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2019-10-21_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, October 21, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall 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 October 7, 2019 6-31 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed 2020 Council Meeting Schedule (Recommendation: Approve 2020 32-33 Council Meeting Schedule) 5.2 Disaster Mitigation and Adaptation Funding (Recommendation in Report) 34-89 5.3 Proposed Public Hearing Date — 35 Water Street, 289 Sydney Street and 431 90-92 Millidge Avenue (Recommendation in Report) 5.4 Request to Province Respecting 2020 Interim Financial Assistance 93-96 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 8.1 Natural Forces - Proposed Burchill Wind Project Presentation 97-108 - 181 8.2 Area 506 Presentation 109-123 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment and Zoning By -Law Amendment re: Green Energy Development (3rd Reading) 10.1.1 Municipal Plan Amendment - Green Energy Development 124-128 10.1.2 Zoning By -Law Amendment - Green Energy Development 129-143 10.2 Amendment to Common Council's Procedural By -Law (1 stand 2nd Reading) 144-150 10.3 City of Saint John Tourism Accommodation Levy Bylaw (1st and 2nd Reading) 151 - 180 11. Submissions by Council Members 11.1 Goods and Services Budget for Mayor and Common Council (Councillor 181 - 181 Sullivan) 11.2 Bylaw Amendment regarding Composition of Common Council (Councillor 182-182 Sullivan) 11.3 Wage Escalation Policy (Councillor Sullivan) 183-183 11.4 Dog Park on Harbourview Drive (Councillors Strowbridge and Merrithew) 184-185 11.5 Presentation by Human Development Council (Councillor MacKenzie) 186-186 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update (Verbal) 187-192 12.2 Sustainability Update (Verbal) 12.3 Sea Can and Program Manager Initiative 193-207 12.4 Supplemental Report — Spot Designation of Heritage Properties 208-236 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence K 16. 17 18. 15.1 I.A.F.F Local 771 Saint John Firefighters Association: Negotiation of new 237-237 Collective Agreement (Recommendation: Refer to City Manager) Appointments to Committees: Sustainability Ad Hoc Committee of Council 15.2 Saint John Police Association - Notice to Bargain (Recommendation: Receive 238-238 for Information) 15.3 Residents of Cosy Lake Road re: ATV Traffic (Recommendation: Refer to City 239-240 Manager) 15.4 Sponsorship Request - Saint John Vito's Major Midget AAA Hockey Program 241 -242 (Recommendation: Consider funding through Council Budget due to Insufficient time to refer to Community Grants program) 15.5 Letter from ME Carpenter re: Transit Litigation (Recommendation: Refer to the 243-243 Transit Commission) 15.6 Ticket Purchase Request - Canadian Red Cross Power of Humanity Awards 244-245 Dinner (Recommendation: Refer to Clerk to Purchase Tickets for Interested Council Members) 15.7 R. Peterson re Cutbacks to Bus Service (Recommendation: Refer to the 246-246 Transit Commission) Supplemental Agenda Committee of the Whole 17.1 Economic Development Framework 247-247 17.2 Appointments to Committees: Sustainability Ad Hoc Committee of Council 248-248 Adjournment K3 City of Saint John Common Council Meeting Monday, October 21, 2019 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8th Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Employment Matter 68(1)0) 1.3 Employment Matter 68(1)0) 1.4 Employment Matter 68(1)0) 1.5 Employment Matter 68(1)0) 1.6 Request to Grant Freedom of the City 1.7 Financial Matter 68(1)(c) 1.8 Nominating Committee 1 Ville de Saint John Seance du conseil communal Lundi 21 octobre 2019 18h Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16h, Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative a 1'emploi 68(1)j) 1.3 Question relative a 1'emploi 68(1)j) 1.4 Question relative a 1'emploi 68(1)j) 1.5 Question relative a 1'emploi 68(1)j) 1.6 Demande d'octroi du droit de cite 1.7 Questions financieres 68(1)c) 1.8 Comite de nomination S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 7 octobre 2019 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil K 5.1 Proposition du calendrier pour les seances du conseil en 2020 (recommandation : approbation du calendrier des seances du conseil pour 2020) 5.2 Financement pour 1' attenuation et 1' adaptation en mati&re de catastrophes (recommandation dans le rapport) 5.3 Proposition de la date d'audience publique — 35, rue Water, 289, rue Sydney et 431, avenue Millidge (recommandation dans le rapport) 5.4 Demande a la province concernant 1' aide financi&re temporaire pour 2020 (recommandation dans le rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 Forces de la nature — Presentation du projet Mien Burchill propose 8.2 Presentation a 1'indicatif 506 9. Audiences publiques —18 It 30 10. Etude des arret6s municipaux 10.1 Proposition de modification au plan municipal et de modification au reglement de zonage : D6veloppement de 1'6nergie verte (3e lecture) 10.1.1 Modification au plan municipal — d6veloppement de 1'6nergie verte 10. 1.2 Modification au reglement de zonage — developpement de 1'6nergie verte 10.2 Modification a 1'arr&6 de procedure du conseil communal (ITe et 2e lecture) 10.3 Arrete de la Ville de Saint John sur la taxe d'h6bergement touristique (ITe et 2e lecture) 11. Interventions des membres du conseil 11.1 Budget pour les biens et services pour le maire et le conseil communal (conseiller Sullivan) 11.2 Modification au reglement concernant la composition du conseil communal (conseiller Sullivan) 11.3 Politique sur 1' augmentation des salaires (conseiller Sullivan) K3 11.4 Parc a chiens sur la promenade Harbourview (conseillers Strowbridge et Merrithew) 11.5 Presentation par le conseil du perfectionnement social (conseiller MacKenzie) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Initiatives d'am6lioration continue (verbal) 12.2 Mise a jour sur le d6veloppement durable (verbal) 12.3 Sea Can et Initiative pour les gestionnaires de programme 12.4 Rapport supplementaire — Designation ponctuelle de biens patrimoniaux 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau 15. Correspondance g6n6rale 15.1 IAFF Section locale 771 de la Saint John Firefighters Association : N6gociation d'une nouvelle convention collective (recommandation consulter le directeur municipal) 15.2 Saint John Police Association — avis de n6gocier (recommandation : a titre d'information) 15.3 Residents de Cosy Lake Road: Circulation de VTT (Recommandation consulter le directeur municipal) 15.4 Demande de commandite — Programme de hockey de Saint John pour 1'6quipe midget AAA de Vito's (recommandation : envisager un financement par 1'entremise du budget du conseil en raison du manque de temps pour presenter une demande au Programme de subventions communautaires) 15.5 Lettre de ME Carpenter : litiges en matiere de transport en commun (recommandation : consulter la Commission des transports) 15.6 Demande d' achat de billets — souper de remise du Prix humanitaire de la Croix -Rouge canadienne (recommandation : consulter la greffiere pour les membres du conseil int6ress6s a 1'achat de billets) 15.7 R. Peterson : Reduction du service d'autobus (recommandation : consulter la Commission des transports) 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Cadre de developpement economique 4 17.2 Nominations aux comites : Comite ad hoc du conseil sur la durabilite 18. Levee de la seance COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 N. / �— MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN OCTOBER 7, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Absent: Councillor Ward 1 Blake Armstrong Councillor Ward 3 Donna Reardon Also Present: City Manager J. Collin Deputy City Manager N. Jacobsen City Solicitor J. Nugent Police Chief B. Connell Fire Chief K. Clifford Deputy Commissioner Saint John Water K. Mason Commissioner Growth and Community Development J. Hamilton Commissioner Finance and Treasurer K. Fudge Commissioner Transportation and Environment M. Hugenholtz Common Clerk J. Taylor Deputy Common Clerk P. Anglin C.1 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of September 23, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council held on September 23, 2019, be approved. IL 150000MGM :k]k]11191 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 17.1 Recommended Appointments to Committees; 17.2 Settlement of Actions Court File No. SJC-531-2016, SJC-550-2016 and SJC-281-2016 MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Sullivan declared a conflict with item 15.6 Centre Scolaire Samuel -de - Champlain re Residency Address Exemption for Hockey Cards. S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2019- 252: Designation of By -Law Enforcement Officer, Common Council adopt the following: RESOLVED that: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By-law, By-law Number M-14, and amendments thereto, (the "Saint John Minimum Property Standards By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; 2 r� COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 25(1) of the Saint John Minimum Property Standards By-law provides that a by-law enforcement officer appointed by council may notify the owner or occupier of premises, dwelling, dwelling unit or structure by issuing an Order where the condition of the premises, dwelling, dwelling unit or structure does not comply with said By-law; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED that Denesa Pollock is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED that Denessa Pollock is hereby appointed and authorized to notify owners and occupiers where the condition of the premises, dwellings, dwelling units or structures does not comply with the Minimum Property Standards By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED that Denessa Pollock is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By-law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and 3 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 amendments thereto (the "Local Governance Act"), including the Saint John Minimum Property Standards By- law, By-law Number M-14 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By- law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize by-law enforcement officers to enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED that Denessa Pollock, by-law enforcement officer, is hereby appointed as inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Minimum Property Standards By- law which received first and second reading by Common Council on September 10, 2018 and third reading on September 24, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 3. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto, (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By-law") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; CI COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 AND WHEREAS subsection 132(1) and 132(2) of the Local Governance Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 131(1), 131(2) or 131(3) of the said Act; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED that Denessa Pollock is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED that Denessa Pollock is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED that Denessa Pollock is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including the Saint John Unsightly G1 ito] COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 Premises and Dangerous Buildings and Structures By- law, By-law Number M-30 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS subsection 144(2) of the Local Governance Act provides that a council may authorize officers enter the land, building or other structure at any reasonable time, and carry out the inspection after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered; NOW THEREFORE BE IT RESOLVED that Denessa Pollock, by-law enforcement officer, is hereby appointed as an inspection officer and authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Unsightly Premises and Dangerous Buildings and Structures By- law which received first and second reading by Common Council on May 22, 2018 and third reading on June 4, 2018, being enacted upon approval by the Minister of Local Government, and/or the Local Governance Act effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 5. WHEREAS subsection 135(4) of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto, provides that within thirty days after the terms of a notice have been complied with or a debt due to a local government or due to the Minister of Finance, as the case may be, is discharged, the local government shall provide a certificate in the form prescribed by regulation which requires that the corporate seal of the local government be affixed; NOW THEREFORE BE IT RESOLVED that Jonathan A. Taylor, Common Clerk, is hereby authorized to affix the corporate seal of The City of Saint John to a Certificate of Discharge that is issued by Denessa Pollock under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, and such authorization shall continue until Jonathan A. Taylor ceases to be the Common Clerk of The City of Saint John or until it is rescinded by Common Council, whichever comes first. t'd 11 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 6. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto, and it may from time to time be necessary to make inspections for the administration of the By-law; AND WHEREAS subsection 133(1) of the Community Planning Act provides that a council may authorize persons at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a bylaw or an order made under this Act; NOW THEREFORE BE IT RESOLVED that Denessa Pollock, who is a by-law enforcement officer, is hereby authorized at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Saint John Building By-law, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 7. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to make orders for the administration of the By-law; AND WHEREAS subsection 134(1) of the Community Planning Act provides that a council may authorize persons to, when a development is undertaken in violation of the Community Planning Act, a by-law or regulation under the Community Planning Act, a by-law or terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development; rA 12 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 NOW THEREFORE BE IT RESOLVED that Denessa Pollock who is a by-law enforcement officer, is hereby authorized to, when a development is undertaken in violation of the Community Planning Act, the Saint John Building By-law or the terms and conditions imposed on the development, order the cessation of the development, alteration of such development so as to remove the violation, or the doing of anything required to restore the land, building or structure to its condition immediately prior to the undertaking of such development, effective immediately, and this authorization shall continue until she ceases to be an employee of the Growth and Community Development Services department of The City of Saint John or until rescinded by Common Council, whichever comes first. 8. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto (the "Community Planning Act"), including the Saint John Building By-law, By-law Number C.P. 102, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has violated or failed to comply with the said By-law; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED that Denessa Pollock is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Building By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 9. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, including the Saint John Dog Control By-law, By-law Number M-13, and the Mobile Home Parks By- law, By-law Number M-20, including all amendments thereto, and it may from time to g 13 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; AND WHEREAS section 150(1) of the Local Governance Act provides that proceedings for breach of a by-law shall be commenced in the name of the clerk of the local government or such other person as is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED that Denessa Pollock is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Dog Control By- law and the Mobile Home Parks By-law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED that Denessa Pollock is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By-law and the Mobile Home Parks By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 10. WHEREAS the Common Council of The City of Saint John has enacted certain by-laws pursuant to the authority of the Community Planning Act, S.N.B 2017, c. 19, and amendments thereto, (the "Community Planning Act"), including the City of Saint John Flood Risk Areas By-law, By-law Number C.P. 11, and The Zoning By-law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with these By-laws; AND WHEREAS paragraph 137(a) of the Community Planning Act provides that no person shall violate or fail to comply with a provision of a by-law made under this Act; AND WHEREAS section 139 of the Community Planning Act provides that proceedings for an offence under this Act shall be commenced in the name of the Minister or the 01 14 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 clerk of the local government or any other person who is designated for that purpose by the council; NOW THEREFORE BE IT RESOLVED that Denessa Pollock is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the City of Saint John Flood Risk Areas By-law and The Zoning By-law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 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 9. Public Hearings 6:30 PM 9.1 Municipal Plan and Zoning By-law Amendments for Green Energy Supplemental Report — Planning Advisory Committee Outcomes and Staff Presentation Referring to the submitted report entitled M&C 2019-250: Municipal Plan and Zoning By-law Amendments for Green Energy Supplemental Report — Planning Advisory Committee Outcomes, City Planner C. Cooper outlined the Green Energy recommendations from staff and PAC. Staff undertook a review of the Municipal Plan to facilitate the Burchill Wind Project application, and future applications in the City. Responding to the question, "What are other municipalities doing for wind and solar?" Community Planning Manager K. Melanson stated they are utilizing available planning tools to create wind and solar energy development zones. The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Development Plan which would include amendments to the Municipal Plan policies including amending Sections 2.4 The Rural Areas, 2.5 Lands 10 15 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 Common to the Primary Development Area and The Rural Areas, 7.8 Energy Efficiency and subsections 3.6.1 Rural Resource and 3.7.1 Parks and Natural Areas in addition to other relevant subsections policies in order to facilitate Green Energy Developments; and amending the Zoning Bylaw of The City of Saint John relating to Wind Energy and Solar Energy regulations. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its September 17, 2019 meeting at which the Committee recommended approval of the Municipal Plan amendment as set out in the submitted report. The Committee recommended approval of the Zoning Bylaw amendment relating only to Wind Energy and recommending tabling Solar Energy regulations pending further analysis. The Mayor called for members of the public to speak against the amendments with no one presenting. The Mayor called for members of the public to speak in favour of the amendments with Eric Falkjar, Chair PAC presenting. The Committee is in support of the regulations for wind energy; however it feels the solar energy regulations should be tabled to provide staff more time to perform greater research and analysis. Brian Irving, Develop SJ, presented in favour of the report. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" including amendments to the Municipal Plan policies including amending Sections 2.4 The Rural Areas, 2.5 Lands Common to the Primary Development Area and The Rural Areas, 7.8 Energy Efficiency and subsections 3.6.1 Rural Resource and 3.7.1 Parks and Natural Areas in addition to other relevant subsections/policies in order to facilitate Green Energy Developments, be read a first time. IL IQI[Q►[4L1ilk] all1991 Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By - Law." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Municipal Plan By -Law" including amendments to the Municipal Plan policies including amending Sections 2.4 The Rural Areas, 2.5 Lands Common to the Primary Development Area and The Rural Areas, 7.8 Energy Efficiency and subsections 3.6.1 Rural Resource and 3.7.1 Parks and Natural Areas in addition to other relevant subsections/policies in order to facilitate Green Energy Developments, be read a second time. 11 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -Law." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", relating to Wind Energy and Solar Energy regulations, 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 Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", relating to Wind Energy and Solar Energy regulations, 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." 10. Consideration of By-laws 10.1 By -Law ResaectinR the Traffic on Streets in The Citv of Saint John (3rd Readi Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "MV -10.1 A By -Law Respecting the Traffic on Streets in The City of Saint John", repealing and replacing the bylaw enacted on the 191h day of December, 2005 entitled "A By-law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act 1973 and amendments thereto", be read. IL 10000►[4L1:k]k]11191 In accordance with the Local Governance Act sub -section 15(3), the by-law entitled, "MV -10.1 A By -Law Respecting the Traffic on Streets in The City of Saint John" instead of being read in its entirety was read in summary as follows: "The bylaw is intended to repeal and replace the existing bylaw "A Bylaw Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto". The current City of Saint John Traffic By - 12 17 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 Law was last consolidated in 2005. A total of 44 amendments to the by-law have been made since this time. Changes have been incorporated into the updated by-law as follows: • References to regulating traffic on Provincial Highways have been removed in the by-law unless specifically endorsed by the Registrar; • Regulations that duplicate those already defined in the Provincial MVA have been removed from the by-law; • Some definitions have been aligned with the MVA; and • Various housekeeping items. A number of other updates have been incorporated into the by-law including: • Consolidation to one type of "alternate side parking"; • Introduction of a volunteer and reserved parking spaces program; • Clear identification of taxi -stand parking spaces; • Introduction of Ready Street as a truck route to help alleviate the impacts of truck traffic on residents of Harding Street West; and • Inclusion of the four 15 minute parking spaces on King Square South in front of the new Irving Oil Limited (IOL) home office. The Province of New Brunswick, via the Registrar of Motor Vehicles, has also requested specific changes, as follows: • Clarification that Churchill Boulevard in its entirety is a truck route, with its limits being Visart Street to Somerset Street, and • Clarification that Samuel Davis Drive in its entirety is a truck route, respecting the Province's authority and direction that Samuel Davis Drive is a Provincial Highway and a truck route, respectively." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "MV -10.1 A By -Law Respecting the Traffic on Streets in The City of Saint John", repealing and replacing the bylaw enacted on the 191h day of December, 2005 entitled "A By-law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act 1973 and amendments thereto", 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, "MV -10.1 A By -Law Respecting the Traffic on Streets in The City of Saint John". 10.2 Initiation of the Adoption Process for the Central Peninsula Secondary Plan Commissioner of Growth and Community Development J. Hamilton thanked 13 iF:3 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 the Neighbourhood Action Team, Stakeholder Working Group, Project Steering Committee, Council and Growth Committee, FCM, Uptown SJ, Provincial Government and staff for their contribution to creating the Central Peninsula Plan. City Planner J. Brown outlined the Central Peninsula Plan Project, the plan vision, 30 year growth targets, the community engagement results, and stated the plan presents a clear, predictable development framework for sustainable growth. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-247: Council Initiation of the Adoption Process for the Central Peninsula Neighbourhood Plan, Common Council: 1. Receive for information the submitted recommendation and report from the Neighbourhood Action Team related to the Central Peninsula Secondary Plan; and, 2. Whereas the Neighbourhood Action Team confirmed the content of the draft Central Peninsula Secondary Plan is consistent with the direction, input and vision assembled since 2017, Common Council initiate the legislative adoption process for the Central Peninsula Secondary Plan at the regular meeting on October 7, 2019; and initiate the adoption process as prescribed by the Community Planning Act for the consideration of the submitted Central Peninsula Secondary Plan and related amendments to the Municipal Plan. MOTION CARRIED. Commissioner Hamilton read into the record a Public Presentation of the Central Peninsula Secondary Plan and proposed amendments to the Municipal Plan. Written objections to the proposed amendments may be made to Common Council in care of the Common Clerk by November 6t", 2019. Enquiries may be made at the Office of the Common Clerk or Growth and Community Development Services, City Hall 15 Market Square between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday inclusive, holidays excepted. 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update (Verbal) Deputy Commissioner Parks and Public Spaces T. O'Reilly outlined 3 operational changes in the Recreation and Parks Department that has resulted in $112,000 (sustained) annual cost savings: • Community Management of Carleton Community Centre 14 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 • Aligning Supply/Demand at Millidgeville Community Centre • Staffing to Demand at Arenas Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Continuous Improvement presentation be received for information. MOTION CARRIED. 12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 1310 Golden Grove Road (PID 00310193) Referring to the submitted report entitled Demolition of Vacant, Dilapidated and Dangerous Building at 1310 Golden Grove (PID 00310193) the Manager Customer Service and Operations R. Van Wart outlined the building inspector's report and showed images of the vacant, dilapidated and dangerous building at 1310 Golden Grove Road. 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 1310 Golden Grove Road (PID 00310193) 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. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report Demolition of Vacant, Dilapidated and Dangerous Building at 1310 Golden Grove (PID 00310193), Common Council approve the following: RESOLVED that the building located at 1310 Golden Grove Road, PID# 00310193, 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 the building is to 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 or 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. 15 491 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 MOTION CARRIED. The Mayor withdrew from the meeting and the Deputy Mayor assumed the chair. The Mayor reentered and assumed the chair. 12.3 Modernization of Solid Waste Collection Service (Tabled from September 23, 2019; with updated report attached) Moved by Councillor Merrithew, seconded by Councillor Sullivan: RESOLVED that the matter Modernization of Solid Waste Collection Service, be lifted from the table. IL [0000114L1:k]k1119a Referring to the submitted report entitled M&C2019-206: Modernization of Solid Waste Collection Service, Deputy Commissioner Transportation and Environment Service J. Hussey outlined the new model of solid waste collection - curb side recycling. The city will provide households with the following: • Solid Waste Refuse Collection Cart 180L (48 Gal) • Curb Side Recycling Totes/household for paper/cardboard & plastic/metal 2 x 80L (21 gal) • Excess refuse "Bag Tag" user pay $2/bag • "Helping Hand" mechanized automated collection trucks will be used The total annual savings and estimated revenue for the curb side recycling model is projected at $750,986. A pilot project is contemplated. High density urban neighbourhoods will require more study to determine best practices and adjust the model accordingly. