by approximately $5,400 over the four yearterm. Saint John Energy has made advancements with the equipment and processes that benefit the City by allowing them to provide this service at a lower cost. It also helps to offset some of the equipment costs incurred by Saint John Energy. This is relationship is a benefit to both entities. !Loll -3 - STRATEGIC ALIGNMENT This recommendation is in line with Common Council's priority of being fiscally responsible in seeking out cost effect, quality services for the citizens. SERVICE AND FINANCIAL OUTCOMES The cost savings based on current service requirements will see the costs decrease by $5,400 over the four year term of the agreement with no change to the service. It is important to note the cost for postage is subject to change by Canada Post but the cost provided by Saint John Energy is less than normal postage. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and the City Solicitor's Office have reviewed the agreement. ATTACHMENTS Printing Service Agreement between the Power Commission of the City of Saint John and City of Saint John 6119] THIS PRINTING SERVICE AGREEMENT made in triplicate this 17 day of December, 2018. BETWEEN: THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a Commission established by resolution of Common Council of the City of Saint John in 1922, pursuant to the terms of the New Brunswick Electric Power Act 1920, 10 George V c. 53, hereinafter referred to as "Saint John Energy", OF THE FIRST PART -and - THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter referred to as the "City", OF THE SECOND PART WHEREAS, Saint John Energy in the course of its activities as provided for in The New Brunswick Electric Power Act, 1920 (10 Geo. V c.53 as amended), the "Power Act", has acquired a printing facility in order to produce and process material necessarily incidental to its operation, such as invoice, payroll and other financial documents; and WHEREAS, the capacity of the printing facility referred to in the immediately preceding recital is greater than is presently required by Saint John Energy; and WHEREAS, Saint John Energy and the City have agreed that it would be mutually beneficial to utilize a portion of the excess capacity of the aforesaid printing facility to provide printing and related services to the City; and WHEREAS, Saint John Energy is obliged pursuant to the provisions of the Local Governance Act, S.N.B. 2017, c.18, and amendments thereto, to deliver its services on a user -charge basis as is more fully described therein; and 51 -2 - WHEREAS, Saint John Energy and the City have further agreed that the printing and related services to be delivered to the City as set out herein shall be provided on a cost recovery basis with "cost" being comprised of the projected material, labour, maintenance, security and depreciation cost to Saint John Energy directly attributable to the provision to the City of the aforesaid services, so that in doing so no financial burden will be borne by the customers of Saint John Energy. WHEREAS, the Common Council on December 17, 2018 resolved: (a) that the City enter into a Printing Service Agreement with Saint John Energy in the form as attached to M&C# 2018-351 for the printing and mailing services of Saint John Water invoices and employees T4s and T4As, as well as the printing of monthly pension pay advices; and (b) that the Mayor and Common Clerk be authorized to execute the Agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: Definitions The terms defined in this clause shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires: 1(1) "Address List" means the list supplied by the City containing the names and addresses to which the City wishes to be delivered; 1(2) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by- laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either this Agreement or any part of them; 1(3) "Authorized Users" include the Commissioner of Finance and Corporate Services, Comptroller and Assistant Comptroller(s); 1(4) "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick; 1(5) "City" means The City of Saint John; 61► -3- 1(6) "City Address" means 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E21L 4L1, Telephone: 506-658-2951, Fax - 506 -649-7901-7 1(7) "City Confidential Information" means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of Saint John Energy in connection with this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: (a) Include: (i) all new information derived at any time from any such information whether created by the City, Saint John Energy or any third party; (ii) all information (including personal information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation; (b) Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of Saint John Energy of any duty of confidentiality owed by Saint John Energy to the City or to any third party; (ii) Saint John Energy can demonstrate to have been rightfully obtained by Saint John Energy, without any obligation of confidence, from a third party who had the right to transfer or disclose it to Saint John Energy free of any obligation of confidence; or (iii) Saint John Energy can demonstrate to have been rightfully known to or in the possession of Saint John Energy at the time of disclosure free of any obligation of confidence when disclosed; 6V M 1(8) "City Representative" means a representative from the Finance Department of the City of Saint John; 1(9) "Common Council" means the elected municipal council of the City; 1(10) "Mail" means the postal delivery system operated by Canada Post Corporation; 1(11) "Message" means the text and data supplied by the City to Saint John Energy which may have some variable content but is formatted in an identical manner; 1(12) "Printing Request" means invoice printing (single side) and insertion into delivery envelope along with a return envelope, if required by City. Pay stub printing (single side) and insertion into delivery envelope; 1(13) "Saint John Energy" means The Power Commission of The City of Saint John, located at 325 Simms Street, Saint John, New Brunswick, E21VI K6 Telephone: 506-658-5252, Fax: 506-658- 0868; 1(14) "Saint John Energy's Representative" means a representative from the Compliance, Regulatory and Commercial Affairs Department of Saint John Energy; 1(15) "Services" mean those services as set out in this Agreement and any additional services agreed between the parties in writing; 1(16) "Services Fees" mean the applicable costs or rates specified in the fee schedule section of this Agreement to be paid by the City; 1(17) "Term" means the term of this Agreement as set out in Section 3; and 1(18) "Unit" means an individual delivery envelope containing an invoice or pay stub or T4 -T4A. General 2(1) The City hereby agrees to retain Saint John Energy to provide the City with the Services and Saint John Energy hereby agrees to provide the Services to the City, all in accordance with the provisions of this Agreement. 6'511 Term -5- 2(2) All references to the City are deemed to include the City's Authorized Users as agents for the City and any actions taken by such Authorized Users are deemed to be the actions of the City. The Authorized Users have an administrative role and authority for the City of Saint John but cannot act on behalf of Council in altering this Agreement. The City shall require that each Authorized User abide by this Agreement. 3(1) The term of this Agreement shall be four (4) years, commencing on January 1, 2019 and terminating at midnight on December 31, 2022, unless otherwise terminated in accordance with the provisions thereof. 3(2) This Agreement shall be extended for one (1) additional period of four (4) years unless it's otherwise terminated upon thirty (30) days' written notification by either party prior to December 31, 2022. Such renewal period is subject to review of costs of services, if applicable. Scope of Services Fees 4(1) Saint John Energy shall perform the Services as set out in this Agreement which include, but are not limited to the following: (a) Providing printing and mailing services for water and sewerage invoices to the customers of the City; (b) Providing printing and mailing services for monthly pension pay advices and T4s and T4As of the employees of the City and pensioners; and (c) Providing any other services agreed between the parties. 4(2) Saint John Energy shall perform these Services under the general direction and control of the Authorized Users and with all due and reasonable diligence, professional skills and competence. 5(1) The City shall pay to Saint John Energy the fees in accordance with the following: (a) The applicable postage and Services Fees plus all applicable taxes, net 45 days from the date of the invoice; (b) The Services Fees are as follows: 6191 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes; or (b) any amount in dispute. 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice/transaction records, then they shall be deemed to be complete and correct. 5(5) The City agrees to pay interest on unpaid amounts at the rate of 1- '/2 percent per month (19.56% per year) calculated from the date of the applicable invoice. 5(6) Saint John Energy is not obliged to extend any credit to the City. 67� Year Year Year Year Water and Sewerage Invoices Canada Post - high density presort Incentive LettermailTM - rate per unit (subject to change without notice) $0.78 $0.78 $0.78 $0.78 Service Fee per unit $0.237 $0.242 $0.247 $0.252 Set-up Fee (if current format significantly altered) $960.00 $960.00 $960.00 $960.00 Pension Pay Advices Canada Post - high density presort Incentive LettermailTM - rate per unit (subject to change without notice) $0.78 $0.78 $0.78 $0.78 Service Fee per unit $0.165 $0.168 $0.172 $0.175 Set-up Fee (if current format significantly altered) $960.00 $960.00 $960.00 $960.00 T4s and T4As Canada Post LettermailTm rate per unit (subject to change without notice) $0.84 $0.84 $0.84 $0.84 Service Fee per unit $0.250 $0.255 $0.260 $0.266 Annual Set-up Cost (Time and Materials) $688.00 $701.00 $715.00 $730.00 Set-up Fee (if current format si nificantl altered) $960.00 $960.00 $960.00 $960.00 Extra Inserts Price dependent on customer's specific requirements. Will quote on request. 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes; or (b) any amount in dispute. 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice/transaction records, then they shall be deemed to be complete and correct. 5(5) The City agrees to pay interest on unpaid amounts at the rate of 1- '/2 percent per month (19.56% per year) calculated from the date of the applicable invoice. 5(6) Saint John Energy is not obliged to extend any credit to the City. 67� -7 - Obligations and Responsibilities of Saint John Energy 6(1) Upon the initial creation of a new Message by the City or message format, Saint John Energy, at its own expense, shall: (a) Provide a copy or proof of the printed Message to the City to ensure that the printed Message is satisfactory in all respects; (b) Cause the customer's Message to be printed on stationery, addressed, enveloped and introduced into the Mail delivery system for the City's water and sewerage invoices; (c) Cause the Message to be printed on stationery, addressed, enveloped and delivered to a specified location for the City pay -stubs, in either case in accordance with the Schedule of Production Details attached hereto as Schedule "A"; (d) Not alter the content, size, weight, packaging, file format or other requirements of the City's Printing Request without prior written notice and acceptance by the City; (e) Unless otherwise agreed will supply stationery as outlined in Schedule "A"; and (f) Purchase stationery in quantities not less than 100,000 units of each type. If the City requests that Saint John Energy alter the type of stationery from that set out in Schedule "A", the City shall pay Saint John Energy the cost and take possession of the balance of unused stationery. The City shall pay Saint John Energy for any stationery remaining upon completion or termination of this agreement. Obligations and Responsibilities of the City 7(1) The City, at its own expense, through its Finance Department, shall: (a) Deliver the electronic Message and Address List to a file transfer protocol (FTP) site, as specified by Saint John Energy; (b) Deliver any customer provided custom stationery to Saint John Energy's office at 325 Simms Street, Saint John, New Brunswick; (c) Format the electronic Message and Address List in accordance with an approved Saint John Energy file specifications as established from time to time; 6'tl (d) Not alter the size, weight, packaging, file format or other requirements of their Printing Request without prior written notice and acceptance by Saint John Energy; (e) Ensure that all information and materials required by Saint John Energy to print the Message (including but not limited to the Message, Address List, custom stationery) shall be received by Saint John Energy on the agreed date and time as presented in -Schedule "A" contained in this Agreement or production will be re -scheduled at the next available opportunity; (f) Achieve, by commencement of this Agreement and maintain thereafter, a 95% address accuracy rate, in accordance with Canada Post's preferred rate address accuracy requirements; (g) Ensure that the monthly "metered" customers and the bi- annual "flat rate" customers are not requested for printing in the same week; and (h) Ensure that all items must comply with the requirements set out in this Agreement and all documents referenced therein, subject to any amendments and that items not complying with these requirements may not be processed under this Agreement. Failure to Perform 8(1) Should Saint John Energy fail for any cause whatever to perform the Services provided for by this Agreement, or fail to perform the Services in a manner satisfactory to the City, then, in either case, all payments by the City to Saint John Energy shall cease as of the date of such failure, and the City may appoint its officials, or any other person or persons in the place of Saint John Energy to perform the Services and Saint John Energy shall have no claim against the City except for the Services which has been performed by Saint John Energy under this Agreement up to the time of such failure, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Dismissal and Termination 9(1) In the event that the City is dissatisfied with the Services performance by the Saint John Energy or that Saint John Energy does not comply with the specifications and the terms and conditions of this Agreement, the parties agree that the City may dismiss Saint John Energy at any time, with or without cause, on thirty (30) days' prior written notice. 6'1:3 Saint John Energy will accept payment for Services performed to the date of dismissal on a pro -rated basis in accordance with the provisions of this Agreement, in full satisfaction of any and all claims under this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 9(2) This Agreement may be terminated by the City upon thirty (30) days' written notice to Saint John Energy of the City's intention to terminate the same. 9(3) In the event of termination of this Agreement by the City, the City shall within forty-five (45) Business Days of termination pay Saint John Energy, all services rendered by Saint John Energy up to the date of termination, in accordance with the payment provisions set out in this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Confidential Information 10(1) During and following the Term, Saint John Energy shall: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only those employees, directors, partners, officers, agents, representatives, advisors or subcontractors who have a need to know it in order for Saint John Energy to perform the Services hereunder; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) The written consent of the City; and (ii) In respect of any City Confidential Information relating to any third party, the written consent of such third party; (d) Provide City Confidential Information to the City on demand; and (e) Return all City Confidential Information to the City on or before the termination or expiry of the Term, with no copy or portion kept by Saint John Energy. Saint John Energy shall ensure that those of its directors, officers, employees, agents, partners, representatives, advisors or subcontractors who 6'1%1 have been provided with City Confidential Information will keep all City Confidential Information confidential and secure in accordance with the requirement of this Agreement and that all such City Confidential Information be returned to the City before the termination or expiry of the Term. 10(2) Saint John Energy shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Services. 10(3) Saint John Energy acknowledges that breach of any provisions of this Section 10 may cause irreparable harm to the City or to any third party to whom the City owes a duty of confidence, and that the injury to the City or to any third party may be difficult to calculate and inadequately compensable in damages. Saint John Energy agrees that the City is entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Section 10. 10(4) If Saint John Energy or any of its directors, officers, employees, agents, representatives, advisors or subcontractors becomes legally compelled to disclose any City Confidential Information, Saint John Energy will provide the City with prompt notice to that effect in order to allow the City to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the City and its legal counsel to the fullest extent. If such protective orders or other remedies are not obtained, Saint John Energy will disclose only that portion of City Confidential Information which Saint John Energy is legally compelled to disclose, only to such person or persons to whom Saint John Energy is legally compelled to disclose, and Saint John Energy shall provide notice to each such recipient (in co-operation with legal counsel for the City) that such City Confidential Information is confidential and subject to non -disclosure on terms and conditions equal to those contained in this Agreement. 10(5) Saint John Energy will take all reasonable steps to ensure the confidentiality of the City's Confidential Information while in their possession. Specifically, (a) Saint John Energy will ensure that pay stub Messages are in the presence of an authorized employee, in a restricted access area, while being printed, packaged and sealed; (b) That water and sewerage Messages are in a restricted access area, while being printed, packaged and sealed; (c) That all completed and packaged Messages will be held in a restricted access area until delivery by an authorized delivery C0i] -11 - service, to either the Mail, in the case of water and sewerage Messages, or the designated location at City Hall, in the case of pay stub Messages; and (d) That all electronic files are deleted after completion of the customers Printing Request. 10(6) The provisions of this Section 10 shall survive any termination or expiry of this Agreement. Remedies 11 (1) Subject to Sections 16 and 17 hereof, upon default by any party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 11(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of any party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Indemnification 12(1) Subject to clause 12(2) hereof, but notwithstanding any other clauses herein, Saint John Energy shall indemnify and save harmless the City from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such damages, costs, claims, demands, actions, suits or other proceedings are attributable to and caused by Saint John Energy's negligence, errors or omissions. 12(2) In no event shall Saint John Energy be obligated to indemnify the City in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City, or any person for whom the City is responsible. -12- 12(3) Saint John Energy will not be held liable for any failure of the postal system once the City's Printing Request has been delivered to the Mail. In no event shall Saint John Energy be liable for any indirect, special, incidental or consequential damages, even if Saint John Energy has been advised of the possibility thereof. Assignment of Agreement 13 This Agreement cannot be assigned by Saint John Energy to any other service provider without the express written approval of the City. Performance 14 All parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non -Performance 15 The failure on the part of any parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Mediation 16(1) All disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated upon the willingness of all parties. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 16(2) The place of mediation shall be the City of Saint John and Province of New Brunswick. Orhitratinn 17(1) In the event that the parties are unwilling to mediate their dispute and that the dispute between the parties remain unresolved, then either the City or Saint John Energy, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of Saint John Energy and the third chosen by these two. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. 11- -13- 17(2) Any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 17(3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of any parties. 17(4) When the City or Saint John Energy seek such arbitration, the applicant shall deposit a security to the amount of One Thousand Dollars ($1,000.00) with Finance Department of the City who is responsible for this Agreement, and such deposit is to be applied to the cost of the arbitration. 17(5) The place of arbitration shall be the City of Saint John and Province of New Brunswick. 17(6) The provisions of the Arbitration Act, S.N.B. 1992, c. A-10.1, and amendments thereto, shall apply to the arbitration. Force Majeure Time 18(1) Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond a party's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in this Agreement would have put in place contingency plans to materially mitigate or negate the effects of such event. Without limiting the generality of the foregoing, the parties agree that force majeure events shall include natural disasters and acts of war, insurrection and terrorism but shall not include shortages or delays relating to supplies or services. 18(2) If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non- performance. If the anticipated or actual delay or non-performance exceeds fifteen (15) Business Days, the other party may immediately terminate this Agreement by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under this Agreement, at law or in equity. 19 This Agreement shall not be enforced or bind any of the parties, until executed by all the parties named in it. M -14 - Notices 20(1) Notices shall be in writing and shall be delivered by postage - prepaid envelope, personal delivery or facsimile and shall be addressed to, respectively, the City Address to the attention of the Common Clerk and to Saint John Energy Address to the attention of their Representative. Notices shall be deemed to have been given: (a) in the case of postage -prepaid envelope, five (5) Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile one (1) Business Day after such notice is received by the other party. In the event of a postal disruption, notices must be given by personal delivery or by facsimile. Unless the parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. Reference to Prior Agreement 21 This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the Services as set forth in this Agreement. Amendments 22 No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. Acknowledgment of Terms and of Entirety 23 It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. Further Documents 24 The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 25(1) Paragraph headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. -15- 25(2) The failure of the parties to insist upon strict adherence to any term or condition of the Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of the Agreement. 25(3) The Schedules to the Agreement form part of and are incorporated into the Agreement as fully and effectively as if they were set forth in the Agreement. Governing Law 26 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 27 This Agreement shall enure to the benefit of and be binding on the successors and assigns of the City and on the successors and permitted assigns of Saint John Energy. Severability 28 It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. Independent Legal Advice 29 The parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 30 Each of the parties acknowledges receipt of a true copy of this Agreement. ICU -16 - IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their proper officers and The Power Commission of The City of Saint John and The City of Saint John, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED In the presence of: C�� THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: Raymond R. Robinson, President and CEO THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution - 7 2018 -17 - PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Raymond R. Robinson, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY - 1 . AY: 1. THAT I am the President and CEO of The Power Commission of The City of Saint John (the "Commission"), and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. That the Commission does not have a corporate seal. 3. THAT the signature —11 i 1is the signature of , the Chairman of the Commission, and the signature of "Raymond R. Robinson" subscribed to the foregoing instrument is my signature and in my own proper handwriting. 4. THAT the Chairman and the President are the officers of the Commission duly authorized to execute the foregoing instrument. 5 THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of , 2018. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick this day of , 2018 Commissioner of Oaths, Raymond R. Robinson, President and CEO C-YA Schedule "A" Schedule of Production Details Customer Water and Sewerage Invoices Stationery Supplied by Saint Mailing envelope - #10 double windowed, secure. John Energy: Invoice paper — 20 Ib. white, stub on bottom with micro perforation. Return envelopes — 6-1/2 x 3-5/8 single colour logo and bilingual return address. Estimated Printing Request Metered customers- Approx. 3,230 invoices bi- volume and timeframe. monthly, around the 20th of the month (Message printed on front side only.) Flat rate customers — Approx. 14,120 bi-annually (February, August time frame). (Message Printed on front and back.) Production Timeline Message file to be delivered by customer to specified FTP site by 11:30 a.m. Atlantic Time three (3) business days before required mailing date. Saint John Energy to return Message file within four hours of receipt, for approval by customer. Customer to review and give authorization to proceed by 4:30 p.m. Atlantic Time the day on which the file is returned to the customer for authorization. Printing Request will be completed and delivered to the Mail by 4:30 p.m. three (3) Business Days following the delivery of the Message file from the customer. C�:3 -19 - Customer Pay Advices & T4s — T4As' Stationery Supplied by Saint John Delivery envelope - #10 windowed secure, with Energy: return address and logo (for pay stubs only). Pay stub paper — 20 Ib. white. Estimated Printing Request Approx. 900-950 pay advices for pensioners per volume and timeframe. month. File received 3rd or 4th week of each month. Approx. 2,200 T4s & T4As per year. File received in the February timeframe. Production Timeline Message files to be delivered by customer utilizing encrypted e-mail: before 11:30am Atlantic time the day of the file transmission. Printing Request will be completed and delivered to the 12th Floor City Hall Human Resources office, by 4:30 p.m. the Business Day following the delivery of the Printing Request from the customer. T4s and T4As will be mailed by Saint John Energy. C1'1 COUNCIL REPORT M&C No. 2018 361 Report Date December 07, 2018 Meeting Date December 17, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Proposed Easement in favour of The City of Saint John — Develop Saint John Inc. Subdivision, Galbraith Place OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Neil Jacobsen RECOMMENDATION That Common Council adopt the following resolution: "Resolved that the City accept an easement from Develop Saint John Inc. to the land identified on the tentative subdivision plan "Develop Saint John Inc. Subdivision" dated December 11, 2018 and prepared by Don -More Surveys & Engineering Ltd., to the land identified thereon by the words "Easement in favour of The City of Saint John", for the purpose of (i) providing the City by its officers, servants, agents, contractors and workers, the right to enter the lands subject to the easement with machinery, materials, vehicles and equipment and to construct, alter, maintain, increase the number and/or size of water pipelines and any like local government works including all related works appurtenant thereto and (2) also for the purpose of providing the City by its officers, servants, agents, contractors and workers a right of way to and over the said lands for the purpose of gaining access and egress to and from the City's water utility infrastructure located on the adjacent property, in all cases subject to the City's restoring promptly and as far as is practicable the surface of the lands to the same condition in which it existed prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the owner of the lands subject to the easement including the heirs, executors, administrators, successors and assigns of the owner from erecting or locating on the lands subject to the easement any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location on it of any such building, structure or other obstacle." Me] -2 - EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's acceptance of an easement to protect existing City piped infrastructure and access road. PREVIOUS RESOLUTION On November 5, 2018 Common Council authorized the acceptance of money -in - lieu of the required land for public purposes (LPP) for the proposed subdivision. STRATEGIC ALIGNMENT It is in the interest of The City of Saint John to obtain easements for the protection and maintenance of municipal services and infrastructure. REPORT The applicant is seeking to subdivide existing lands with frontage on Galbraith Place and King William Road as shown on the attached subdivision plan. Lots 18- 1 and 18-2 will be marketed for private development with Lot 18-3 bring sold to Emera Pipeline. The creation of the proposed Lot 18-3 requires the establishment of a 23 metre wide easement to accommodate existing City services along with granting the City access rights over the existing access road between the City's water tower located on PID 55230627 (Parcel E on the attached plan) and Watertower Road. A resolution of Common Council is required for the acceptance of the easement. The location and width of the easement has been confirmed by staff as sufficient to accommodate the existing underground infrastructure and access road. The purpose of this report is to recommend the necessary formal acceptance of the easement by resolution of Common Council. Develop Saint John has confirmed that they will convey the easement to the City and that this conveyance will be made prior to the transfer of lot 18-3 to the purchaser. Often the vesting of easements is considered by Council in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision and development applications where the assent to a Public Street is are required. However, in this case there is no new Public Street bring created, and the Community Planning Act does not require the Committee's involvement when only dealing with easements. The acceptance of the proposed easement is supported by staff. Therefore Council's acceptance of the easement is recommended. 71 -3 - SERVICE AND FINANCIAL OUTCOMES Not Applicable INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Infrastructure Development, Saint John Water, the City Solicitor's Office and Real Estate Services have reviewed this report and the proposed easement. ATTACHMENTS Subdivision Plan — Develop Saint John Inc. Subdivision 1153 Cb k-27.- 1152 262 CSO cDry • A� �� O�0 , / / /' / ? 87°40'05" o °��304 224---------------°43.110p351 - � ,�c,p- - 26740'07" ° 9so 6' �L6,07„-49.852 - - - 3 - -----0 7'09" - 23301138 . �o,� / �p�o �d,p pop�sp J Hent esa93 _ - j460 267 3 ° G , v- � rG11 Not set due to 229 65.104 231 CC C5 a�,205844mZ 1152 262 aee Ian 21Hydro Pole 230 �300 , 3�� 10.000 Wide ° _ _- - - - - - ° .351 _ - - -0.000 Wide � ° 26737'09" ° C\1 Cc N N_�G � ublic Utility Easement - - ----See In et- - - - - •Hughes Public Utility Easement 42.790 M�,.; 1 I See plan 21269650 • - - Bent See plan 21269650 o e- _ . _ _ _ _ _ I- 1 l 77 A Inset Scale = 1:1000 Approvals r - NB Grid Coordinate Values Point Easting Northing Remarks PID 55053110 Saint John Industrial Parks Ltd. to Develop Saint John Inc./Developper Saint John Inc. Document 38234424 Dated: January 1, 2018 Registered: July 7, 2018 Land Titles Date: PIDs 55187223, 55187249, 55187264 Her Majesty the Queen in Right of the Province of New Brunswick to Develop Saint John Inc. Document 38646114 Dated: November 9, 2018 Registered: December 4, 2018 Land Titles Date: Signature of Owners Steve Carson, CEO for: Develop Saint John Inc./Developper Saint John Inc. . . . . . . . . . . . . . . . . . . . John Logan, Secretary/Treasurer for: Develop Saint John Inc./Developper Saint John Inc. / / / o 146 / / The City of Saint John Document 256524, Volume 761, Page 465 See Plan 48, Drawer 7 PID 55230627 Curve Data 2 2525680.350 7357062.381 SMS Chord Azimuth C1 888.468 4 2525401.327 7356849.959 SMS 903.750 103.851 103.794 51 2526826.709 7357364.401 P2597 4.821 57019'25" C4 114 2524954.320 7357568.520 P34843194 C5 23.000 16.006 116 2525782.733 7357378.141 P34843194 16.132 15.804 14204611 " 117 2525821.120 7357373.499 P34843194 50001'07" 118 2525731.956 7357342.960 P34843194 132 2525954.254 7357600.168 Drawer 7, Plan 61 140 2525695.412 7357619.873 SMS 146 2525407.337 7357083.622 Drawer 7, Plan 61 148 2525558.893 7357412.987 Drawer 7, Plan 61 149 2525555.232 7357498.223 Drawer 7, Plan 61 150 2525584.967 7357559.382 P16093107 151 2525547.264 7357630.973 P16093107 209 2525554.716 7357652.279 P16093107 216 2525588.664 7357539.624 SMS 220 2525932.975 7357498.579 P238 222 2525548.334 7357634.031 SMS 223 2525831.140 7357425.127 P238 224 2525589.506 7357640.600 CALC 229 2525639.317 7357642.628 SMS 230 2525658.671 7357633.358 SMS 231 2525723.718 7357636.062 SMS 233 2525725.063 7357638.164 SMS 251 2525514.122 7357295.605 EASEMENT 252 2525504.611 7357270.660 EASEMENT 253 2525674.527 7357057.948 EASEMENT 254 2525699.464 7357026.730 EASEMENT 255 2525708.916 7357051.749 EASEMENT 256 2525686.795 7357079.441 EASEMENT 262 2525715.483 7357650.733 P27439158 300 2525737.452 7357657.542 P21269650 301 2525793.251 7357576.371 P21269650 304 2525750.481 7357638.588 P21269650 313 2525735.041 7357207.147 P28216100 350 2525719.003 7357430.486 P31567036 351 2525754.539 7357641.191 P31567036 906 2526201.485 7356953.314 P16093107 1110 2525729.244 7357207.848 P28344498 1138 2525740.367 7357634.727 SMS 1139 2525738.165 7357621.650 SMS 1152 2525672.409 7357648.979 P27439158 1153 2525625.956 7357712.017 P27439158 5012 2525954.393 7357600.213 RIB REBAR 5021 2525494.090 7357243.067 SQIB 5027 2525547.161 7357631.021 SQIB 5036 2525932.827 7357498.463 RIB REBAR 5037 2525830.995 7357425.033 SMF Title Data 20081 2526056.252 7357890.386 HPN Mon -Obs PIDs 00286377, 55053037, 55217632 20087 2527270.457 7359218.744 HPN Mon -Obs Owner: Develop Saint John Inc./Developper Saint John Inc. Document 38233772 Registered: 2018-07-30 PID 55053110 Saint John Industrial Parks Ltd. to Develop Saint John Inc./Developper Saint John Inc. Document 38234424 Dated: January 1, 2018 Registered: July 7, 2018 Land Titles Date: PIDs 55187223, 55187249, 55187264 Her Majesty the Queen in Right of the Province of New Brunswick to Develop Saint John Inc. Document 38646114 Dated: November 9, 2018 Registered: December 4, 2018 Land Titles Date: Signature of Owners Steve Carson, CEO for: Develop Saint John Inc./Developper Saint John Inc. . . . . . . . . . . . . . . . . . . . John Logan, Secretary/Treasurer for: Develop Saint John Inc./Developper Saint John Inc. / / / o 146 / / The City of Saint John Document 256524, Volume 761, Page 465 See Plan 48, Drawer 7 PID 55230627 Curve Data Curve Radius Arc Chord Chord Azimuth C1 888.468 52.599 52.592 190059'02" C2 903.750 103.851 103.794 191049'48" C3 75.500 4.822 4.821 57019'25" C4 23.000 10.928 10.826 69006'25" C5 23.000 16.006 15.685 102039'20" C6 23.000 16.132 15.804 14204611 " C7 952.294 93.009 92.972 50001'07" rig] Note The easements shown within lot 18-3 are shown on prior plans. Where no document is listed, none was found to create these easements. DeSaulniers, L. DeSaulniers, �S�,ICK LgNQ J SG B. 4. Andrew K. Toole ' Z A.N.B.L.S. #379 co Nno 212503 m z G J c�o� JSP -9q�G N�0 '&E DU Nov Key Plan Scale = 1:50,000 Legend SMS - Standard survey marker set SMF - Standard survey marker found Q CALC - Calculated point RIB - Round iron bar found ■ SQIB - Square iron bar found O IP - Iron pipe found Tabulated coordinate reference Lands dealt with by this plan Notes 1. All computations performed and coordinates shown are based on the NB stereographic double projection and the NAD83(CSRS) ellipsoid as realized by Service New Brunswick's Active Control System. 2. All distances shown are grid distances calculated using a combined scale factor utilizing geoid model HT2.0. 3. All directions are NB grid azimuths established using GNSS. 4. Document and plan numbers referred to are those of the land titles or county registry office. 5. Certification is not made as to legal title, being the domain of a lawyer, nor to the zoning & setback bylaws or regulations, being the domain of a development officer. 6. Certification is not made as to covenants set out in the document(s) and the location of any underground services and/or fixtures permanent or otherwise. 7. Peripheral information and adjacent owner information was derived from SNB records. 