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the submitted report M&C 2019-206: Modernization of Solid Waste Collection Service, be received for information. MOTION CARRIED with Councillor Strowbridge voting nay. 12.4 Sustainability: Addressing the Deficit 2021-2022 Referring to the submitted report entitled Sustainability: Addressing the Deficit 2021- 2022, the City Manager advised Council that legislation in New Brunswick requires municipalities to balance their respective budgets each year. Bridge funding from the Province was available for 2018, 2019, and 2020 to assist the City. Financial assumptions project the City's deficit in 2021 and 2022 at approximately $11 Million per year. 16 21 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 The Provincial report Sustaining Saint John — A Three Part Plan ("The Plan") that was endorsed by Common Council on August 19th, 2019 does not address the short-term financial gap for the budget years of 2021 and 2022. While the City is committed to addressing the entirety of the deficit in 2021 and 2022, the gap will start to grow again without transformational changes to service delivery, and reforms related to municipal property tax and other institutional barriers. The City Manager outlined a three -prong approach proposed to address the overall structural deficit (costs being significantly higher than revenues), with the second "prong" specifically addressing the forecasted deficit for 2021 and 2022: The 3 Prong Approach 1. Effectiveness and Efficiency Reviews — May or may not yield direct financial savings, but will improve effectiveness and efficiency 2. Sustainability initiatives — Sustainability Implementation (SI) Team formed to manage/support plan. Senior Leadership Team (SLT) fully engaged, Citywide effort to achieve plan objectives 3. Transformational reviews - Continue efforts on longer-term (2023 and beyond) municipal and property tax reforms The City Manager referenced 60+ sustainability initiatives in the report to address the anticipated deficit in 2021 and 2022. These ideas will be refined and brought back to Council for decision on those that will address the entirety of the deficit for 2021 and 2022. They do not solve the long-term structural deficit of the City. The proposed sustainability initiatives ($14M -$16M) include: Revenue Initiatives Target $1,603,000 - $1,753,000 1. Increase development and building permit fee structure $ 75,000 2. Administrative Penalties $TBD o Develop a process for the City to issue and receive the revenue from Administrative Penalties rather than expend resources for PNB to collect revenue through the court process 3. In -Sourcing Building Demolition and Property Cleanup $50,000 4. Vacant and Undeveloped Property Assessments $TBD o Work with Service New Brunswick (SNB) to ensure vacant land is assessed at the appropriate value, with the assumption that current assessments for these properties are lower than their true value 5. Public Safety Fees for Service (Fire and Police) $50,000 o Explore applying public safety (Fire and Police) "fees for service" model including false alarms, nuisance calls and major response 6. Non -Resident User fees $150,000-$300,000 17 WA COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 o Develop process for charging Non -Resident User Fees for arenas, fields, parks, tennis courts 7. Reduce Recreation Subsidies by 30 % $300,000 8. Reduction to LBR Facility $ 48,000 o Board of Trustees of Lord Beaverbrook Rink (LBR) to review business plan to reduce City's operating subsidy 9. Adelaide Street Facility $ 30,000 o Work with external organizations to rent out portions of the City's Adelaide Street parks and recreation facility & Fit -up parks and rec operations into a small space, ensuring efficient operations and timely customer service 10. Monthly and Metered Parking Rates $200,000 o Increase monthly parking fees and hourly metered rate & Investigate value of Saturday metering 11. Non -Resident Parking Differential Fee $200,000 o Set a differential fee for non-residents purchasing monthly off-street parking spaces 12. Saint John Energy $TBD o Leverage the growth potential of Saint John Energy (SJE). Work with the appropriate stakeholders to establish processes to flow revenue and/or benefits through to the City. If unable to receive significant revenue through the growth agenda of SJE explore possible sale of the municipal utility to invest the capital gain. 13. Parking Fees at Municipal Parks $100,000 o Evaluate feasibility of implementing daily parking rates at Municipal Parks (i.e. Rockwood Park, Dominion Park, Little River Reservoir) 14. Tolls and/or Heavy Vehicle Permits on City Streets $500,000 15. Event levy $TBD o Introduce levy on events hosted in Saint John (e.g. concerts, trade shows, festivals) 16. TD Station (Harbour Station) Parking $ 50,000 o Review opportunity to subdivide TD Station building from the parking lot and set competitive parking rates Service Level Change Initiatives Target $4,410,000 17. Winter Street Maintenance $100,000 o Redesign winter street salting and plowing routes that reduce fleet 18. Winter Sidewalk Maintenance $200,000 o Reduce winter sidewalk maintenance program with an emphasis on priority areas such as Central Business District, Business Improvement Area (Uptown), and school zones 19. Solid Waste Management Service Redesign $100,000 o Modernize the City's solid waste service, curb -side recycling, bag limits 18 W COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 20. Redesign transit systems to reduce City subsidy $2,000,000 21. Eliminate lifeguards at Fisher Lakes; promote activity at nearby Lily Lake $20,000 22. Community Centres $70,000 o Evaluate funding model for primary community centres to identify options potential reduction in access to free recreational programming at community centres 23. No longer fund the City's Summer Playground Program $90,000 24. No longer fund Passport to Parks events at City parks $30,000 25. Third Party Contract Services $100,000 o Review current third -party contracted services to determine if there are alternative options or potential for reductions in services that will provide savings 26. Fire Light Vehicle Response to Medical Calls $TBD o Evaluate the feasibility of introducing fire light vehicles in the fleet to respond to medical calls 27. Freeze CPI adjustments on goods and services $300,000 28. Leverage Uptown Saint John $TBD o Work with Uptown Saint John to sustain service levels in the City's core 29. Infrastructure Deficit $400,000 o Delay the target approved by the Finance Committee to reduce the infrastructure deficit by 25% in the short term Grants & Incentives Initiatives Target $1,115,000 - $1,690,000 30. Significant reduction in community grants and incentives $187,500-$750,000 31. Reduce economic development agency funding by 10% $240,000 32. Growth Reserve Fund $350,000 o Eliminate all new funding into the growth reserve fund o Strategically allocate current reserve funding to growth initiatives with highest probability of success o Work to secure grants from other levels of governments and organizations to support growth 33. Imperial Theatre $350,000 o Eliminate all City funding contributions to the Imperial Theatre City -Owned Facilities Target $ 1,555,000 - $2,155,000 34. Right -size recreation facilities $20,000 o Reduce recreation facilities and potentially divest facilities like Rainbow Park ice surfaces, lawn bowling facility and the Rockwood Park stable 35. Consolidation of Municipal Depots $35,000+ o Decommission the North Works Depot to sell land o Relocate fleet operations into the Transit garage o Fit -up Rothesay Avenue Garage for works operations 19 0&1 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 36. Close and divest one of Saint John's four civic arenas $200,000 37. Arena Inventory $700,000 o Look at options for full -cost recovery of the city's remaining arenas versus selling them 38. TD Station (Harbour Station) $100,000-$500,000 o Either reduce City funding to or sell TD Station 39. Aquatic Centre $500,000 -$700,000 o Either reduce city funding, sell or close the Canada Games Aquatic Centre Workforce Initiatives Target $3,950,000 40. Human Resource Management $2,000,000 o Freeze City's salary, wage and benefit budget envelopes at current levels (i.e. no increase for labour costs) for 2021 and 2022 41. Defer special pension payments for two years (5%) $1,400,000 42. Public Works Casual Workforce $ 150,000 o Reduce hiring of casuals and students during construction season by 50% 43. Parks and Recreation Casual Workforce $ 350,000 o Reduce hiring of Parks & Recreation casuals during peak season by 50% 44. Customer Service Coordination $ 50,000 o Create a single point customer contact for citizens, businesses and developers o Pool resources through cross -training and common job responsibilities to staff the customer service function Continuous Improvement Initiatives Target 1,795,000 45. Standardize Cell Phone $ 50,000 46. Reduce goods & services $500,000 47. Reduce employee travel costs $100,000 48. Reduce equipment idling time $ 50,000 49. Optimize fleet $300,000 50. Implement new process for sports field lining $ 10,000 51. Implement Regioan) Fire Dispatch $200,000 52. Maximize civilianization (Police) opportunities $100,000 53. Reduce Police Fleet maintenance $ 50,000 54. Reduce Police Headquarters operating $ 75,000 55. Reduce Rental Vehicle (fleet) $ 50,000 56. Implement External Service Agreements for IT Services $ 10,000 57. Launch Fire Training Academy $100,000 58. Recover costs through Fire Insurance $ 80,000 59. Change Medical Call response criteria $ 50,000 60. Implement fees for advertising in public right-of-ways $ 10,000 61. Review Trade and Convention Centre rental agreement $ 30,000 20 OR 62. Renew West Library Agreement COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 $ 30,000 The City Manager also discussed a property tax rate increase to produce revenue. Property Tax Rate Increase (Revenue) Increase property tax rate to close a portion of the deficit o Current rate is $1.789 per $1,000 of property tax assessment o The rate has remained unchanged for the past 11 years In summation The City Manager reiterated that the plan is based on four major assumptions: 1. Growth rate of 1.5% 2. Municipal transformational reforms and property tax reforms will provide relief to financial situation by January 2023 3. CPI (inflation) and interest rates will remain low 4. No significant change to conditional grants If any of the four major assumptions become invalid, the plan becomes invalid and must be reconsidered. The three -prong approach is important to solve the structural deficit. A balanced budget and transformational reform will put the City on a sustainable path for the future. The City Manager responded to questions on the report: Question: "Is it the opinion of the City Manager that Provincial Government has a role in addressing the deficit?" Response: "Yes, formal engagement with the Province is required." Question: "Would a toll on City roads be useful?" Response: "Yes, both tolls on city roads and tolls on heavy trucks." Question: "Will the cuts affect low income families and those living in poverty?" Response: "This is not intended. We will protect services that are required, such as transit in priority areas." Comment: "Council should send a letter to the Premier requesting that the $10.4 M allocated in the "new deal" for Saint John in 2020 be permitted for use over time in 2020, 2021 and 2022." Response: "The Agreement with the Province does not currently allow the allocation of funds beyond 2020. A letter is being drafted and will be brought to Council for their approval at the next regular meeting." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the submitted report M&C 2019-249: Sustainability: Addressing the Deficit 2021-2022, be received for information. 21 MCI COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Turnbull (NB) Chapter - Request for the Granting of the Freedom of The City Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the letter from Turnbull (NB) Chapter - Request for the Granting of the Freedom of The City be referred to the City Manager for a report. MOTION CARRIED. 15.2 Breasts Ahoy - Southern NB Breast Cancer Survivor Dragon Boat Team - Auction Fundraiser Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as requested in the submitted letter from the Breasts Ahoy Southern NB Breast Cancer Survivor Dragon Boat Team concerning the Auction Fundraiser, that the request for one free hour of ice time be approved. MOTION CARRIED. 15.3 Fundy Regional Service Commission - Proposed Operating Budget for the Year 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Fundy Regional Service Commission - Proposed Operating Budget for the Year 2020 be referred to the City Manager. MOTION CARRIED. 15.4 Fundy Regional Service Commission - Move Forward Active Transportation Symposium Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Fundy Regional Service Commission - Move Forward Active Transportation Symposium be referred to the Common Clerk to register Council Members interested in attending. 22 WA COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 MOTION CARRIED. 15.5 Town of Quispamsis re Request for Provincial Wide Ban on Single Use Plastic Bags at Retail Outlets Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Town of Quispamsis letter re Request for Provincial Wide Ban on Single Use Plastic Bags at Retail Outlets be received for information. MOTION CARRIED. Councillor Sullivan withdrew from the meeting. 15.6 Centre Scolaire Samuel -de -Champlain re Residency Address Exemption for Hockey Cards Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Centre Scolaire Samuel -de -Champlain Letter re Residency Address Exemption for Hockey Cards be referred to the City Manager for a report. IL [0000114L1:k]k]11191 Councillor Sullivan reentered the meeting. 15.7 AM Gillis Letter - Request for Parking for Uptown High School Students Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the AM Gillis Letter - Request for Parking for Uptown High School Students be received for information. MOTION CARRIED. 15.8 Saint John Diocesan Cemeteries Inc. - Mausoleum Placement in Holy Cross Cemetery Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Saint John Diocesan Cemeteries Inc. Letter - Mausoleum Placement in Holy Cross Cemetery be referred to the City Manager for a report. IL [0000114L1:k]k]11191 15.9 Ticket Purchase Request - 2019 Outstanding Business Awards Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: 23 4.11 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 RESOLVED that the Ticket Purchase Request - 2019 Outstanding Business Awards be referred to the Common Clerk to purchase tickets for interested Council Members. MOTION CARRIED. 15.10 Ticket Purchase Request - 3rd Annual Inspire Mentoring Awards Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Ticket Purchase Request - 3rd Annual Inspire Mentoring Awards be referred to the Common Clerk to purchase tickets for interested Council Members. MOTION CARRIED. 15.11 Ticket Purchase Request - Credit Counselling Services 25th Anniversary Celebration Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Ticket Purchase Request - Credit Counselling Services 25th Anniversary Celebration be referred to the Common Clerk to purchase tickets for interested Council Members. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Appointments to Committees Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole having met on October 7t", 2019 Common Council approves the following appointments: Develop SJ: to appoint Cynthia Goodwin for a 3 year term from October 7, 2019 to October 7, 2022 Imperial Theatre: to end the term of Dr. Joanna Everitt as of October 31, 2019 and to appoint Li Song for a 3 year term from October 31, 2019 to October 31, 2022 Rockwood Park Endowment Fund: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to reappoint Patrick Grannan for a 3 year term from October 7, 2019 to October 7, 2022 24 Wel COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 Saint John Board of Police Commissioners: to end the term of Brian Boudreau as of October 7, 2019 Saint John Community Arts Board: to reappoint Tim Blackmore for a 3 year term from October 7, 2019 to October 7, 2022 and appoint Councillor David Hickey from October 7, 2019 to the end of his current term of Council Saint John Free Public Library: to reappoint Patricia Lucas for a 3 year term from November 28, 2019 to November 28, 2022. MOTION CARRIED. 17.2 Settlement of Actions Court File No. SJC-531-2016, SJC-550-2016 and SJC-281- 2016: Contract 2014-1 Douglas Avenue (Bentley Street to Clarendon Street) Water, Sanitary and Storm Sewer Renewal and Lift Station Installation, Contract 2014-2 Hillcrest Drive — Street Reconstruction, Contract 2015-6 Milford Sewer Separation Phase III; Fairville Construction Ltd. Prime Contractor, AND Contract 2014-2015 Asphalt Paving — Fairville Construction Ltd. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole having met on October 7t", 2019, Common Council approves that The City of Saint John authorize settlement of the actions bearing Court File No. SJC-531-2016, SJC-550-2016 and SJC- 281-2016 upon the terms identified, namely: 1. Classic Construction (2012) Ltd. will mill the centre mat (4.7 meters) of the affected portion of Douglas Avenue (Bentley Street to Main Street). The milled section will include both joints. They will repave the milled portion with 50 mm of Superpave 9.5 mm asphalt concrete (Type D asphalt). They will not adjust any structures (manholes, valve boxes, etc....) but will mill around them. 2. The City will release all monies being held on the three projects of Fairville Construction Ltd. and QM Construction Ltd. and discontinue all related actions. 3. The City will provide a release to all involved parties with respect to the recycled asphalt shingle streets. 4. The City will acknowledge that other heavy traffic volume street in the City of Saint John (Loch Lomond Road, Westmorland Road and Rothesay Avenue) are not paved with Superpave 12.5 mm. 5. The City of Saint John will pay Fundy Paving Ltd. the amount of $88,500.00 plus HST. This amount is the holdback under Contract 2015-06. 25 091 COMMON COUNCIL/ CONSEIL COMMUNAL October 7, 2019 / le 7 octobre 2019 6. Fundy Paving Ltd. will discontinue its claim against The City of Saint John bearing Court File No. SJC-281-2016. 7. Fairville Construction Ltd. will discontinue its counterclaim against The City of Saint John under Court File No. SJC-531-2016. 8. The City of Saint John will pay Fairville Construction Ltd. the amount of $14,669.04 plus HST being an outstanding invoice describing additional work requested in 2015 under contract 2014-01. 9. Fairville Construction Ltd. will discontinue its counterclaim against The City of Saint John under Court File No. SJC-550-2016. 18. Adjournment Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on October 7, 2019, be adjourned. MOTION CARRIED. The Deputy Mayor declared the meeting adjourned at 9:18 p.m. 26 31 COUNCIL REPORT M&C No. 2019-248 Report Date October 15, 2019 Meeting Date October 21, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed 2020 Council Meeting Schedule OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Jonathan Taylor John Collin RECOMMENDATION That Common Council approve the attached 2020 Council meeting schedule. REPORT The draft 2020 Council meeting schedule has been submitted for Council's review and approval. As in previous years, regular meetings of Council are scheduled bi-weekly on Monday evening with the provision for a Council and/or Committee of the Whole meeting, as required, on the alternate Monday. Committee of the Whole meetings precede the regular Council meeting as required. In addition to the regularly scheduled Council meetings, special and/or emergency meetings of Council can be called by the Mayor or 3 Council members at any time. ATTACHMENTS Proposed 2020 Council meeting schedule. 0 Committee of the Whole meetings begin at 4:30 pm in the 8t" Floor Boardroom of City Hall and precede the regular Council meetings. January 6, 2020 NO MEETING January 13, 2020 REGULAR MEETING with Public Hearing January 20, 2020 No meeting scheduled - only if required January 27, 2020 REGULAR MEETING February 3, 2020 No meeting scheduled - only if required February 10, 2020 REGULAR MEETING with Public Hearing February 18, 2020 (Tuesday) No meeting scheduled - only if required February 24, 2020 REGULAR MEETING March 2, 2020 No meeting scheduled - only if required March 9, 2020 REGULAR MEETING with Public Hearing March 16, 2020 No meeting scheduled - only if required March 23, 2020 REGULAR MEETING March 30, 2020 No meeting scheduled - only if required April 6, 2020 REGULAR MEETING with Public Hearing April 14, 2020 (Tuesday) No meeting scheduled - only if required April 20, 2020 REGULAR MEETING April 27, 2020 No meeting scheduled - only if required May 4, 2020 REGULAR MEETING May 11, 2020 Muncipal Election May 19, 2020 (Tuesday) Swearing -In Ceremony May 25, 2020 REGULAR MEETING with Public Hearing June 1, 2020 No meeting scheduled - only if required June 8, 2020 REGULAR MEETING with Public Hearing June 15, 2020 No meeting scheduled - only if required June 22, 2020 REGULAR MEETING June 29, 2020 No meeting scheduled - only if required July 6, 2020 REGULAR MEETING with Public Hearing July 13, 2020 No meeting scheduled - only if required July 20, 2020 REGULAR MEETING July 27, 2020 No meeting scheduled - only if required August 4, 2020 (Tuesday) REGULAR MEETING with Public Hearing August 10, 2020 No meeting scheduled - only if required August 17, 2020 REGULAR MEETING August 24, 2020 No meeting scheduled - only if required August 31, 2020 REGULAR MEETING September 8, 2020 (Tuesday) No meeting scheduled - only if required September 14, 2020 REGULAR MEETING with Public Hearing September 21, 2020 No meeting scheduled - only if required September 28, 2020 REGULAR MEETING October 5, 2020 No meeting scheduled - only if required October 13, 2020 (Tuesday) REGULAR MEETING with Public Hearing October 19, 2020 No meeting scheduled - only if required October 26, 2020 REGULAR MEETING November 2, 2020 No meeting scheduled - only if required November 9, 2020 REGULAR MEETING with Public Hearing November 16, 2020 No meeting scheduled - only if required November 23, 2020 REGULAR MEETING November 30, 2020 No meeting scheduled - only if required December 7, 2020 REGULAR MEETING with Public Hearing December 14, 2020 No meeting scheduled - only if required December 21, 2020 REGULAR MEETING December 28, 2020 No meeting scheduled - only if required COUNCIL REPORT M&C No. 2019-266 Report Date October 15, 2019 Meeting Date October 21, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Disaster Mitigation and Adaptation Funding OPEN OR CLOSED SESSION This matter is to be discussed in open session. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jodie Forgie Kevin Fudge John Collin RECOMMENDATION That Common Council adopt the following resolution: "Resolved that Common Council approve the funding agreement with Infrastructure Canada in relation to the Disaster Mitigation & Adaptation Fund." "Resolved that Common Council approve the ultimate recipient agreement with Saint John Energy in relation to the Disaster Mitigation & Adaptation Fund". EXECUTIVE SUMMARY The purpose of this report is to request that Common Council approve the funding agreement between the City and Infrastructure Canada for the Disaster Mitigation & Adaptation Fund (DMAF) and to approve the ultimate recipient agreement between the City and Saint John Energy. PREVIOUS RESOLUTION "Resolved that Common Council authorize staff to proceed with the funding agreement with Infrastructure Canada in relation to the Disaster Mitigation & Adaptation Fund." STRATEGIC ALIGNMENT This report aligns with being fiscally responsible and providing valued service delivery by identifying within the asset management plan municipal 011 -2 - infrastructure requirements that can leverage funding available and working collaboratively with Saint John Energy to optimize funding opportunities. REPORT In 2018 the City experienced a flooding event which resulted in a historic 5.8m flood level (nearly 1.6m above flood levels). This flood event caused significant damage to the municipal infrastructure such as sanitary sewer system back-up, electrical utility infrastructure and coastal structure SeaWall. The DMAF program is the opportunity to obtain assistance with mitigation efforts for future flooding events and sea level rise. The project is intended to mitigate the risk and increase the resiliency of the City's critical infrastructure. The 3 components listed in this project have been determined based on vulnerability risk assessment of where the biggest risk is associated with the effects of climate change due to flooding. Below is a brief description along with cost allocation for each project. 1. Refurbishment of SeaWall (former coast guard site): The SeaWall is a critical infrastructure for any existing and future development in the waterfront area. It has experienced erosion and structural damages due to higher coastal water level. The intent is to reinforce the structure to address the flooding level to a 1 -in -100 -year event. 2. Pumping Stations: Raise or replace critical municipal infrastructure (nine wastewater pumping stations and one water pumping station) above flood levels to avoid future damages from flooding and to provide continued critical services during flood. 3. Relocation of Critical Waterfront Electrical Utility Infrastructure (Saint John Energy): The existing substations are vulnerable to sea level rise, with the risk of future storm events causing flooding, wave action and salt sprays with the potential to disrupt essential electrical services. Currently, this infrastructure serves more than 7,500 residents and 1,150 businesses, employing more than 25% of the regional workforce. The relocation of this vulnerable electrical infrastructure will also mitigate the risk of future storm events resulting in hydro -carbon and heavy metal contamination of Long Wharf slip, harming ocean ecosystems, and impacting commercial and first nation's fisheries. The total costs submitted for the 3 components of the project is $29.8 million made of Federal share of costs $11.9 million ($4.5 million for Saint John Energy and $7.4 million for the City), Saint John Energy share of costs $6.8 million and the City share of costs $11.1 million. The costs and associated cash flow impacts for the City are detailed below: KSI Flow based on when reimbursement not when incurred 2019 (April 1 -March 31) 2020 (April 1 -March 31) 2021 (April 1 -March 31) 2022 (April 1 -March 31) 2023 (April 1 -March 31) 2024 (April 1 -March 31) 2025 (April 1 -March 31) 2026 (April 1 -March 31) -3 - FederalShareof City of Saint John Share Saint John Energy Share Costs of Costs of Costs $0 $0 $2,360,718 $1,830,000 $1,711, $4,458,736 $3,265,951 $3,422, $2,298,018 $1,735,951 $1,711, $1,882,602 $2,823,902 $340,000 $510,000 $352,000 $528,000 $224,000 $336,000 The costs and associated cash flow impacts for the City through the general fund and utility fund are broken out as follows: Cash Flow for Applicants SeaWall (General Fund) Pumping Stations (Utility Fund) Saintlohn Energy Capital Budget Requirements 2018-2019 (April 1 -March 31) $0 $0 $0 2019-2020 (April 1 -March 31) $0 $1,830,000 $1,711,076.40 2020-2021 (April 1 -March 31) $1,225,951 $2,040,000 $3,422,152.80 2021-2022 (April 1 -March 31) $1,225,951 $510,000 $1,711,076.40 2022-2023 (April 1 -March 31) $2,451,902 $372,000 $0 2023-2024 (April 1 -March 31) $0 $510,000 $0 2024-2025 (April 1 -March 31) $0 $528,000 $0 2025-2026 (April 1 -March 31) $0 $336,000 $0 Total $4,903,805 $6,126,000 $6,844,306 SERVICE AND FINANCIAL OUTCOMES The City estimated cost for these projects would be $11,029,085 which would be split between General Fund ($4,903,805) and Utility Fund ($6,126,000) as described in the table above. City costs have been approved within the 2020 and 2021 General and Utility Capital Budget submissions. Other potential opportunities Refurbishment of the SeaWall: The SeaWall is a critical piece of infrastructure for any existing and future development in the waterfront area. The required improvements to the SeaWall will positively impact the continued pursuit of development activities for Fundy Quay, a priority project. Relocation of Critical Waterfront Electrical Utility Infrastructure (Saint John Energy): Moving the electrical infrastructure from along the waterfront will allow prime waterfront location to be better utilized. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was received from all service areas within the City, Develop SJ and Saint John Energy K11-1 -4 - ATTACHMENTS Appendix 1— Funding Agreement with Infrastructure Canada Appendix 2 — Ultimate Recipient Agreement with Saint John Energy Kul AGREEMENT FOR SAINT JOHN FLOOD MITIGATION STRATEGY PROJECT This Agreement is made as of the date of last signature BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Infrastructure and Communities ("Canada") AND CITY OF SAINT JOHN, a body corporate by Royal Charter, as amended from time to time by Acts of the Legislative Assembly of New Brunswick (the "Recipient"), individually referred to as a "Party" and collectively referred to as the "Parties". RECITALS WHEREAS the Government of Canada established the $2 billion Disaster Mitigation and Adaptation Fund in Budget 2017; WHEREAS, the Minister of Infrastructure and Communities is responsible for the Disaster Mitigation and Adaptation Fund (the "Program"); WHEREAS the Recipient has submitted to Canada a proposal for the funding of the Saint John Flood Mitigation Strategy Project ("the Project") which qualifies for support under the Program; AND WHEREAS the Recipient is responsible to carry out the Project and Canada wishes to provide financial support for the Project and its objectives; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties hereby agree as follows: 1. INTERPRETATION 1.1 DEFINITIONS In addition to the terms and conditions defined in the recitals and elsewhere in this Agreement, a capitalized term has the meaning given to it in this subsection. "Agreement" means this contribution agreement and all its schedules, as may be amended from time to time. "Agreement End Date" means March 31, 2028. "Asset" means any real or personal property or immovable or movable asset acquired, purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by Canada under the terms and conditions of this Agreement. "Asset Disposal Period" means the period commencing from the Effective Date and ending twenty (20) years after Project Substantial Completion Date. "Committee" means the Oversight Committee established pursuant to Section 5 (Oversight Committee). "Communications Activity" or "Communications Activities" means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi -media content, advertising campaigns, awareness campaigns, editorials, multi -media products and all related communication materials. "Contract" means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to the Project in return for financial consideration. "Declaration of Substantial Completion" means a declaration in the form substantially prescribed in Schedule D (Declaration of Substantial Completion). "Fair Market Value" means the highest dollar value that the Recipient can get for property in an open and unrestricted market and between a willing buyer and a willing seller who are knowledgeable, informed, and acting independently of each other. "Fiscal Year" means the period beginning April 1 of a year and ending March 31 of the following year. "In -Kind Contributions" means non -monetary contributions of goods, services or other support provided by the Recipient, or to the Recipient by a third party for the Project, for which Fair Market Value is assigned, but for which no payment occurs. "Joint Communications" means events, news releases and signage that relate to the Agreement and are collaboratively developed and approved by the Parties and are not operational in nature. "Natural Infrastructure" means the use of naturally occurring resources or engineered use of natural resources, to provide adaptation or mitigation services to the gradual and/or sudden impacts of climate change or natural hazards. "Project" means the project as described in Schedule B (Project Details). "Project Approval Date" means May 2, 2019 which is the date indicated by Canada in writing to the Recipient following Canada's approval in principle of the Project. "Project Component" means any of the components of the Project as described in Schedule B2 (Project Components and Cashflow). "Program" means the Disaster Mitigation and Adaptation Fund Program. "Substantial Completion Date" means the date on which the Project can be used for the purpose for which it was intended as described in Schedule B.1 (Project Description) as will be set out in Schedule D (Declaration of Substantial Completion). "Third Party" means any person or legal entity, other than a Party, who participates in the implementation of the Project by means of a Contract. "Total Financial Assistance" means total funding from all sources towards Eligible Expenditures of the Project, including funding from the Recipient and federal, provincial, territorial, and municipal governments as well as funding from other sources, private financial sources and In-kind contributions. "Ultimate Recipient" means Saint John Energy pursuant to an Ultimate Recipient Agreement with the Recipient. "Ultimate Recipient Agreement(s)" means an agreement between the Recipient and the Ultimate Recipient for the Project prepared in accordance with Section 7 Ultimate Recipient Funding and Agreements. 1.2 ENTIRE AGREEMENT This Agreement comprises the entire agreement between the Parties in relation to the subject of the Agreement. No prior document, negotiation, provision, undertaking or agreement has legal effect, unless incorporated by reference into this Agreement. No representation or warranty expressed, implied or otherwise, is made by Canada to the Recipient except as expressly set out in this Agreement. 1.3 DURATION OF AGREEMENT This Agreement will be effective as of the Effective Date and will terminate on the Agreement End Date subject to early termination in accordance with this Agreement. 