8. Field survey was completed in December, 2018. Purpose of Plan • To create lots 18-1, 18-2, 18-3 • To show an Easement in Favour of the City of Saint John • To show Easement E-1 in favor of lot 18-2 • To show Easement E-2 in favor of lot 18-1 • To show Easement E-3 in favor of lot 18-3 Subdivision Plan Develop Saint John Inc. Subdivision Galbraith Place, City of Saint John, Saint John County, NB 0 20 40 60 80 100 200 Scale = 1:2000 COUNCIL REPORT M&C No. 2018-359 Report Date December 13, 2018 Meeting Date December 17, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Canadian Institute of Cybersecurity Membership Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager Stephanie Rackley -Roach I Neil Jacobsen Neil Jacobsen RECOMMENDATION It is recommended that the Mayor and Common Clerk be authorized to execute the Collaborative Research Agreement (attached) with the Canadian Institute of Cybersecurity (CIC) for a one-year Strategic Membership to carry out work related to enhancing the security of the City of Saint John's information systems and data. EXECUTIVE SUMMARY Organizations across Canada are making cybersecurity a top priority given the potential devastating impact of a cyberattack in terms of service delivery, productivity, customer privacy, financial loss, and reputation. The City has investigated the benefits of obtaining a Strategic Membership from the Canadian Institute of Cybersecurity (CIC) to improve protection of our information systems and data. The City would also work with the CIC to customize and deliver training to increase technical capacity within the Information Technology team and improve awareness among employees in how to defend against cyberattacks. The cost for a one-year Strategic Membership is $40,000.00; UNB does include tax on membership fees. The attached Collaborative Research Agreement (Agreement) outlines the obligations, deliverables, and the scope of work to be undertaken by the CIC and the City during the term of the membership. Based out of the University of New Brunswick, the CIC has a vested interest in improving cybersecurity across the province. PREVIOUS RESOLUTION N/A W11 -2 - REPORT Cybersecurity is the practice of protecting information systems, networks, and applications from digital attacks. These attacks are typically aimed at accessing, changing, or destroying sensitive information, extorting money from users, or interrupting normal business processes. Ensuring effective cybersecurity measures are in place is becoming increasingly challenging. Cyber attackers are becoming more sophisticated and clever in how they gain unauthorized access to information systems. As many organizations including local governments have learned, cyberattacks are no longer a matter of 'if', but 'when'. The more common types of cybersecurity threats include ransomware, malware, social engineering, and phishing. While outdated information security controls or architecture and unauthorized access are two vulnerabilities to an organization's information systems and data, people remain the weakest link when it comes to cybersecurity. According to a 2018 survey of organizations conducted by Ernst & Young, 27% of Canadian respondents indicate the most likely source of a cyberattack is a careless employee, while 36% of respondents cite poor user awareness and behaviour as the top risk associated with the growing use of mobile devices. An effective threat prevention strategy must include cybersecurity training and education programs to ensure employees can identify and prevent cybersecurity threats. Organizations across Canada are making cybersecurity a top priority given the potential severity of an attack. A successful cybersecurity approach has multiple layers of protection spread across computers, networks, applications, and data to defend against cyberattacks. The City has invested in the protection of our information systems and data; however, in order to keep up with evolving cyber threats, the City has investigated the benefits of obtaining a membership with the Canadian Institute of Cybersecurity (CIC). The CIC is a comprehensive multidisciplinary training, research and development, and entrepreneurial unit that draws on the expertise of researchers. Based at the University of New Brunswick in Fredericton, their mission is to contribute to Canadian society by being a transformational leader in cybersecurity through problem solving, quality research undertakings, and intellectual property generation. This includes offering effective consultancy services and training, and providing students with career -related education and experience. Corporate membership to the CIC is available to industry, public institutions, and government departments. The member receives essential services from the CIC, aiming to increase their capability and potential of dealing with cybersecurity and/or developing cybersecurity solutions including: • Exclusive advising and consulting services • Company -specific, hands-on technical support • Targeted research and development The Strategic Membership offered by the CIC best meets the City's needs. This membership is targeted at organizations with an ongoing cyber presence, continuously 01 -3 - dealing with cybersecurity challenges and facing potential cybersecurity threats; more specific benefits include: 15 hours/month (average) of hands-on, company -specific technical support • Assistance in maintaining a robust cyberspace presence Detection and prevention of potential attacks and information loss • Access to cybersecurity experts The attached Agreement outlines the partnership between the CIC and the City through the Strategic Membership. The Scope of Work outlined in Schedule 1 focuses on assessing, evaluating, and prioritizing recommendations for enhancing the security of the City's information systems and data. The CIC will also provide ongoing support and consultation during the term of the membership. The Agreement is effective January 7, 2018 for one year. Based on an evaluation of the value received through the partnership in 2019 and the City's cybersecurity needs, the City may opt to extend the Agreement which would come back to Common Council for approval. The CIC also provides cybersecurity training to organizations to build technical capacity and improve employee and user awareness. While training would be an additional cost to the City above the Strategic Membership, working with the City on enhancing security around our information systems and data will allow the CIC to customize the content and delivery to best meet the City's needs. Being located in New Brunswick, the CIC has a vested interest in improving cybersecurity across the province. This commitment is a value -add to their members located in New Brunswick. The expertise, research, and innovation oriented focus of the CIC supports members in making vendor neutral decisions about their cybersecurity needs. STRATEGIC ALIGNMENT Enhancing the City's cybersecurity measures contributes to Council's priorities of valued, service delivery and being fiscally responsible. These measures guard against and/or mitigate the impact of a cyberattack on the City's information systems and data. The benefits include maintaining public service delivery, productivity, customer privacy, financial integrity, and confidence in the City's ability to manage public funds and municipal operations. SERVICE AND FINANCIAL OUTCOMES The cost of the CIC Strategic Membership to the City is $40,000.00. UNB does include tax on membership fees. The funding is available within the Information Technology's 2018 general fund operating budget. Training associated costs would be in addition to the membership fee. Funding for any future training engagements with the CIC is included in the Information Technology Service's 2019 general fund operating budget. NQ -4 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Legal has reviewed the attached Agreement and are supportive of the recommendation. Materials Management has been consulted as to procurement requirements in obtaining a membership with the CIC. Memberships are sole sourced and is recommended based on the value gained and the City's needs. Risk Management has been consulted on insurance requirements. Given the Agreement defines a partnership between the CIC and the City of Saint John, Risk Management is supportive of the language in the agreement given the value provided to the City in terms of access to cybersecurity expertise and support. ATTACHMENTS Collaborative Research Agreement rrA COLLABORATIVE RESEARCH AGREEMENT This collaborative research agreement (the "Agreement") is made effective as of the 7th of January 2019 (The "Effective Date). BETWEEN AND THE UNIVERSITY OF NEW BRUNSWICK having its administrative offices at 3 Bailey Drive, Room 215, Fredericton, NB, E3B 5A3 ("UNB"); CITY OF SAINT JOHN having its principal place of business at 15 Market Square, Saint John NB, E21-41-1 (the "Partner"). (Collectively referred to as the "Parties" and individually as a "Party") WHEREAS UNB, under the direction of Dr. Ali Ghorbani, has formed the Canadian Institute for Cybersecurity (the "CIC'); WHEREAS UNB is offering various levels of memberships to the CIC, including strategic memberships; WHEREAS the CIC membership levels include a membership to companies with an ongoing cyber presence, continuously dealing with cybersecurity challenges and facing potential cybersecurity threats; and WHEREAS the Partner is interested in pursuing a Strategic Membership to the CIC at UNB. NOW THEREFORE IN CONSIDERATION of their respective obligations set out below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Agreement agree as follows: OBLIGATIONS OF THE PARTIES 1.1 The Parties will collaborate to carry out their duties under this Agreement, complete such duties on or before the Completion Date stated within this Agreement and fulfill all of their other obligations hereunder in a diligent and professional manner using qualified personnel. 2. DEFINITIONS 2.1 In addition to all other terms defined elsewhere in this Agreement, the following terms shall have the meanings set forth below: Strategic Membership template December 2018 Page 1 of 17 N-11 (a) "Academic Publication" means the publication of an abstract, article or paper in a journal or an electronic repository, or its presentation at a conference or seminar, or in the presentation or publication of a thesis, PhD dissertation, or final report; and in sections 6 and 7 "to publish" and "publication" are to be construed as references to Academic Publication. (b) "Academic and Research Purposes" means participation or involvement in university seminars, tutorials, lectures, projects related to an official academic program including a thesis, PhD dissertation, or final report or Academic Publications; (c) "Background Intellectual Property" means any and all Intellectual Property that was created, conceived or developed prior to, or independent of, any research performed pursuant to or related to this Agreement. Background Intellectual Property that is known as of the Effective Date to be necessary for the creation of the Foreground Intellectual Property or Work Product is identified in Schedule 2, which can be amended from time to time as agreed to by the Parties. (d) "Completion Date" means five (5) years after the Effective Date, or such other date as may be agreed upon in writing between the Parties. (e) "Confidential Information" shall mean data, documents, reports, analyses, tests, specification, charts, plans, drawings, models, ideas, schemes, correspondence, communications, lists, manuals, computer programs, software, technology, techniques, methods, processes, services, routines, systems, procedures, practices, operations, modes of operation, apparatus, equipment, business opportunities, customer and supplier lists and other customer information, sales data, financial data, know-how and trade or other secrets whether verbal, written or existing, stored or communicated in any other form or medium, together with all copies thereof, however or whenever made, where such information is either marked as "Confidential' or otherwise identified as confidential at the time of its disclosure. (f) "Disclosing Party" means any Party disclosing Confidential Information and any Party receiving Confidential Information is hereinafter referred to as "Recipient." (g) "Field" means the field of cybersecurity. (h) "Foreground Intellectual Property" means any Intellectual Property created, conceived or developed by a Representative of a Party in the performance of this Agreement and during the term of this Agreement (i) "Intellectual Property" includes, but is not limited to, substances, processes, formulations, technical information, reports, photographs, drawings, plans, specifications, models, prototype, inventions, patterns, samples, or designs, whether patentable or not. It shall also mean any and all patents, trade -marks, trade names, copyright, software (including without limitation, source code and object code), domain names, industrial designs, design patents, mask works, and integrated circuit topographies acquired under any statute law or act in any country and shall also include all registrations and applications (including without limitation, Strategic Membership template December 2018 Page 2 of 17 0611 continuation, continuation -in -part, divisional, reissue and renewal applications and registrations) for the foregoing, trade secrets, knowledge, techniques, methods, know-how and show -how, and any and all other related property rights and goodwill, and including all registrations and applications for improvements which exist or may in future come into existence. Q) "Representative" means a Party's directors, officers, employees, contractors, agents, assigns or in the case of UNB, UNB's employees, contractors, agents, assigns, faculty or students. (k) "Strategic Membership" means a membership level that is designed to provide companies with resources and consulting services towards resolving some important cybersecurity issues. It is available to companies that are involved in the development of various cybersecurity solutions. (1) "Termination Date" means the earlier of the Completion Date or a date that this Agreement is terminated according to the provisions in section 10. 3. THE STRATEGIC MEMBERSHIP 3.1 The CIC is under the direction of Dr. Ali Ghorbani of UNB's Faculty of Computer Science (the "Director"). 3.2 The Strategic Membership will begin on the Effective Date and will continue until the Termination Date. 3.3 Each of the Parties will carry out the Work allotted to it in Schedule 1 (the "Work") of this Agreement, as amended from time to time, and CIC will deliver the output resulting from the Work, (the "Work Product") to the Partner in accordance with same. 3.4 Each of the Parties will ensure that its Representatives (if any) involved in the Work: observe the conditions attaching to any regulatory and ethical licenses, consents and approvals; keep complete and accurate records of all research, development and other activity carried out in connection with the Strategic Membership and of all Foreground Intellectual Property and observations. 3.5 Although the Parties will use reasonable endeavours to carry out the Work in accordance with Schedule 1 of this Agreement, the Parties do not represent or warrant that any technical support will lead to any particular result, nor do they guarantee a successful outcome. 4. STRATEGIC MEMBERSHIP FEE 4.1 In consideration of the CIC carrying out the Work, the Partner will pay the CIC Strategic Membership Fee (the "Strategic Membership Fee") of $40,000.00 CAD annually to UNB. Strategic Membership template December 2018 Page 3 of 17 E:ii] 4.2 The Partner will pay the Strategic Membership Fee under section 4.1 by way of electronic funds transfer to the University of New Brunswick within thirty (30) days of receipt of the invoice for same by the Partner. 4.3 In consideration of the Strategic Membership Fee, the Partner will receive an average of fifteen (15) hours per month of technical support with the following benefits: Hands-on, Partner -specific, technical support; Assistance in maintaining a robust cyberspace presence; iii. Consultation and expert opinion to advise on prevention of potential attacks and information loss; and iv. Access to a cybersecurity expert. UNB will provide quarterly reporting to the Partner on the actual hours of support provided by UNB. 4.4 If the Partner fails to make any payment due to UNB under this Agreement, without prejudice to any other right or remedy available to UNB, UNB may charge interest (both before and after any judgement) on the amount outstanding, at the annual rate of twelve percent (12 %) applied on a monthly basis. That interest will be calculated from the date or last date for payment to the actual date of payment, both dates inclusive, and will be compounded quarterly. The Partner will pay that interest to UNB on demand. 4.5 UNB will own any equipment or material purchased or constructed by it or for it under the Strategic Membership. Except for any equipment or material that was an in-kind donation, any equipment or material provided by the Partner to UNB for use during the Strategic Membership shall remain the property of the Partner and shall be returned by UNB to the Partner upon completion or termination of the Strategic Membership. 5. USE AND EXPLOITATION OF INTELLECTUAL PROPERTY 5.1 This Agreement does not affect the ownership of any Background Intellectual Property or in any other Intellectual Property of a Party that is not Foreground Intellectual Property. No license to use or any other right in any Background Intellectual Property is granted or implied by this Agreement except the rights expressly granted by this Agreement. 5.2 Background Intellectual Property Licenses. (a) Subject to the confidentiality obligations in section 7, Partner grants UNB a worldwide, non-exclusive, royalty -free license to internally use Partner's Background Intellectual Property that is necessary for the creation of the Foreground Intellectual Property. This license is limited to the purposes of: (i) carrying out the Work; and (ii) non-commercial Academic and Research Purposes, but for no other purposes. (b) Subject to the confidentiality obligations in section 7, UNB grants Partner a worldwide, non-exclusive, royalty -free license to internally use UNB's Strategic Membership template December 2018 Page 4 of 17 E -11I Background Intellectual Property that is necessary for the creation of the Foreground Intellectual Property. This license is limited to the purpose of carrying out the Work, but for no other purpose. (c) Subject to the confidentiality obligations in section 7, Partner grants UNB a worldwide, non-exclusive, royalty -free, copyright license to reproduce, prepare derivative works, distribute copies, publicly perform and execute Partner's Background Intellectual Property that is necessary for the creation of the Foreground Intellectual Property. This license is limited to the purposes of: (i) carrying out the Work, and (ii) non-commercial Academic and Research Purposes, but for no other purposes. (d) Subject to the confidentiality obligations in section 7, UNB grants Partner a worldwide, non-exclusive, royalty -free, copyright license to reproduce, prepare derivative works, distribute copies, publicly perform and execute UNB's Background Intellectual Property that is necessary for the creation of the Foreground Intellectual Property. This license is limited to the purpose of carrying out the Work, but for no other purpose. (e) For the licenses in this section 5.2, neither Party may grant any sublicenses to use the other's Background Intellectual Property, and such Background Intellectual Property licenses shall automatically terminate upon the Termination Date. 5.3 The Parties acknowledge and agree that all right, title and interest in and to any Foreground Intellectual Property conceived, produced, developed or reduced to practice solely by the Representatives of the Partner shall belong exclusively to the Partner. Subject to the confidentiality obligations in section 7, Partner grants UNB a worldwide, non-exclusive, royalty -free, license to internally use Partner's Foreground Intellectual Property: (i) that is necessary to carry out the Work, and (ii) for non-commercial Academic and Research Purposes, but for no other purposes. 5.4 The Parties acknowledge and agree that all right, title and interest in and to any Foreground Intellectual Property conceived, produced, developed or reduced to practice solely by a Representative of UNB shall belong exclusively to UNB according to its institutional policies and collective agreements. 5.5 The Parties acknowledge and agree that all right, title and interest in and to any Foreground Intellectual Property conceived, produced, developed or reduced to practice by Representatives of more than one Party which is incorporated into or necessary to use the Work Product, ("Joint Intellectual Property") shall belong jointly to the Parties in accordance with the institutional policies and collective agreements of the inventing Parties. 5.6 Upon payment of the Strategic Membership Fee for an applicable annual period, UNB grants Partner an exclusive, royalty -free, license in the Field to use the Work Product, UNB's Foreground Intellectual Property, and UNB's portion of Joint Intellectual Property created during said applicable annual period for internal, non-commercial purposes, subject to the royalty -free, perpetual right of UNB to use the same for Academic and Research Purposes. Strategic Membership template December 2018 Page 5 of 17 E:3► 5.7 UNB hereby grants to the Partner an option to obtain a royalty -bearing, exclusive license in the Field to commercially exploit the Work Product, UNB's Foreground Intellectual Property, and UNB's portion of Joint Intellectual Property, subject to a royalty -free, perpetual right of UNB to use the same for Academic and Research Purposes. The option shall exist for a period of six (6) months after the Strategic Membership Completion Date, and may be exercised within this period by the Partner delivering written notice of exercise to UNB. 5.8 Upon exercise of the option from section 5.7, the Partner and UNB shall negotiate in good faith to determine the specific terms and conditions of the exclusive license referred to in section 5.7, including a royalty rate. The obligation to negotiate in good faith shall exist for a period of six (6) months from the date of exercise of the option by the Partner. 5.9 Notwithstanding section 5.2, and provided that the Partner is not in default of any of its obligations under this Agreement, to the extent UNB Background Intellectual Property is incorporated into the Work Product, UNB's Foreground Intellectual Property, and UNB's portion of Joint Intellectual Property, UNB hereby grants to Partner a non-exclusive, worldwide, royalty free license in the Field to make, use, reproduce, prepare derivative works, distribute copies, publicly perform and execute said UNB Background Intellectual Property for the Partner's internal use only. 5.10 UNB will notify the Partner promptly after identifying any Foreground Intellectual Property that UNB believes is patentable, and will supply the Partner with copies of that Foreground Intellectual Property, provided always that the Partner is not in default of any of its obligations under this Agreement. 