1.4 SCHEDULES The following schedules are attached to, and form part of this Agreement: Schedule A — Eligible and Ineligible Expenditures Schedule B — Project Details Schedule C — Communications Protocol The purpose of this Agreement is to establish the terms and conditions whereby Canada will provide funding to the Recipient for the Project. 3. OBLIGATION OF THE PARTIES 3.1 COMMITMENTS BY CANADA a) Canada agrees to pay a contribution to the Recipient of not more forty percent (40%) of the total Eligible Expenditures for assets owned by municipalities and non -for-profit organization in provinces but only up to a maximum of eleven million, nine hundred and sixteen thousand and seventy-four dollars ($11,916,074). b) Canada will pay the contribution in accordance with the terms and conditions of this Agreement and the Fiscal Year breakdown in Schedule B2 (Project Components and Cashflow). c) The Parties acknowledge that Canada's role in the Project is limited to making a financial contribution to the Recipient for the Project and that Canada will have no involvement in the implementation of the Project or its operation. Canada is neither a decision -maker nor an administrator to the Project. d) If Canada's total contribution towards the Project exceeds forty percent (40%) of the Project's total Eligible Expenditures or if the Total Financial Assistance received or due in respect of the total Project costs exceeds one hundred per cent (100%) thereof, Canada may recover the excess from the Recipient or reduce its contribution by an amount equal to the excess. 3.2 COMMITMENTS BY THE RECIPIENT a) The Recipient will ensure the Project is completed in a diligent and timely manner, as per the project details outlined in Schedule B, within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement. b) The Recipient will be responsible for all costs of the Project including cost overruns, if any. c) The Recipient will be responsible for any and all costs associated with the Project should the Project be withdrawn or cancelled, and the Recipient will repay to Canada any payment received for disallowed costs and all ineligible costs, surpluses, unexpended contributions, and overpayments made under and according to the terms and conditions of this Agreement. d) The Recipient will ensure that the greenhouse gas emissions assessment that includes a cost -per -tonne calculation for the Project is completed to Canada's satisfaction and submitted to Canada prior to Canada flowing funds, unless otherwise required by Canada. e) The Recipient will report on community employment benefits provided to at least three federal target groups (apprentices - from traditionally disadvantaged communities, Indigenous peoples, women, persons with disabilities, veterans, youth, new Canadians, or small -medium-sized enterprises and social enterprises) and submit to Canada with annual updates until project completion. f) The Recipient will promptly inform Canada of the Total Financial Assistance received or due for the Project. g) The Recipient will ensure the ongoing operation, maintenance, and repair of any Asset in relation to the Project, as per appropriate standards, during the Asset Disposal Period. h) Canada may request that the Recipient declare to Canada any amounts owing to the federal Crown, under legislation or contribution agreements, which constitute an overdue debt. The Recipient recognizes that any such amount owing is a debt due to the federal Crown and may be set-off by Canada in accordance with Section 19.5 (Set-off by Canada). i) The Recipient will inform Canada immediately of any fact or event that will compromise wholly or in part the Project. k) The Recipient will enter into an agreement with the Ultimate Recipient in accordance with this Agreement. Upon request, the Recipient will promptly provide Canada with a copy of the ultimate agreement. 3.3 APPROPRIATIONS AND FUNDING LEVELS a) Notwithstanding Canada's obligation to make any payment under this Agreement, this obligation does not arise if, at the time when a payment under this Agreement becomes due, the Parliament of Canada has not passed an appropriation that is sufficient and constitutes lawful authority for making the payment. Canada may reduce or terminate any payment under this Agreement in response to the reduction of appropriations or departmental funding levels in respect of transfer payments, the Program under which this Agreement was made or otherwise, as evidenced by any appropriation act or the federal Crown's main or supplementary estimates expenditures. Canada will not be liable for any direct, indirect, consequential, exemplary or punitive damages, regardless of the form of action, whether in contract, tort or otherwise, arising from any such reduction or termination of funding. 3.4 FISCAL YEAR BUDGETING a) The amount of the contribution payable by Canada for each Fiscal Year of the Project is set out in Schedule B2 (Project Components and Cashflow). b) If the actual amount payable by Canada in respect of any Fiscal Year of the Project is less than the estimated amount in Schedule B.2 (Project Components and Cashflow), the Recipient may request that Canada re -allocate the difference between the two amounts to a subsequent Fiscal Year. Subject to Subsection 3.3 (Appropriations and Funding Levels), Canada agrees to make reasonable efforts to accommodate the Recipient's request. The Recipient acknowledges that requests for re -allocation of Project funding will require appropriation adjustments or federal Crown approvals. c) In the event that any requested re -allocation of Project funding is not approved, the amount of Canada's contribution payable pursuant to Subsection 3.1 (Commitments by Canada) may be reduced by the amount of the requested re -allocation. If the contribution payable by Canada pursuant to Subsection 3.1 (Commitments by Canada) is so reduced, the Parties agree to review the effects of such reduction on the overall implementation of the Project and to adjust the terms and conditions of this Agreement as appropriate. 3.5 INABILITY TO COMPLETE PROJECT If, at any time during the term of this Agreement, one or all of the Parties determine that it will not be possible to complete the Project for any reason, the Party will immediately notify the other Party of that determination and Canada may suspend its funding obligation. The Recipient will, within thirty (30) business days of a request from Canada, provide a summary of the measures that it proposes to remedy the situation. If Canada is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 15 (Default) and Canada may declare a default pursuant to Section 15 (Default). 3.6 CONDITIONS PRECEDENT a) Condition The Recipient agrees that Canada has no obligation to make payments under this Agreement unless and until: The Recipient completes a greenhouse gas emissions assessment that includes a cost -per -tonne calculation for the project to Canada's satisfaction and provides it to Canada. The Recipient enters into an Ultimate Recipient Agreement with each Ultimate Recipient in accordance with this Agreement. Agreement. 4. THE RECIPIENT REPRESENTATIONS AND WARRANTIES The Recipient represents and warrants to Canada that: a) The Recipient has the capacity and authority to enter into and execute this Agreement as duly authorized by resolution of the Common Council of the City of Saint John, dated [INSERT]; b) The Recipient has the capacity and authority to carry out the Project; c) The Recipient has the requisite power to own the Assets for which it is responsible and the Ultimate Recipient have the requisite power to own the Assets for which it is responsible in accordance with Schedule B (Project Details); d) This Agreement constitutes a legally binding obligation of the Recipient, enforceable against it in accordance with its terms and conditions; e) All information submitted to Canada as set out in this Agreement is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) Any individual, corporation or organization that the Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing Canada on the Recipient's behalf, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; g) The Recipient has not and will not make a payment or other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, or corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act; h) There are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Recipient's ability to carry out the activities contemplated by this Agreement. The Recipient will inform Canada immediately if any such action or proceedings are threatened or brought during the term of this Agreement. 5. OVERSIGHT COMMITTEE Within sixty (60) business days of the date of the last signature of this Agreement, the Parties will establish an Oversight Committee comprising a federal co-chair and a co-chair from the Recipient. The Oversight Committee will: a) Monitor compliance with the terms and conditions of this Agreement; b) Monitor the implementation of Schedule C (Communications Protocol); c) Monitor the progress of the Project as per described in Section 9 (Reporting); d) Ensure that audit plans are carried out as per this Agreement, including but not limited to Section 11 (Audit); e) Act as a forum to resolve potential issues and address concerns; f) Review and, as necessary, recommend to the Parties amendments to the Agreement; and g) Attend to any other function required by this Agreement, or as mutually agreed to by the Parties. 6. CONTRACT PROCEDURES 6.1 AWARDING OF CONTRACTS not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Contract to be ineligible. 6.2 CONTRACT PROVISIONS The Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement. More specifically but without limiting the generality of the foregoing, the Recipient agrees to include terms and conditions in all Contracts to ensure that: a) The Third Party will keep proper and accurate financial accounts and records, including but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of the Project for at least six (6) years after the Agreement End Date and that the Recipient has the contractual right to audit them; b) All applicable labour, environmental, and human rights legislation is respected; and c) Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the Project and will have reasonable and timely access to the Project sites and to any documentation relevant for the purpose of audit. 7. RECIPIENT AGREEMENT WITH ULTIMATE RECIPIENT 7.1 AWARDING OF FUNDING TO OTHER ENTITIES a) The Recipient will only further distribute funding to an Ultimate Recipient up to a maximum of four million, five hundred and sixty-two thousand, eight hundred and seventy dollars ($4,562,870) for Eligible Expenditures under this Agreement and which are in accordance with the Project. b) The Recipient will not receive any payment, product, service or any benefit whatsoever from the Ultimate Recipient in return for the awarding of such funding. If Canada determines that the the Recipient has awarded the Ultimate Recipient Agreement in a manner that is not in compliance with the foregoing, upon notification to the Recipient, Canada may consider the expenditures associated with the Ultimate Recipient Agreement to be ineligible. c) The Recipient agrees to enforce the Ultimate Recipient Agreement and agrees that no default under such agreement will constitute a defence to any default of the Recipient hereunder. d) The Recipient agrees that the failure by the Recipient to include the relevant clauses of this Agreement in the Ultimate Recipient Agreement will not constitute a defence to any default of the Recipient hereunder. 7.2 CONTENT OF ULTIMATE RECIPIENT AGREEMENT a) The Recipient will ensure that the Ultimate Recipient Agreement is consistent with, and is no less favourable to Canada than, the Agreement and includes the relevant terms and conditions of the Agreement with such reasonable and necessary modifications as the circumstances require. b) The Recipient agrees to include, without limitation, in the Ultimate Recipient Agreement the following terms and conditions with such reasonable and necessary modifications as the circumstances require: a. Subsection 3.2a) (Commitment by the Recipient); b. Subsection 3.5 (Inability to Complete Project); c. Paragraph 4 (the Recipient Representations and Warranties); d. Section 6 (Contract Procedures); e. Section 11 (Audit); f 10 /C„��+�.,r\• Section 17 (Limitation of Liability and Indemnification); k. Section 18 (Disposal of Assets); Section 19 (General); m. Schedule B (Project Details) n. Schedule C (Communications Protocol) o. Any other section of the Agreement which the Recipient deems necessary. 8. CLAIMS AND PAYMENTS 8.1 PAYMENT CONDITIONS a) Canada will not pay interest for failing to make a payment under this Agreement. b) Canada will not make a payment until the conditions identified in subsection 3.6 (Conditions Precedent) have been met; c) Canada will not make a payment, other than the first Fiscal Year in which claims are submitted, unless Canada has received and approved reports as required under Section 9 (Reporting) and any audit requirements as required in Section 11 (Audit); d) Canada will not pay any claims until the requirements under Section 20 (Environmental Assessment) and Section 21 (Aboriginal Consultations), if applicable, are, in Canada's opinion, satisfied to the extent possible at the date the claim is submitted to Canada. 8.2 CLAIMS AND PAYMENTS a) The Recipient will submit claims to Canada covering the Eligible Expenditures, in a form acceptable to Canada. Each claim must include the following: an attestation by a senior official designated in writing by the Recipient that the information submitted in support of the claim is accurate and that Eligible Expenditures have been incurred; a breakdown of Eligible Expenditures claimed by Project Component in accordance with Schedule B2 (Project Components and Cashflow); iii. upon request by Canada, any documents in support of eligible expenditures claimed. b) Canada will make a payment upon review and acceptance of a claim, subject to the terms and conditions of this Agreement. c) The Recipient will provide a final claim to Canada no later than twelve months after Project Substantial Completion Date, along with all information required under Subsections 9.2 (Final report), Section 11 (Audit), and Declaration of Substantial Completion (Schedule D). 8.3 DECLARATION OF SUBSTANTIAL COMPLETION a) Prior to executing the Declaration of Substantial Completion, the Recipient will request confirmation from Canada as to whether the Declaration of Completion lists all relevant documents; b) The Declaration of Substantial Completion must be signed by an authorized official as deemed acceptable by Canada, and it must list all relevant documents as agreed to by Canada. 8.4 PAYMENT DEADLINE a) Canada will not have the obligation to make a payment after March 31 st of the year following the Fiscal Year in which the Eligible Expenditures were incurred; and b) Canada will make the final payment no later than March 31st, 2028. 8.5 RETENTION OF CONTRIBUTION 8.6 FINAL ADJUSTMENTS Upon Canada's receipt of the final claim, but before issuing the final payment, the Parties will jointly carry out a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. 8.7 FINAL PAYMENT Canada will make a final payment upon review and acceptance of the final claim, subject to the terms and conditions of this Agreement. 9.1 PROGRESS REPORT a) The Recipient will submit progress reports to Canada at a timing and frequency determined by Canada but no less than every six months. The progress report will be attested by a senior designated official. The first progress report under this Agreement must cover the period from the Project Approval Date. b) Each progress report must include, at a minimum, the following information: i. Project Title ii. cost sharing breakdown, including Canada's contribution funding to the Project by Fiscal Year and any other sources of funding; iii. construction start and end dates (forecast/actual); iv. project progress for the period; V. an update on Project issues/risks, if any, and mitigation measures; vi. an update on project alignment to meet results as described in Schedule B, section 2.; and vii. confirmation of the Project's installed signage, if applicable. c) Expected and actual results related to community employment benefits for the Project will be included in a progress report on an annual basis. 9.2 FINAL REPORT The Recipient will submit a final report to Canada with the final claim for approval no later than twelve (12) months after the Substantial Completion Date. The final report will include: a) All information required under paragraph 9.1. (Progress Report), covering the period from the last progress report to the date of submitting the final claim; and b) A cumulative summary of the results and the financials for the Project, which will include the following information: the Project's completed results compared to the baseline established prior to the start of the Project as listed under Schedule B (Project Details); ii. total expenditures and Eligible Expenditures by source of funding as well as federal contribution by Fiscal Year for the Project; iii. an attestation, signed by a delegated senior official, that the Project has been completed and that federal funding was spent on Eligible Expenditures in accordance with this Agreement; iv. reporting on community employment benefits and demonstrating that all environmental conditions and aboriginal consultation and accommodation requirements have been met; V. confirmation of the Total Financial Assistance in accordance with paragraph 3.2 (f) (Commitments by the Recipient) and Schedule B3 (Total Financial Assistance). 10. INFORMATION MANAGEMENT The Recipient will use the Infrastructure Recipient Information System (IRIS), or a process designated by Canada, to fulfill the obligations of the Recipient under this Agreement, audit reports, and ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations. The Recipient will submit to Canada in writing as soon as possible, but no later than sixty (60) days following receiving it, a report on follow-up actions taken to address recommendations and results of the audit. b) Canada may, at its discretion, conduct a Recipient audit related to this Agreement during the term of this Agreement and up to two years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Section 20.2 (Accounting Principles). c) The Recipient will ensure proper and accurate financial accounts and records are kept, including but not limited to its Contracts, invoices, statements, receipts, and vouchers in respect to the Project for at least six (6) years after the Agreement End Date. 12. EVALUATION The Recipient agrees to provide Project -related information to Canada during and following the termination of the Agreement in order for Canada to conduct any evaluation of the performance of the Program. All evaluation results will be made available to the public, subject to all applicable laws and policy requirements. 13. ACCESS The Recipient will provide Canada and its designated representatives with reasonable and timely access to the Project sites, facilities, and any documentation for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement. 14. COMMUNICATIONS 14.1 COMMUNICATIONS PROTOCOL a) The Parties will comply with Schedule C (Communications Protocol). b) The Recipient will acknowledge Canada's contribution in all signage and public communication produced as part of the Project or Agreement, in a manner acceptable to Canada, unless Canada communicates in writing to the Recipient that this acknowledgement is not required. c) The Recipient acknowledges that the following may be made publicly available by Canada: its name, the amount awarded by Canada, and the general nature of the Project; and any evaluation or audit report and other reviews related to this Agreement. 14.2 OFFICIAL LANGUAGES a) The Recipient will ensure that information on the Project is developed and is available in both official languages when intended for the information of, or use by the public. b) The Recipient will communicate in such a manner as to address the needs of both official language communities. 15. DISPUTE RESOLUTION The Parties will keep each other informed of any issue that could be contentious by exchanging information and will, in good faith and reasonably, attempt to resolve potential disputes. a) If a contentious issue arises, it will be referred to the Oversight Committee. The Oversight Committee will examine it and, in good faith, attempt to resolve it, within thirty (30) business days from the receipt of notice. b) Where the Oversight Committee cannot agree on a resolution, the issue will be referred to the Parties for resolution. The Parties will provide a decision within related to such issue, pending resolution. e) The Parties agree that nothing in this Section will affect, alter or modify the rights of Canada to terminate this Agreement. 16. DEFAULT 16.1 EVENTS OF DEFAULT The following events constitute Events of Default under this Agreement: a) The Recipient has not complied with one or more of the terms and conditions of this Agreement; b) The Recipient has not completed the Project in accordance with the terms and conditions of this Agreement; c) The Recipient has submitted false or misleading information to Canada or made a false or misleading representation in respect of the Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Recipient, to Canada's satisfaction; or d) The Recipient has neglected or failed to pay Canada any amount due in accordance with this Agreement; 16.2 DECLARATION OF DEFAULT Canada may declare default if: a) One or more of the Events of Default occurs. b) Canada gave notice to the Recipient of the event which in Canada's opinion constitutes an Event of Default; and c) The Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate, to the satisfaction of Canada, that it has taken such steps as are necessary to remedy the Event of Default. 16.3 REMEDIES ON DEFAULT In the event that Canada declares a default under Subsection 16.2 (Declaration of Default), Canada may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend any obligation by Canada to contribute or continue to contribute funding to the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) Terminate any obligation of Canada to contribute or continue to contribute funding to the Project, including any obligation to pay any amount owing prior to the date of such termination; c) Require the Recipient to reimburse Canada all or part of the contribution paid by Canada to the Recipient; d) Terminate the Agreement. 17. LIMITATION OF LIABILITY AND INDEMNIFICATION 17.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 17.2 LIMITATION OF LIABILITY In no event will Canada, its officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for: a) Any injury to any Person, including, but not limited to, death, economic loss or in relation to this Agreement or each of the Projects. 17.3 INDEMNIFICATION The Recipient will at all times indemnify and save harmless Canada, its officers, servants, employees or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) Any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) Any damage to or loss or destruction of property of any Person; or c) Any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation in relation to this Agreement or Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of the Agreement by an officer, servant, employee or agent of Canada in the performance of his or her duties. 18. DISPOSAL OF ASSETS a) Unless otherwise agreed to by the Parties, The Recipient will retain title to and ownership of the Assets for which it is responsible in accordance with Schedule B (Project Detail), and will ensure that the Ultimate Recipient retains title to and ownership of the Assets for which the Ultimate Recipient is responsible in accordance with Schedule B (Project Details) for the Asset Disposal Period. b) Notwithstanding any other provision of this Agreement, the Recipient will preserve, maintain and use any Assets for the purposes of the Project. The Recipient will ensure that Assets are preserved, maintained and used for the purposes of the Project. c) The Recipient undertakes to notify Canada in advance in writing at any time within the Asset Disposal Period, if the Recipient or an Ultimate Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any Asset excluding real property acquired with Canada's contribution other than to Canada, the Recipient, a municipal or regional government within the Recipient, or with Canada's consent, and the Recipient will reimburse Canada, at Canada's discretion, in whole or in part, any amount of funds contributed by Canada to the Asset under this Agreement. 19. GENERAL 19.1 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 19.2 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles (GAAP) or the Public Sector Accounting Standards (PSAS) in effect in Canada. 19.3 DEBTS DUE TO THE FEDERAL CROWN Any amount owed to Canada under this Agreement by the Recipient will constitute a debt due to the federal Crown, which the Recipient will reimburse Canada forthwith on demand. 19.4 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN 19.6 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons or the Senate of Canada will be admitted to any share or part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general public. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. 19.7 CONFLICT OF INTEREST No current or former public servant or public office holder to whom any post -employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. The Recipient will promptly inform Canada should it become aware of the existence of any such situation. The Recipient will take the necessary action to ensure that any Ultimate Recipient Agreement or Contract between the Recipient and any Third Party contains a provision to that effect. 19.8 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Canada and the Recipient, between Canada and the Ultimate Recipient or between Canada and a Third Party. b) The Recipient will not represent itself, including in any agreement with a Third Party or Ultimate Recipient, as a partner, employee or agent of Canada. 19.9 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of Canada or to act as an agent for Canada. The Recipient will take the necessary action to ensure that any Contract between the Recipient and any Third Party contains a provision to that effect. 19.10 ASSIGNMENT The Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of Canada. Any attempt by the Recipient to assign any of the rights, duties or obligations of this Agreement without Canada's express written consent is void. 19.11 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement. 19.12 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 19.13 AMENDMENTS This Agreement, including its schedules, can only be amended in writing by the Parties. 19.14 WAIVER A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 19.15 NOTICE 1100 - 180 Kent Street Ottawa, Ontario K1 P OB6 or to such other address or facsimile number or email or addressed to such other person as Canada may, from time to time, designate in writing to the Recipient; and for the Recipient: Mr. Jonathan Taylor Common Clerk, The City of Saint John 15 Market Square, City Hall, 9th Floor, P.O. Box 1971 City of Saint John, New Brunswick E21-41-1 or such other address or facsimile number or email or addressed to such other person as the Recipient may, from time to time, designate in writing to Canada. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 19.16 COMPLIANCE WITH LAWS The Recipient will comply with all applicable laws and regulations and all requirements of regulatory bodies having jurisdiction over the subject matter of the Project. 19.17 GOVERNING LAW This Agreement is governed by the laws applicable in the Province of the Recipient. 19.18 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. 19.19 INTELLECTUAL PROPERTY (a) All intellectual property that arises in the course of the Project will vest in the Recipient or the Ultimate Recipient. (b) The Recipient will obtain the necessary authorizations, as needed, for the implementation of the Project, from third parties who may own the intellectual property rights or other rights in respect of the Project. Canada will assume no liability in respect of claims from any third party in relation to such rights and to the Agreement. 20. ENVIRONMENTAL ASSESSMENT 1. The Recipient agrees that construction or any other physical activity that is carried out in relation to the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will be payable by Canada to the Recipient for the Project unless and until the requirements under the applicable federal environmental or impact assessment legislation are met and continue to be met: a) where the Project is a "designated project" under the applicable federal environmental or impact assessment legislation, i. a decision pursuant to that legislation is made indicating that no environmental or impact assessment is required for the Project; or ii. a decision statement in respect of the Project is issued to the Recipient indicating that: 1. the Project is not likely to cause significant adverse environmental effects; 2. the Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the Project; or 3. the adverse effects with respect to the impact assessment of the Project are in the public interest, circumstances, c) the requirements under any applicable agreements between Canada and Aboriginal groups. 2. The Recipient will comply with, to the satisfaction of Canada and at the Recipient's own expense, all conditions related to the Project referred to in Section 20.1. (Environmental Assessment) and will ensure access to Project sites, facilities, and documentation in accordance with Section 13 (Access). 3. If, as a result of changes to the Project or otherwise, Canada is of the opinion that an environmental or impact assessment or a subsequent determination is required for the Project, the Recipient agrees that construction of the Project or any other physical activity that is carried out in relation to the Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by Canada to the Recipient for the Project unless and until: a) where the Project is "designated project" under the applicable federal environmental or impact assessment legislation, i. a decision pursuant to that legislation is made indicating that no environmental assessment is required for the Project; or ii. a decision statement in respect of the Project is issued to the Recipient indicating that: 1. the Project is not likely to cause significant adverse environmental effects; 2. the Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the Project; or 3. the adverse effects with respect to the impact assessment of the Project are in the public interest, b) where the Project is a "project" under the applicable federal environmental or impact assessment legislation and a determination is made pursuant to that legislation stating that the carrying out of the Project: i. is not likely to cause significant adverse environmental effects; or ii. is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, c) the requirements under any applicable agreements between Canada and Aboriginal groups, are met and continue to be met. 21. ABORIGINAL CONSULTATIONS The Recipient agrees that: No site preparation, vegetation removal or construction will occur for a Project and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by Canada, until Canada is satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirements, have been met and continues to be met. If required, Canada must be satisfied that: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that Canada may deem appropriate. Minister of Infrastructure and Communities and on behalf of the City of Saint John by the Mayor. HER MAJESTY THE QUEEN IN RIGHT OF CITY OF SAINT JOHN CANADA The Honourable Frangois-Philippe His Worship Don Darling Champagne Mayor Minister of Infrastructure and Communities DATE DATE A.1. ELIGIBLE EXPENDITURES a) Eligible Expenditures will be all direct and necessary expenditures incurred by the Recipient towards the eligible Project that are associated with acquiring, planning, designing, constructing or rehabilitating a tangible capital asset, as defined by the Generally Accepted Accounting Principles (GAAP) or the Public Sector Accounting Standards (PSAS) in effect in Canada. This also specifically includes the following: Expenditures directly associated with joint federal communication activities and with Project signage, installed in accordance with federal signage guidelines. The incremental costs of the Recipient's employees or leasing of equipment may be included as eligible expenditures under the following conditions: 1. The Recipient is able to demonstrate that it is not economically feasible to tender a contract; 2. The employee or equipment is engaged directly in respect of the work that would have been the subject of the contract; and 3. The arrangement is approved in advance and in writing by Canada. iii. Costs of Aboriginal consultations, and where appropriate, accommodation. b) All Eligible Expenditures outlined below can be reimbursed to the Recipient only following the Effective Date of the Agreement. c) Expenditures associated with greenhouse gas assessments are Eligible Expenditures which may be incurred prior to the Project Approval Date. All other Eligible Expenditures can begin to accrue effective as of the Project Approval Date. A.2 INELIGIBLE EXPENDITURES a) Expenditures incurred before Project Approval Date, except for expenditures associated with greenhouse gas assessments. b) Expenditures incurred for cancelled projects. C) Expenditures of relocating entire communities. d) Land acquisition except for expenses covered under Schedule A.1.4.. e) Land acquisition in cases where it is the sole Project Component. f) Costs associated with the acquisition of publicly -owned land. g) Leasing land, buildings and other facilities; leasing equipment other than equipment directly related to the construction of the project; real estate fees and related costs, unless in accordance with the requirements described in Schedule A.1.a)ii; h) Any overhead expenditures, including salaries and other employment benefits of any employees of the recipient, the direct or indirect operating or administrative costs of recipients, and more specifically its costs related to planning, engineering, architecture, supervision, management and other activities normally carried out by its staff, unless in accordance with the requirements described in Schedule A.1.a)ii; i) Financing charges, legal fees, and loan interest payments including those related to easements (e.g. surveys). j) Any goods and services costs which are received through donations or in-kind. k) Provincial sales tax and Goods and Services tax/HST, for which the recipient is eligible for a rebate, and any other costs eligible for rebates. 1) Expenditures associated with operating expenses and regularly scheduled maintenance work. obligations have been met and continue to be met; and o) Expenditures related to all emergency services infrastructure. 2-4 PARAS: clear, succinct description of the project and required work (and include a description of the hazard mitigated by the project all sub -projects where applicable) SeaWall Refurbishment: By reinforcing the SeaWall, the City is avoiding a risk that can be catastrophic whereby the SeaWall protects current development that if the SeaWall were not providing a barrier could cause significant damage and safety concerns. Located in the cultural and economic heart of down -town Saint John, and refurbishing the SeaWall will ensure the continued use of this prime property in the cultural and economic fabric of the City of saint John. Detailed Description: -Design of the SeaWall refurbishment will include raising the top of the wall to accommodate sea level rise, higher storm surges and higher wave action. Raise or Replace Pumping Stations: Raising or replace pumping stations (nine wastewater pumping stations and one water pumping station) above flood levels will mitigate the risk of damage caused by flooding, assist in providing continued critical services and will help mitigate the risks associated to the environment due to wastewater contamination. Detailed Description - The mitigation of flood risks of the 9 wastewater pumping stations will reduce the likelihood of uncontrolled sewage overflows from these stations to natural watercourses during flood events. - GHG reduction will be achieved as the pumps and motors specified for the upgraded replacement project will be significantly more efficient than the existing components and therefore will require less power during operation. This upgrade to the pumping stations will result in annual reduction of 491 tonnes of CO2. - Raising or replacement of pumping stations will have a positive effect on the environment as raw sewage releases will be reduced or eliminated therefore reducing environmental contamination. - The Musquash WPS work is an essential source of process water for the local power plant and industrial facilities that require this water to maintain production. - Specific measures that will be adopted to improve the resilience of the pumping stations to flooding includes: 1. Relocate or raise the structure, or vulnerable equipment, above flood elevation. 2. Implement flood warning systems and water level measurement equipment to monitor water levels in advance of peak flood, where applicable. 3. Include backup generator connections within the flood resilient design. 4. Create sewer separation plans to reduce inflow into sanitary sewers. 5. Investigate and monitor the effectiveness of flap gate and backflow prevention techniques. 6. Ensure safe accessibility to station during flooding and to refuel generators. Electrical Substations: The relocation of critical waterfront electrical utility infrastructure is fundamental to the resiliency of the electrical system serving Saint John's core urban neighborhoods. Relocation to a site 12m above the original site and 465m inland is the best option as this will remove 100% of the risk of sea level rise along with the risk of future storm events causing flooding, wave action and salt Detailed Description: - The replacement of two existing electrical substations with a single new electrical substation will increase the reliability for the utility and the City. - Decommissioning the current substations will remove the last of the asbestos breakers and mercury switches in the distribution system. - GHG reduction and environmental value is significant. Over 70% reduction in GHG and the removal of over 60,000L of transformer oil from the risk of spilling into the harbour, river and indigenous fishing grounds. - Existing substation decommissioning on harbour front will free the land up for the City's Waterfront Renewal Plan. - Specific measures that will be adopted to improve the resilience of the substation to flooding includes: 1. The substation will be moved to a new site 16m above sea level and 465m from the water front. 2. All oil filled transformers will have secondary containment of 130% of oil volume. 3. Real Time Monitoring 24/7 of all critical equipment with warning systems on critical equipment. 4. Remote operations of substation -ability to operate entire substation remotely by off-site Distribution Control Centre for normal and emergency purposes. 5. Ability to tie into another local substation for backup. B1.1 Project Objective: 2-4 PARAS: clear, succinct description of the objectives The effects of climate change (increased frequency and severity of heavy rainfall and snow melt, sea level rise, increased wind, wave action and salt spray, as well as increased magnitude and frequency of storm surges) have resulted and are projected to further increase the risk of flooding and failure of the infrastructure included as part of this project (harbour front seawall, 9 wastewater pumping stations, 1 water pumping station and 2 electrical substations). The project is intended to mitigate the risk and increase the resiliency of the critical infrastructure. The 3 components listed in this project have been determined based on vulnerability risk assessment of where the biggest risk is associated with the effects of climate change due to flooding. Based on the infrastructure vulnerability and options available the approach has been determined as either, move to higher ground, provide further protection/barrier from water and any other design requirements to assist in avoiding future damages and keeping the City safe. B1.2 Expected Results at project completion (by asset or asset system): (For the purposes of the following table, the following 3 project components will be referred to by a letter: SeaWall Refurbishment (a); Raise or Replace Pumping Stations (b); New Electrical Substation (c).) Expected Outputs Actual and immediate Indicators Baseline Target Results (info Outcome(s) to be included in final report) Innro�corl con in4irol AIS imhor of nonihi hiil4 �1 1 �1 1 extreme weather (years) previously events assessed as being in need of significant structural upgrades b) Pumping Stations being replaced- 0 years /Pumping stations being raised- 16 years c) 5 years Performance of newly a) 5.58m is a) 6.5m is built or improved designed to designed to infrastructure assets withstand a 1 withstand an (ex. m3) in 100 year estimated 1 in storm event 150 year storm (no allowance event under for sea level current sea rise) levels, or a 1 in b) Current 100 year event Average accounting for Pumping sea level rise Capacity: b) Future (wastewater)- Average 16 liters/sec Pumping (water)- 1540 Capacity: liters/sec (wastewater) - c) 4m above 19 liters/sec sea level (to be confirmed during detailed design) (water)- 1577 liters/sec (to be confirmed during detailed design) c) +16m above sea level Expected Actual intermediate Indicators Baseline Target Results (info Outcome(s) to be included in final report) Increased ability of Percentage of directly Greater Than Less Than 5% communities to affected people by 15% adapt and withstand hazard climate change Percentage of local Greater than Less Than 2% impacts, disasters economic losses per 5% triggered by natural hazard hazards, and Percentage of Greater than Less Than 2% extreme weather population without 20% events essential services during hazard Number of missing Less than 10 Less than 10 people/lives Actual Expected ultimate Indicators Baseline Target Results (info Outcome(s) to be included in final report) depending on asset. Total minimum savings:$176.4 million Minimum Federal Requirements All projects under the DMAF must meet the following federal requirements: a) Meeting or exceeding the applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework (PCF) on Clean Growth and Climate Change. b) Meeting or exceeding the requirement of the highest published accessibility standard in a jurisdiction, defined as the requirements in the Canadian Standards Association Technical Standard Accessible Design for the Built Environment (CAN/CSA B651-12 or newer), in addition to applicable provincial or territorial building codes, and relevant municipal by- laws. B.1.3 Boundaries: Note: 45° 14'39.56" N and 66° 05' 15.58" W to 15° 19'31.41" N and 66° 04'51.88" W The City of Saint John has approximately 97,600m of coastline, that are potentially vulnerable to coastal flooding. (Include map(s) here, if applicable) Project Component Mid -Paints Project Component Midpoint km CSRS-UTM-20N Lat/Long Latitude (N) Longitude (W) 1 (SeaWall) See below See below See below 2 (Pumping Stations) See below See below See below 3 (Electrical Substations) See below See below See below Note: 45° 14'39.56" N and 66° 05' 15.58" W to 15° 19'31.41" N and 66° 04'51.88" W The City of Saint John has approximately 97,600m of coastline, that are potentially vulnerable to coastal flooding. (Include map(s) here, if applicable) W U) U) D U U) 0 LY 0 LU U 0 D W LY d D O 2 FL LL a LY 0 O N O I O LC! N N N N � � A W) 0 0 N O O 04 N Ln Ln N c1r) c1r) 0 M O O 0 i 0 0 N O O M = O N c1r) c1r) � O O i O O O O N O O N 3 N C6 C6 ? LO N 04 04 5 O C4 C4N 3 C4 co cod ) C4 LO LO O Cfl Cfl N C6 C6 ) Ln Ln W+�+ O N C7 C7 O N N co co O N N Q a)O O T- O O O C7 C7 N N N LU to to A N 0 M O O O O � O O LL a LO U O cl co cod co W+�+ N N Ef} to N Q E x LU = LU chW O cu co co N i o 0 � O 0) O V 0 'a 0 N O C: N O i O y m w N N ++ N Q O E � rn U n N a) L ui W E c LU 7 cu cu �. U O o f 1 iee O7 LO This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement with respect to communications activities related to the funded Project. This Communications Protocol will guide all communications activity planning, development and implementation to ensure clear, consistent and coordinated communications to the Canadian public. The provisions of this Communications Protocol apply to all communications activities related to this Agreement including any Projects funded under this Agreement. Communications activities may include, but are not limited to, public or media events, news releases, reports, web and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. C.2 GUIDING PRINCIPLES The Parties recognize the importance of managing the delivery of coherent communications activities based on the principle of transparent and open discussion and collaboration. Communications activities undertaken through this Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about the funded Project and its benefits. The communication activities undertaken jointly by Canada and the Recipient should recognize the funding of all contributors to the Project. The Recipient's public acknowledgement of financial assistance received from Canada is a condition of funding under this Agreement. The Recipient will address any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. C.3 GOVERNANCE The Parties will designate communications contacts and form a communications subcommittee that will be responsible for preparing the Project's communications plan, overseeing its implementation and reporting on its results to the Oversight Committee. C.4 PROGRAM COMMUNICATIONS Canada retains the right to meet its obligations to communicate information to Canadians about the Program and the use of funding through its own communications products and activities. Canada and the Recipient may also include general program messaging and an overview of this Project as an example in their own communications products and activities. The Party undertaking these activities will recognize the funding of the Parties. Canada and the Recipient agree that they will not unreasonably restrict the other Party or other funding contributors from using, for their own purposes, public communications products related to the Project that were prepared collectively or individually by the Parties, and if web -based, from linking to them. Canada and the Recipient will ensure that: a) Canada and the Recipient will work together with respect to Joint Communications about the Project. b) Joint Communications related to Project funded under this Agreement should not occur without the prior knowledge and agreement of each of the Parties. Communications Activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative in the case of an event. f) As Canada has an obligation to communicate in English and French, Communications products related to events must be bilingual and include the Canada word mark and the other Party's logo. In such cases, Canada will provide the translation services and final approval of products. g) The conduct of all Joint Communications will follow the Table of Precedence for Canada. Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. The Recipient agrees to collaborate with Canada on communications activities and products including, but not limited to, Project success stories, vignettes, and multi -media products. C.5 INDIVIDUAL COMMUNICATIONS The Recipient will ensure that: a) Where a website or webpage is created to promote or communicate progress on a funded Project or Projects, it must recognize federal funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, "This project is funded in part by the Government of Canada." The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.gc.ca. The guidelines for how this recognition is to appear and language requirements are published on Infrastructure Canada's website (http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-eng.html). b) Canada will be provided with a minimum of one photograph of the Project construction in progress and, at minimum, one photograph of the completed Project, for use in social media and other digital individual Communications Activities. c) The Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual communications activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.photos(o�canada.ca along with Project name and location. C.6 OPERATIONAL COMMUNICATIONS The Recipient is solely responsible for operational communications with respect to the Project, including, but not limited to, calls for tender, construction, and public safety notices. Operational communications will include the following statement: "This project is funded in part by the Government of Canada". Operational communications as described above are not subject to the federal official languages policy. Canada and the Recipient will share information promptly with the other Party should significant media inquiries be received or if major stakeholder issues relating to the Project arise. C.7 SIGNAGE Unless otherwise agreed upon by Canada, the Recipient will produce and install a sign to recognize contributors' funding at each Project site in accordance with current federal signage guidelines The sign's design, content, and installation guidelines are provided by Canada (http://www.infrastructure.qc.ca/pub/signage-panneaux/intro-eng.htm1). remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. The Recipient will ensure that signs are installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Sign installations shall be reported to Canada as per subsection 9.1 b) (Progress Report). C.8 ADVERTISING CAMPAIGNS Recognizing that advertising can be an effective means of communicating with the public, Canada and the Recipient may, at their own cost, organize an advertising or public information campaign related to the Program or the funded Project. However, such a campaign must respect the provisions of this Agreement. In the event of such a campaign, each Party agrees to inform the other Party of its intention, no less than twenty-one (21) business days prior to the campaign launch. as represented by the Minister of Infrastructure and Communities, and the Recipient, as represented by (Name), concerning the Saint John Flood Mitigation Strategy Project. I, (Name), of the City of , Province/Territory of the Recipient, declare as follows: 2. I hold the position of with the Recipient and as such have knowledge of the matters set forth in this declaration and believe this declaration to be true. a) I have received the following documents for the Saint John Flood Mitigation Strategy Project: [1IIST INAMIE OIf� II IEII.....IEVAIN T IDOCUMEIN T(S), P.C. CIE lRT1l:::]CATIE- Ol: COMIPII.....IETIIOIN„ CIEII TIII:::]CATIE OF PEII If�OII MANCE„ OCCUIPAINCY PERMIT, , IEC] signed by (Name), a (Profession, e.g. professional engineer) for the Project. CAIDID SAME TEXT AS IN li If�OR EACII N IDOCUMIFIN'Tp b) Based on the above documents and the representations made to me by the professionals identified in Section 2(a) above, I declare to the best of my knowledge and belief that the Project: has been substantially completed, as described in Schedule B Description) of the Agreement, dated on the day of _ 20_; was carried out between the dates (Substantial Completion Date). (Project (start date) and [Insert 3, if applicable.] 3. 1 have received the following documents and based on these documents and representations made to me by the professionals identified below, I declare to the best of my knowledge and belief that the Project conforms with the [applucaNe enviironmentaU ireview or assessment e.g.„ Canadian Environmental Assessment Act, 2012, or IlNoirtheirn IRegirne]: Declared at [1IIST NAME OF II IEII.....IEVAIN T IDOCUMIEIN T(S)p signed by (Name), an CAIDID SAME TEXT AS IN li I:::�OIR IEACII N IDOCUMEIN'T 4. All terms and conditions of the Agreement that are required to be met as of the date of this declaration have been met. (City), in this day of 1 20 (Province/Territory) \- y ULTIMATE RECIPIENT AGREEMENT FOR SAINT JOHN FLOOD MITIGATION STRATEGY PROJECT This Agreement is made in triplicate this day of BETWEEN: , 2019. THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "Recipient"), -and - 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 called the "Ultimate Recipient"), individually referred to as a "Party" and collectively referred to as the "Parties" herein. RECITALS WHEREAS the Recipient has applied for and been approved for funding from Her Majesty the Queen in Right of Canada, as represented by the Minister of Infrastructure and Communities ("Canada"), under a fund known as the Disaster Mitigation and Adaptation Fund (the "Program"); AND WHEREAS the funding allocated to the Recipient under the Program is to support the Saint John Flood Mitigation Strategy Project (the "Project") as is more fully described and set out in a separate agreement between the Recipient and Canada, which is attached hereto and marked as Schedule "A" and forms part of this Agreement; AND WHEREAS Schedule "A" obligates the Recipient to enter into a separate agreement with the Ultimate Recipient with such separate agreement containing specific terms required by Canada with respect to the components of the Project to be completed by the Ultimate Recipient, (such components hereinafter referred to as the "SJE Project") for which the Ultimate Recipient is fully responsible for completing; NOW THEREFORE, in accordance with the mutual covenants and agreements herein, the Parties hereby agree as follows: 1. Commitment by the Ultimate Recipient The Ultimate Recipient will ensure the SJE Project is completed in a diligent and timely manner, as per the project details outlined in Schedule "B", within the costs and deadlines specified in this Agreement and in accordance with the terms and conditions of this Agreement and, more generally, in accordance with Schedule ii, CAL Cady Lill IN, uui11Iy UINi «ilii vi LI 11,2 i%,irR, UINi I.JIU111G1Ni I IL uN«i1iiii1%,.? that it will not be possible to complete the SJE Project for any reason, the Ultimate Recipient will immediately notify the Recipient of that determination and Canada may suspend its funding obligation. The Ultimate Recipient will, within thirty (30) business days of a request from the Recipient, provide a summary of the measures that it proposes to remedy the situation. If the Recipient is not satisfied that the measures proposed will be adequate to remedy the situation, then this will constitute an Event of Default under Section 8.1 (Events of Default) and a default may be declared pursuant to Section 8.2 (Declaration of Default). 3. The Ultimate Recipient's Representations and Warranties The Ultimate Recipient represents and warrants to the Recipient that: a) The Ultimate Recipient has the capacity and authority to enter into and execute this Agreement; b) The Ultimate Recipient has the capacity and authority to carry out the SJE Project; c) The Ultimate Recipient has the requisite power to own the Assets that pertain to the SJE Project; d) This Agreement constitutes a legally binding obligation of the Ultimate Recipient, enforceable against it in accordance with its terms and conditions; e) All information submitted to the Recipient by the Ultimate Recipient for further submission to Canada, as set out in this Agreement and in Schedule "B" as it relates to the SJE Project is true, accurate, and was prepared in good faith to the best of its ability, skill, and judgment; f) Any individual, corporation or organization that the Ultimate Recipient has hired, for payment, who undertakes to speak to or correspond with any employee or other person representing the Recipient or Canada, concerning any matter relating to the contribution under this Agreement or any benefit hereunder and who is required to be registered pursuant to the federal Lobbying Act, is registered pursuant to that Act; g) The Ultimate Recipient has not and will not make a payment or other compensation that is contingent upon or is calculated upon the contribution hereunder or the negotiation of the whole or any part of the terms and conditions of this Agreement to any individual, or corporation or organization with which that individual is engaged in doing business with, who is registered pursuant to the federal Lobbying Act; and h) There are no actions, suits, investigations or other proceedings pending or, to the knowledge of the Ultimate Recipient, threatened and there is no order, judgment or decree of any court or governmental agency which could materially and adversely affect the Ultimate Recipient's ability to carry out the activities contemplated by this Agreement and in Schedule "B" The Ultimate Recipient will inform the Recipient immediately if any such action or proceedings are threatened or brought during the term of this Agreement. a) The Ultimate Recipient will ensure that Contracts will be awarded in a way that is fair, transparent, competitive and consistent with value -for -money principles or in a manner otherwise acceptable to the Recipient and Canada, and if applicable, in accordance with the Canadian Free Trade Agreement and international trade agreements. b) If the Recipient or Canada determines that the Ultimate Recipient has awarded a Contract in a manner that is not in compliance with the foregoing, upon notification to the Ultimate Recipient, the Recipient or Canada may consider the expenditures associated with the Contract to be ineligible. 4.2 CONTRACT PROVISIONS The Ultimate Recipient will ensure that all Contracts are consistent with, and incorporate, the relevant provisions of this Agreement and Schedule "A". More specifically but without limiting the generality of the foregoing, the Ultimate Recipient agrees to include terms and conditions in all Contracts to ensure that: a) Any Third Party will keep proper and accurate financial accounts and records, including but not limited to its Contracts, invoices, statements, receipts, and vouchers, in respect of the Project for at least six (6) years after the Agreement End Date, and that the Ultimate Recipient, the Recipient or Canada has the contractual right to audit them; b) All applicable labour, environmental, and human rights legislation is respected; and c) Canada, the Auditor General of Canada, and their designated representatives, to the extent permitted by law, as well as the Recipient, will at all times be permitted to inspect the terms and conditions of the Contract and any records and accounts respecting the SJE Project and will have reasonable and timely access to the SJE Project sites and to any documentation relevant for the purpose of audit. a) The Ultimate Recipient agrees to inform the Recipient of any audit that has been conducted on the use of contribution funding under this Agreement, provide the Recipient with all relevant audit reports, and ensure that prompt and timely corrective action is taken in response to any audit findings and recommendations. The Ultimate Recipient will submit to the Recipient in writing as soon as possible, but no later than sixty (60) days following receiving it, a report on follow-up actions taken to address recommendations and results of the audit. b) The Recipient or Canada may, at its discretion, conduct an Ultimate Recipient audit related to this Agreement during the term of this Agreement and up to two years after the Agreement End Date, in accordance with the Canadian Auditing Standards and Section 20.2 (Accounting Principles). All audits conducted by the Recipient or Canada will be at the Recipient's or Canada's expense, as applicable. c) The Ultimate Recipient will ensure proper and accurate financial accounts and records are kept, including but not limited to its Contracts, invoices, statements, receipts, and vouchers in respect to the SJE Project for at least six (6) years I I IV IJIIIII IGIV 1 \V VIrl1 VI Il GlJl VVV lV NI WV IVV llVL 1 I wj\, L I VIGIVu II IIVI II IGUVI l lV 111V Recipient and/or Canada during and following the termination of the Agreement in order for Canada to conduct any evaluation of the performance of the Program. All evaluation results will be made available to the public, subject to all applicable laws and policy requirements. 7. Access The Ultimate Recipient will provide the Recipient and Canada and its designated representatives with reasonable and timely access to the SJE Project sites, facilities, and any documentation for the purposes of audit, inspection, monitoring, evaluation, and ensuring compliance with this Agreement. 8. Default 8.1 EVENTS OF DEFAULT The following events constitute "Events of Default" under this Agreement: a) The Ultimate Recipient has not complied with one or more of the terms and conditions of this Agreement; b) The Ultimate Recipient has not completed the SJE Project in accordance with the terms and conditions of this Agreement; c) The Ultimate Recipient has submitted false or misleading information to the Recipient or made a false or misleading representation in respect of the SJE Project or in this Agreement, except for an error in good faith, demonstration of which is incumbent on the Ultimate Recipient, to the Recipient's satisfaction; or d) The Ultimate Recipient has neglected or failed to pay the Recipient any amount due in accordance with this Agreement or as otherwise anticipated by separate agreement or arrangement. 8.2 DECLARATION OF DEFAULT The Recipient may declare default if: a) One or more of the Events of Default occurs; b) The Recipient gave notice to the Ultimate Recipient of the event which in the Recipient or Canada's opinion constitutes an Event of Default; and c) The Ultimate Recipient has failed, within thirty (30) business days of receipt of the notice, either to remedy the Event of Default or to notify and demonstrate, to the satisfaction of the Recipient or Canada, that it has taken such steps as are necessary to remedy the Event of Default. 8.3 REMEDIES ON DEFAULT In the event that the Recipient or Canada declares a default under Section 8.2 (Declaration of Default), the Recipient or Canada may exercise one or more of the following remedies, without limiting any remedy available to it by law: a) Suspend any obligation by the Recipient or Canada to contribute or continue to contribute funding to the SJE Project, including any obligation to pay an amount owing prior to the date of such suspension; c) Require the Ultimate Recipient to reimburse the Recipient or Canada, as the case may be, all or part of the contribution paid to the Ultimate Recipient; and d) Terminate the Agreement. 9. Limitation of Liability and Indemnification 9.1 DEFINITION OF PERSON In this section, "Person" includes, without limitation, a person, the Ultimate Recipient, a Third Party, a corporation, or any other legal entity, and their officers, servants, employees or agents. 