6. ACADEMIC PUBLICATION 6.1 Any Representative of UNB (whether or not involved in the Work) may, provided a Confidentiality Notice under section 6.2 has not been given: (a) discuss Work undertaken as part of the Strategic Membership in university seminars, tutorials and lectures; and (b) publish original works of authorship related to the Work of this Agreement or any of the Foreground Intellectual Property, as long as that authorship does not contain Partner's Confidential Information. 6.2 UNB will submit to the Partner, in writing, details of any Academic Publication or Work undertaken as part of the Strategic Membership or Joint Foreground Intellectual Property that any Representative of UNB intends to publish or present at least sixty (60) days before the date of the proposed submission for publication or disclosure. The Partner may, acting reasonably, request alterations to the proposed publication or disclosure including the reasons therefore, with respect to the removal of any of the information that is Partner Confidential Information or that could be identified as being potentially patentable. If the Partner objects to any portion of the publication or disclosure, the Partner must provide written notice to UNB (the "Confidentiality Notice") within thirty (30) Strategic Membership template December 2018 Page 6 of 17 E:ic3 days after the Partner receives the details of the proposed publication or disclosure. Within ten (10) days of receipt of the Confidentiality Notice, UNB shall advise the Partner in writing whether it intends to revise the proposed publication or disclosure as set out in the Confidentiality Notice. 6.3 Where, in the Partner's reasonable opinion, a delay is necessary to seek patent or other protection for any of the Foreground Intellectual Property that are to be published or discussed, the Partner may require UNB to delay the proposed publication or disclosure for a maximum of six (6) months after receipt of the Confidentiality Notice. 6.4 If UNB does not receive a Confidentiality Notice within the specified period of time, its Representative may proceed with the proposed publication or disclosure, provided that, whether or not a Confidentiality Notice has been given, any of the Partner's Confidential Information may not be published. 6.5 Where UNB faculty or a graduate student is employed in the performance of the Work under the Strategic Membership, the faculty or graduate student will own the copyright to the Academic Publication (including thesis, dissertation, or final reports). The faculty or graduate student will not own any existing copyright in the Partner's Background Intellectual Property, Partner's Foreground Intellectual Property, or Partner's Confidential Information. Graduate students will not be delayed in any way by the requirements of this Agreement in writing, presenting, defending, and publishing his or her Academic Publication to meet the usual academic requirements for graduation. 7. CONFIDENTIALITY 7.1 Subject to section 6 and 7.2, neither Party will disclose to any third party, nor use for any purpose except as expressly permitted by this Agreement, any of the other Party's Confidential Information. 7.2 Notwithstanding section 7.1, neither Party will be in breach of any obligation to keep any Confidential Information or not to disclose it to any third party to the extent that it: (a) is in the Recipient's possession before its receipt from the Disclosing Party as shown by the Recipient's files and records immediately prior to the time of disclosure, and which is not already subject to any obligation of confidentiality to the Disclosing Party; (b) before or after it has been disclosed to Recipient, becomes part of the public knowledge or literature, not as a result of any action or inaction of Recipient; (c) is approved for release by written authorization of the Disclosing Party; (d) is disclosed to Recipient by a third party not in violation of any obligation of confidentiality; (e) is independently developed by Recipient without reference to Confidential Information; or Strategic Membership template December 2018 Page 7 of 17 E:iI (f) is disclosed pursuant to the requirement of any law or regulation (provided in the case of a disclosure pursuant to the Right to Information and Protection of Privacy Act, S.N.B. 2009, c. R-10.6 (The "Act") none of the exceptions in that Act apply to the information disclosed) or the order of any Court of competent jurisdiction, and the Party required to make that disclosure has informed the other, within a reasonable time after being required to make the disclosure, of the requirement to disclose and the information required to be disclosed. 7.3 Recipient agrees to permit access to the Confidential Information only to such officers, directors, and Representatives as are necessary to fulfill the terms set within this Agreement. Recipient agrees that prior to disclosing any Confidential Information, such persons will be advised of the confidential nature of such Confidential Information and of the existence and importance of this Agreement. Recipient will take all reasonable actions as may be necessary to prevent its officers, directors, or Representatives from violating the terms of this Agreement. Recipient will be deemed to have satisfied its obligations under this Agreement by protecting the confidentiality of the Confidential Information in the same manner that a reasonable person would protect its own Confidential Information of like kind. 7.4 Except as may be required in furtherance of this Agreement, Recipient will not copy, alter, modify, disassemble, reverse engineer or decompile any document or material containing any Confidential Information without the prior written permission of the Disclosing Party. Upon termination of this Agreement or if requested by the Disclosing Party at any time, Recipient will return or destroy any and all documents or materials provided by the Disclosing Party including any copies thereto. 7.5 Recipient will not directly nor indirectly use any Confidential Information in any manner other than to assist the other Party in connection with this Agreement. Recipient shall not use the Confidential Information for purposes of unfair or improper competition. In the event a subpoena or other validly issued administrative or judicial process requesting the Confidential Information is received by either Party, prompt notice will be given to the other Party of such receipt prior to complying with such subpoena or other process. 7.6 Neither Party shall communicate any information to the other in violation of the proprietary rights of any third party. The Confidential Information shall remain the sole property of the Disclosing Party. Except as provided in section 5, no license is granted to Recipient under any patents, copyrights, mask work rights or other proprietary rights by the disclosure of any information hereunder, nor is any warranty made as to such information. Recipient acknowledges and agrees that the Confidential Information may be deemed to be material, non-public information and that the purchase or sale of any security of the Disclosing Party (or any Party mentioned in the Confidential Information) upon or after receipt of the Confidential Information may be restricted under the securities laws of Canada and/or other jurisdictions. 7.7 If UNB receives a request under the Right to Information and Protection of Privacy Act, to disclose any information that, under this Agreement, is the Partner's Confidential Information, it will notify the Partner and will consult with the Partner promptly and before making any disclosure under the Act. The Partner will respond to UNB within fifteen (15) days after receiving UNB's notice if that notice requests the Partner to provide Strategic Membership template December 2018 Page 8 of 17 E:16'7 information to assist UNB to determine whether or not an exemption to the Act applies to the information requested under the Act. 7.8 Neither UNB nor the Partner will use the other's name or logo in any press release or product advertising, or for any other promotional purpose, without first obtaining the other's written consent. 7.9 Recipient understands and agrees that the Disclosing Party is providing the Confidential Information to Recipient in reliance upon this Agreement. Recipient acknowledges and agrees that a breach of any of its promises or agreements contained herein may result in irreparable injury to the Disclosing Party for which there may be no adequate remedy at law. The Disclosing Party, in addition to the return of the Confidential Information from the Recipient, shall be entitled to seek equitable relief in the nature of an injunction against Parties violating this Agreement and any Parties improperly using or disseminating Confidential Information. 7.10 The Recipient may use in its business activities, in the Field, the ideas, concepts and know-how ("Residual IP") contained in the Disclosing Party's Confidential Information which are retained in the unaided memories of Recipient's Representatives who have had access to the Confidential Information under this Agreement. For the avoidance of doubt, no patent or copyright license to Residual IP is granted to either Party. 8. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS 8.1 The Partner represents and warrants that it is duly incorporated and validly existing and in good standing and has the power and authority to carry on its business, to hold property and to enter into this Agreement and undertakes to take all necessary action to maintain itself in good standing and to preserve its legal capacity. 8.2 Each Party represents and warrants that the signatories to the Agreement have been duly authorized to execute and deliver the Agreement. 8.3 Each Party represents and warrants that the execution, delivery and performance of the Agreement have been duly and validly authorized and that when executed and delivered, the Agreement will constitute a legal, valid and binding obligation enforceable in accordance with its terms. 8.4 Each Party represents and warrants that it is the owner of its respective Background Intellectual Property and has the right and authority to use and to grant the rights in the Background Intellectual Property as contemplated in this Agreement. 8.5 The Partner warrants that it is under no obligation or prohibition, nor is it subject to or threatened by any actions, suits or proceedings, which could or would prevent compliance with the Agreement. The Partner will advise UNB forthwith of any such occurrence during the term of the Agreement. Notification of any such occurrence by the Partner will not relieve the Partner of any of its obligations under this Agreement. 8.6 The Partner shall comply with, in relation to the Strategic Membership, the requirements of all applicable laws, regulations, orders and decrees and regulatory bodies having jurisdiction over the Partner or the Strategic Membership. Strategic Membership template December 2018 Page 9 of 17 E:11.1 8.7 The Partner represents and warrants that it has not entered, and undertakes not to enter, without UNB's written consent, into any agreement that would prevent the full implementation of the Agreement by the Partner. 9. INDEMNIFICATION AND LIMITATION OF LIABILITY 9.1 Each Party hereby indemnifies, holds harmless and defends the other Party, including each of the Board of Governors, directors, officers, invitees, and Representatives of the other Parties, against any and all claims (including all legal fees and disbursements incurred in association therewith) arising out of its receipt or use of the other Party's Background Intellectual Property, any research results, information, Work Product, Foreground Intellectual Property, technology, and other tangible and intangible material arising from the Strategic Membership including, without limiting the generality of the foregoing, any direct damages or losses, arising from or out of same, howsoever the same may arise. 9.2 Partner's total liability and UNB's total liability, whether under the express or implied terms of this Agreement, in tort (including negligence) or at common law, for any loss or damage suffered by UNB or the Partner respectively, whether direct, indirect, or special, or any other similar damage that may arise or does arise from any breaches of this Agreement by UNB or Partner, its Board of Governors, officers, or Representatives, is limited to the Strategic Membership Fee under section 4.1. 9.3 The Partner acknowledges and agrees that UNB will not be liable for consequential or incidental damages arising from any breach or breaches of this Agreement. UNB makes no representations, conditions, or warranties, either express or implied, with respect to the performance of the Work or the Intellectual Property. Without limiting the generality of the foregoing, UNB specifically disclaims any implied warranty, condition, or representation that the Foreground Intellectual Property: shall correspond with a particular description; is of merchantable quality; is fit for a particular purpose; or is durable for a reasonable period of time. Nothing in this Agreement shall be construed as a warranty or representation by UNB as to title to the Foreground Intellectual Property or that it will be free from infringement of intellectual property rights. UNB shall not be liable for any loss, whether direct, consequential, incidental, or special which the Partner suffers arising from any defect, error, fault, or failure to perform with respect to the Foreground Intellectual Property, even if UNB has been advised of the possibility of such defect, error, fault, or failure. The Partner acknowledges that it has been advised by UNB to undertake its own due diligence with respect to the Foreground Intellectual Property. 9.4 UNB acknowledges and agrees that the Partner will not be liable for consequential or incidental damages arising from any breach or breaches of this Agreement. The Partner makes no representations, conditions, or warranties, either express or implied, with respect to the performance of the Work or the Foreground Intellectual Property. Without limiting the generality of the foregoing, the Partner specifically disclaims any implied warranty, condition, or representation that the Foreground Intellectual Property: shall correspond with a particular description; is of merchantable quality; is fit for a particular purpose; or is durable for a reasonable period of time. Nothing in this Agreement shall be construed as a warranty or representation by the Partner as to title to the Foreground Intellectual Property or that it will be free from infringement intellectual property rights. Strategic Membership template December 2018 Page 10 of 17 E:Yl The Partner shall not be liable for any loss, whether direct, consequential, incidental, or special which UNB suffers arising from any defect, error, fault, or failure to perform with respect to the Foreground Intellectual Property, even if the Partner has been advised of the possibility of such defect, error, fault, or failure. UNB acknowledges that it has been advised by the Partner to undertake its own due diligence with respect to the Work Product and Foreground Intellectual Property. 10. TERMINATION 10.1 Either Party may terminate this Agreement with immediate effect by giving notice to the other Party if the other Party is in breach of any provision of this Agreement and (if it is capable of remedy) the breach has not been remedied within sixty (60) days after receipt of written notice specifying the breach and requiring its remedy. 10.2 Either Party may terminate this Agreement upon three (3) months written notice to the other Party. 10.3 UNB may terminate this Agreement if the Partner is, in UNB's opinion: (a) insolvent, adjudged or declared bankrupt or if it goes into receivership or takes the benefit of any statute from time to time in force relating to bankrupt or insolvent debtors; or (b) in default under any other agreement with UNB or any Representative of UNB. 10.4 Sections 2, 5, 6, 7, 8, 9, 10.4 and 12 will survive the termination of this Agreement for any reason and will continue indefinitely. 11. DISPUTE RESOLUTION PROCEDURE 11.1 The Parties shall attempt to resolve any dispute arising out of or pursuant to this Agreement by recourse to the dispute resolution methods identified in the following sequence, although steps may be by-passed by mutual consent: (a) negotiations, or (b) binding arbitration. 11.2 If the Parties cannot agree on any of the foregoing dispute resolution mechanisms, either Party may, at any time, elect to have such dispute resolved by litigation in the proper judicial forum. 11.3 Any Party may within fifteen (15) days take the dispute to the next step if the Parties fail to agree on the appointment or procedure referred to in this section. 11.4 If the Parties decide to submit a dispute to arbitration, it shall be carried out pursuant to the Commercial Arbitration Act of Canada. The arbitral award shall be in terms of money only, and shall not include punitive damages, costs or interim measures. The Parties shall attempt to appoint jointly one impartial expert arbitrator. If the Parties cannot agree within thirty (30) days on the choice of an arbitrator, each Party shall appoint, at its own Strategic Membership template December 2018 Page 11 of 17 E:1:3 cost, one impartial expert arbitrator and those two arbitrators shall appoint an expert third arbitrator as chairperson of an arbitral tribunal. 11.5 When step 11.1(b) is selected to resolve a dispute, the Parties shall jointly enter into a contract with the required arbitrator to pay the costs for the desired services and to bear their own costs of participating in the process involved. 11.6 This section 11 shall not apply to prevent a Party from invoking its rights pursuant to Sections 4, 5 or 10 of this Agreement. 12. NOTICES 12.1 Any notice, demand, request or other communication (a "Notice") required or permitted to be given to either Party under this Agreement shall be in writing and shall be satisfactorily given by personal delivery, registered mail or by electronic means of communication, addressed to the recipient as follows; (a) If to UNB, at: The University of New Brunswick Office of Research Services PO Box 4400 3 Bailey Drive, Room 215, Sir Howard Douglas Hall Fredericton, NB E3B 5A3 Phone: (506) 453-4674 Fax: (506) 458-7600 Email: ors@unb.ca Attention: Executive Director (b) If to the Partner, at: City of Saint John 15 Market Square Saint John, New Brunswick E21-41-1 Phone: (506) 649-6047 Email: information.technology@saintjohn.ca Attention: Chief Information Officer (c) Any notice, demand, request or other communication of a technical nature from the Partner shall be delivered to UNB as set out in (a), above, with a copy delivered to the Director, at: Dr. Ali Ghorbani Faculty of Computer Science University of New Brunswick PO Box 4400 3 Bailey Drive, Room 215, Fredericton, NB E3B 5A3 Phone: (506) 458 7266 Email: Ghorbani@unb.ca Strategic Membership template December 2018 Page 12 of 17 E-lue 13. GENERAL 13.1 Headings: The headings in this Agreement are for ease of reference only; they do not affect its construction or interpretation. 13.2 Assignment: Neither Party may assign or transfer this Agreement as a whole, or any of its rights or obligations under it, without first obtaining the written consent of the other Party. That consent may not be unreasonably withheld or delayed. 13.3 Severability: If any section or part of a section contained in this Agreement shall be judicially held invalid or unenforceable, the remainder of this Agreement shall be interpreted as if such section or part of a section had not been included. 13.4 This Agreement shall not prevent either Party from entering into similar agreements with other companies, universities, governmental or other non-profit organizations. 