9.2 LIMITATION OF LIABILITY In no event will the Recipient or Canada, or their officers, servants, employees or agents be held liable for any damages in contract, tort (including negligence) or otherwise, for- a) Any injury to any Person, including, but not limited to, death, economic loss or infringement of rights; b) Any damage to, loss of, or destruction of property of any Person; or c) Any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation; in relation to this Agreement or, more generally, the Ultimate Recipient's execution of the SJE Project. 9.3 INDEMNIFICATION The Ultimate Recipient will at all times indemnify and save harmless the Recipient and Canada, and their officers, servants, employees or agents, from and against all actions, claims, demands, losses, costs, damages, suits or other proceedings, whether in contract, tort (including negligence) or otherwise, by whomsoever brought or prosecuted in any manner based upon or occasioned by: a) Any injury to any Person, including, but not limited to, death, economic loss or any infringement of rights; b) Any damage to or loss or destruction of property of any Person; or c) Any obligation of any Person, including, but not limited to, any obligation arising from a loan, capital lease or other long term obligation in relation to this Agreement or the SJE Project, except to the extent to which such actions, claims, demands, losses, costs, damages, suits or other proceedings are caused by the negligence or breach of the Agreement by an officer, servant, employee or agent of the Recipient or Canada in the performance of his or her duties. 10. Disposal of Assets a) Unless otherwise agreed to by the Parties, the Ultimate Recipient retains title to and ownership of the Assets for which the Ultimate Recipient is responsible in accordance with Schedule B (Project Details) for the Asset c) The Ultimate Recipient undertakes to notify Canada in advance in writing at any time within the Asset Disposal Period, if the Ultimate Recipient sells, leases, encumbers or otherwise disposes of, directly or indirectly, any Asset excluding real property acquired with Canada's contribution other than to Canada, the Recipient, a municipal or regional government within the Recipient, or with Canada's consent, and the Ultimate Recipient will reimburse Canada, at Canada's discretion, in whole or in part, any amount of funds contributed by Canada to the Asset under this Agreement. 11.General 11.1 SURVIVAL The Parties' rights and obligations which, by their nature, extend beyond the termination of this Agreement, will survive any termination of this Agreement. 11.2 ACCOUNTING PRINCIPLES All accounting terms will have the meanings assigned to them, all calculations will be made and all financial data to be submitted will be prepared in accordance with the Generally Accepted Accounting Principles (GAAP) in effect in Canada as defined in the Chartered Professional Accountants (CPA) Canada Handbook — Accounting. 11.3 DEBTS DUE TO THE FEDERAL CROWN OR RECIPIENT Any amount owed to the Recipient or Canada under this Agreement by the Ultimate Recipient will constitute a debt due to the Recipient or the Crown, as the case may be, which the Ultimate Recipient will reimburse the Recipient or Canada forthwith on demand. 11.4 INTEREST ON DEBTS DUE TO THE FEDERAL CROWN OR RECIPIENT Debts due to the Recipient or the Crown by the Ultimate Recipient will accrue interest in accordance with the federal Interest and Administrative Charges Regulations. 11.5 SET-OFF Any debt due to the Recipient or the Crown by the Ultimate Recipient may be set- off against any amounts payable under this Agreement or under Schedule "A". 11.6 MEMBERS OF THE HOUSE OF COMMONS AND SENATE No member of the House of Commons, the Senate of Canada or the Common Council of the Recipient will be admitted to any share or part of this Agreement, or to any benefit arising from it, that is not otherwise available to the general public. The Ultimate Recipient will promptly inform the Recipient or Canada should it become aware of the existence of any such situation. 11.7 CONFLICT OF INTEREST No current or former public servant or public office holder to whom any post - employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada or the Recipient applies will derive direct benefit from this Agreement unless the provision or receipt of such benefits is in compliance with such 11.8 NO AGENCY, PARTNERSHIP, JOINT VENTURE, ETC. a) No provision of this Agreement and no action by the Parties will establish or be deemed to establish a partnership, joint venture, principal -agent relationship or employer-employee relationship in any way or for any purpose whatsoever between Canada and/or the Recipient and the Ultimate Recipient or between Canada and/or the Recipient and a Third Party. b) The Ultimate Recipient will not represent itself, including in any agreement with a Third Party, as a partner, employee or agent of the Recipient or Canada. 11.9 NO AUTHORITY TO REPRESENT Nothing in this Agreement is to be construed as authorizing any person, including a Third Party, to contract for or to incur any obligation on behalf of the Recipient or Canada or to act as an agent for the Recipient or Canada. The Ultimate Recipient will take the necessary action to ensure that any Contract between the Ultimate Recipient and any Third Party contains a provision to that effect. 11.10 ASSIGNMENT The Ultimate Recipient will not transfer or assign its rights or obligations under this Agreement without the prior written consent of the Recipient. Any attempt by the Ultimate Recipient to assign any of the rights, duties or obligations of this Agreement without the Recipient's express written consent is void. 11.11 COUNTERPART SIGNATURE This Agreement may be signed in counterpart, and the signed copies will, when attached, constitute an original agreement. 11.12 SEVERABILITY If for any reason a provision of this Agreement that is not a fundamental term of this Agreement between the Parties is found to be or becomes invalid or unenforceable, in whole or in part, and if both Parties agree, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 11.13 AMENDMENTS This Agreement, including its schedules, can only be amended in writing by the Parties. FEKE i%T1rJ:f i A Party may waive any of its rights under this Agreement only in writing. Any tolerance or indulgence demonstrated by the Party will not constitute a waiver. 11.15 NOTICE Any notice provided for under this Agreement may be delivered in person, sent by mail addressed to: for Canada: A�.';I.I;TANT nFPl1TY MINISTFR for the Recipient: Mr. Jonathan Taylor Common Clerk, The City of Saint John 15 Market Square, City Hall, 9t" Floor P.O. Box 1971 City of Saint John, New Brunswick E2L 4L1 or to such other address or facsimile number or email or addressed to such other person as the Recipient or Canada may, from time to time, designate in writing to the Ultimate Recipient; and for the Ultimate Recipient: Ray Robinson Chief Executive Officer, The Power Commission of the City of Saint John 325 Simms Street Saint John, New Brunswick E2M 3L6 or such other address or facsimile number or email or addressed to such other person as the Ultimate Recipient may, from time to time, designate in writing to the Recipient or Canada. Such notice will be deemed to have been received, if sent by mail or email, when receipt is acknowledged by the other Party; by facsimile, when transmitted and receipt is confirmed; and in person, when delivered. 11.16 COMPLIANCE WITH LAWS The Ultimate Recipient will comply with all applicable laws and regulations and all requirements of regulatory bodies having jurisdiction over the subject matter of the SJE Project. 11.17 GOVERNING LAW This Agreement is governed by the laws applicable in the Province of the Recipient. 11.18 SUCCESSORS AND ASSIGNS This Agreement is binding upon the Parties and their respective successors and assigns. 11.19 INTELLECTUAL PROPERTY (a) All intellectual property that arises in the course of the SJE Project will vest in the Ultimate Recipient. (b) The Ultimate Recipient will obtain the necessary authorizations, as needed, for the implementation of the SJE Project, from third parties who may own the intellectual property rights or other rights in respect of the SJE Project. Neither the Recipient nor Canada will assume any liability in respect of claims from any third party in relation to such rights and to the Agreement. Agreement shall have the meanings given to them in Schedule "A". 12. Additional General Provision (a) Notwithstanding the foregoing provisions, the Ultimate Recipient acknowledges and agrees that its obligations respecting the SJE Project will be discharged fully in compliance with the terms outlined in Schedule "A" hereto and in any document or submissions that the Ultimate Recipient participated in which led to the Recipient's successful application for funding under the Program. As such, the Ultimate Recipient agrees to comply in a timely fashion respecting any requests for information or requirements of the Recipient, or Canada, as determined by the Recipient or Canada, and acknowledges and agrees that it is fully responsible and, accordingly, fully liable for the SJE Project. The Ultimate Recipient, in view of this acknowledgment further acknowledges and agrees that any costs or liabilities associated in any way whatsoever with the SJE Project shall be borne solely by the Ultimate Recipient and that the Ultimate Recipient shall indemnify and hold the Recipient harmless in every respect for any costs or liabilities of any kind that may be visited upon the Recipient by reason of any actions or inaction whatsoever of the Ultimate Recipient with the only matter for determination by a Court being whether the cost or liability in question was indeed occasioned in respect of the SJE Project. (b) The Ultimate Recipient acknowledges that funding eligibility for the three components of the Project under the Program is dependent upon meeting the minimum combined expenditure threshold of $20,000,000 and further acknowledges that without the SJE Project that the aforementioned threshold would not be satisfied. The Ultimate Recipient also acknowledges that Schedule "A" stipulates that a range of penalties may be imposed by Canada against the Recipient should the aforementioned threshold not be met, including the revocation or clawback of funding for any or all components of the Project. As a consequence, and in full recognition of these circumstances, the Ultimate Recipient acknowledges and agrees that it shall make the Recipient whole from a financial perspective if it is the case that the revocation or clawback of funding to the Recipient of any funding for the Project under the Program can be demonstrated to have been occasioned by the action or inaction of the Ultimate Recipient and the Recipient agrees that in the event Canada revokes or claws back funding for the Project for reasons unrelated to the SJE Project, the Recipient will continue to support Canada fully funding the SJE Project and will not revoke or clawback funds from the SJE Project to be used to support other components of the Project. (c) For certainty, the Recipient agrees that the funds allocated to the Ultimate Recipient for the SJE Project shall not be used by the Recipient for any other components of the Project unless and until the SJE Project has been completed. 13. Environmental Assessment Should federal environmental or impact assessment legislation be found to have any application to the SJE Project, the Ultimate Recipient: a) agrees that construction or any other physical activity that is carried out in relation to the SJE Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will be payable by Canada to the Recipient for the SJE Project unless and until the requirements under the applicable federal environmental or impact 1. a decision pursuant to that legislation is made indicating that no environmental or impact assessment is required for the SJE Project; or 2. a decision statement in respect of the SJE Project is issued to the Recipient indicating that: a. the SJE Project is not likely to cause significant adverse environmental effects; b. the SJE Project is likely to cause significant adverse environmental effects that the Governor in Council decides are justified in the circumstances, which decision statement may contain conditions in respect of the Project; or c. the adverse effects with respect to the impact assessment of the SJE Project are in the public interest, b) where the SJE Project is a "project" under the applicable federal environmental or impact assessment legislation, a determination that the carrying out of the SJE Project: 1. is not likely to cause significant adverse environmental effects; or 2. is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, c) the requirements under any applicable agreements between Canada and Aboriginal groups. 2. The Ultimate Recipient will comply with, to the satisfaction of Canada and at the Ultimate Recipient's own expense, all conditions related to the SJE Project referred to in Section 20.1. (Environmental Assessment) of Schedule "A" and will ensure access to Project sites, facilities, and documentation in accordance with Section 13 (Access) of Schedule "A". 3. If, as a result of changes to the SJE Project or otherwise, Canada is of the opinion that an environmental or impact assessment or a subsequent determination is required for the Project, the Ultimate Recipient agrees that construction of the SJE Project or any other physical activity that is carried out in relation to the SJE Project, including site preparation, will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by Canada to the Recipient for the SJE Project unless and until: a) where the SJE Project is "designated project" under the applicable federal environmental or impact assessment legislation, a decision pursuant to that legislation is made indicating that no environmental assessment is required for the SJE Project; or ii. a decision statement in respect of the SJE Project is issued to the Recipient indicating that: 1. the SJE Project is not likely to cause significant adverse environmental effects; 3. the adverse effects with respect to the impact assessment of the SJE Project are in the public interest, b) where the SJE Project is a "project" under the applicable federal environmental or impact assessment legislation and a determination is made pursuant to that legislation stating that the carrying out of the SJE Project: i. is not likely to cause significant adverse environmental effects; or ii. is likely to cause significant adverse environmental effects and the Governor in Council decides that those effects are justified in the circumstances, c) the requirements under any applicable agreements between Canada and Aboriginal groups, are met and continue to be met. 14.ABORIGINAL CONSULTATIONS Should there be any legal duty on the part of the Ultimate Recipient to consult or to accommodate Aboriginal groups with respect to the SJE Project or should other federal consultation requirements be found to have any application to the SJE Project, the Ultimate Recipient agrees that: No site preparation, vegetation removal or construction will occur for a SJE Project and Canada has no obligation to pay any Eligible Expenditures that are capital costs, as determined by Canada, until Canada is satisfied that any legal duty to consult, and where appropriate, to accommodate Aboriginal groups or other federal consultation requirements, have been met and continues to be met. If required, Canada must be satisfied that: a) Aboriginal groups have been notified and, if applicable, consulted; b) If applicable, a summary of consultation or engagement activities has been provided, including a list of Aboriginal groups consulted, concerns raised, and how each of the concerns have been addressed, or if not addressed, an explanation as to why not; c) Accommodation measures, where appropriate, are being carried out by the Ultimate Recipient and these costs may be considered Eligible Expenditures; and d) Any other information has been provided that Canada may deem appropriate. [signature page to follow] by their proper officers and The City of Saint John and The Power Commission of 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: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2019 THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: Raymond R. Robinson, President and CEO [INSERT], Chairman of the Commission %awl I� VI 1 1 VI %-�11I 1 VVI III Disaster Mitigation and Adaption Fund Agreement for Saint John Flood Mitigation Strategy Project Details of THE SAINT JOHN FLOOD MITIGATION STRATEGY PROJECT (the "Project") B1. Project Description to be carried out by the Recipient SeaWall Refurbishment: By reinforcing the SeaWall, the City is avoiding a risk that can be catastrophic whereby the SeaWall protects current development that if the SeaWall were not providing a barrier could cause significant damage and safety concerns. Located in the cultural and economic heart of down -town Saint John, and refurbishing the SeaWall will ensure the continued use of this prime property in the cultural and economic fabric of the City of saint John. Detailed Description- -Design of the SeaWall refurbishment will include raising the top of the wall to accommodate sea level rise, higher storm surges and higher wave action. Raise or Replace Pumping Stations: Raising or replace pumping stations (nine wastewater pumping stations and one water pumping station) above flood levels will mitigate the risk of damage caused by flooding, assist in providing continued critical services and will help mitigate the risks associated to the environment due to wastewater contamination. Detailed Description- - The mitigation of flood risks of the 9 wastewater pumping stations will reduce the likelihood of uncontrolled sewage overflows from these stations to natural watercourses during flood events. - GHG reduction will be achieved as the pumps and motors specified for the upgraded replacement project will be significantly more efficient than the existing components and therefore will require less power during operation. This upgrade to the pumping stations will result in annual reduction of 491 tonnes of CO2. - Raising or replacement of pumping stations will have a positive effect on the environment as raw sewage releases will be reduced or eliminated therefore reducing environmental contamination. - The Musquash WPS work is an essential source of process water for the local power plant and industrial facilities that require this water to maintain production. - Specific measures that will be adopted to improve the resilience of the pumping stations to flooding includes: 1. Relocate or raise the structure, or vulnerable equipment, above flood elevation. 2. Implement flood warning systems and water level measurement equipment to monitor water levels in advance of peak flood, where applicable. 3. Include backup generator connections within the flood resilient design. 4. Create sewer separation plans to reduce inflow into sanitary sewers. 5. Investigate and monitor the effectiveness of flap gate and backflow prevention techniques. resiliency of the electrical system serving Saint John's core urban neighborhoods. Relocation to a site 12m above the original site and 465m inland is the best option as this will remove 100% of the risk of sea level rise along with the risk of future storm events causing flooding, wave action and salt sprays which could cause disruption of essential electrical services to 25% of the regional workforce. In addition transformer oil released it an incident would immediately enter the harbour and the Saint John River. If the event happened in the winter months the 7,500 residents and 1,150 businesses would be displaced for up to 6 months and the freezing water piping in the uptown area would cause substantial damage. Detailed Description- - The replacement of two existing electrical substations with a single new electrical substation will increase the reliability for the utility and the City. - Decommissioning the current substations will remove the last of the asbestos breakers and mercury switches in the distribution system. - GHG reduction and environmental value is significant. Over 70% reduction in GHG and the removal of over 60,000L of transformer oil from the risk of spilling into the harbour, river and indigenous fishing grounds. - Existing substation decommissioning on harbour front will free the land up for the City's Waterfront Renewal Plan. - Specific measures that will be adopted to improve the resilience of the substation to flooding includes: 1. The substation will be moved to a new site 16m above sea level and 465m from the water front. 2. All oil filled transformers will have secondary containment of 130% of oil volume. 3. Real Time Monitoring 24/7 of all critical equipment with warning systems on critical equipment. 4. Remote operations of substation -ability to operate entire substation remotely by off- site Distribution Control Centre for normal and emergency purposes. 5. Ability to tie into another local substation for backup. B1.1 Project Objective: Describe the Project's overall objectives. The effects of climate change (increased frequency and severity of heavy rainfall and snow melt, sea level rise, increased wind, wave action and salt spray, as well as increased magnitude and frequency of storm surges) have resulted and are projected to further increase the risk of flooding and failure of the infrastructure included as part of this Project (harbour front seawall, 9 wastewater pumping stations, 1 water pumping station) including the SJE Project (relocation of 2 electrical substations). The Project is intended to mitigate the risk and increase the resiliency of the critical infrastructure. The 3 components listed in this Project have been determined based on vulnerability risk assessment of where the biggest risk is associated with the effects of climate change due to flooding. Based on the infrastructure vulnerability and options available the approach has been determined as either, move to higher ground, provide further protection/barrier from water and any other design requirements to assist in avoiding future damages and keeping the City safe. referred to by a letter : SeaWall Refurbishment (a); Raise or Replace Pumping Stations (b); the SJE Project - New Electrical Substation (c).) Expected Outputs and immediate Outcome(s) I ncreased structural capacity to adapt to climate change impacts, disasters triggered by natural hazards, and extreme weather events Indicators Number of newly built or improved infrastructure assets Expected lifecycle of newly built or improved infrastructure assets (years) Performance of newly built or improved infrastructure assets (ex. m3) Baseline a) 1 b) 10 C11 a) 0 (The structure has been previously assessed as being in need of significant structural upgrades b) Pumping Stations being replaced- 0 years /Pumping stations being raised - 16 years c) 5 vears a) 5.58m is designed to withstand a1 in 100 year storm (no allowance for sea level rise) b) Current Average Pumping Capacity- (wastewater) - 16 liters/sec a) 6.5m designed to withstand an estimated 1 in 150 year storm event under current sea levels, or a 1 in 100 year event accounting for sea level rise b) Future Average Pumping Capacity: (%A/.gRtP%A/.gtPr)- Actual Results Target (info to be included in final report, a) 1 b) 10 C) 1 a) 50 years b) 30 years c) 50-60 years a) 6.5m designed to withstand an estimated 1 in 150 year storm event under current sea levels, or a 1 in 100 year event accounting for sea level rise b) Future Average Pumping Capacity: (%A/.gRtP%A/.gtPr)- above sea v level (water) - 1577 liters/sec (to be confirmed during detailed design) c) +16m above sea level Actual Expected Results intermediate Indicators Baseline Target (info to be Outcome(s) included in final report) Increased Percentage of Greater Less Than ability of directly affected Than 15% 5% communities to people by hazard adapt and withstand climate Percentage of Greater Less Than change impacts, local economic than 5% 2% disasters triggered losses per hazard by natural hazards, and Percentage of Greater Less Than extreme weather population without than 20% 2% events essential services during hazard Number of Less than Less than missing people/lives 10 10 Actual Expected Results ultimate Indicators Baseline Target (info to be Outcome(s) included in final report) I ncreased Long-term 0 Damages economic, savings on socio- per year: $5.88 environmental and economic damages million social resilience during the asset life cycle Year remaining: 30- 60 years depending on asset. Total minimum savings -$176.4 million Requirements Meeting or exceeding the applicable energy efficiency standards for buildings outlined in the Pan -Canadian Framework (PCF) on Clean Growth and Climate Change. Meeting or exceeding the requirement of the highest published accessibility standard in a jurisdiction, defined as the requirements in the Canadian Standards Association Technical Standard Accessible Design for the Built Environment (CAN/CSA B651-12 or newer), in addition to applicable provincial or territorial building codes, and relevant municipal by-laws. Note: 450 14'39.56" N and 660 05' 15.58" W to 150 19'31.41 " N and 660 04'51.88" W The City of Saint John has approximately 97,600m of coastline, that are potentially vulnerable to coastal flooding. (Include map(s) here, if applicable) Project Component Mi -Points Project Midp CSRS-UTM-20N Lat/Lon Component oint km Latitude (N) Longitude (W) 1 See (SeaWall) below See below See below 2 (Pumping See Stations) below See below See below 3 (Electrical See Substations) below See below See below Note: 450 14'39.56" N and 660 05' 15.58" W to 150 19'31.41 " N and 660 04'51.88" W The City of Saint John has approximately 97,600m of coastline, that are potentially vulnerable to coastal flooding. (Include map(s) here, if applicable) O 4- L U) (o U 70 U) N C O 0- E E O U U ^O LL M. l:T co 00 00 O CN O O N N CN O O �O IT O O � (D (D O LO LO m 0 (Y) (Y) N N e3 e3 (6 00 00 U O C :E :t:! a) T) CM O O LL IT N E4 N E4 O O >, N O O (Y) C5 C5 O 70 � O (6 U (Y)0 0 O N O O O N CNN Cd Cd L O U _0 N O N O O m O O LO LO O O O U N C6 C W}} O U U LO LO a) co m O W O CN (h (h O r- r - CN d d 63 63 M. l:T co 00 00 O O O O O N X CO CO �O O O � (D (D O (Y) (Y) N N N U e3 e3 M. l:T co IT co y)L m :3 (6 a O O O O O (6 O X CO CO W O O W U O U 00 00 y) L mC N :3O O C :E :t:! a) a) CM W W Q v N E4 N E4 M. l:T co IT co y)L m :3 (6 O O O O �O O W ~ Q N CN X K? 64 W M. 0 cv Ln O d 00 L N c W C L O C co U O C � N � Q O N � � Efl N 0 R SCHEDULE C — COMMUNICATIONS PROTOCOL PURPOSE This Communications Protocol outlines the roles and responsibilities of each of the Parties to this Agreement with respect to communications activities related to the funded Project. This Communications Protocol will guide all communications activity planning, development and implementation to ensure clear, consistent and coordinated communications to the Canadian public. The provisions of this Communications Protocol apply to all communications activities related to this Agreement including any Projects funded under this Agreement. Communications activities may include, but are not limited to, public or media events, news releases, reports, web and social media products or postings, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, and multi -media products. GUIDING PRINCIPLES The Parties recognize the importance of managing the delivery of coherent communications activities based on the principle of transparent and open discussion and collaboration. Communications activities undertaken through this Protocol should ensure that Canadians are informed of infrastructure investments made to help improve their quality of life and that they receive consistent information about the funded Project and its benefits. The communication activities undertaken by Canada the Recipient and the Ultimate Recipient should recognize the funding of all contributors to the Project. The Ultimate Recipient's public acknowledgement of financial assistance received from Canada is a condition of funding under this Agreement. The Ultimate Recipient will address any deficiencies and/or corrective actions identified by Canada or by the Oversight Committee. GOVERNANCE The Parties will designate communications contacts and form a communications subcommittee that will be responsible for preparing the Project's communications plan, overseeing its implementation and reporting on its results to the Oversight Committee. PROGRAM COMMUNICATIONS Canada retains the right to meet its obligations to communicate information to Canadians about the Program and the use of funding through its own communications products and activities. Canada and the Recipient agree that they will not unreasonably restrict the other Party or other funding contributors from using, for their own purposes, public communications products related to the Project that were prepared collectively or individually by the Parties, and if web -based, from linking to them. Canada, the Recipient and the Ultimate Recipient will ensure that they: a) Will work together with respect to Joint Communications about the Project. b) Joint Communications related to Project funded under this Agreement should not occur without the prior knowledge and agreement of each of the Parties. c) All Joint Communications material will be approved by Canada and the Recipient, and will recognize the funding of each of the Parties. d) Each of the Parties may request Joint Communications to communicate to Canadians about the progress or completion of Projects. The requestor will provide at least fifteen (15) business days' notice to the other Parties. If the Communications Activity is an event, it will take place at a mutually agreed date and location. e) The requestor of the Joint Communications will provide an equal opportunity for the other Parties to participate and choose their own designated representative in the case of an event. f) As Canada and the Recipient have an obligation to communicate in English and French, Communications products related to events must be bilingual and include the Canada word mark and the other Party's logo. In such cases, Canada will provide the translation services and final approval of products. g) The conduct of all Joint Communications will follow the Table of Precedence for Canada. Media events include, but are not limited to, news conferences, public announcements, official events or ceremonies, and news releases. The Ultimate Recipient agrees to collaborate with Canada and the Recipient on communications activities and products including, but not limited to, Project success stories, vignettes, and multi -media products. INDIVIDUAL COMMUNICATIONS The Ultimate Recipient will ensure that: a) where a website or webpage is created to promote or communicate progress on a funded Project or Projects, it must recognize federal funding through the use of a digital sign or through the use of the Canada wordmark and the following wording, "This project is funded in part by the Government of Canada." The Canada wordmark or digital sign must link to Infrastructure Canada's website, at www.infrastructure.qc.ca. The guidelines for how this recognition is to appear and language requirements are published on Infrastructure Canada's website(http://www.infrastructure.gc.ca/pub/signage- panneaux/intro-eng. htm I). LI- VVII 1 t IV l- 1 IV, VV I, IVI - 111 -I individual Communications Activities. c) the Ultimate Recipient will be required to send a minimum of one photograph to each of the Parties of the construction in progress, or of the completed project, for use in social media and other digital individual communications activities. Sending the photos will constitute permission to use and transfer of copyright. Photographs are to be sent to INFC.photos(a)-canada.ca along with Project name and location. OPERATIONAL COMMUNICATIONS The Ultimate Recipient is solely responsible for operational communications with respect to the Project, including, but not limited to, calls for tender, construction, and public safety notices which relate to its components of the Project. Operational communications will include the following statement: "This project is funded in part by the Government of Canada". Operational communications as described above are not subject to the federal official languages policy. Canada, the Recipient and the Ultimate Recipient will share information promptly with the other Party should significant media inquiries be received or if major stakeholder issues relating to the Project arise. SIGNAGE Unless otherwise agreed upon by Canada, the Recipient and the Ultimate Recipient will produce and install a sign to recognize contributors' funding at each of its components of the Project site in accordance with current federal signage guidelines The sign's design, content, and installation guidelines are provided by Canada (http://www. infrastructure.gc.ca/pub/signage-panneaux/intro-eng. htm I). Where the Ultimate Recipient decides to install a permanent plaque or other suitable marker with respect to the Project, it must recognize the federal contribution and be approved by Canada. The Ultimate Recipient will ensure that signs are installed at the Project site(s) at least one (1) month prior to the start of construction, be visible for the duration of the Project, and remain in place until one (1) month after construction is completed and the infrastructure is fully operational or opened for public use. The Recipient will ensure that signs are installed in a prominent and visible location that takes into consideration pedestrian and traffic safety and visibility. Sign installations shall be reported to the Recipient and Canada as per subsection 9.1 b) (Progress Report) of Schedule "A". Recognizing that advertising can be an effective means of communicating with the public, Canada, the Recipient and the Ultimate Recipient may, at their own cost, organize an advertising or public information campaign related to the Program or the funded Project. However, such a campaign must respect the provisions of this Agreement. In the event of such a campaign, each Party agrees to inform the other Party of its intention, no less than twenty-one (21) business days prior to the campaign launch. 