13.5 Waiver of rights: If a Party fails to enforce, or delays in enforcing, an obligation of the other Party, or fails to exercise, or delays in exercising, a right under this Agreement, that failure or delay will not affect its right to enforce that obligation or constitute a waiver of that right. Any waiver of any provision of this Agreement will not, unless expressly stated to the contrary, constitute a waiver of that provision on a future occasion. 13.6 No agency: Nothing in this Agreement creates, implies or evidences any partnership or joint venture between the Parties, or the relationship between them of principal and agent. Neither Party has any authority to make any representation or commitment, or to incur any liability, on behalf of the other. 13.7 Entire agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter and supersedes all other documents or agreements, whether written or verbal, in respect of the subject matter. Each Party acknowledges that it has not entered into this Agreement on the basis of any warranty, representation, statement, agreement or undertaking except those expressly set out in this Agreement. 13.8 Formalities: Each Party will take any action and execute any document reasonably required by the other Party to give effect to any of its rights under this Agreement, or to enable their registration in any relevant territory provided the requesting Party pays the other Party's reasonable expenses. 13.9 Amendments: No variation or amendment of this Agreement will be effective unless it is made in writing and signed by each Party's representative. 13.10Applicable law: This contract shall be governed by and construed in accordance with the laws in force in the Province of New Brunswick and the applicable laws of Canada. The Parties attorn to the jurisdiction and venue of the courts of New Brunswick in respect of any matter relating to this Agreement. 13.11 Counterparts: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create Strategic Membership template December 2018 Page 13 of 17 0I91 a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 13.12Force Majeure: Neither Party to this Agreement shall be liable to the other for any failure or delay in performance by circumstances beyond its control, including but not limited to, acts of God, fire, labour difficulties, or governmental action. 13.13Successors and Assigns: This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted transferees and assignees. IN WITNESS WHEREOF the duly authorized representatives of the Parties hereto have executed this Agreement as of the Effective Date. [signature page follows] Strategic Membership template December 2018 021 Page 14 of 17 THE UNIVERSITY OF NEW BRUNSWICK CITY OF SAINT JOHN Per: Per: Date: Date: Acknowledgement of Director: I, Ali Ghorbani, the Director, having read and understood this Agreement, hereby agree to act in accordance with all the terms and conditions herein, and further to agree to ensure that all UNB personnel involved in the Work are informed of their obligations under this Agreement and agree to act in accordance with such terms and conditions. Ali Ghorbani, Date Director Canadian Cybersecurity Institute Strategic Membership template December 2018 My Page 15 of 17 Schedule 1 (the "Work") Responsibilities of the Canadian Institute of Cybersecurity (CIC) • Work with the City to assess and evaluate the security measures and identify vulnerabilities and risks to the security of information along with the recommended mitigation's. Areas to be assessed include but are not limited to: o Firewalls o Routers and Switches o Remote Access (VPNs) o WAN/LAN/WiFi Infrastructure o Endpoint security controls (such as Desktop, Laptop, Tablet, and Smart Phones) o Antivirus, Spyware and Malicious code detection o Incident and Response Reporting o IT Policies and Procedures • Support the City in prioritizing actions required to improve security considering risk and cost • Document the results of the Risk Assessment and Vulnerability Analysis • Provide on-going consultation on the implementation of the prioritized actions over 2019 within the hours allotted through the Agreement • Track all hours to ensure the services outlined in the agreement are met Responsibilities of the City of Saint John (CSJ) • Provide access and cooperation in all respects related to the above mentioned work, as appropriate • With a mutual understanding of requirements to complete the above noted work, work through the appropriate purchasing and approval processes to secure any technology or equipment needed • Act as the liaison between any of the City's vendors that may need to be included and/or contacted for the purposes of completing the above noted work Strategic Membership template December 2018 019] Page 16 of 17 Schedule 2: Background IP Partner's Background IP None as of effective date. UNB's Background IP None as of effective date. Strategic Membership template December 2018 SLI Page 17 of 17 COUNCIL REPORT M&C No. 2018-363 Report Date December 10, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement — December 2018 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Acting City Manager Kevin Loughery / Chris Roberts Kevin Fudge/ Ian Fagan Neil Jacobsen RECOMMENDATION It is recommended that Common Council award the purchase of four (4) Tandem Roll -Off Trucks with attachments at a total cost of $1,833,903.72 plus HST to Universal Truck & Trailer. EXECUTIVE SUMMARY The City manages a fleet of 52 heavy trucks utilized by the City of Saint John and Saint John Water. Each year, the City's Fleet Services Division works with various City departments and commissions to identify and replace vehicles which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest tendered vehicles and/or equipment which require Common Council approval. The City currently has over 100 vehicles and equipment past their optimal replacement point (ORP, a calculation based on the age of a vehicle, the odometer reading, overall condition and maintenance cost) and this year, 34 vehicles (some of which are the least reliable and most expensive to maintain) will be replaced through the City's procurement processes. The four (4) tandem roll -off trucks in this recommendation are to replace four (4) tandem plow trucks with combination bodies; units 639, 652, 654 and 656. OR -2 - Unit 639 is a 2005 Sterling Tandem with an ORP index of 33. The lifetime maintenance cost for unit 639 is $404,882.11 with $84,530.93 representing the last two years of use. Unit 652 is a 2009 Sterling Tandem with and ORP index of 29. The lifetime maintenance cost for unit 652 is $334,354.46 with $93,108.83 representing the last two years of use. Unit 654 is a 2006 International Tandem with and ORP index of 48. The lifetime maintenance cost for unit 654 is $395,073.51 with $58,610.39 representing the last two years of use. Due to current expected maintenance costs for an MVI, this unit has been temporarily taken out of service. Unit 656 is a 2009 Sterling Tandem with an ORP index of 31. The lifetime maintenance cost for unit 656 is $402,717.77 with $139,189.58 representing the last two years of use. In all cases, the lifetime maintenance costs have exceeded the initial purchase price of each of these units and the escalating maintenance costs are expected to continue with continued operation. The expected delivery timeframe on the new tandem roll -off trucks is forty-eight (48) weeks. Though these replacements are not a like for like, it is expected the new tandem roll -off trucks will be able to perform the same work as the current tandem trucks. In addition, the new tandem roll -off trucks will provide for a greater variety of work and utilization when compared to the current trucks due to the multiple attachments available. The new tandem roll -off trucks utilize a universal transfer system (USL, quick change system), designed specifically for the municipal road maintenance market. The versatility of this roll off technology allows for fast and efficient changing of attachments. This allows users to better respond to changing conditions. During the winter season, Transportation and Environment Services (TES) have a number of instances, where the weather changes in their favor and allows them to deviate from winter operations and perform construction related work. With the current tandem trucks, with combination bodies, this becomes very cumbersome as these units are winter ready and would require them to be switched back over in order to perform construction type work. The roll off unit will allows TES to switch from winter (combination dump) to construction (square dump) to anti -icing (DLA tank) within minutes and without compromising the other attachments, thus ensuring that TES stays operationally ready for any impending winter event. -3 - During the winter season, currently TES have either trucks with a plow and square dump (plow Truck) or trucks with a plow and combination dump (salter Truck) that can spread salt/sand. This means TES has routes that are being covered by 2 different pieces of equipment, a plow truck to plow the street and a salter truck to salt/sand the street. By standardizing the fleet and ensuring that all trucks can plow and salt/sand, TES will be able to optimize their routes, enable efficiencies in their road maintenance process, reduce repetitive trips by multiple trucks to perform the same tasks and possibly reduce the overall fleet requirements to perform these services. During the construction season, by being able to switch out the combination dump for a standard square body dump, TES will be able to increase their hauling capacity. A combination dump can haul approximately 10 tons of material and the square body dump can haul approximately 13 tons, approximately 1/3 more material. This means that for every 3 square body dumps that are purchased, TES will be able to possibly reduce the overall fleet by 1. This also means for larger operations, such as the asphalt spreader program and larger excavation jobs, it will take less equipment to perform these tasks. Please keep in mind that the winter service is the limiting factor when it comes to reducing the overall fleet numbers. During the off season, maintenance can now be performed on the attachments without the need for the truck to be taken out of service. This will allow Fleet Services to address any maintenance issues with the attachments during the off season and have them ready prior to the intended season, all while the truck is still in service. Lastly, the attachments are expected to last multiple generations (2 or 3 depending on use) of the truck. This means that for the next 1 or 2 generations of the trucks, the City will only need to purchase the truck and not the attachments. This is a possible significant savings over the next few decades. PREVIOUS RESOLUTION Not applicable. 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. AN -4 - SERVICE AND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2018 capital budget. The funds specifically are provided for in the fleet reserve, funded from the operating budget. The specifications allow for vendors to submit proposals of new and/or used equipment to be evaluated using common criteria. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — MATERIALS MANAGEMENT Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for the Tandem Roll -Off Trucks. As such, the RFP closed on August 20, 2018, with the following proponents responding by submitting proposals: East Coast International Trucks Inc. Universal Truck & Trailer A review committee, consisting of staff from Materials Management, Transportation and Environment Services and Fleet Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Presentation and Quality of Proposal 2. Compliance with Specifications 3. Delivery Timeframe 4. Service Response Time 5. Value Added 6. Cost Also in accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial bids were opened and evaluated and corresponding scores were added to the technical scores. As part of the evaluation period, staff spent considerable time ensuring that the proposed vehicles would comply with various technical and legislative requirements. This was a measure of due diligence as the roll -off system contemplated in this procurement represents a new technology to the City. Following this in-depth evaluation period, the proposal submitted by Universal Truck & Trailer was selected as the best proposal, based on an overall rating of the evaluation criteria, offering a strong overall solution for the City at a cost acceptable to staff. 01:3 -5 - The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. ATTACHMENTS https://youtu.be/KdlAlRdAl4s 061 Maintenance Our Street is Short Weare not Loch Lomond Road that is 15 Kms long Our street is 0.3 Km long We are not Rothesay Avenue with hundreds and hundreds of cars travelling back and forth Our street has 16 cars Revenue for the City Revenue for the City ➢Individual Yearly Property Tax bill range from $10,1000 - $30,1000 Revenue for the City ➢Individual Property Taxes range from $10,000 - $30,000/ year );�,Our street generates $145,000 / year in tax revenue Revenue for the City ➢Individual Property Taxes range from $10,000 - $30,000/ year ➢Our street generates $145,000 /year in tax revenue )dn a ten year period our street generates $1,450,000 in property taxes The Infrastructure is in place Weare not asking for sidewalks They have been paid for Weare not asking for street lights They have been paid for Weare not asking for water and sewerage They have been paid for We ask our street designation be changed from Private to Public The Developer seeks No Financial Compensation What is the cost to the city ? The immediate cost to the city would be plowing 0.3km of street In light of our contribution to the city our request is Reasonable Our request is about Fairness Some councillors might argue the City cannot afford to plow any more streets Weare not looking for a hand out Our yearly Property Tax Bills Show That! They More Than Covers The Cost Of Services On the one hand some councillors might say they cannot provide full services to our street On the other hand they eagerly accepting the full ten year property tax level of $11,450,,000 Every municipality is fighting for every new building permit What message does this send to Developers? What message does this send to Realtors? What message does this send to Prospective Home Owners? This situation is similar to going to the gas station. It is kind of like going to a gas Gas Station You pull up to the pumps and fill your tank When you hop back in the car you notice your tank is only %z fUll You look out your window to find There are a bunch of hoses going from your gas tank to ten other cars The fellow who runs the gas station says Sorry That's the way it is When you gas up here Somehow it doesn't feel Reasonable Somehow it doesn't feel Fair Somehow it doesn't feel Right Revenue for the City ➢ Individual Property Tax bills range from $ 10,000 - $ 3 0, 000/ year Revenue for the City ➢ Property Taxes range from $10,000 - $30,000/ year vOur street generates $145,000 / year in tax revenue Revenue for the City ➢ Property Taxes range from $10,000 - $30,000/ year ➢Our street generates $145,000 / year in tax revenue yIn a ten year will generate period our street $10145001000 ✓We Live in the City ✓We Live V'We work in the City in the City ✓We Live V'We work in the City in the City ✓We support local businesses ✓We Live V'We work in the City in the City ✓We support local businesses V'We volunteer in the City Our Request is Reasonable Our Request is About Fairness conclusion we simply asking The City plow 0.3 km Thank you for Reviewing our Request End of Presentation SUBMISSION TO COUNCIL FORM the City of Saint gahn ABOUT PERSON/GROUP First Name: Lily Last Name: Lynch Name of Organization/Group (where applicable): Winter Love SJ Mailing Address: 36 Water Street City or Town: Saint John Province: New Brunswick Postal Code: E21- 5$2 Day Time Phone Number: 506 233 2070Email: winterlovesaintjohn@gmail.com ❑ If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. ABOUT YOUR SUBMISSION Topic of Submission: Winter Love SJ —Approval by Council for Road Closure with combined Special Events Licensing on Saturday, February 9, 2019 (all day event) Purpose for Submission (what is the ask of Council): To facilitate our first annual Winter Love SJ, we are asking Council for their approval for a road closure with liquor licensing for the section of Water Street between King Street and Princess Street. The road closure will enable us to create an atmosphere where the public can participate in the full scope of the festical as listed below. We are in the phases of executing on our plans and have all required forms ready to execute and send however we wanted to bring this forward to Council first. We have already initiated contact with our insurance provider, the Fire Marshal regarding their requirements, the Saint John City Police with regards to our Street Closure application and the Licensing Officer for our Special Events Licensing. We will be submitting these applications once we receive approval by Council. Executive Summary: The mission of Winter Love SJ is to foster a love of winter in the hearts of Saint Johners through bringing community together during a time which can often be isolating and lacking in activities. Our event intends to create an environment for Saint Johners to reconnect in the SUBMISSION TO COUNCIL FORM the City of Saint gahn dead of winter and positively impact wellbeing. To acheive our mission Winter Love SJ is hosting Saint John's first annual snOlympics, a retro snowsuit contest, live music truck, "snow-ga" and an awards event. Sankara's cultural street - food vendors will be on site along with a b(ee)rrrrr garden, roasting Iamb spit (led by a Syrian Chef of Sankara), cozy bonfires, and support from the BunkHaus Hostel + Cafe. The snOlymplics will be sponsored by local businesses, agencies and organizations. We are aiming for 500 attendees in 2019 but hope to grow in years to come. Winterl-ove SJ will add one more reason for suburbanites to consider moving and spending tine in the Uptown core which will only benefit all efforts in creating a vibrant and attractive city for locals and newcomers alike — and through all seasons. Just as Moonlight Bazaar brings community together in the summer, Winter Love SJ will bring us together on February 9t", 2019 on Water Street. We will bring our site plan to the presentation. 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Il o rl /... / r i,Wi„ awl /� r // U ,2 s, �/,%, _n r f „ u r ✓r r/r -. � �. / 1% ,... � �.. �.. � ///, U / .r / ✓ /,,, ,,, , < .,, � / ,lir, ��;, /- o , , /, � � , , Fm�//, r 1, t ! r nl , r W rl l / / ial r_ rr- r r r. rr r r7 1, r r „nl go >w /r /r u. / f / r c r� r" I, / /_✓ m _ / f /. g r r r i _U " / All, /f / // /,� / �" , PROPOSED MUNICIPAL PLAN AMENDMENT RE: 179-185 GOLDEN GROVE RO... Page I of 2 (p SAINT JOHN PROPOSED MUNICIPAL PLAIN WE.79-1.85 G04 DEN GROVEROAD 374)ac 20 8 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 179-185 GOLDEN GROVE ROAD dodke i:a treiaq g�,,,,en ohaz the r-orninion Council Irl 'I "'lisp City 0P Said'. John iniends Crin$,(jer an iniendintenr to 'ithe 7,Iwinlcpal De%leloj:weint Nzi, v,dhich vooulcl � d„ RedeslginNte on S, hed� i le A of ,Ite "I I ltw1po0 Deve9 ojwtle i R 1:1B4n a pail ciel of hand with an area & d,il oKbi Tl,Piloahr 0 , i!5 hecld i es, �caLed at 1 713-!85 Golden Grove koad :11sri idewifled a�i 1:1111 Nos 55057848, 5501578155 and 5520] 750 1::1 oin Slalole Are: to 1rilphoviniall': oil tt'l as atrj :Mplo'v' 2 R edeslq¢tare, olt Schediuo 6 of the P1,N1, the ii,'Came jiwcel rt% laort, fi o,,n SiMfle RusicenlJW to 5zalDe Cniniineicjs0, a" I�tij(hic Irespinoation r�)I: the pi-oposed arriendment v"llf otike Irra,a,n of I equIal" Meeting & Coirin%m Counci nn IHonday, December 17, 2018 in iho col,linn�,„fl Chanfl!rej, I olttt, I e,,el, City I vol I!, REASON FOR CHANGE I o cainsUuct a vehicle l��Yody :1ind Ir,iurl sholt Vvirit1'ell ol!r,ectlolts to the pic pio,l ail)eindvileni! ina�,” te ln':ade to the Cltt�jlnrii" !it Cana oll: the bund eisignstd, January 16, 2010, EinijuiPes T)81:re made at top ciffice 01r the Cit'nuit"in C I LY ': or iSlovy"11 01 dl t', a I sIirrlaI I t I �'A, Deve I a �'�YnpA I 6 50. 