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 "[INSERT]" is the signature of Christopher D. Cook, 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 .2019. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of 2019. Raymond R. Robinson, President and CEO Commissioner of Oaths, COUNCIL REPORT M&C No. 2019-262 Report Date October 15, 2019 Meeting Date October 21, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 35 Water Street, 289 Sydney Street and 431 Millidge Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kenneth Melanson Jacqueline Hamilton John Collin RECOMMENDATION That Common Council schedule the public hearing for the rezoning applications of The City of Saint John (35 Water Street and 289 Sydney Street) and Christian Parascan (431 Millidge Avenue) for Monday December 2, 2019 at 6:30 p.m. in the Ludlow Room, 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/condition update applications received and to recommend an appropriate public hearing date. The next available public hearing date is December 2, 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 [now referred as section 59] 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. 0I91 -2 - REPORT In response to the motion above, this report indicates the 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 were received: Name of Applicant Location Existing Proposed Reason Zone Zone City of Saint John 35 Water Street Waterfront Section 59 To allow for a Commercial Amendment parking lot and (CW) approval of interim activities on the site such site preparation and public events. City of Saint John 289 Sydney Waterfront Integrated To allow for the Street Commercial Development use of a parking (CW) (IG) lot. Christian Parascan 431 Millidge Two -Unit General To rezone a portion Avenue Residential Commercial of the lot to (R2) (CG) facilitate a commercial building. STRATEGIC ALIGNMENT While the holding of public hearings is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development process, which provides transparency and predictability to the development community and City residents. The development approvals process helps fulfill Council's priorities of: • 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, services and economic growth. 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 Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable 021 ATTACHMENTS None ON -3 - COUNCIL REPORT M&C No. 2019-267 Report Date October 17, 2019 Meeting Date October 21, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Request to Province Respecting 2020 Interim Financial Assistance OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John Collin John Collin John Collin RECOMMENDATION That Common Council adopt the following resolution: "Direct the City Manager to send a letter to Premier Blaine Higgs with the following requests as it pertains to the short term financial assistance to the City within the Provincial Funding Agreement: 1. With respect to subsection 4.2 of the Provincial Funding Agreement, the Province recognize that City restructuring initiatives will impact frontline services and future restructuring efforts will impact the provision of interim funding for 2020, 2. The Province allow as an eligible expenditure under the funding agreement the use of funds for one time restructuring costs for the years 2020 and 2021; 3. The Province allow the City to carry forward for one year, to the end of the fiscal year 2021, unused funds from 2019 and 2020 to provide the City time to implement the business plan changes required. REPORT The Provincial Report, Sustaining Saint John — A Three Part Plan that was endorsed by Common Council on August 19, 2019 does not address the City's financial shortfall in the budget years 2021 and 2022. As a result, the City will proceed with a restructuring plan that will carry significant business and service 019] -2 - changes to the community. The restructuring plan is multifaceted and will involve every part of the organization. The City does not underestimate the change management required and the additional one time costs associated with restructuring efforts. As such, the City is requesting that the Province of New Brunswick permit the City to include as an eligible expenditure under the funding agreement one time restructuring costs as well as the ability to carry forward any unused financial assistance in the years 2019 and 2020 for purposes identified in the attached letter. PREVIOUS RESOLUTION Chc k here to enter text, REPORT Chck here to enter text, STRATEGIC ALIGNMENT Chck here to enter text, SERVICE AND FINANCIAL OUTCOMES Chck here to enter text, INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Chck here to enter text, ATTACHMENTS Letter to Premier Blaine Higgs 0L! Date Hon. Blaine Higgs, MLA Premier of New Brunswick Chancery Place PO Box 6000 Fredericton NB E313 5H1 Dear Premier: As you are aware, the City of Saint John faces a structural deficit since it costs are increasing at approximately 3% per year while revenues are increasing at approximately 1%. This is clearly unsustainable yet the past few decades have proven this to be an annually recurring and systemic challenge. A three -pronged approach to addressing the structural deficit was presented to Common Council at its open session meeting on October 7t", 2019. Through effectiveness and efficiency reviews (such as the ongoing reviews of our structure and all of our agencies, boards and commissions) and transformational reforms (such as property tax reform and regional cost sharing), we believe that the structural deficit can be resolved in the long term. However, more must be done to address the financial challenges that we face over the next three years while these major initiatives take hold. The Provincial report Sustaining Saint John — A Three Part Plan ("The Plan") that was endorsed by Common Council on August 19, 2019 does not address the short-term financial gap for the budget years of 2021 and 2022. As a result, the City must address the entirety of the deficit through internal initiatives for those two years. Council has been presented approximately sixty initiatives to either generate revenue or reduce operating costs; many of which will include significant service reductions and potential impacts to the City workforce, our residents and our businesses. Over the coming months, each of these initiatives will be evaluated for viability and value. The City recognizes the immediate need to make significant changes since we have no choice but to balance our budget annually. Unfortunately, the forecasted deficit for 2021 and 2022 is large at approximately $11 million annually and the solution to address it is not simple. The plan will be multifaceted, involving every part of the organization. In many cases, there will be costs associated to the restructuring of the organization. They will potentially include, but are not limited to consultative services, small capital expenses and one - OR time transition costs. The City does not underestimate the change management that will be required across the organization, as it will likely impact all employees. When the Provincial Government provided the three year, short-term financial assistance package to the City in 2018, the City made the following commitment in subsection 4.2 (a): "The City agrees to minimize impacts on frontline service levels until such time as a solution is implemented." Common Council of the City of Saint John has three requests at this time: 1. To be best positioned to absorb the dramatic reductions required no later than 2021, the City intends on moving forward with select initiatives in 2020. These initiatives will impact, to a degree, frontline services in 2020 and will therefore be contrary to the intent expressed in the 2018 Agreement. The City requests that this be recognized by the Province and that this have no impact on the 2018 agreement to provide interim funding for 2020 up to a maximum of $10.4 million. 2. To properly fund the restructuring efforts identified in the previous paragraphs, the City further requests that we be allowed to use some of the apportioned financial assistance for 2020 to fund one-time restructuring costs in either 2020 or 2021. 3. By taking some actions in 2020, combined with our ongoing continuous improvement initiatives and our emphasis on austerity, we anticipate not requiring the total available $10.4 million dollars put aside for that year. The City therefore requests that the Province allow us to carry forward (for one year) unused funds from 2019 and 2020 to implement the business plan changes that will take some time put in place and to help offset the magnitude of the anticipated cuts in 2021. We greatly appreciate any consideration you may apply to the above matter. Sincerely, 2 rfo PF. � Z m � No ON � C rfo PF. U O m .- Q N V Q) •� _0 w O +� Ln � 87LU EQ O (3) V V _O Q) > _0 N (L) Q) O >. Q _0 CL L- O c N V O .Q) , V I O O LM CL O c Q)L- o LL o LL +, CO Z QIw Q) Q) O o co �4 c _ L • • 4-0 V aj rMEN% O L a AA W tko a C 00 rH • 0 U Co D LU U LA Ln U Cr — S Ln (A oLn O 14 fo aj to z, 4=1+� cnv L Ln i LLtAl � �� ca ea �4 QIw —j a lammmO � E L lmh 4 2 11111111 +-0 ^� W E 0 w 0 Q a� i O 0 _0 .C: JCL CL O E tw -�-� C +� > O U U 0 U ME c 0 c 0 v N CL V) O i CL O V 7 V) CL E 0- 0 0 rllr c I j a--+ (n � O J �'%, O o U ia)F LL Q o +, O U � U U t 2 .> ov U U w U buo.w Q f Q 70 CL E w .......... 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VS11 cl: > 2 III Pq ui H11 0 V) E *0 o 0 0 +0 I E E I =11 -0 5� it rah un 0 0 11 MI BY-LAW NUMBER C.P. 106-20 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW ARRETE No C.P. 106-20 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Le conseil communal de The City of John in Common Council convened, as Saint John, etant reuni, edicte ce qui suit follows: The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1) Deleting a portion of Section 7.8 Energy Efficiency and replacing it with the following: "Policy NE -38 Explore and encourage the development and use of alternative energy sources, such as solar, wind, geothermal, biomass, and energy recovery. Wind and solar energy developments shall occur in the Green Energy zone." 2) Deleting a portion of Section 2.4 The Rural Areas and replacing it with the following: "Lands outside the Primary Development Area are generally described as Rural Areas and are not provided with municipal water and wastewater services. The Rural Areas will support limited growth and development which will be carefully controlled through Municipal Plan policy in order to encourage most development to take place within the Primary Development Area. Rural Areas include three sub -categories described as Rural Resource Areas. Rural Resource Areas are primarily undeveloped lands with the potential for rural resource activity such as pits and quarries, forestry uses, and alternative energy development, such as wind and solar. New resource uses may be permitted in Rural Resource Areas provided the proposal meets the criteria outlined in the Land Use Chapter of the Municipal Plan, and relevant provisions of the Zoning Bylaw." L'Arrete concernant le plan municipal de The City of Saint John, edicte le 30 janvier 2012, est ainsi modifie : 1) Le Plan municipal est modifie par suppression, a la section 7.8 Efficacite energetique, de la politique NE -38 et son remplacement par ce qui suit: u Politique NE -38 Etudier et encourager le developpement et Putilisation de sources d'energie de remplacement telles que 1'energie solaire, eolienne, geothermique, de biomasse, et la recuperation d'energie. Les pares eoliens et solaires seront amenages dans la zone d'energie verte. » 2) Le Plan municipal est modifie par suppression d'une partie de la section 2.4 Secteurs ruraux et son remplacement par ce qui suit: o Les terrains situes hors du principal secteur de developpement sont generalement consideres comme des secteurs ruraux et ne re�oivent pas les services municipaux d'alimentation en eau et d'evacuation des eaux usees. Les secteurs ruraux accueilleront une croissance et un developpement limites, qui seront soigneusement controles grace a des politiques du plan municipal qui encourageront la majeure partie du developpement a se diriger vers le principal secteur de developpement. Les secteurs ruraux comprennent trois sous - categories appelees secteurs de ressources rurales. Les secteurs de ressources rurales sont surtout des terrains non amenages qui peuvent se preter 3) Deleting a portion of Section 2.5 Lands Common to the Primary Development Area and the Rural Areas and replacing it with the following: "The Parks and Natural Areas and the Federal Transportation categories apply to lands within the PDA and to the Rural Areas. Parks and Natural Areas are currently in a primarily natural state or would benefit from re - naturalization and are not generally appropriate locations for development. Park and Natural Areas include wooded lands, lake shores, rivers, coastlines, and important geology and habitat. Through specific policies in Chapters 3 and 7, such as the provision of wildlife corridors, protection of environmentally sensitive/significant areas, and guidelines for watersheds, riparian, coastal and estuarine areas, the lands are intended to form a system of natural areas to conserve ecosystems. Due to the large provision of Park and Natural Areas in largely inaccessible areas of the city, green energy developments, as defined within the City's Zoning By-law, are appropriate, subject to required municipal, provincial, and federal approvals." 4) Deleting a portion of Section 3.6.1. Rural Resource Area and replacing it with the following: "The majority of lands within the City's Rural Areas are located in the Rural Resource Area designation. These lands are intended to facilitate resource related activities, where appropriate, such as forestry operations, wind and solar energy development, agriculture, fisheries, and extraction activities, including pits and quarries. Limited residential and other land uses may be contemplated." Policy LU -95 Create the Rural Resource Area desienation on the Future Land A une exploitation de ressources rurales comme les carrieres et ballastieres, les utilisations forestieres et le d6veloppement des Energies de remplacement, teller que 1'6nergie 6olienne et solaire. De nouvelles utilisations lines a 1'exploitation de ressources peuvent etre autoris6es dans les secteurs de ressources rurales, pourvu que la proposition satisfasse aux criteres formul6s dans le chapitre sur Putilisation des sols du plan municipal et les dispositions pertinentes de Farrete de zonage. 3) Le Plan municipal est modifi6 par suppression d'une partie de la section 2.5 Terrains communs au principal secteur de d6veloppement et aux secteurs ruraux et son remplacement par ce qui suit o Les categories des pares et aires naturelles et des secteurs de transport f6d6ral s'appliquent aux terrains dans le principal secteur de d6veloppement aussi bien qu'a ceux des secteurs ruraux. Les pares et aires naturelles sont actuellement dans un Etat essentiellement naturel ou b6n6ficieraient d'une renaturalisation et ne sont g6n6ralement pas des endroits propices au d6veloppement. Les pares et aires naturelles comprennent des terrains bois6s, des rives de lacs, des rivieres, des c6tes ainsi que des sites g6ologiques et des habitats importants. Grace a des politiques particulieres enonc6es aux chapitres 3 et 7, notamment Fam6nagement de corridors fauniques, la protection de secteurs 6cosensibles ou 6cologiquement importants et des directives concernant les bassins hydrographiques et les zones riveraines, c6tieres et estuariennes, it est pr6vu que ces terrains formeront un systeme d'aires naturelles afin de conserver les ecosystemes. En raison de la grande quantit6 de pares et aires naturelles dans des secteurs de la municipalit6 qui sont, en grande partie, inaccessibles, les am6nagements d'6nergie verte, au intends that land within the Rural 1'arrete de zonage de la Resource Area designation shall municipalite, seront permis, sous generally remain in their natural reserve des approbation state, or subject to regulation and municipales, provinciales et required approvals, be used for federales requises. » appropriate resource uses, (annexe B). L'intention du conseil including forestry operations, wind 4) Le Plan municipal est modifie par and solar energy development, suppression d'une partie de la sous - agriculture uses, including section 3.6.1 Secteur de ressources livestock operations and the rurales et son remplacement par ce fishery, and extraction activities, qui suit including pits and quarries. generalement a leur etat naturel ou La plupart des terrains dans les Provide that wind and solar energy secteurs ruraux de la municipalite developments may be located in se trouvent a des endroits designes the Rural Resource Area comme secteurs de ressources designation provided that the land rurales. Leur raison d'etre est de is rezoned to the Green Energy faciliter, aux endroits appropries, zone. The Green Energy zone les activites liees aux ressources, defines the specific performance par exemple les operations standards for their operation, and forestieres, les pares eoliens et the rehabilitation of operative and solaires,l'agriculture, la peche et inoperative wind and solar energy les activites d'extraction, y compris developments. In considering les carrieres et les ballastieres. Des applications to rezone a property to utilisation residentielles limitees et the Green Energy Zone, Council d'autres utilisations des sols shall ensure the proposed use can pourront etre envisagees. » demonstrate compliance with the following: Politique LU -95 a) The proposal is in conformity Etablir la designation de secteur de with the goals, policies and ressources rurales sur la carte intent of the Municipal Plan; d'utilisation future des sols b) Compatibility with and/or (annexe B). L'intention du conseil minimal impact on existing est que les terrains ayant la adjacent land uses; designation de secteur de c) Submission of measures to ressources rurales demeurent mitigate storm water drainage, generalement a leur etat naturel ou noise, and other impacts. que, sous reserve des reglements et d) Where appropriate, the des approbations requises, elles provision of visual screening servent a des utilisations for solar energy developments; appropriees liees aux ressources, y e) Shall not be located within compris les operations forestieres, municipally owned Parks les pares eoliens et solaires, des including, but not limited to utilisations agricoles — y compris Rockwood Park; les fermes d elevage — et la peche, f) All application policies from et des activites d'extraction — y Section I-2 compris les carrieres et les ballastieres. Prevoir que les pares eoliens et solaires peuvent etre exploites dans la designation de secteur de ressources rurales, pourvu que les terrains soient rezones zone d'energie verte. La zone d'energie verte prescrit les normes specifiques de rendement de leur exploitation et la remise en etat des pares eoliens et solaires exploites ou non. Lorsqu'il etudie les demandes visant a rezoner une nronriete en zone d'energie verte. 5) Deleting a portion of Section le conseil s'assurera qu'il pourra 3.7.1. Parks and Natural Areas etre demontre que Futilisation and replacing it with the proposee respecte ce qui suit following: a) la proposition est conforme aux objectifs, aux politiques et a "Policy LU -110 Fintention du plan municipal; b) la compatibilite avec les utilisations actuelles des sols Create the Park and Natural Areas adjacents et une incidence designation on the Future Land minimale sur celles-ci; Use map (Schedule B). Council c) la presentation de mesures intends that the Park and Natural visant a attenuer les effets, Areas designation will permit a notamment au niveau du range of conservation and drainage des eaux pluviales et appropriate recreational land uses du bruit; permitted in the City's major d) la oil ils conviennent, la regional and community parks, presence d'ecrans visuels pour environmentally sensitive or dissimuler les pares solaires; significant areas, lands that are e) elle n'est pas situee a located adjacent to watercourses, Fint6rieur d'un parc lands adjacent to the City's coast municipal, y compris lines, estuarine areas, significant notamment le archaeological and geological parc Rockwood; sites, historic sites, designated f) 1'ensemble des mesures de heritage places and cemeteries. mise en oeuvre prevues a la Council may permit commercial politique I-2. recreation uses in the Park and Natural Area designation subject to 5) Le Plan municipal est modifie par appropriate standards in the suppression de la politique LU -110 Zoning Bylaw. Council may a la sous -section 3.7.1 permit wind and solar energy Designations communes development in the Park and d'utilisation des sols et son Natural Areas designation outside remplacement par ce qui suit: of the Primary Development Area, subject to federal and provincial a Politique LU -110 environmental approvals and conditions and standards in the Etablir la d6signation de pares et Zoning By-law. aires naturelles sur la carte d'utilisation future des sols (annexe B). L'intention du conseil When reviewing an application for est que la designation de pares et re -zoning, refer back to Policy LU- aires naturelles permette diverses 95" utilisation des sols a des fins de conservation et de loisirs appropriees qui sont permises dans 6) Adding the following as les grands pares regionaux et Policy LU -80.2 immediately communautaires de la municipalite, following Policy LU -80.1: les zones ecosensibles ou ecologiquement importantes, les "Policy LU -80.2 terrains en bordure des cours d'eau, les terres c6tieres de la Heavy Industrial lands along King municipalite, les terrains William Road may be considered estuariens, les sites archeologiques for Green Energy Development et geologiques importants, les lieux subject to criteria outlined in d'int&& historique, les lieux du Section I-2 and 3.6.1" patrimoine designes et les cimetieres. Le conseil peut permettre des utilisation commerciales recreatives dans les secteurs designs comme pares et aires naturelles, sous reserve de 1'adoption de normes appropriees dans l'arrete de zonage. I1 peut aussi permettre 1'amenagement de pares eoliens et solaires dans les secteurs designs comme pares et aires naturelles qui se trouvent a 1'exterieur du principal secteur de developpement, sous reserve de l'obtention des autorisations environnementales federales et provinciales et de la conformite aux conditions et aux normes prescrites par 1'arrete de zonage. Au moment de 1'examen d'une demande de rezonage, se reporter a la politique LU -95. 6) Le Plan municipal est modifie par insertion, immediatement apres la politique LU -80.1, de la politique LU -80.2 qui suit: Politique LU -80.2 Les terrains situes dans le secteur d'industries lourdes longeant le chemin King William peuvent etre consideres en vue d'amenagements d'energie verte, sous reserve des criteres enonces a la section I-2 et la sous -section 3.6.1. - all as shown on the plans attached hereto - toutes les modifications cont indiquees sur and forming part of this by-law. les plans ci joints qui font partie du present arrete. 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 EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le ** **** 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - October 7, 2019 Premiere lecture - le 7 octobre 2019 Second Reading - October 7, 2019 Deuxieme lecture - le 7 octobre 2019 Third Reading - Troisieme lecture - A LAW TO AMEND ARRETE MODIFIANT THE ZONING BY-LAW L'ARRETE DE ZONAGE DE OF THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN Be it enacted by The City of Saint Le conseil communal de The City John in Common Council convened, as of Saint John, etant reuni, edicte ce qui follows: suit : The Zoning By -Law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Section 2.11 (b) is amended by adding the following: "(xxii) Temporary Test Facilities; and (xxiii) Wind Test Tower." 2. Section 3.1 is amended by adding the following definitions, in alphabetical order: "Blade Clearance" means the distance from grade to the bottom of the rotor's arc. "Green Energy Development" means a project that accommodates renewable resource -related activities, such as a wind energy development or solar energy development, and is developed for a commercial power production purpose. "Habitable Building" means a dwelling unit or any building used for human habitation. "Large Scale Wind Turbine (LWT)" means a wind turbine providing power to the local utility grid, with a minimum power generation capacity of 100 kilowatts, and a maximum height of 220 metres, but is not developed in association with a residential use. "Micro Scale Wind Turbine (MWT)" means a wind turbine providing on-site power to a home or business, with a power generation capacity of 10 kilowatts or less. "Nacelle" means a component of a wind turbine that houses its generating components including, but not limited to, the gearbox, generator, drive train, and brake assembly. "Other Zone" means any zone L'Arrete de zonage de The City of Saint John, edicte le 15 decembre 2014, est ainsi modifie : 1. Le paragraphe 2.l lb) est modifie par adj onction de ce qui suit : « (xxii) des installations temporaires d'essai; (xxiii) une tour d'etude des vents. 2. L'article 3.1 est modifie par insertion des definitions suivantes, dans Fordre alphabetique : amenagement d'energie verte » Proj et d' amenagement qui porte sur des activites liees aux ressources renouvelables, tels que les pares eoliens et solaires, et qui est entrepris a des fins de production d'energie a 1'echelle commerciale. (green energy development) arc du rotor » La trajectoire circonferentielle parcourue par les pales de 1'eolienne. (rotor's arc) autre zone » Toute zone designee dans le present arrete comme zone de parc (P), zone de protection de Penvironnement (EP), zone d'amenagement integre (ID), zone d'amenagement futur (FD), zone rurale (RU), zone d'energie verte (GE) ou zone speciale (SZ). (other zone) bitiment habitable » Logement ou batiment servant a 1'habitation humaine. (habitable building) capteur solaire » Appareil unique qui capte le rayonnement solaire ou le concentre, ou qui le capte et le concentre, pouvant servir a alimenter les habitations situees sur le site sur lequel it se trouve, et pouvant notamment comporter des capteurs a tubes denoted in this By -Law as Park (P), sous vide, des capteurs plans, des Environmental Protection (EP), miroirs de concentration et des Integrated Development (ID), Future materiaux photovoltaiques Development (FD), Rural (RU), Green integres; la presente definition ne Energy (GE), or a Special Zone (SZ). vise pas les fenetres et les serres. collectors, concentrating mirrors, and (solar collector) "Rotor's Arc" means the circumferential path traveled by the << distance de separation des wind turbine's blade. turbines eoliennes » La distance for servicing dwellings on the same site horizontale mesuree a partir de la "Small Scale Wind Turbine (SWT)" limite exterieure de Parc du rotor means a wind turbine providing on-site jusqu'a un objet ou element naturel power to a home or business, with a specifique. (wind turbine power generation capacity between 11 separation distance) and 99 kilowatts, inclusive, and a d'essai» Tours ou instruments maximum height of 125 metres, which << distance entre les pales et le may also be used for net metering, but sol » La distance entre le niveau du is not developed in association with a sol et le bas de Parc du rotor. residential use. (blade clearance) "Solar Collector" means a single << ferme eolienne » S'entend de device that collects and/or concentrates plusieurs eoliennes qui sont solar radiation from the sun. A solar espacees sur une grande surface et collector may include, but is not reliees au reseau local de limited to, evacuated tubs, flat plate distribution d'electricite. (wind collectors, concentrating mirrors, and farm) building -integrated photovoltaic materials, but does not include << hauteur de 1'eolienne » La windows or greenhouses. May be used mesure d'une turbine eolienne a for servicing dwellings on the same site partir du niveau du sol jusqu'au as a solar collector. point le plus eleve de Parc du rotor. (turbine height) "Solar Collector System" means a structure or array of structures, and << installation temporaire ancillary equipment, designed to d'essai» Tours ou instruments collect solar radiation and convert it to temporaires de mesure des vents useable forms of energy. Solar servant a 1'evaluation du collector systems may include, but are productible eolien. (temporary test not limited to evacuated tubes, flat facility) plate collectors, concentrating mirrors, and building -integrated photovoltaic << micro -turbine eolienne » materials, but does not include Turbine eolienne qui produit de windows or greenhouses. May be used 1'e1ectricite sur place pour for servicing dwellings on the same site alimenter une maison ou une as a solar collector, but is intended for entreprise et dont la capacite de a commercial power production production d'electricite est de purpose. 