1 vices, Cio/ 1 a I, 1 5 iiii ket Square Saint io I m, I4,13 ,-etvveen the haill I a sal" 8: 30 a ani and 4: M l�;r M,„ 'fi:mdav thioiugt ::irida+ nnrluslvp, hol days excojpi',ed, htraoh'�.11 Im Irl Coilliniv,ti ('k'll' f0w. 187 http://www.saintiohn.ca/en/home/news/`publicnotices/`community-planning/proposed-mun... 10/12/2018 CATION t� .... . ...... CIVIC ADDRESS 424 Rd P I D III Uj kill HERITAGE AREA: Y N INTENSIFICATION AREA Y N FLOOD RISK AREk Y N APPROVED GRADING PLAN, ........... . . Y I N APPLICATION DATE RECEpVED: ... . .. . .......... I RECEIVED BY A11 APPLICANT EMAIL PWMr, Scotts Autobody & Collision Ltd. scotttrites@fixauto.com 506-694-8769 z. C) .. .... . ..... MAILING ADDRESS .. ... ............. . ...... .. POSTAL CODE 187 Golden Grove Rd Saint John, NB E21-1 1 X7 C:E.... . ..... EMAk PHONE z............ MAILING ADDRESS . ROSTAIL CODE EMAH Doug Mitton ... . .. . . ... ...... . PHPNE 'C . . .. . ...... n A$ 1 P POS 'AL CODE 185 Golden Grove Rd Saint John, NB E211 1X7 PRESENT USE: PROPOSED USE; . . . . . . . ............ . . . . BUILDING PLANNING INFIRASTRU CrURE HERITAGE rCLxCL t�s N F:ER 11; 101IR RENOVAT 11 NEWCONSTRUCTION [3 VARIANCE [JSTRILILII EXCAVATION 'JUTAGIE D1I.VEL(.IPME'iN7 EX 1ER110111I RIENOVATiliON C] ACCESSORY BLDG Cj P11I ANNIING III :11FTTE1111� 0 DI CULVII.Ii:IT 11"111EIR11 fAGIFS'lIGN C] A0011 RON P010L PAC APP11i 1111I F ] CRAWAGE I-11EIRITAGE. INFIL11, EX , DIECK E] DEMOLITION COUNCIII APP 0 WATER & SEWERAGE I+1:.1IUTAGE()EM0 4U , IIIII CHAN[lk. OF uIS11--SIGN SUBDIV190IN C] OTHER .1 0 MINIMUM STANIDAROS0 10TIHEIR OTHER . . ....... . . ...... .............. Demolish existing house and outbuildings to construct new collision centre I corlseent to the r�JiIy of SaIint Jol'nn sen6n& to rne commerval electromc messages, frorn tiiine to Ume, aegI ICittj IinAiatlhTl andnceiniIyps GII C 'adlevfpvn ilraremeqj I'd I aar,FI'I l M d PW I Pe &nmg L I M'i I I Ip P 'j, I /g �' 1,rrhe $'I it .1 NJ 141 .64n f" d' `No :,l j Pr Ov, 4 1 hf,', "t 4, 014 ", d1 pe'I a 41 "N'I n�"' I l 1"W l 'pak 4 11 piet C , rarl 1" ddi i � r firm p" eg' I om ?'"rwovdm,,b, - hvhn, rhe I John % I Y, '116"1 Mll I I I "Il I'd 11, hh'd pM P fj I I H NU ' V� 1 1, , II l T tnn %e pre f h. I, 'w , F I, " I h, "I I Nrfi I, , 0 uwr' 0 n 11, 1 �, -rr aaw , I I , , d"[' ?I b"I I �'I , 0 , t tjr'H'70 AI e �@ , 1) 0 vs gh � �, I 'r I 'fi , I M'4 e o hp, " r I I ap V I err I a t , d' p '0 — hvy'pheIi I d' uhu Pa 'p" , P. 40e',„ ph , Pru n' In "/'� 4 11 e 11"T" " 'pup I P'n fy"- Ika, h If 01W ?I, , I;, 'I F "', Iz eA, 'I ` aifi' i Xill MIR vwhhm�v l Jlow R t PlU, . . . . . . . . . J, Ine 'Troby Opjv4� I'cx NIP pefmO�r'� ix I III! �PMW NJ`S� iq�II"��(�1'11�� 041','J�e `L1( NIP 1,1113Ik on rgijjj�' `D:11'1„ hi,rVvOt'h submflte'l Hv" �PpDccjaoo I [its h opininpd I Uiluwrrl roP lix,Y0j 4:P,ppicm,ad;5,1 F 4K4ree Vlo cCrjT11,;1Y w4pi Iing p-I'am, aoej I7'rthor Qqrf�[,' 10 Com),xy vvdn "]MrOevnM 'a"I 113Y kjw" ':ynrj '-'ondONOa'a5 drpnseaf By Rhe P m �c I' X5 ?") 0 7 PI' Ilhe 4jj6rjjmr p (!!'nr Cfl! lop, A 1111I — our .................. 188 ........... . rela ell, i a� CouncitApplication Shop* ' !!'M G?OWN , C , (J�niJffY' I J SE,SII . IS CP O SHuI'fl..i ;ni...fll, CIVIC ADDRESS 1$5 Golden Grove Rd APPLICATION # FEE PAfD Y !� .. TYPE OF APPLICATION _ _� r " � Land for Public Purposes Nora Confor a„ pnn g Use .... _.. ,.. Satisfactory � Servicing Release ,Servnice Fee: oink SPrvice Fee;$200 Servir Fee $3010 Section 39 Amendment ZoningBy-law Amendment Zoning By-lair„Amendment with SsMce r s2,,5(k) Service r e 200 a Munici ate' endrnent Service F S ,SiI ) DETAILED DESCRIPTION OF APPLICATION Where apphcable, indicate the changes to existing Section 39 conditions zoning„ or Municipal Plan designation being requested Attach site plans, builldiing elevations, floor playas„ and other do„ncurnen.tation to fuRypdescribe the application, The submission of a pre'l urinary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One -Stop evelloprnent Shap at I',, ) 658•-2911 for further information, Reques ing..currewnt..propg ty.ta. be rezoned to construct am..new collision centre facility ............ . .. .. .. ...... , ..,.... AUTHORIZATION As of the date of this appiition, 1, the undersigned, am the registered owner of the Band described in this ap i!!i�ilication or the authorized agent thereof, and I have exarmrined the contents of this applicabon and hei°elr�y certify that the inforuraahon submitted with the application is correct insofar as I have knowledge of tli�ese farts, and I hereby author4e the applicant to represent thus matter and to provide any add&onal 'tlnforrnation that wHiV be necessary fog° this appl:lo,abon, .... .................................................. eggs,edK,4n-oir ...� Adddti rialRegistered Owner ......... at Date The informabon contained in this appal tion and any documientatloin, unduding plans, drawings, reports, and studies, provided Ili°i support of this application wit become part of the ipublic record. `E:1'1 - Purchase house and two vacant lots — leave the last lot as a buffer zone - Build new shop to handle work flow. Two additions have been added to our current building over the last 7 years, which we have outgrown. - Hire 10-15 more staff to handle workload - Fence in area for a compound for cars under repair so that they are not seen from the road - Lot will be landscaped - We must stay in this area due to our contract with Fix Auto, as all Insurance work goes by postal codes ` - I purchased the existing building in 2009 and have continued to make improvements to the building and land (new siding, windows, roof, aluminum entrance, pavement, landscaping, fenced in yard) to appeal to our neighbors and community - We have had no complaints from the community since being here - We currently have 13 employees - Increased tax base for the City of Saint John - Economical spin-off of hiring new employees `RM / .: l Y AL IMES Y I Ad ij�f a ou«m ;,; %%i////// ,�, ; "", % , ; , ,.,.,n:;,�.l C ('X /i nl �,r , . »��/ a �J al 0.IMmIm��n niaeu riu. rw ,:wwJr:,.^.� -- "/ r / %r ; Jria �+i�swrm er � ow l�a;;..r:w� urr //j/// / ", rfn%// ,, aye.: VG;9 i4 H 17.:+;x.,u7r / fj 9 /i /i; it / ,,, 7w� i.,rar r rm�awm,ram,r7 um w'm�aa^."t eai� �r r/ an ry ry j "FIN %/i; it rata^ <r�rma wn"ma st hon w'ruuar�iraac4or•i / Frr e" �ulry moi; fir /✓ W � r� YP11%Orr rvi u+m e d I rtl'e r4 " I I "rvc,n¢e':m'^y ono alrrary m9 ,;, ; , " `A".`b. °� / /s "�,,,', -,, � , � , ;",!� " r, r �/�r;�� , " � � ;, 5� �� 4i �,a , y, wr'^�NiAwaWgl k� ✓ �. � � . c n s /r, rLPou6"'I� irn , — ///% rino r r � 0 0 1� Jl�, rOlo w� 6 m R CNI hr '11"N 111 xr yyh) r� ,. uu'D �� i/ ,,%'j��;�s,.. vCk MVV', '�' i �:,m rcw,rv,!as ^G�, �r .%., 1 ll . - r/��. r/ ,. � .. ,,.. ref "� 4"YM""'G ., ,,,, ,III/,i''�%:;.�rg„ ..��„� /i„ % ........,,.... �. / °ro /lJ,` „ �r ¢i^��r�,ru�,� „�h rcrr, /�/� /i, w, „ r "pl nor rrr¢ii� sir ff(, ,d j° 1 ,�+rr� ,'� r,✓ Vrrvlir(yw�N.ry r ft, All ",,�+` ``„r' .' ,w' ��' ,, �',%• '°i i o IWr' �,. �� sY / r/ G �..I rym'wli. .�„/,. a,1111r"r, i,UVI I. mYitlilwll �°I:ui: ;k 'I'�';pr re" i, r r O a ui aai„�r7, u,b.. Uxt iia CIMM, vw V uG ��Im°r ur^Iq�u�a"u - �/ r:.n, • e , ,', /,r ri.�/%/;, ^'proNRe� ,stir t a.rir�w� rr, av mr.ur �/,rlbrc � n% ,�w ^�a �w"va r µ« i ��, wmv 111 ^� fi i,ri r /% rr / IIII^,� " r �Il ull..11la° 11"II iV` v/"" f�„ "I X AU I "�,w w+ I °� GaOjjl,.�.q�ll'J GR "aPl dr�w,i �r ir�� ,,;; "�� , �� r�,�� "�„��.�"" ��,"..c; �'��/".� ,�"�—�,,,.r""�• � ;`".;r,�; ..�” �"IU�'I�II �a,��011�41Pi "I�'�II�V d u IMON/P ^Y � SdIII I. V"V.MJ T�j or 7 :ASPIC IIIIJMI i ILII'GIIffh' "(,III y ria y.n au��wa uii irvP "^ ,, i fl a!V" 28 A AM sr ' ; �* ..�„„rw✓r;� ,i °.,n ..,��„ry, aw ... f"in .t�, u rs � ' IYnuRum 01 i,L^Gi r ,Fuauap:Q I.0 Nu H010 RTH GCi`LDEN GROVE ROADclI 191 Reade, Mark From: Fix Auto Saint John East <saintjohneast@fixauto.com> Sent: October -24-18 11:20 AM To: Reade, Mark Subject: FW: New Shop Attachments: LOGO.gif, a0.gif, al.gif, a2.gif, a3.gif, b0.gif, bl.gif, b3.gif, c0.gif, c3.gif, d0.gif, d3.gif, e0.gif, solid line350.gif Importance: High Heire's sormue pic`s of what we woWd Ue to do. Thanks Scott Trutes 654 r0994 col This message was sent from a Bell mobile phone. B.A `&ON A LAW TO AMEND BY-LAW NUMBER BIA-2 BUSINESS IMPROVEMENT LEVY BY-LAW ARRETE MODIFIANT ARRETE N° BIA-2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Be it enacted by the Common Council of Le conseil communal de The City of Saint the City of Saint John as follows: John d&cr&te cc qui suit: The Business Improvement Levy By -Law of The City of Saint John enacted on the third day of January, 2006, is amended by: L'arret& concernant la contribution pour 1'am6lioration des affaires de The City of Saint John d&cr&t& le 3 janvier 2006 et modifi& par: 1 Repealing section 2 thereof and 1 L'abrogation de Particle 2 aux inserting the following: pr6sentes et 1'ajout du texte qui suit : 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2019 upon non-residential property within the Business Improvement Area established by By -Law No. BIA-1 Business Improvement Area By -Law enacted on the 5' day of January, 2004. 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. 2019 and signed by: Mayor/Maire 2 Par la pr&sente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fix&e est impos&e pour 1'ann6e 2018 sur les immeubles non r&sidentiels situ&s a 1'int6rieur de la zone d'am&lioration des affaires &tablie en vertu de 1'Arr&t6 n° BIA-1 relatif a la zone d'am6lioration des affaires edict& le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr&sent arret& * * * * * * * * * 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisi&me lecture - fflez"! BY-LAW NUMBER L.G. -1 A BY-LAW TO PROVIDE FOR SALARIES TO THE MEMBERS OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° L.G. -1 ARRETE CONCERNANT LA REMUNERATION DES MEMBRES DU CONSEIL COMMUNAL DE SAINT JOHN Be it enacted by the Common Council of The City Le conseil communal de The City of Saint John of Saint John as follows: decrete cc qui suit : 1 The Mayor shall be paid an annual salary 1 Le maire touche la remuneration suivante in the amount of $88,000.00 un traitement annuel de 88 000 S. 2 The Deputy Mayor shall be paid an annual 2 Le maire suppleant touche la remuneration salary in the amount of $42,600.00. suivante : des appointements annuels de 42 600 S. 3 Each Councillor shall be paid an annual 3 Chaque conseiller touche la remuneration salary in the amount of $32,600.00. suivante : des appointements annuels de 32 600 S. 4 A by-law of The City of Saint John enacted on the 12th day of December, 2016 entitled "By- law Number M-6 - A By-law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John" and all amendments thereto is repealed on the coming into force of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by-law the day of , A.D. 2018, and signed by: 4 L'arrete de The City of Saint John decrete le 12 decembre 2016 et intitule By-law Number M- 6 - A By-law To Provide For Salaries To The Members Of The Common Council Of The City Of Saint John, ensemble ses modifications, est abroge des Fentree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2018, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - December 3, 2018 Premiere lecture - le 3 decembre 2018 Second Reading - December 3, 2018 Deuxieme lecture - le 3 decembre 2018 Third Reading - Troisieme lecture iL617 BY-LAW NUMBER C.P. 111-65 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoninga parcel of land having an area of approximately 316 square metres, located at 105 Prince Edward Street, also identified as PID Nos. 00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2018 and signed by: Mayor/Maire ARRETE No C.P. 111-65 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6crete ce qui suit : L'arret6 de zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifid par : 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 316 metres carr6s, situ&e au 105, rue Prince Edward, et portant les NID 00012450 et 55122162, de zone commerciale mixte (CM) a zone commerciale gen6rale (CG) conform6ment A une r6solution adopt6e par le conseil municipal en vertu de Particle 59 de la Loi sur Purbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arretd le * 2018, avec les signatures suivantes : . Common Clerk/Greffer communal First Reading - December 3, 2018 Premiere lecture - le 3 d6cembre 2018 Second Reading - December 3, 2018 Deuxieme lecture - le 3 d6cembre 2018 Third Reading - Troisieme lecture - fIL6Z:1 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM 1 DE Mixed Commercial Zone Commerciale CM m ixte TO 1 A General Commercial CG Zone commerciale generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Owen Green Location: 105 Prince Edward Street PID(s)INIP(s): 00012450, 55922162 Considered by P.A.C.Iconsidere par le C.C.U.: November 20 novembre, 2018 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date Dr1"n/Carte Creee: December 7 decembre, 2018 Section 59 Conditions —105 Prince Edward Street That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 326 square metres, located at 105 Prince Edward Street, also identified as PID Nos. 000012450 and 55122162 shall be subject to the following conditions: a. A 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 obtaining a building permit. liRU] BY-LAW NUMBER C.P. 111-66 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1072 square metres, located at 4 Second Street, also identified as PID No. 00026849 from Neighbourhood Community Facility (CFN) to Low Rise Residential (RL) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2018 and signed by: Mayor/Maire ARRETE No C.P. 111-66 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de I'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1072 metres cane, situee au 4, rue Second, et portant le NID 00026849, de zon d'instalations communautaires de quartier (CFN) a zone residentiefle Immeubles d'habitation bas (RL) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur I'urbanisme. - toutes les modifications sont indiquecs sur le plan ci joint et font partie du present arrete. EN FOI DE QUO], The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2018, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - December 3, 2018 Premiere lecture - le 3 decembre 2018 Second Reading - December 3, 2018 Deuxieme lecture le 3 decembre 2018 Third Reading - Troisieme lecture - fiPl%7 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM 1 DE Neighbourhood Community Facility CFN Zone d'installations communautaires de quartier TO 1 A Low -Rise Residential RL Zone residentielle — immeubles d'habitation bas Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Michael Saunders Location: 4 Second Street PID(s)INIP(s): 00026849 Considered by P.A.C.Iconsidere par le C.C.U.: November 20 novembre, 2018 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #IArrete # Drawn By/Crede Par: Andrew Pollock Date Drawn/Carte Crede: December 4 decembre, 2018 200 Section 59 Conditions — 4 Second Street That, pursuant to Section 59 of the Community Planning Act, the use of the parcel of land having an area of approximately 1072 square metres, located at 4 Second Street, also identified as PID Number 00026849, be subject to the following conditions: a. That all signage related to the previous operation of a church be removed previous to the issuance of an occupancy certificate. Wel Received Date November 26, 2018 Meeting Date December 17, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: New Brunswick International Student Program (NBISP) Background: I am requesting that Common Council permit the scheduling of a presentation by Mrs. Debbie Thomas, field representative for NBISP within the Anglophone South School District area. For background, the New Brunswick International Student Program (NBISP) welcomes students between the ages of 11 and 18 from all points of the globe. Our English school system offers an impressive variety of programs and up-to-date classroom technology. The NBISP is managed through Atlantic Education International Inc. AEI was created in 1997 by the province of New Brunswick to deliver real education opportunities to the world community through the Department of Education. Visiting students live with a host family, attend classes with New Brunswick students and participate in extra- curricular and community activities. Fully immersed in the English language, international students develop their language skills and create new and lasting friendships. Supporting this motion, signals Common Council's support to the NBISP in their pursuit to secure qualified host families in our Greater Saint John region. Furthermore, by supporting the scheduling of this presentation we can enrich our community and support our City of Saint John vision of being the most welcoming community in Atlantic Canada. Motion: Refer to the Common Clerk for scheduling. Respectfully Submitted, (Received via email) Greg Norton Councillor (Ward 1) City of Saint John SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I KIN COUNCIL REPORT M&C No. 2018-350 Report Date December 06, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019 General Operating Budget OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Merrithew Hilary Nguyen/Kevin Fudge Neil Jacobsen RECOMMENDATION RESOVED that as recommended by the Finance Committee at its December 6t" meeting: 1. That the sum of $160,257,783 be the total Operating Budget of the City of Saint John for 2019; 2. That the sum of $123,577,054 be the Warrant of the City of Saint John for 2019; 3. That the tax rate for the City of Saint John be $1.785; 4. That Common Council orders and directs the levying by the Minister of Environment and Local Government of said amount on real property liable to taxation under the Assessment Act within the Municipality of Saint John; 5. That Common Council authorizes the Commissioner of Finance and Administrative Services to disburse, at a time acceptable to him, to the named Commissions, Agencies and Committees, the approved funds as contained in the 2019 budget. 6. That Common Council approves the 2019 Establishment of Permanent Positions at 627; 7. That Common Council approves $350,000 to the Growth Reserve Fund to support the City's growth initiatives; 8. That Common Council approve $500,000 to the Capital Reserve Fund to fund infrastructure deficit; 9. That Common Council approve $300,000 to the Operating Reserve Fund to support a Restructuring Plan. 180191 -2 - EXECUTIVE SUMMARY The first draft 2019 General Operating Budget was submitted to Council for Receive and File on November 5t", 2018. On November 28t", the Province released the property assessment and unconditional grant information. The Finance Committee met on December 6t", 2018 to review the revised General Operating Budget which totaled $160,257,783 or $610,419 more than the first Draft Budget. The Finance Committee recommended at its meeting on December 6t" that the revised Budget as presented be sent to Common Council for approval. PREVIOUS RESOLUTION N/A REPORT On November 28t", the Province released the property assessment and unconditional grant information. The City's overall tax base has increased by 1.86%, or $2,257,966. Comparing to other peer cities including Fredericton and Moncton and the surrounding communities, Saint John's growth is the second lowest. The following graph illustrates the tax base growth comparison. 2019 Tax Base Growth The City's Unconditional and Equalization grant has gone up 4.52% or $750,138. With the increase of assessment base of 1.86% and Unconditional & Equalization Grant of 4.52%, the City property tax and unconditional grant revenue combined totals $3,008,104, however, this extra revenue will be offset by a reduction in the 2019 Short Term Provincial Financial Assistance. According to the Funding Agreement signed between the City and the Province of NB, the financial assistance in 2019 ($8,912,315) is calculated based on the assumptions that the City's tax base growth is 1% and the Unconditional Grant remains unchanged. f►�iL1 -3 - Applying these assumptions, the Provincial Financial Assistance should be reduced by $1,794,913. In November, WorkSafeNB announced that the Workers' Compensation rate would go up and the increase is likely to be significant. At this time, the City has not been advised of the new rate. The revised Budget includes a 0.5% increase in the fringe benefit percentage to cover the potential increase in Workers Compensation premiums. The following table compares the revised Budget to the previous Budget which was submitted to Council on November 5th The additional revenues totaling $610,419 have been allocated to the followings: M9191 Final Budget First Draft Difference Property Taxes 123,577,054 121,925,686 1,651,368 Unconditional Grant 17,353,344 16,603,206 750,138 Financial Assistance 7,117,402 8,912,315 -1,794,913 PILT 3,826 3,826 Surplus 2nd previous year 86,557 86,557 Own Source Revenues 12,119,600 12,119,600 Revenues 160,257,783 159,647,364 610,419 Growth & Development 11,415,903 11,413,782 2,121 Public safety 57,061,724 56,844,078 217,646 Transportation 45,108,730 45,044,351 64,379 Finance & Admin 8,985,886 8,943,267 42,619 Corporate Services 8,318,049 8,228,844 89,205 Other Charges 29,367,491 29,173,042 194,449 Expenses 160,257,783 159,647,364 610,419 The additional revenues totaling $610,419 have been allocated to the followings: M9191 -4 - The 2019 Proposed General Operating Budget allocates funds to Council's strategic priorities. The budget maintains the same tax rate ($1.785) for the 111h consecutive years. STRATEGIC ALIGNMENT The 2019 Proposed General Operating Budget aligns with Council's Priorities. SERVICE AND FINANCIAL OUTCOMES Frontline service levels have been maintained. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Considerable input has been received from all service areas. ATTACHMENTS 2019 Proposed General Operating Budget WIN Budget Allocation Fringe Benefit Increase (Workers' Comp.) 343,307 Police's Budget Adjustment 40,000 Market Square Common Area Costs -12,214 Capital from Operating 194,449 Mayor's & Council's salary adjustments 44,877 Total 610,419 The 2019 Proposed General Operating Budget allocates funds to Council's strategic priorities. The budget maintains the same tax rate ($1.785) for the 111h consecutive years. STRATEGIC ALIGNMENT The 2019 Proposed General Operating Budget aligns with Council's Priorities. SERVICE AND FINANCIAL OUTCOMES Frontline service levels have been maintained. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Considerable input has been received from all service areas. ATTACHMENTS 2019 Proposed General Operating Budget WIN The City of Saint John 2019 GENERAL OPERATING BUDGET City of Saint John 2019 Budget 2018 Approved Budget 2019 Proposed Budget REVENUES 4,580,298 4,670,391 Property taxes 121,319,088 123,577,054 PILT Adjustment - 3,826 Financial Assistance 4,717,196 7,117,402 Equalization & Unconditional Grant 16,603,206 17,353,344 Surplus 2nd previous year 1,338,515 86,557 Growth & Community Development Services 2,503,571 2,507,734 Public Safety Services 1,887,022 1,695,896 Transportation & Environment Services 3,982,308 4,060,970 Finance & Administrative Services 3,654,886 3,743,000 Corporate Services 85,000 112,000 TOTAL REVENUES 156,090,792 160,257,783 EXPENDITURES Growth & Community Development Services 4,580,298 4,670,391 Growth & Community Planning Services Growth & Community Planning Services 1,730,540 1,788,905 One Stop Development Shop Services 350,000 350,000 Heritage Conservation 181,551 190,936 Permitting & Inpection Service & By -Law Compliance 2,142,814 2,149,294 Infrastructure Development 525,393 541,256 Urban Development Service Market Square - Common Area Arts & Culture Cultural Affairs Imperial Theatre KIYA 2,195,207 2,182,993 117,030 355,850 108,347 360,205 1 4,580,298 4,670,391 Economic Development Service Economic development agencies Growth Reserve Fund 350,000 350,000 Regional Economic Development (Enterprise) 475,000 475,000 Develop Saint John 821,002 821,002 Destination Marketing Organization 1,033,495 1,033,495 2,679,497 2,679,497 Saint John Trade and Convention Centre 638,899 625,570 Harbour Station 483,513 588,525 3,801,909 3,893,592 Urban Development Service Market Square - Common Area Arts & Culture Cultural Affairs Imperial Theatre KIYA 2,195,207 2,182,993 117,030 355,850 108,347 360,205 1 The City of Saint John 2019 GENERAL OPERATING BUDGET City of Saint John 2019 Budget 2018 Approved Budget 2019 Proposed Budget Saint John Arts Centre 83,938 84,125 Arts & Culture Board 70,000 70,000 Public Art - Maintenance and Repair 10,000 10,000 Acadian Games - 19,750 Remembrance Day Ceremonies 1,500 1,500 New Year/Canada Day Celebrations 15,000 15,000 Total Growth & Community Development Services 653,318 11,230,732 668,927 11,415,903 Public Safety Services 2,348,975 2,292,512 Fire Rescue and Suppression Service 23,718,678 24,601,147 Water Supply and Hydrants 2,300,000 2,600,000 Emergency Management Service 307,729 333,939 Police Services 25,689,293 26,058,539 Public Safety Communications 2,427,079 2,497,099 Street Lighting 943,000 971,000 Total Public Safety Service 55,385,779 57,061,724 Transportation & Environment Service Roadway Maintenance Service Snow Control Streets 5,720,664 5,781,383 Street Cleaning 1,333,980 1,670,600 Utility Cuts 748,350 739,079 Street Services - Surface Maintenance 5,276,171 6,122,629 13,079,165 14,313,691 Sidewalk Maintenance Service Snow Control Sidewalk 1,218,951 1,102,170 Sidewalk Maintenance 790,995 705,582 W91-13 2,009,946 1,807,752 Pedestrian & Traffic Management Service 2,348,975 2,292,512 Stormwater Management 3,785,485 3,570,935 Solid Waste Management 3,764,178 3,722,605 Engineering 533,278 553,919 Parks & City Landscape Parks Maintenance 2,780,807 2,769,755 Lifeguards 170,000 173,400 Urban Forestry 306,691 309,178 2 W91-13 The City of Saint John 2019 GENERAL OPERATING BUDGET City of Saint John 2019 Budget 2018 Approved Budget 2019 Proposed Budget Mispec 5,000 5,000 Saint John Horticultural Association 40,000 40,000 3,302,498 3,297,333 Sports & Recreation Facilities Service 1,102,413 583,943 Arena Operation and Maintenance 1,567,165 1,661,801 Sportsfield Operation and Maintenance 1,319,091 1,429,986 Other Facility Operation and Maintenance 434,602 437,476 Minor Hockey Subsidy 173,000 173,000 Lord Beaverbrook Rink 159,382 159,382 Aquatic Centre 464,820 541,837 4,118,060 4,403,482 Neighbourhood Improvement 1,102,413 583,943 Community Development 518,408 453,028 Neighbourhood Development 152,000 152,000 Loch Lomond Community Centre 45,000 45,000 PRO Kids 121,183 122,371 836,591 772,399 Community Development Service Grants Community Grant Program 179,721 179,721 Library 488,150 497,000 667,871 676,721 Recreation, Parks and Cultural Programming 1,102,413 583,943 Recreation Programming 674,401 653,332 Contracted Service - Boys and Girls Club 133,838 135,844 Contracted Service - YMCA-FGCC/MCC 162,751 133,623 Contracted Service - North End Community Centre 160,568 164,614 PlaySJ Recreation Programming Grant 15,000 15,000 Parking Service (Administration Support) Transit Service 1,146,558 1,102,413 583,943 617,565 7,543,954 7,977,405 Total Transportation & Environment Service 43,720,502 45,108,732 Finance and Administrative Services Financial Management Service Finance W916.1 1,746,323 1,748,875 3 The City of Saint John 2019 GENERAL OPERATING BUDGET City of Saint John 2019 Budget 2018 Approved Budget 2019 Proposed Budget Assessment 1,318,538 1,343,078 3,064,861 3,091,953 Asset Management 649,203 744,508 Purchasing & Materials Management 1,115,837 1,113,424 Insurance Service 149,458 203,081 Liability Insurance 304,000 304,000 Facilities Management 1,323,653 1,436,427 City Market 1,084,324 986,126 Carpenter Shop 351,431 357,107 City Hall Building 1,892,991 1,225,384 Real Estate 216,717 268,384 6.438.411 5.893.933 Total Finance and Administrative Services 9,503,272 8,985,886 Corporate Services 649,203 744,508 City Manager 692,386 680,822 Legal Department 746,406 804,192 Common Clerk 569,921 583,705 Human Resources 1,463,712 1,520,515 Strategy, Continuous Improvement & Performance Reporting 592,568 607,996 Corporate Communications 438,613 445,602 Information Technology 2,273,965 2,512,414 Geographic Information Systems 466,996 380,821 Regional Services Commission 34,269 37,474 Mayor & Council Mayor's Office 176,000 210,318 Council 473,203 534,190 4 Palo] 649,203 744,508 Total Corporate Services 7,928,039 8,318,049 Other Charges Fiscal Charges 16,709,579 16,917,646 Long Term Disability 1,022,300 845,692 Pension 9,588,000 9,574,000 PILT Adjustment 804 - Capital from Operating 467,687 730,151 Infrastructure Deficit - 500,000 4 Palo] The City of Saint John 2019 GENERAL OPERATING BUDGET City of Saint John 2018 Approved 2019 Budget Budget Landfill Closure Restructuring Plan 2019 Proposed Budget Others 534,098 200,000 Total Other Charges 28,322,468 29,367,489 TOTAL EXPENDITURES 156,090,792 160,257,783 5 211 2019 General Operating December 17,2019 SAINT JOHN PAM 2019 Budget Context Sustainability 88% of the Adjustment is for the increase in Workers Compensation Premiums (57%) and increase in Capital from Operating (31%); Property Taxes 123,577,054 121,925,686 1,651,368 Unconditional Grant 17,353,344 16,603,206 750,138 Financial Assistance 7,117,402 8,912,315 -1,794,913 PILT 3,826 31826 Surplus 2nd previous year 86,557 86,557 Own Source Revenues 12,119,600 12,119,600 Revenues 160,257,783 159,647,364 610,419 Growth & Development 11,415,903 11,413,782 2,121 Public safety 57,061,724 56,844,078 217,646 Transportation 45,108,730 45,044,351 64,379 Finance & Admin 8,985,886 8,943,267 42,619 Corporate Services 8,318,049 8,228,844 89,205 Other Charges 29,367,491 29,173,042 194,449 Expenses 160,257,783 159,647,364 610,419 (P - SAINT' JOHN Municipal Taxatio Reform: Accessin new and diversifie• revenue streams is critical to the sustainabty of th City; Municipal Tax Base Compound Annual Growth Rate 2013-2019 3.50% 3.04% 3.00% 2.50% 2.24% 2.00% 1.50% 1.00% 0.74% 0.50% 0.00% Fredericton Moncton Saint John 2019 Tax Base Growth 4.50% 4.15% 4.00% 3.849 3.419'a 3.50% 3.12% 3.00% 2.50% 2.00% 1.86% 1.50% 1.00% 0.779' 0.50% 0.00% Saint John Fredericton Moncton Quisparnsis Rothesay Grand lBay- Westfield .................................................................................................................................................................................................... 2 1 6 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ SAINT' JOHN 9,000,000,000 8,000,000,000 7,000,000,000 6,000,000,000 5,000,000,000 4,000,000,000 3,000,000,000 2,000,000,000 1,000,000,000 0 Assessment Base 2000 Tax Base 2019 Tax Base Saint John Moncton Fredericton City 2000 Tax Base 2019 Tax Base Saint John 3,560,692,965 6,923,084,249 Moncton 3,020,849,698 8,371,165,050 Fredericton 3,067,724,255 7,303,077,073 217 SAIG*T1' 7(7HN Industria Commercial, Institutional & Other Taxes, 22% 2019 Tax Revenue Breakdown PAF -11 Residential Taxes, 61% (P - SAINT' JOHN 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% -2.00% -4.00% -6.00% -8.00% Commercial IIIIIIIIIII Industrial Institutional & Others Residential 10.05 -6.70% PA &61 (P - SAINT' JOHN City"s biggest challenge to addressing the Structural Deficit is the escalation of wages and benefits exceeding revenue growt] Chainge in Budgeted Wages & Beinefits Chainge in Budgeted Tax Revenue 111111111111111111111 !!, 11111 11 1 1,17 ililifillill III �Ill 6: 01 1, 11 Z I p t I I Zi .1 fill I•-!? I 111 111 111 111 PIXII $8.9M 4 iiiiiiiiiii Chainge in Budgeted Tax Revenue 0 Chainge in Budgeted Wages & Beinefits G -R SAINT' JOHN 90.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Salaries & Benefits (excluding pension & LTD) as a % of Revenue Budget 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 221 (P - SAINT' JOHN Local 486 149 Loca I 24% 2018 Wages Non Union 14% � Loca 118 7A0/ ruiILtf Association 24% • Minimum Numbers in Workforce • No Contracting Out Clauses • No Layoff Clauses • Binding Arbitration • Shift Requirements 11 222 P- ,SAINI"JOHN Debt and Infrastructure Conclusion 225 SAIG*T1' 7(7HN COUNCIL REPORT M&C No. 2018-353 Report Date December 10, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Reserves OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Merrithew Hilary Nguyen/Kevin Fudge Neil Jacobsen RECOMMENDATION It is Recommended that Common Council approve the transfer of: • $400,000 to an Operating Reserve to cover the potential increase in WorkSafeNB premiums; • $400,000 to the General Capital Reserve to fund infrastructure deficit; • $500,000 to an Operating Reserve to fund the demolition of the Coast Guard Administration Building in 2019; • $100,000, which is the amount needed to complete the Market Slip Dredging to an Operating Reserve to be used in 2019; • $1 Mil which is the projected surplus in the Utility Operating Fund to the SCDW project reserve fund; • Any fluctuation in the value of the City's employee benefit programs due to actuarial gains to an Operating Reserve annually in order to fund future losses; • Approve the "Reserve Schedule A" included in this report. EXECUTIVE SUMMARY The Reserve Policy was approved by Common Council on December 11, 2017. The purpose of the Reserve Policy is to address longer term funding strategies to minimize debt servicing costs, address the infrastructure deficit, and mitigate the effect of unanticipated events. Permitted uses of reserves according to the Reserve Policy are: WOU -2- 1 Major unanticipated/unforeseen events; 2 Major Capital renewal; 3 Future Liabilities; 4 One time operating expenses which are greater than $100,000 and are not part of the recurring operating budget; 5 Infrastructure deficit; and 6 Investment in growth opportunities. In addition to the Reserve Policy, the City has to comply with the Provincial Reserve Fund Regulation which prescribes that the establishment, funding and withdrawal of Reserve funds can only be done through resolutions of Common Council before the end of each calendar year. In alignment with the City's Reserve Policy, this report includes recommendations to transfer: • $400K to an Operating Reserve for WorkSafeNB premiums increase; • $400K to the General Capital Reserve to fund Infrastructure deficit; • $500K to an Operating Reserve to fund the demolition of the Coast Guard Administration Building in 2019; • $100K to an Operating Reserve for the completion of the Market Slip Dredging in 2019; • $1 Mil to the SCDW project Capital Reserve; • Any fluctuation in the value of the City's employee benefit programs due to actuarial gains to an Operating Reserve annually in order to fund future losses. To comply with the Provincial Legislation, Staff recommend that Common Council approve the total amounts of contribution to and withdrawal from the Reserves as detailed in the Schedule A included in this report. The reserve report was presented to the Finance Committee at its meeting on December 6t". The Committee approved the report as presented and recommended the report be sent to Common Council for approval. PREVIOUS RESOLUTION N/A REPORT The Reserve Policy was approved by Common Council on December 11, 2017. The purpose of the Reserve Policy is to address longer term funding strategies to minimize debt servicing costs, address the infrastructure deficit, and mitigate the NOW -3 - effect of unanticipated events. Permitted uses of reserves according to the Reserve Policy are: 1 Major unanticipated/unforeseen events; 2 Major Capital renewal; 3 Future Liabilities; 4 One time operating expenses which are greater than $100,000 and are not part of the recurring operating budget; 5 Infrastructure deficit; and 6 Investment in growth opportunities. In addition to the Reserve Policy, the City has to comply with the Provincial Reserve Fund Regulation which prescribes that the establishment, funding and withdrawal of Reserve funds can only be done through resolutions of Common Council before the end of each calendar year. Currently, the City has the following reserves: • Operating Reserves: 1. General Operating Reserve 2. Growth Reserve • Capital Reserves: 1. General Capital Reserve 2. Fleet Reserve —General Fund 3. Fleet Reserve — W&S Utility Fund 4. Computer Reserve 5. Utility Capital Reserve for Safe, Clean, Drinking Water Project 6. Utility Infrastructure Reserve. The reserves have been managed in accordance with the Reserve Policy. During the year, withdrawals from the reserves were approved by Council in advance on a case by case basis and the reserves have been used for their intended purposes. Reserve for Workers' Compensation: In November, WorkSafeNB announced that the Workers' Compensation rate will go up and the increase is likely to be significant. The impact on the City's budget can be as high as $1 Mil. It is difficult for the City to absorb the full cost in one year, therefore, Staff recommend that the City transfer $400K from the City's contingency budget to an Operating Reserve to fund future increases in Workers Compensation premiums. Reserve for Infrastructure deficit: Based on the City's 2016 State of the Infrastructure Report (SOTI) prepared by R.V Anderson in August 2017, the infrastructure deficit for the General Fund was PIM] -4 - estimated at $219.4 Mil. Although the estimate was done at a high level, it reflects the magnitude of infrastructure backlog due to insufficient capital funding over many years. Staff recommend that $400K from the 2018 projected surplus be transferred to the General Capital Reserve to fund Infrastructure deficit. Reserve for Market Slip Dredging The City budgeted $142K for the Market Slip Dredging in 2018. The project is underway, however, will not be completed before the end of the year. Staff recommend that $100K be transferred to an Operating Reserve to pay for the outstanding portion of the project in 2019. Reserve for Fluctuations in Employee Benefit Programs due to Actuarial Gains or Losses: Pursuant to the Public Sector Accounting Standards, the City is required to have actuarial valuations done for the City's benefit programs such as Heart & Lung, Retirement Pay or disability pensions at the end of each year to determine the value of the City's liabilities associated with the employee benefit programs. The actuarial valuations have been done by a Professional Firm called "Aon". As a result of the actuarial valuations, the value of the City's liabilities related to the employee benefit programs can fluctuate due to various factors among which is the discount rate. If the discount rate goes up, the value of the liabilities will go down and vice versa. The accounting entries to record these fluctuations can cause significant negative or positive impacts to the City's budget. For example, the impact of the benefit true -up entries was a $1.5 Mil charge to the City's budget in 2014. For 2018, staff was advised that it is likely that the discount rate at December 31, 2018 would go up 0.40% compared to 2017 which may result in a positive impact on the City's budget of $600K -$800K. Given the actuarial gains or losses are unrealized and the fluctuation in discount rates is beyond control of the City, Staff recommend that going forward all actuarial gains be put in an Operating Reserve to offset future actuarial losses. Saint John Water proiected surplus: Saint John Water has prepared a year end projection based on actual results at October 31, 2018 and estimated revenue and expenditures for the remaining two months. The Utility is currently estimating a surplus of $1,138,257 (2.38%) variance for the year. Meter revenue continues to have the largest variance along with interest revenue which is due to higher interest rates than budgeted for. Drinking water has the largest variance and is mainly due to earlier than anticipated startup of the Eastside Water Treatment plant. Wel -5 - Due to the outstanding financial risk of the Safe Clean Drinking Water project; staff recommend that $1 Mil of the operating surplus be transferred to the SCDW reserve fund. The following schedule summarizes the amounts of contribution made to and withdrawal from each reserve account and the projected balance of each account at the end of the year. It is important to note that the numbers in the schedule below include estimates for November and December transactions and an assumption that Council approves the above reserve recommendations. Therefore, the final numbers can be different from the estimates. Reserve Schedule A Reserves Opening Balance ($) Contribution to ($) Withdrawal from ($) Ending Balance ($) General Operating Reserve 3,123,777 1,057,732 4,181,509 Benefit Fluctuation Reserve 600,000 600,000 Growth Reserve 183,000 350,000 49,980 483,020 General Capital Reserve 1,100,000 420,330 1,520,330 Fleet Reserve - General Fund 1,255,650 2,655,298 1,249,132 2,661,816 Fleet Reserve - Utility Fund 915,377 510,519 97,359 1,328,537 Computer Reserve 1,151,092 1,029,530 631,390 1,549,232 SCDW Utility Capital Reserve 12,357,232 6,569,887 18,927,119 Utility Infrastructure Reserve 313,905 5,801 319,707 Total 20,400,033 13,199,097 2,027,861 31,571,269 Due to the timing of vehicle deliveries and cash flow, fleet reserve balances at year end are higher than projected. However, the fleet reserve balances will go down once vehicles are delivered and payments are made. The SCDW Utility Capital Reserve will be used up next year once the project is substantially completed. The General Capital Reserve will be used for the City Hall renovation and fit -up as approved by Council in the 2019 Capital Budget. The General Operating Reserve will be used to pay for the Coast Guard site Administration building demolition and the Market Slip dredging. As a result, the City's total reserve balance is projected to be significantly lower at the end of 2019. STRATEGIC ALIGNMENT This report aligns with Council Priorities. SERVICE AND FINANCIAL OUTCOMES This report is aligned with Common Council's approved Reserve Policy. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from other service areas. ATTACHMENTS N/A P49191 COUNCIL REPORT M&C No. 2018-354 Report Date December 10, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Transit Building Fund Reserve OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager David Merrithew Ian MacKinnon Kevin Fudge Neil Jacobsen RECOMMENDATION It's recommended that Common Council authorize the transfer of $100,000 into the Transit Building Reserve Fund as a result of the estimated 2018 year end operating surplus. EXECUTIVE SUMMARY The following report was presented to the Finance Committee at its meeting on December 6t", 2018. The Committee recommended that Common Council approve the transfer of $100,000 from Transit's 2018 projected operating surplus to the Transit Building Reserve Fund. PREVIOUS RESOLUTION N/A REPORT It should be noted the following projections are based on best estimates as at October 31, 2018. While there are no significant events that have come to the attention of the Transit management team to require modification of these estimates, actual year-end results may differ depending on ridership revenue as well as other unexpected events. 231 -2 - Based on the October year to date results and projections, the Transit operating position is presently projected to be in a surplus position at year-end of approximately $130,000. The overall cost of operations is trending toward a surplus of approximately $130,000 which includes: Transportation, Maintenance, Building, Administration and Revenue. Council approved in 2017 the establishment of a Transit Building Reserve Fund. The Transit building is close to 11 years of age and there are no major projects pending or identified, however, funding a building reserve is extremely important in order to have money set aside cover major capital replacements in the future. It is recommended that Common Council approve the transfer of $100,000 from Transit's current year operating surplus to the Transit Building Reserve Fund. STRATEGIC ALIGNMENT This report aligns with the City's asset management plan and Councils priority of being fiscally responsible. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input has been received from all relevant Service Areas ATTACHMENTS nst attachments here or tYpe None nC n o attachments. 09% COUNCIL REPORT M&C No. 2018-360 Report Date December 12, 2018 Meeting Date December 17, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Finance Committee Report, Coast Guard Administration Building 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/lan Fagan m I Neil Jacobsen RECOMMENDATION Recommend that Common Council; • Recommend to approve the transfer of $500,000 of the projected 2018 General Operating Fund surplus to the General Operating Reserve Fund to partially fund demolition work in 2019; • Recommend to allocate $500,000 approved in the 2018 Capital Budget for Growth to fund demolition work in 2019; • Direct staff to negotiate a Memo of Understanding with the Saint John Parking Commission for the management and operation of the parking lot at the former Coast Guard Site; • Direct staff to proceed with application to PAC to obtain a temporary parking lot and comply with conditions set out by PAC; • Direct City pro -rata portion of proceeds from parking revenue be used to replenish the General Operating Reserve Fund used to pay for demolition; EXECUTIVE SUMMARY The Coast Guard Administration building is now vacant and the City must determine the best use for the property. The current plan for the Coast Guard site includes a new museum and the expectation is this investment will be the P4dc3 -2 - catalyst for the complete redevelopment of the Coast Guard Site. DevelopSJ engaged Real Estate Consultants Turner Drake & Partners (Turner Drake) to evaluate the market value of the administration building and site and to provide a letter of opinion on use of the site. In addition to the Turner Drake letter, staff performed an analysis on other options for the building. The recommendation is to demolish the building and prepare the site for sale. The recommendation has been unanimously approved by both the Finance and Growth Committees and a public consultation with the Neighborhood Action Team garnered support for the recommendation. PREVIOUS RESOLUTION None REPORT A letter of opinion was received from Turner Drake to understand the potential market value of the site which includes both land and the Coast Guard Administration building. The report values the property with a cleared site, building demolished, site remediation and seawall upgrades at $3.5 million market value. The report intentionally did not assign a market value for the existing building, as it was determined that a private redevelopment scenario was financially infeasible given that the redevelopment of the building could not absorb the costs of the required infrastructure improvements (seawall & soil remediation) and would not generate enough tax base to provide a return on investment for government to undertake the infrastructure improvements. In addition to the information received from Turner Drake, City staff performed a scenario analysis on other potential options for the site. Two additional scenarios staff analyzed were to keep the building vacant until a seller could be found or reinvest capital into the building to be able to lease out space until a seller could be found. Scenario: 1 Reinvestment in building and lease/sell site Costs: Upfront Capital (does not include annual maintenance) 1- Building Envelop - Roof and windows: $600,000 2- Building Mechanical and HVAC Systems: $1,500,000 3- Building Electrical System: $500,000 4- Other such as plumbing and elevator: $300,000 Total: $2,900,000 WEE -3 - The figures do not include potential aesthetic improvements that may be needed to be able to market the building to potential tenants. It was quickly determined that this is not a feasible option for the City. The investment in the site is significant and without a known market or potential buyer/lessor of the site, the return on investment cannot be reasonably determined. There is no guarantee on attracting businesses to lease the space considering Saint John has a high commercial vacancy rate. In addition, a refurbished building could potentially limit the market for potential developers of the site. Recovery of the investment costs into the building would be very difficult to obtain without a special purchaser which could take a significant amount of time to find. Scenario: 2 Maintain Building in current condition and lease/sell site Staff analyzed the feasibility of maintaining the building in its current state until a buyer can be identified. The annual costs for the building was estimated to be greater than $150K per year and would include property taxes, snow plowing, heating, and security. Under this scenario the City could be paying the annual costs for an unlimited period as it is unknown how quickly the building could be sold. These annual costs would be a sunk cost for the City and there is limited chance of recovery of this money through the sale of the property. Also, according to Turner and Drake, selling the building "as is" would not be economically feasible due to the significant infrastructure challenges facing the property. Scenario 3: Demolition of the Coast Guard Building Under the letter of opinion provided by Turner and Drake, the demolition of the Coast Guard Building could cost upward to approximately $1.0 million but the potential market value is estimated to be $3.5 million with seawall refurbishment, and site remediation. The demolition of the building will have a transformational impact on not only the former Coast Guard Site, but for the entire Uptown and Waterfront area. The building is awkwardly positioned on the property, limiting its long term development potential. It is estimated that the full build -out of the site as a high density, mixed use project could generate up to $150 Million in New tax base. The demolition of the current building is required to leverage this investment. When considering the potential parking revenue and cost avoidance to maintain the building, there is a positive business case for demolition. The cost of demolition is estimated to be approximately $1.0 million and there would be a reduction of annual expenses of $150K and annual new parking revenue of $100K. This results in a payback period of 4 years to recover the demolition investment. -4 - Recommendation Staff is recommending the Coast Guard administration building be torn down at an approximate cost of $1.0 million dollars. This scenario along with site remediation and seawall upgrades would make this site quite marketable to a regional or national investor according to Turner Drake. The City through discussions with Saint John Parking Commission have determined that annual parking revenues based on the vacant building space could bring in an additional $100K per year. The parking revenue assumption is conditional on PAC temporary approval to operate a parking lot and some beautification may be required as a temporary measure until site development. The financial assumptions built in for tear down of the building, regardless of whether the Museum is developed or not, make this recommendation the best financial scenario with the least amount of risk for the City moving forward until a purchaser is found. Staff is recommending that Finance Committee support the funding strategy of transferring $500K of the projected 2018 General Operating Fund surplus into a Reserve to pay a portion of the demolition cost in 2019. Also, staff is recommending that the balance of the demolition be funded from the $500K Neighborhood plan capital budget approved in the 2018 General Fund Capital budget after engagement with the neighborhood action committee. Lastly it is recommended all City net revenue generated from parking at the entire Coast Guard site be directed back into a reserve to replenish funds used for demolition cost and future cost associated with the site. STRATEGIC ALIGNMENT Common Council has adopted an ambitious new direction to achieve new population, employment and tax base growth for the community, which are embedded in Council Priorities 2016-2020, the Roadmap for Smart Growth, the Population Growth Framework and soon to be completed Neighborhood Plan for the Central Peninsula. All these strategies are premised on the City's ability to enhance density in the City's primary development areas and to invite catalytic projects that will cause spin-off investment and growth. SERVICE AND FINANCIAL OUTCOMES The Central Peninsula Neighbourhood Plan focuses significant attention on the development potential of the Coast Guard site. Located at the doorstep of the City's Uptown, it is positioned for large scale, catalytic development which will 18491.1 -5 - propel the area into a stronger and increasingly exciting urban environment. The siting of the New Brunswick Museum is the first step in the creation of a more dynamic and inviting public space along the City's waterfront. Concept plans for the area detail a mixed-use, pedestrian friendly gateway into the City's Uptown Waterfront with the Coast Guard site central to bridging the gap between the active Market Slip and the Port's Marco Polo Terminal. Preparing the site for redevelopment is strategic to leveraging private investment in an area considered to be vital to the success of the Neighbourhood Plan and, more importantly the growth of the City's centre. The cost of demolition is estimated to be approximately $1.0 million and there would be a reduction of annual expenses of $150K and annual new parking revenue of $100K. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from Develop SJ, Saint John Parking Commission, Growth and Development, Finance and Administration services and all areas are in full support of the recommendation to demolish building. ATTACHMENTS Neighbourhood Plan Big Move - Uptown P49YA P4c1:3 December 17, 2018 Deputy Mayor and Councillors Subject: Recommended 2019 Management/Professional Employee Annual Economic Increase The Committee of the Whole, having met on December 17, 2018, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on December 101h, 2018 Common Council approve a 1.5% annual economic adjustment to the City's Management / Professional Pay Scale, effective January 1, 2019, and direct staff to reflect this adjustment within the 2019 operating and utility budgets. Sincerely, Don Darling Mayor GO - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1971 Saint John, N. -B. Canada E2L 4L1 18191%7 December 17, 2018 Deputy Mayor and Councillors Subject: Mayor's Office Executive Assistant The Committee of the Whole, having met on December 17, 2018, made the following recommendation: RESOLVED that the Committee of the Whole recommends Common Council authorize the Mayor and Common Clerk to execute a contract of employment with Mr. Patrick Beamish, the text of which contract follows the terms and conditions of the contract of employment for Ms. Jacqueline Isada, with the term of employment to commence December 18th, 2018 and expire on the day immediately preceding the first meeting of the Council elected in the quadrennial election of May 2020. Sincerely, r Don Darling Mayor (P*-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca w CA 1471 Saint John, N. -B. Canada E2L 4L1 PZIIK THIS EMPLOYMENT CONTRACT made in duplicate this 18 th day of December, 2018. BY AND BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City" OF THIS FIRST PART -and- Patrick D. Beamish of 4 Grove Ave Saint John, New Brunswick E2K2E6, hereinafter called the "Employee" OF THE OTHER PART WHEREAS the Common Council of the City has determined it to be in the best interest of the City to employ an individual to provide staffing support to the Mayor and, at the Mayor's discretion, to other members of Council on an equitable basis; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and other valuable consideration, the receipt whereof is hereby acknowledged, agree each with the other as follows: 1. The Employee hereby agrees to discharge the duties and responsibilities and perform the functions outlined in the Job Description attached hereto and forming a part hereof as Schedule "A". 2. In addition to the functions outlined in Schedule "A", the Employee hereby acknowledges that as a result of his position under this agreement, he shall become aware of certain confidential and/or proprietary information of the City. The Employee agrees to maintain in strict confidence and not to disclose, directly or indirectly, to any person, firm, corporation, consortium or other entity whatsoever any information of a confidential and/or proprietary nature (whether verbal, written or communicated in any other form or medium whatsoever) which he receives as a result of his position with the City. For greater clarity, it is understood that the confidentiality obligations contained herein are subject to any disclosure required by law. It is also understood that information which forms part of the public domain shall not be considered confidential information for the purposes hereof provided that such information did not enter the public domain as a result of a breach of this agreement or a breach of any similar confidentiality obligations owed to the City by another party. Employment Contract -2- 3. The Employee's work week shall comprise forty (40) hours, the scheduling of which shall be at the discretion of the Mayor of the City. In the event that the number of hours worked in a week exceeds thirty-five (40), then the Mayor may grant compensatory time off with pay as he determines reasonable in the circumstances. 4. The City shall, in consideration of the Employee's fulfilling his obligations described and referred to herein, compensate the Employee as follows: a) The salary of fifty-two thousand nine hundred and sixty-five dollars ($52,965.00) per year commencing on the agreed upon start date which shall be payable weekly in fifty-two (52) equal amounts; b) An amount of six (6) percent annually in lieu of Health, Dental, Group Life benefits to be paid on the anniversary date of this agreement; C) If/when the Employee becomes eligible to join the City's Shared Risk Pension Plan (SRP) having regard to the Plan text thereof, he shall be responsible for all contributions to the SRP that would be expected to be made by an employee of the City in the regular course with such employee contributions being deducted from the compensation payable to the Employee pursuant to paragraph 4 hereof. 5. The City shall provide the Employee with four (4) weeks paid annual vacation, of which two (2) weeks must be used annually between December 20'h and March 15`h. 6. It is hereby agreed and understood that the Employee is entitled to only the compensation and benefits expressly provided for herein. 7. (a) Subject to subparagraph (b) hereof, this agreement shall commence on December 18th, 2018, and shall expire on the day immediately preceding the first meeting of the Council elected in the quadrennial election of 2020; (b) Notwithstanding the provisions of subparagraph (a) hereof, either party may, upon forty-five (45) calendar days written notice given to the other, terminate this agreement without penalty; and (c) Notwithstanding the provisions of subparagraph (a) and (b) hereof, the City may, in lieu of providing the written notice specified in subparagraph (b) hereof, choose to pay to the Employee the lump sum equivalent of forty-five (45) calendar days pay, calculated pursuant to the terms of this agreement, in order to terminate this agreement with immediate effect. (d) The giving by the City of the written notice specified in subparagraph (a) hereof or the making by the City of a payment in lieu of notice pursuant to subparagraph (b) hereof respecting the termination of this agreement shall: (1) be deemed to discharge any statutory obligations owed by the City to the Employee respecting notice, as stipulated in section 30 of the New Brunswick Employment lzlra Employment Contract -3- Standards Act, 1982 S.N.B. c. E-7.2, and (2) preclude the Employee from being eligible to pursue or receive any damages at common law respecting or otherwise arising from the termination of this agreement. (c) Any notice herein provided or permitted to be given by the Employee to the City shall be sufficiently given if delivered personally to the Common Clerk of the City, or if mailed in Canada, registered and postage prepaid, addressed to the City at: c/o The Common Clerk, City of Saint John, P.O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 41,1; and any notice herein provided or permitted to be given by the City to the Employee shall be sufficiently given if delivered personally of if mailed in Canada, registered and postage prepaid, addressed to the Employee at the address he has established and provides to the City's Human Resources Department upon his commencement of employment with the City. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party giving such notice and from and after the giving of such notice and as often as the same shall happen the address therein specified shall pertain to any request, statement or other writing in this Employment Contract provided or permitted to be given by the City to the Employee or by the Employee to the City. 8. The Employee hereby acknowledges that he has reviewed this agreement carefully and has been given a fair and reasonable opportunity by the City to seek independent legal advice respecting this agreement prior to executing same. IN WITNESS WHEREOF the parties hereto have duly executed these presents the day and year first above written. SIGNED, SEALED & DELIVERED PZ11191 Common Council Resolution: December 17'", 2018 Employment Contract -4- Witness ) /��t eAish i fPzE,!