10 kilowatts ou moins. (micro scale wind turbine ou MW7) "Solar Energy Development" means a project in which one or more solar << nacelle >> Composante d'une collector will be installed for a turbine eolienne qui abrite ses commercial power production purpose. elements generateurs, y compris notamment la boite d' engrenages, "Temporary Test Facility" means la generatrice, la chain dynamique temporary measurement towers or et le systeme de freinage. (nacelle) instruments for the assessment of potential wind energy resources. < pare eolien» Projet d'amenagement dans lequel une ou "Turbine Height" means the plusieurs turbines eoliennes seront measurement of a wind turbine from installees. (wind energy grade to the highest point of the rotor's development) arc. 3. Adding to and amending table 14-1 of a tour d'etude des vents >> Tour et Section 14 Other Zones the following, dispositif mecanique temporaires in alphabetical order: utilises pour mesurer la dynamique des vents en vue de deceler des emplacements possibles de turbines "Wind Energy Developments — GE eoliennes. (wind test tower) Solar Energy Developments — GE" parc solaire >> Proj et "Wind Energy Development" means d'amenagement dans lequel un ou a project in which one or more wind plusieurs capteurs solaires seront turbine will be installed. installes a des fins de production is amended by adding the following: d'energie a 1'echelle commerciale. "Wind Farm" means a number of (solar energy development) wind turbines that are spaced over a puissance >> Turbine eolienne qui large area and are connected to the « systeme de capteurs solaires >> local utility grid. Construction ou ensemble de development ceases. The Green Energy constructions — et materiel "Wind Turbine" means a mechanical auxiliaire — conqu pour capter le structure designed to convert wind into rayonnement solaire et le convertir electrical power. en formes utilisables d'energie, pouvant servir a alimenter les "Wind Turbine Separation habitations situees sur le meme site Distance" means the horizontal qu'un capteur solaire, mais etant distance measured from the exterior destine a la production d'energie a extent of the rotor's arc to any 1'echelle commerciale, et pouvant specified feature or object." notamment comporter des capteurs A tubes sous vide, des capteurs "Wind Test Tower" means a plans, des miroirs de concentration temporary tower and mechanical et des materiaux photovoltaiques device used to measure wind dynamics integres; la presente definition ne for potential wind turbine locations. vise pas les fenetres et les serres. (solar collector system) 3. Adding to and amending table 14-1 of a tour d'etude des vents >> Tour et Section 14 Other Zones the following, dispositif mecanique temporaires in alphabetical order: utilises pour mesurer la dynamique des vents en vue de deceler des emplacements possibles de turbines "Wind Energy Developments — GE eoliennes. (wind test tower) Solar Energy Developments — GE" « turbine eolienne >> Construction The Green Energy (GE) zone mecanique conque pour convertir accommodates renewable resource- le vent en energie electrique. (wind 4. Section 9.19 Uses Permitted in Zones turbine) is amended by adding the following: entreprise, dont la capacite de energy operations are not considered turbine eolienne de grande "(xi) Temporary Test Facility; or puissance >> Turbine eolienne qui (xii) Wind Test Tower." alimente le reseau local de appropriate zone once a green energy distribution d'electricite, dont la development ceases. The Green Energy capacite de production d'electricite 5. Creating Section 14.11 Green Energy minimales est de 100 kilowatts et (GE) Zone and its subsections with the dont la hauteur maximale est de following regulations: 220 metres, mais qui n'est pas amenagee dans le cadre d'un usage "14.11 Green Energy (GE) Zone residentiel. (large scale wind turbine) MUNICIPAL PLAN CONTEXT turbine eolienne de petite The Green Energy (GE) zone puissance >> Turbine eolienne qui accommodates renewable resource- produit de 1'e1ectricite sur place related activities, such as wind and pour alimenter une maison ou une solar energy developments. Green entreprise, dont la capacite de energy operations are not considered production d'electricite se situe permanent uses and these properties entre 11 et 99 kilowatts et dont la are intended to be rezoned back to an hauteur maximale est de appropriate zone once a green energy 125 metres, qui peut egalement etre development ceases. The Green Energy employe pour le mesurage net, (GE) zone is intended for land outside mais qui n'est pas amenagee dans of the Primary Development Area le cadre d'un usage residentiel. (PDA) that is designated Rural Resource or Parks and Natural Areas, but may include designated Heavy Industrial inside the PDA where the Municipal Plan policies deem it appropriate. Land in other appropriate designations could be rezoned to Green Energy (GE). 14.11(1) PERMITTED USES Any land, building, or structure may be used for the purposes of, and for no other purpose than, the following: Wind Energy Development; Solar Energy Development. The above main uses may also include any of the following as an accessory or secondary use: • Caretaker Dwelling; • Accessory Building; • Business Office and Storage Buildings; • Parking. 14.11(2) GENERAL a) Nothing in this By -Law shall exempt a person from obtaining all necessary Federal and Provincial approvals from appropriate agencies. b) An accessory or secondary use permitted in subsection 14.11(1) shall be subject to the following: i. The building shall have a minimum ground floor area of 65 square metres; ii. The building shall be placed on a lot so that its length is parallel to the street; iii. If not placed on a permanent foundation, the building shall have skirting (large scale wind turbine). » 3. Le tableau 14-1 de la partie 14 — Autres zones est modifie par adj onction de ce qui suit, dans Fordre alphabetique : o Parc eolien — GE Parc solaire — GE » 4. L'article 9.19 — Usages permis dans les zones, est modifie par adjonction de ce qui suit : u (xi) les installations temporaires d'essai, (xii) les tours d'etude des vents. » 5. Le nouvel article 14.11 — Zone d'energie verte (GE) est insere, avec les reglements suivants : << 14.11 Zone d'energie verte (GE) MISE EN CONTEXTE La zone d'energie verte (GE) accueille les activites liees aux ressources renouvelables, telles que les pares eoliens et solaires. Les activites d'energie verte ne sont pas considerees comme des usages permanents et les proprietes qui les accueillent sont censees etre reaffectees a une zone appropriee lorsqu'un projet d'amenagement d'energie verte prend fin. La zone d'energie verte (GE) est destinee aux terrains hors du principal secteur de developpement qui sont designes comme secteurs de ressources rurales ou comme pares et aires naturelles, mals elle peut inclure, a l'interieur du principal secteur de developpement, un secteur d'industries lourdes, en conformite avec les politiques du plan municipal. Les terrains dans d'autres designations appropriees pourraient etre reaffectes a des zones d'energie verte (GE). of an opaque material 14.11(1) USAGES PERMIS installed around its GENERALES perimeter between the Les terrains, batiments et building and ground. constructions ne peuvent etre where the green energy affect6s qu'aux fins suivantes c) Wind turbines exceeding 6 metres . parc 6olien; shall not be mounted on or . parc solaire. attached to any other structure. Les usages principaux qui precedent peuvent 6galement 14.11(3) ZONE STANDARDS: comporter les usages accessoires SETBACKS ou secondaires qui suivent : • conciergerie; A green energy development, as . batiment accessoire; permitted under section 14.11 (1), shall . bureau d'affaires et batiment have the minimum separation d'entreposage; distances, as outlined below: • stationnement. a) Minimum Separation Distances: i. 20 metres from a 14.11(2) DISPOSITIONS a. From any habitable GENERALES building external (not a) Le present arret6 n'a pas pour located on the property effet de dispenser quiconque where the green energy d'obtenir toutes les development is located): approbations f6d6rales et scale wind provinciales n6cessaires aupres i. 100 metres from a des organismes comp6tents. solar collector system; b) Un usage accessoire ou secondaire permis par le ii. 750 metres from a paragraphe 14.11(1) est small-scale wind assujetti aux restrictions turbine; suivantes : iii. 1,000 metres from i. le batiment a une afire de a large-scale wind plancher minimale du turbine. premier 6tage de 65 m6tres b. From any habitable carr6s; building internal (located ii. le batiment est plac6 sur le on property where the lot de faron a ce que sa green energy development dimension la plus longue is located): soit parallele a la rue; i. 20 metres from a iii. si le batiment n'est pas solar collector plac6 sur une fondation system; permanente, un jupon de vide sanitaire d'un ii. A distance of 1.25 mat6riau opaque est times the small- install6 autour de son scale wind p6rimetre, entre le turbine's height; batiment et le sol. c) Les turbines 6oliennes d'une hauteur sup6rieure a 6 metres iii. ti distance 1.25 ne peuvent pas etre mont6es times the large- e- sur une autre construction ni y scale wind etre fixees. turbine's height. ii. A distance of two 14.11(3) NORMES times that of the APPLICABLES A LA ZONE: small-scale wind MARGES DE RETRAIT c. From any external property Famenagement d'energie line of the lot where the Un amenagement d'energie verte green energy development permis par le paragraphe 14.11(1) is located: doit observer les distances de large-scale wind separation minimales prescrites ci- i. 20 metres from a dessous : solar collector a) Distances de separation system; minimales : ii. A distance of two a. D'un batiment habitable times that of the exteme (non situe sur le small-scale wind meme terrain que turbine's height; Famenagement d'energie verte) iii. A distance of one times that of the i. 100 metres d'un large-scale wind systeme de turbine's height. capteurs solaires; ii. 750 metres d'une b) Subject to subsection 14.11(8), the turbine eolienne de person seeking approval is to petite puissance; provide documentation that all setback and separation distance ill. 1 000 metres d'une regulations, stipulated by the turbine eolienne de Federal and Provincial agencies, grande puissance. are acceptable. b. D'un batiment habitable interne (situe sur le meme c) If a wind energy development is terrain que Famenagement expanded, the expansion shall not d'energie verte) be located any closer to existing habitable buildings subject to paragraph 14.11(8) (a) or 14.11(8) i. 20 metres d'un (b) if no expansion. Such setback systeme de restrictions shall not apply to any capteurs solaires; existing habitable building that was erected subsequent to the ii. une distance establishment of the wind energy correspondant a development and not subject to 1,25 fois la hauteur paragraph 14.11(8) (a). d'une turbine eolienne de petite puissance; d) There is no limit on the number of small or large-scale wind turbines permitted on a site if all of the turbines meet setback and separation distance requirements. 14.11(4) ZONE STANDARDS: ACCESS a) Unauthorized access to a green energy development shall be prevented by: i. Security fencing, which iii. une distance correspondant a 1,25 fois la hauteur d'une turbine eolienne de grande puissance. c. De la limite externe du lot sur lequel se trouve Pamenagement d'energie verte: i. 20 metres d'un systeme de capteurs solaires; shall have a minimum height of 1.8 metres and a ii. une distance lockable gate; correspondant a deux fois la hauteur d'une ii. Having any ladder or turbine eolienne de permanent tower access petite puissance; located no closer to the ground than 3.7 metres; or iii. une distance correspondant a la hauteur d'une iii. A lockable door for turbine eolienne de monopole designs with grande puissance. internal access only. b) Sous reserve du paragraphe 14.11(8), la personne 14.11(5) ZONE STANDARDS: qui demande 1'approbation dolt SCREENING fournir de la documentation confirmant que les reglements a) A treed or earthen berm shall be in concemant les marges de retrait et place prior to the operation of a les distances de separation solar energy development when prescrites par les organismes abutting a residential lot or public federaux et provinciaux sont road. respectes. b) When a treed or earthen berm is c) Si un pare eolien est agrandi, provided, the height shall be at 1' expansion ne se fera pas plus pres least 1 metre. des batiments habitables existants, sous reserve des alineas 14.11(8)a) c) The location of buffers, present or ou b) s'il n'y a pas d'expansion. proposed, shall be identified on the Les restrictions relatives aux applicant's site plan. marges de retrait ne s'appliquent pas aux batiments habitables existants qui ont ete construits 14.11(6) ZONE STANDARDS: apres 1'etablissement du pare HEIGHT eolien et qui ne sont pas assujettis a Palinea 14.11(8)a). a) Notwithstanding other provisions of this By-law, a small-scale wind d) Il n'y a pas de limite all nombre de turbine shall have a maximum turbines eoliennes de petite ou de turbine height of 125 metres; grande puissance permises sur un site si toutes les turbines respectent les marges de retrait et les b) Notwithstanding any other distances de separation prescrites. provision of this By-law, a large- scale wind turbine shall have a maximum turbine height of 220 14.11(4) NORMES APPLICABLES metres; A LA ZONE: ACCES c) The minimum ground clearance for a rotor's blade shall be 7.5 metres. 14.11(7) CONDITIONS OF USE & OPERATION a) Appearance A wind turbine shall have a non -reflective matte finish. a) L'acces non autorise a un amenagement d'energie verte doit etre empeche par les moyens suivants : i. Pamenagement est entoure d'une cl6ture de securite d'une hauteur minimale de 1,8 metre et comportant une porte verrouillable; ii. toute echelle ou tout acces permanent a la tour se b) Lettering and Signage A wind turbine shall not contain any third party advertising; ii. Notwithstanding clause (i) the nacelle of a wind turbine may display the name or logo of the manufacturer of the wind turbine or the name or the logo of the owner or operator of the wind turbine, which shall not exceed 5% of the total surface area of the wind turbine; iii. Site signs will be limited to those which identify the green energy development, those that locate access points, and those that provide safety and educational information. c) Lighting A wind turbine shall not have artificial lighting, except for lighting that is required by Federal or appropriate authorities. d) Outdoor Storage Outdoor storage shall be considered an accessory use to a green energy development, and any such outdoor storage occurring after the completion of installation or construction of the project shall be screened from the view from adjacent buildings used for human habitation, highways, lanes, or streets. e) Requirements of the Applicant During the Construction Phase Within two (2) months of the installation of a wind turbine or the completion trouve a une distance minimale de 3,7 metres du niveau du sol; iii. it est muni d'une porte verrouillable conque pour les monotubes avec acces interne seulement. 14.11(5) NORMES APPLICABLES A LA ZONE: ECRANS a) Une levee boisee ou de terre doit Etre en place avant Fentr6e en service d'un parc solaire attenant a un lot r6sidentiel ou a un chemin public. b) La hauteur minimale de la levee boisee ou de terre, s'il en est, est de un metre. c) L'emplacement des zones -tampons actuelles ou proposees est repr6sente sur le plan de situation soumis par Fauteur de la demande. 14.11(6) NORMES APPLICABLES A LA ZONE: HAUTEUR a) Par derogation aux autres dispositions du present arret6, la hauteur maximale des turbines 6oliennes de petite puissance est de 125 metres. b) Par derogation aux autres dispositions du present arret6, la hauteur maximale des turbines eoliennes de grande puissance est de 220 metres. c) La distance minimale entre les pales et le sol est de 7,5 metres. 14.11(7) CONDITIONS REGISSANT L'USAGE ET LES ACTIVITES a) Apparence i. Une turbine 6olienne a un fini mat non r6flechissant. b) Lettrage et affichage Une turbine 6olienne ne peut contenir aucune publicite d'un tiers. of a phase in a multi - c) Eclairage phased wind power ii. Par derogation au project, the applicant will paragraphe i., la nacelle submit a Location d'une turbine solienne peut Certificate prepared by a contenir le nom ou le logo land surveyor or a drawing du fabricant ou de prepared by a professional 1'exploitant de la turbine engineer, which confirms eolienne, nom ou logo qui that the location of the ne doit pas couvrir plus de installed green energy 5 % de la surface totale de development and is in la turbine eolienne. compliance with the minimum setbacks as iii. Les seuls panneaux sur required in this By -Law. place qui sont permis sont systems, and accessory ceux qui identifient components of the green Famsnagement d'snergie energy power project. verte, indiquent les points 14.11(8) DEVELOPMENT d'acces ou offrent des PERMIT APPLICATION renseignements de sscurits professional engineer or land ou 6ducatifs. An individual seeking to obtain a development permit shall be the c) Eclairage owner or agent of the land proposed to be developed and shall i. Une eolienne ne peut make an application in writing to comporter d'6clairage the Development Officer. artificiel autre que celui Applications signed by the qui est exigs par les applicant shall contain: autorites federales ou autres autorites compstentes. a) A site plan, drawn to scale by a professional engineer or land d) Entreposage a fair libre surveyor, showing the proposed location of the wind i. L'entreposage a fair libre turbines, solar collector est considers comme un systems, and accessory usage accessoire d'un components of the green amenagement d'energie energy power project. verte, et tout entreposage a fair libre effectu6 apres b) A plan, drawn to scale by an Fachsvement de professional engineer or land Finstallation on de la surveyor, showing the location construction du projet doit of adjacent structures and land etre dissimule a la vue a parcels and identifying all partir des immeubles dwellings, structures, public d'habitation, des routes, and private roads, and right -of- des ruelles ou des rues ways within two (2) kilometres adj acents. of any required minimum setbacks, where applicable, for e) Obligations de Fauteur de la the entire green energy project. demande pendant la periode de The plan must also include construction tables, which provide the distance, in metres, from each i. Dans les deux mois suivant wind turbine and solar l'installation d'une turbine collector system to external 6olienne ou Fachevement property lines and dwellings. d'une etape d'un projet d'snergie solienne a plusieurs 6tapes, l'auteur c) The results of a Wind Turbine de la demande presentera Noise Modeling Study, or an un certificat de localisation equivalent study, as required etabli par un arpenteur- by Federal and/or Provincial geomstre ou un dessin approvals. d) If applicable, a copy of an Environmental Impact Assessment and notice of the issuance of any Federal and/or Provincial approvals, along with any changes, comments, or conditions imposed by Federal and/or Provincial regulatory authorities. e) A certified copy of the complete manufacturer's specifications for all proposed wind turbines and solar collectors. f) A copy of the applicant's decommissioning plan, which must identify the following: Any above ground components of a wind or solar energy development to be removed from the site along with any site remediation excluding roads, required to return the site to a natural state; ii. Confirmation that decommissioning will commence within one (1) year after the owner or operator has surrendered the License, or the Owner or Operator's License has been terminated; iii. Confirmation that decommissioning will be completed within twelve (12) months after commencement; g) If applicable, confirmation that the applicant has given notice to, and has received approval from, any Federal and/or Provincial regulatory authorities including but not limited to the Department of National Defense, Natural Resources Canada, technique fait par un ingenieur, certificat ou dessin qui confirme que Femplacement de Famenagement d'energie verte est conforme aux marges de retrait minimales prescrites par le present arrete. 14.11(8) DEMANDE DE PERMIS D'AMENAGEMENT L'auteur d'une demande de permis d'amenagement doit etre le proprietaire ou le mandataire du terrain dont Famenagement est propose et doit presenter une demande ecrite a Fagent d'amenagement. Les demandes, signees par Fauteur de la demande, sont accompagnees de ce qui suit: a) un plan de situation a 1'echelle, realise par un ingenieur ou un arpenteur-geometre, indiquant 1'emplacement propose des turbines eoliennes, des systemes de capteurs solaires et des elements accessoires du projet d'energie verte; b) un plan a 1'echelle, realise par un ingenieur ou un arpenteur- geometre, qui indique Pemplacement des constructions et des parcelles de terrain adjacentes ainsi que des habitations, des constructions, des chemins publics et prives et des droits de passage situes a moins de deux kilometres des marges de retrait minimales prescrites, s'il y a lieu, pour tout le prof et d'energie verte, ainsi que des tableaux qui indiquent la distance en metres entre chaque turbine eolienne ou systeme de capteurs solaires et les limites exterieures des terrains et habitations; c) les resultats d'une etude de modelisation du bruit des turbines eoliennes, ou d'une etude equivalente, exigee pour obtenir les approbations federales ou provinciales; d) s'il y a lieu, une copie d'une Transportation Canada, NAV Canada, and any other applicable department or agency with respect to any potential radio, telecommunications, radar, and seismoacoustic interference that may result from the proposed green energy development. etude d'impact sur Fenvironnement et un avis de delivrance des approbations federales ou provinciales, s'il y a lieu, ainsi que des changements, observations ou conditions imposes par les organismes de rgglementation federaux et provinciaux; e) une copie certifige conforme du cahier des charges h) Other information that may be constructeur pour les turbines requested by the Development eoliennes et les capteurs Officer to ensure compliance solaires proposes; with the requirements of this By -Law, including information f) une copie du plan de deemed necessary as a result of demantelement de 1'auteur de any community meetings. la demande, plan qui doit indiquer cc qui suit : 14.11(9) DEVELOPMENT a. les elements de surface PERMIT d'un parc eolien ou solaire a enlever du a) Notwithstanding Section 2.11, terrain, ainsi que les and subject to paragraph mesures de remise en 14.11(9) (c), the Development gtat du terrain, a Officer may issue a 1'exception des development permit where: chemins, qui sont necessaires pour i. An application under retablir 1'etat naturel this section has been des lieux, received; b. la confirmation que les ii. Fees have been travaux de collected; demantelement seront entames pas plus iii. The proposed site d'un an apres que le rehabilitation of the proprietaire ou land for which a 1'exploitant aura development permit renonce a son permis has been sought has ou que son permis aura been approved by the gte annulg, Development Officer as conforming to all c. la confirmation que le requirements of this demantelement sera By -Law. terming au plus tard douze mois apres avoir b) A development permit shall: etg entamg; i. Be in the form g) s'il y a lieu, la confirmation prescribed by the que 1'auteur de la demande a Development Officer; donne avis aux organismes de reglementation federaux et ii. Be signed by the provinciaux, y compris Development Officer; notamment au ministere de la Defense nationale, a iii. Indicate the purpose of Ressources naturelles Canada, the work to be carried a Transports Canada, a NAV on; CANADA et a tout autre ministere ou organisme iv. Set out any controls or competent an sujet des measures, which in the opinion of the Development Officer, shall be employed in the operation, including any conditions that may have been imposed by Common Council upon the rezoning of the site. c) No development permit may be issued under paragraph (b) if: i. The proposed work would: A. Create a hazard to human life; B. Endanger an adjoining property; C. Adversely affect a municipal sanitary sewer, municipal water main, watercourse, or street; or D. Not meet the conditions of use set out in the Green Energy (GE) zone. 14.11(10) CONDITIONS a) A development permit under Section 2.11 may be subject to the following conditions : If a copy of an Environmental Impact Assessment and Provincial/Federal approvals are not provided as required in 14.11(8) (d), the Development Officer may require this interferences possibles aux frequences radioelectriques et aux telecommunications et des interferences radar et sismo- acoustiques qui peuvent etre causees par Famenagement d'energie verte propose, et a requ leur approbation; h) tout autre renseignement que peut demander 1'agent d'amenagement pour assurer la conformite avec les exigences du present arrete, y compris les renseignements qu'il estime necessaires par suite de rencontres communautaires. 14.11(9) PERMIS D'AMENAGEMENT a) Par derogation a Particle 2.11, et sous reserve du paragraphe c), Pagent d'amenagement peut delivrer un permis d'amenagement si les conditions suivantes cont reunies : i. une demande conforme au present article a ete reque; ii. les droits ont ete perrus; iii. la proposition de remise en etat du terrain pour lequel un permis d'amenagement a ete demande a ete approuvee par Fagent d'amenagement comme etant conforme A toutes les exigences du present arrete. b) Le permis d'amenagement : i. est etabli en la forme prescrite par 1'agent d' amenagement; ii. est sign par Fagent d' amenagement; iii. indique Fobjet des travaux a effectuer; iv. precise les precautions information as a condition of approval; ii. Construction of any wind or solar energy development may not commence until the above condition is completed to the satisfaction of a Development Officer. 14.11(11) ENFORCEMENT a) A development permit shall expire as outlined in 2.11 (i). b) Notwithstanding Section 2.12, in the event of a contravention or failure to comply with any provision of this section, the Development Officer may suspend or in the case of a continued violation, revoke the development permit in writing, to be delivered by hand or by registered mail to the owner, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended development permit or issue a development permit if the conditions are corrected and all the requirements for the issuance of a development permit have been satisfactorily met." ou mesures qui, de i'avis de 1'agent d'amenagement, doivent etre prises au cours de 1'exploitation, y compris toute condition que le conseil communal a pu imposer lors du rezonage du terrain. c) Aucun permis d'amenagement ne peut etre delivre en vertu du paragraphe b) dans les cas suivants : les travaux proposes risquent : A. de mettre en danger la vie humaine, B. d'endommager toute propriete adj acente, C. de nuire au bon fonctionnement d'un egout ou d'une conduite principale d'eau ou d'avoir des consequences negatives sur un cours d' eau ou une rue, D. de ne pas satisfaire aux conditions d'utilisation enoncees pour la zone d'energie verte (GE). 14.11(10) CONDITIONS a) Un permis d'amenagement vise a Particle 2.11 peut etre assorti des conditions suivantes : si une copie d'une etude d'impact sur 1' environnement et d'approbations provinciales et federales n'a pas ete fournie comme 1'exige le paragraphe 14.11(8)d), - 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. 2019 and signed by: l'agent d'amenagement peut exiger cette information comme condition d'approbation; ii. la construction d'un parc eolien ou solaire ne peut pas commencer avant que la condition ci-dessus soit remplie a la satisfaction d'un agent d'amenagement. 14.11(11) APPLICATION a) Un permis de developpement expire ainsi qu'il est prevu au paragraphe 2.11 i). b) En cas d'infraction ou d'omission de se conformer aux dispositions de la presente partie, Fagent d'amenagement peut suspendre le permis ou, si la contravention perdure, 1'annuler, au moyen d'un avis ecrit remis au proprietaire en mains propres ou par courrier recommande; it peut aussi retablir le permis d'amenagement suspendu lorsque les conditions ayant menti a la suspension du permis ont ete remplies ou delivrer un permis d'amenagement si les conditions ont ete remplies et s'il est par ailleurs satisfait de fagon satisfaisante a toutes les exigences pour Fobtention d'un permis d'amenagement. - toutes les modifications sont indiquees sur la carte ci jointe qui fait partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2019, avec les signatures suivantes Mayor/Maire Common Clerk/Greffier communal First Reading - October 7, 2019 Premiere lecture - le 7 octobre 2019 Second Reading - October 7, 2019 Deuxieme lecture - le 7 octobre 2019 Third Reading - Troisieme lecture - COUNCIL REPORT M&C No. 2019-265 Report Date October 17, 2019 Meeting Date October 21, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Amendment to Common Council's Procedural By -Law OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John L. Nugent John L. Nugent John Collin RECOMMENDATION It is in order for Common Council to give first and second reading to the attached Amendment to the Procedural By -Law. EXECUTIVE SUMMARY Common Council directed the preparation of an Amendment to Common Council's Procedural By -Law, which amendment would dictate the confidentiality of correspondence and associated material distributed to Council members by the Common Clerk in advance of the public distribution of the Council kit, pending public distribution of that kit. PREVIOUS RESOLUTION 12.6 Treatment of Letters/Documents addressed to Common Council: Proposed Procedural Bylaw Amendment Referring to the submitted report entitled M&C 2019-232: Treatment of Letters/Documents addressed to Common Council: Proposed Procedural Bylaw Amendment the Common Clerk outlined the recommendation in response to a referral to the City Manager on July 29th, 2019. Moved by Councillor Reardon, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-232: Treatment of Letters/Documents addressed to Common Council: `L'E -2 - Proposed Procedural Bylaw Amendment, Council direct the City Manager to prepare the following amendment to Council's procedural bylaw: "In the event that the Common Clerk determines that correspondence and any associated material addressed to Common Council and delivered to his/her office, should be distributed to members of Council in advance of the distribution of the Council agenda kit, then in such case no member of Council shall disclose either the existence, the substance, or a copy of such correspondence and/or material prior to the Council agenda kit in which it/they will be included, being made available to the public pursuant to s.8..." MOTION CARRIED with Councillor Sullivan voting nay, stating it lessens communication with the public. STRATEGIC ALIGNMENT The Amendment in question promotes good governance which underpins the pursuit of each of Council's priorities. REPORT For ease of reference, the report upon which the resolution directing preparation of the amendment was based, is attached. SERVICE AND FINANCIAL OUTCOMES There are no financial implications of the Amendment, and its adoption will assure that all members of the public have equal access to correspondence and related materials with their distribution in the publicly available Council kit. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENT(S) Council Report "Treatment of Letters/Documents Address to Common Council: Proposed Procedural Bylaw Amendment" Amendment to Common Council's Procedural By -Law BY-LAW NUMBER M-5 A LAW TO AMEND A BY-LAW RESPECTING THE PROCEDURE OF THE COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE N° M-5 ARRETE MODIFIANT L'ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cretd ce qui suit : A By -Law of The City of Saint John entitled "a By -Law Respecting the Procedures of the Common Council of The City of Saint John" enacted on the 29th day of November, A.D. 2010, is hereby amended as follows: Par les prdsentes, 1'arret6 de The City of Saint John intitul6 a Arret6 concernant le reglement int6rieur du conseil communal de The City of Saint John )>, ddictd le 29 novembre 2010, est modifie comme suit: 1 The following subsection is added 1 Le paragraphe suivant est ajout6 immediately following subsection 8.6: immddiatement apres le paragraphe 8.6: "8.6.1 "In the event that the Common Clerk determines that correspondence and any associated material, addressed to Common Council and delivered to the Common Clerk's office, should be distributed to Members in advance of the distribution of the Council kit, then in such case no Member shall disclose the existence, the substance, or provide a copy of such correspondence and/or material prior to the Council kit in which it/they will be included, being available to the public pursuant to subsection. 8.8" « 8.6.1 Dans 1'6ventualit6 ou le greffier communal ou la greffi6re communale estime que de la correspondance et tout materiel connexe adresses au conseil communal et livres au bureau du greffier communal devraient etre distribu6s aux membres avant la distribution de la trousse de documents relative aux r6unions du conseil, aucun membre ne divulgue 1'existence, le contenu ni ne fournit une copie de ladite correspondance ou du mat6riel connexe avant que la trousse de documents relative aux rdunions du conseil dans laquelle ils seront inclus ne soit mise a la disposition du public conform6ment au paragraphe 8.8 IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le pr6sent arr6te City to be affixed to this by-law the day of le 2019, avec les signatures A.D. 2019 and signed by: suivantes : Mayor/Maire First Reading - Premiere lecture - Second Reading - Deuxi6me lecture - Third Reading - Troisi6me lecture - [N/ 1 41 COUNCIL REPORT M&C No. 2019-232 Report Date September 03, 2019 Meeting Date September 09, 2019 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Treatment of Letters/Documents address to Common Council: Proposed Procedural Bylaw Amendment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor John Collin RECOMMENDATION That Council direct the City Manager to prepare the following amendment to Council's procedural bylaw: "In the event that the Common Clerk determines that correspondence and any associated material addressed to Common Council and delivered to his/her office, should be distributed to members of Council in advance of the distribution of the Council agenda kit, then in such case no member of Council shall disclose either the existence, the substance, or a copy of such correspondence and/or material prior to the Council agenda kit in which it/they will be included, being made available to the public pursuant to s.8..." EXECUTIVE SUMMARY In response to the July 29, 2019 referral to the City Manager respecting letters/documents addressed to Mayor and Council, the City Solicitor has prepared draft language for an amendment to Council's procedural bylaw which would prohibit Council members from disclosing correspondence and associated materials, addressed to Council and delivered to the Clerk's office for inclusion on an agenda, prior to the Council agenda package being made available to the public. 498 -2 - PREVIOUS RESOLUTION Council resolution of July 29, 2019: "RESOLVED that the item Letters/Documents Addressed to Mayor and Council be referred to the City Manager for guidance." REPORT At its July 29, 2019 meeting, Council discussed the Deputy Mayor's agenda submission regarding letters and/or documents addressed to Members of Common Council being discussed, or being made available to the public via social media, prior to the item appearing on a Council agenda. As background, a letter from Minister Carr regarding the Sustaining Saint John report was sent to the Common Clerk's office via email on July 17th. The Clerk's office forwarded the email and letter to Council members advising that it would be added to Council's July 29th agenda. The letter was subsequently shared online by a Council member prior to the agenda being published. At the July 29th Council meeting that the procedural bylaw does not contain specific provisions which address the issue of making agenda materials public prior to the release of the Council agenda kit. Council subsequently referred the matter to the City Manager for report and recommendation. It is staff's view that an amendment to Council's procedural bylaw would effectively address this matter and provide clarity to both Council and staff in the future. The City Solicitor prepared the following draft procedural bylaw amendment for Council's consideration: "In the event that the common clerk determines that correspondence and any associated material addressed to Common Council and delivered to his/her office, should be distributed to members of Council in advance of the distribution of the Council agenda package, then in such case no member of Council shall disclose either the existence, the substance, or a copy of such correspondence and/or material prior to the Council agenda package in which it/they will be included, being available to the public pursuant to s.8..." Should Council wish to proceed with the amendment, staff will prepare the amendment and submit it to a future Council agenda. STRATEGIC ALIGNMENT SERVICE AND FINANCIAL OUTCOMES Ert�11 -3 - N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City Manager and City Solicitor ATTACHMENTS N/A 11 W91 COMMON COUNCIL REPORT M&C No. 201.11..84 Report Date October 16, 2019 Meeting Date October 21, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City of Saint John Tourism Accommodation Levy Bylaw OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Phil Ouellette Jacqueline Hamilton John Collin RECOMMENDATION Staff recommend: 1. That Common Council give 1St and 2nd reading to the Tourism Accommodation Levy By -Law attached to this report. EXECUTIVE SUMMARY As the Government of New Brunswick (GNB) has recently adopted enabling legislation to allow municipal governments to introduce mandatory accommodation levies in their communities, City staff are recommending that Common Council proceed with the adoption of the Tourism Accommodation Levy Bylaw. After over 10 years of a voluntary accommodation levy in Saint John, the only one of its kind New Brunswick, the proposed new Bylaw will enhance Saint John's ability to deliver tourism support and destination marketing. The initiation of the mandatory Bylaw is being proposed for January 1St, 2020, which will give the City sufficient time to notify and prepare all accommodation operators who will be expected to collect the levy. The new bylaw will be a tremendous addition to the City's economic growth efforts and offers a new revenue tool for the City to support tourism promotion and development. 151 -2 - STRATEGIC ALIGNMENT Common Council adopted a set of Council Priorities: 2016-2020 in early November 2016, and under the heading of "Growth and Prosperity," the following is stated: "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." In addition, Council adopted key performance indicators to evaluate its ability to Grow SJ, including, among others: "Building permit value," "Change in tax base assessment within the City," "Change in population." Finally, Saint John Common Council: adopted the Roadmap for Smart Growth early 2017; adopted the Population Growth Framework in early 2018; and, the initiation of the Neighborhood Plan for the Central Peninsula in late 2019. REPORT Background For the past decade, Saint John has benefited from a special partnership with the Saint John Hotel Association (SJHA), which resulted in a dramatic shift for tourism promotion and development and its corresponding benefits to the Saint John region. While the City invested into a new destination marketing organization, SJHA established a voluntary hotel levy with participating operators across the City and used the revenue from this levy to further support the destination marketing organization. This voluntary levy was unique for New Brunswick, as no other community was able to assemble such a public-private partnership, all without the support of enabling provincial legislation. Over this past summer, GNB adopted enabling legislation to provide authority under the Local Governance Act to permit municipalities to establish and collect a Tourism Accommodation Levy. This was welcomed news for cities across New Brunswick, who will now be equipped with a new revenue source to support their economic development efforts. In the past three months, the cities of Fredericton and Moncton have adopted municipal bylaws to welcome new accommodation levies to their communities. A concerted effort was made between the three largest cities of New Brunswick to invite consistency across accommodation levies, in order for operators and customers to receive a comparable experience as it relates to the levies. `% -3 - Building Saint John's Tourism Accommodation Levy Bylaw When City staff first embarked on the development of a new accommodation levy Bylaw for Saint John, the primary objective was to build -off the tremendous success of the volunteer levy that has been in placed in our community for the past decade. To facilitate the development of the Bylaw, the City invited SJHA, Discover Saint John and Dillon Consulting to help in formulating appropriate Bylaw language specific to the needs of Saint John, all while attempting to build consistency with the cities of Fredericton and Moncton. A series of meeting occurred amongst engaged partners in the exercise, which refining the initial draft Bylaw. After a number of meetings, the assembled group of partners achieved general consensus on the policy consideration for the Bylaw, which then invited the opportunity for legal review and translation. The group of partners also agreed that it would be best to maintain the existing voluntary levy until December 31, 2019, which will give the City sufficient time to notify and prepare those operators currently not participating in the voluntary levy. Content of Saint John's proposed Accommodation Levy Bylaw Staff are presenting the proposed Bylaw (see attached) for Council's consideration and to proceed with 1St and 2nd reading, and some of the key facets of the Bylaw include: • The new Tourism Accommodation Levy is to begin on January 1St, 2020. • The funds collected will continue to be invested into tourism promotion and development. • A levy of 3.5% will be applied. • The City of Saint John will collect and administer the levy (Finance and Administrative Services). • No minimum threshold of number of rooms for operators. • Those exempt from the levy include: o student who is accommodated in a building owned or operated by a post -secondary educational institution while the student is registered; o accommodated in a room for more than 31 consecutive days. • Monthly reporting will be expected from participating operators. • Clarity on interest, liens, enforcement and offence (fines and administrative penalties). `V -4 - Mirroring the language from Fredericton and Moncton, the City of Saint John Bylaw defines "tourism accommodation" as: "any premises operated to provide, for remuneration, temporary sleeping accommodation for the public for a continuous period not exceeding 31 days, and includes hotels, motels, inns, bed and breakfasts, resorts, hostels, campgrounds consisting of tents, yurts, cabins and trailer sites, buildings owned or operated by a post -secondary institution, any other facility or building which contains rooms offered as accommodations or rental units and dwelling units that are offered as lodgings." Other Considerations Expansion of Scope The wording used in the proposed Bylaw does not limit the potential for the expansion of tourism development and promotion into areas not yet fully defined. For example, the language used in the Bylaw will invite the ability to require operators of AirBnB units to collect a levy with their guests, but the City will not be proceeding with the collection of the levy for AirBnB operators in 2020. The process to establish a levy with Airbnb operators requires the establishment of an agreement directly with AirBnB, which staff intend to pursue in the coming years, at which points the levy will be applied to such operators. Another potential area of tourism expansion is to work with regional municipalities to invite comparable bylaws in their respective communities and to work together to deliver ever expanding tourism development and promotion for regional businesses, citizens and visitors. Discover Saint John The City's current contract with Discover Saint John is scheduled to come to an end by 2019 year-end. While the City intends to begin collecting the new accommodation levy on January 1St 2020, there is a need to plan for 2020 and beyond. As such, City staff are developing a transitional contract extension for Discover Saint John to continue operations into 2020. The proposed contract extension will be presented to Common Council in the coming weeks, which will ensure the continued momentum of our tourism efforts until the City implements proposed changes from the broader economic development alignment exercise. Information and Preparation for Operators Existing participants of the voluntary levy in Saint John are all represented through the Saint John Hotel Association, and have been informed of the proposed changes to levy collection in Saint John. Participation in the existing voluntary levy `REI -5 - accounted for the majority of all available tourism accommodations in Saint John, which signifies that there are some operators not yet familiar with the process of levy management, collection and reporting. Those operators who have not collected the voluntary levy in the past will now be required to collect the new levy as per the Tourism Accommodation Levy Bylaw. In the coming weeks, Staff intend to reach -out to all accommodation operators and offer information sessions on how to prepare for the collection of levies from their customers. In addition, a factsheet will be developed to support the transition as well as monthly reporting templates to facilitate the transition into levy collection and reporting. A joint -letter from the City of Saint John and the Saint John Hotel Association was sent to all applicable accommodation operators in Saint John on Friday October 18th (see attached), which offered insight on the Bylaw as well as proposed next steps. Timeline and Next Steps • October 21St — Presentation of draft Tourism Accommodation Levy Bylaw and the opportunity for Council to give 1St and 2nd reading. • November 4th — 3rd reading of draft Tourism Accommodation Levy Bylaw. • November 2019 — Information sessions for accommodation operators preparing for the collection and reporting of the new levy. • November 2019 — Staff to present contract extension for Discover Saint John for Common Council's consideration. • December 31St, 2019 — Final day of existing voluntary hotel levy. • January 1St, 2020— First day of new Tourism Accommodation Levy for Saint John. SERVICE AND FINANCIAL OUTCOMES The intended outcomes of the City of Saint John's growth -related efforts and investments are to achieve new levels of employment, population and tax base growth. The City currently invests over $2 million in economic development, including dedicated grants to the three external agencies: Discover Saint John (approximately $1 million/annual Saint John investment); Develop Saint John (approximately $825,000/annual Saint John investment); and, Economic Development Greater Saint John ($475,000 million/annual Saint John investment). In addition, the City houses economic development coordination, population growth, Arts and Culture, and a number of key economic and culture -6 - facilities (i.e. Trade and Convention Centre, TD Station, Imperial Theatre, Saint John Arts Centre, Aquatic Centre) within the Growth and Community Development Service Area. Initial annual revenue projections have been developed for the new accommodation levy, when accounting for all the assumptions identified within the proposed Bylaw and an assumption of a comparable volume of accommodation occupancy of past years, and the levy is projected to yield anywhere between $400,000 to $600,000 of additional revenue as is currently collected by the voluntary levy (i.e. a total of $1.4 to $1.6 million/annually). INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The development of the Saint John Tourism Accommodation Levy Bylaw was supported by key community partners, including: Paulette Hicks (Saint John Hotel Association), Danielle Timmons (Saint John Hotel Association), Glenda MacLean (Discover Saint John), Victoria Clarke (Discover Saint John), Stephen Stone (Dillon Consulting). In addition, the report was supported by colleagues within the City of Saint John, including Melanie Tompkins (City Manager's Office) and Craig Lavigne (Finance and Administrative Services). Finally, the City of Saint John's Bylaw was informed by the cities of Moncton and Fredericton, who have already recently adopted tourism accommodation levy bylaws. ATTACHMENTS Attachment 1— Saint John Tourism Accommodation Levy Bylaw Attachment 2 — Presentation on Tourism Accommodation Levy Attachment 3 — Letter sent on October 181h to all accommodation operators in Saint John `&V THE CITY OF SAINT JOHN NEW BRUNSWICK A By-law relating to a Tourism Accommodation Levy in The City of Saint John By-law Number An uncertified copy of this By-law is available online `PrA Arrete concernant la taxe sur 1'hebergement touristique de The City of Saint John Arrete numero Une copie non certifiee de 1'arrete est disponible en ligase K TABLE OF CONTENTS TABLES DES MATIERES Section Description Page Article Description Page Recitals 3 Pr&ambule 3 1 Title 3 1 Titre 3 2 Definitions 3 2 Definitions 3 3 Interpretation 4 3 Interpr6tation 4 4 Appointment of By-law 5 4 Nomination des agents 5 enforcement officers charges de 1'ex6cution des arrWs 5 Application of levy 6 5 Application de la taxe 6 6 Collection of levy 6 6 Perception de la taxe 6 7 Separate line item for levy 6 7 Poste distinct indiquant la taxe 6 8 Exemptions 6 8 Exon&rations 6 9 Report on levy 6 9 Rapport sur la taxe 6 10 Remittance of levy 7 10 Remise de la taxe 7 11 Records 7 11 Dossiers 7 12 Calculation of levy 8 12 Calcul de la taxe 8 13 Refund of levy collected in 8 13 Remboursement de la taxe 8 error perdue par erreur 14 Interest 8 14 Int&&s 8 15 Lien 9 15 Privilege 9 16 Enforcement 9 16 Application de 1'arr&6 9 17 Offences 9 17 Infractions 9 18 Administrative penalties 10 18 P&nalit&s administratives 10 19 Effective Date 10 19 Date d'entr6e en vigueur 10 `N'f:3 K3 RECITALS WHEREAS local governments may make By- laws pursuant to the Local Governance Act; and WHEREAS the purpose of this By-law is to establish and collect a tourism accommodation levy in The City of Saint John pursuant to section 10 1. 1 of the Local Governance Act; and WHEREAS pursuant to subsection 101.1(8) of the Local Governance Act, the City intends to use the proceeds of the tourism accommodation levy collected under this By-law for tourism promotion and development; PREAMBULE ATTENDU QUE les gouvernements locaux peuvent prendre des arretes en vertu de la Loi sur la gouvernance locale; et ATTENDU QUE 1' obj ectif de cet arrete est d'etablir et de percevoir une taxe sur 1'hebergement touristique dans The City of Saint John, conformement a Particle 10 1. 1 de la Loi sur la gouvernance locale; et ATTENDU QUE conformement au paragraphe 101.1(8) de la Loi sur la gouvernance locale, la municipalite prevoit d'utiliser les recettes de la taxe sur 1'hebergement touristique per�ues en vertu du present arrete a des fins de promotion et de developpement du tourisme; NOW THEREFORE the Common Council of A CES CAUSES, le conseil communal de The The City of Saint John enacts as follows: City of Saint John edicte : Title 1 This By-law may be cited as the "Tourism Accommodation Levy By-law" (hereinafter the `By-law"). Definitions Titre 1 Le present arrete peut etre cite sous le titre : Arrete concernant la taxe sur Vhebergement touristique (ci-apres « 1' arrete »). Definitions 2 The following definitions apply in this By- 2 Les definitions qui suivent s' appliquent au law present arrete. "By-law enforcement officer" means a By-law enforcement officer, a consultant or any other person or entity appointed under this By-law and designated by resolution of Common Council (agent charge de Vexecution des arretes); agent charge de 1'execution des arretes » designe un agent charge de 1' execution des arretes, un consultant ou toute autre personae ou entite nommee conformement au present arrete et designe par resolution par le conseil communal (By-law enforcement officer); "City" means The City of Saint John « municipalite » designe The City of Saint John (municipalite); (City); C! "Common Council" means the elected municipal council of the City (conseil communal); "business day" means a day other than a Saturday, Sunday or statutory holiday in New Brunswick (jour ouvrable); "Levy" means the tourism accommodation levy collected pursuant to this By-law (taxe); "Operator" means a person, partnership or corporation who, in the normal course of its business, sells, offers to sell, provides and offers to provide tourism accommodation in the City (exploitant); and "Tourism Accommodation" means any premises operated to provide, for remuneration, temporary sleeping accommodation for the public for a continuous period not exceeding 31 days, and includes hotels, motels, inns, bed and breakfasts, resorts, hostels, campgrounds consisting of tents, yurts, cabins and trailer sites, buildings owned or operated by a post -secondary institution, any other facility or building which contains rooms offered as accommodations or rental units and dwelling units that are offered as lodgings (hebergement touristique). Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section conseil communal » designe les membres &lus du conseil municipal de la municipalite (Common Council); jour ouvrable» designe une joum&e autre que le samedi, dimanche ou un jour f&ri& au Nouveau -Brunswick (business day); taxe >> designe la taxe sur 1'h6bergement touristique perdue en vertu du present arrete (levy); exploitant » designe une personae, une societe de personnes, une societe qui, dans le cours normal de ses activit&s, vend, offre en vente, fournit et offre de fournir de 1'h6bergement touristique dans la municipalite (operator); et hebergement touristique » designe tout local exploit& en vue d' offrir, contre remuneration, 1'Mbergement temporaire au public pendant une p&riode continue n'exc&dant pas 31 jours et inclut un hotel, un motel, une auberge, un gite touristique, un centre de vill&giature, un camping compos& de teretes, de yourtes, de cabines, d'emplacements pour roulottes, un batiment dont un &tablissement postsecondaire en est le propri&taire ou 1'exploitant, ou tout autre immeuble ou edifice qui contient des chambres offertes a des fins d'h&bergement ou des unit&s de location ou d'habitation offertes a des fins hebergement (tourism accommodation). Interpretation 3 Les r&gles d'interpr&tation suivantes s'appliquent au present arrete. a) Les titres, intertitres et num&ros des 67 names and numbers appearing in this By- law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other By-laws of the City, the term is intended to include all applicable amendments to those By-laws, including successor By-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable By-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. Appointment of By-law Enforcement Officers 4 Common Council may, for the purposes of the administration and enforcement of this By- law, appoint By-law enforcement officers who may exercise such powers and perform such duties as may be set out in this By-law or the Local Governance Act. dispositions ne servent qu'a faciliter la consultation de 1' arrete et ne doivent pas servir a son interpretation. b) Le genre ou le hombre grammaticaux doivent etre adaptes au contexte. C) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretes de la municipalite visent egalement les modifications qui s'y appliquent, y compris tout arrete de remplacement. d) Les obligations qu'il cree s' aj outent a celles decoulant d' autres arretes applicables de la municipalite ou des lois et reglements applicables des gouvernements federal ou provinciaux. e) Si une disposition quelconque est declaree invalide par un tribunal competent pour quelque motif que cc soit, la decision n'entache en rien la validite de 1'arrete dans son ensemble ni de toute autre disposition. Nomination des agents charges de 1'execution des arretes 4 Le conseil communal peut, pour les fins de 1' administration et de P application du present arrete, nommer des agents charges de 1'execution des arretes charges d' exercer les pouvoirs et remplir les fonctions prevus dans le present arrete ou la Loi sur la gouvernance locale. C.1 Application of Levy 5 A levy of 3.5% of the purchase price of tourism accommodation shall be imposed by operators in the City. Collection of Levy 6 Operators shall collect the levy from the purchaser at the time the tourism accommodation is purchased and shall remit the levy to the City at the times and in the manner set forth in this By- law. Separate Line Item for Levy 7 An operator shall include on every invoice and receipt for the purchase of toursim accommodation a separate line item for the amount of the levy imposed pursuant to section 5. Exemptions 8 The levy shall not apply to: (a) a student who is accommodated in a building owned or operated by a post- secondary educational institution while the student is registered at and attending a post -secondary educational institution; and (b) a person who is accommodated in a room for more than 31 consecutive days. Report on Levy 9(1) Subject to subsection (2), unless otherwise provided, all operators shall submit to the City, in a form acceptable to the City, a monthly report detailing the tourism accommodation sales and levy collected. Application de la taxe 5 Une taxe de 3,5 % du prix d'achat de 1'hebergement touristique est imposee par les exploitants dans la municipalite. Perception de la taxe 6 Les exploitants pergoivent la taxe aupres de l' acheteur au moment de 1' achat de 1'hebergement touristique et ils la remettent a la municipalite au moment et selon les modalites prevus dans le present arrete. Poste distinct indiquant la taxe 7 Un exploitant inclut sur chaque facture et chaque re�u d'achat d'hebergement touristique un poste distinct indiquant le montant de la taxe imposee conformement a Particle 5. Exonerations 8 La taxe ne s'applique pas : a) a un etudiant heberge dans un batiment dont un etablissement d'enseignement postsecondaire en est le proprietaire ou 1'exploitant pendant qu'il frequente un etablissement d' enseignement postsecondaire et qu'il y est inscrit; et b) a une personae hebergee dans une chambre plus de 31 jours consecutifs. Presentation de rapports sur la taxe 9(1) Sous reserve du paragraphe (2), et sauf indication contraire, tous les exploitants presentent A la municipalite, dans un format acceptable pour la municipalite, un rapport mensuel precisant les ventes d'hebergement touristique et la taxe perdue. 9(2) The City may at any time require an 9(2) La municipalite peut en tout temps exiger operator to provide a report of sales and levy d'un exploitant que celui-ci fournisse un rapport fl"M collected for any period. 9(3) The report referred to in subsection (1) shall be submitted by an operator for each place of business of that operator, unless the City has agreed that the operator may submit a single consolidated report for all its places of business. 9(4) The report referred to in subsection (1) shall be submitted to the City no later than the 201' day of the month following the month in which the levy was collected by the operator. Remittance of levy 10(1) The levy collected by an operator shall be remitted to the City no later than the last day of the month following the month in which the levy was collected. 10(2) If an operator did not collect any levy during a given month, that operator shall nevertheless submit a report to the City to that effect in a form acceptable to the City. 10(3) Where an operator ceases to carry on or disposes of its business, said operator shall submit the monthly report contemplated at section 9 and remit the levy to the City within 20 business days of the date this operator ceases to carry on or disposes of its business. Records 11(1) An operator shall keep books of account, records and documents sufficient to furnish the City with the necessary particulars of: (a) sales of tourism accommodation, (b) amounts of levy collected, and (c) remittance of levy `M N des ventes et de la taxe perdue, et ce, pour toute p&riode. 9(3) Le rapport vise au paragraphe 1 est present& par un exploitant pour chaque lieu d'affaires de cet exploitant, sauf si la municipalit& a convenu que 1'exploitant pr&sente un seul rapport consolid& pour tous ses lieux d'affaires. 9(4) Le rapport vis& au paragraphe 1 est pr&sent& a la municipalit& au plus tard le 20e jour du mois suivant le mois ou la taxe a &t& perdue par 1' exploitant. Remise de la taxe 10(1) La taxe perdue par un exploitant est remise A la municipalit& au plus tard le dernier jour du mois suivant le mois au cours duquel la taxe a &t& perdue. 10(2) Si un exploitant n' a perdu aucune taxe au cours d'un mois donne, it pr&sente quand meme un rapport a cet effet a la municipalit& dans un format acceptable pour la municipalit&. 10(3) Lorsqu'un exploitant cesse ses activit&s ou se d&partit de son entreprise, ledit exploitant pr&sente le rapport mensuel vis& a Particle 9 et remet la taxe a la municipalit& dans les 20 jours ouvrables suivant la date ou it cesse ses activit&s ou se d&partit de son entreprise. Dossiers 11(1) Un exploitant tient des livres comptables, dossiers et documents suffisants pour Bonner a la municipalit& les pr&cisions requises au sujet de cc qui suit : a) les ventes d'h&bergement touristique; b) les montants per�us au titre de la taxe; c) la remise de la taxe. 14 11(2) All entries concerning the levy in such books of account, records and documents shall be separate and distinguishable from other entries made therein. 11(3) Every operator shall retain any book of account, record or other document referred to in this section for a minimum period of 6 years following the date on which said documents were created. 11(4) The City may, at any time, inspect and audit all books, records, accounts, transactions and other documents of an operator and require an operator to produce copies of any document or record it deems necessary for the purposes of administering and enforcing this By-law. Calculation of Levy 12 Where an operator sells tourism accommodation in combination with meals and other specialized services in the form of an all- inclusive package, the purchase price of the all- inclusive package shall be deemed to be the purchase price of the tourism accommodation for the purpose of calculating the levy pursuant to section 5 hereof. Refund of Levy Collected in Error 13 If the City is satisfied that an operator has remitted to the City an amount as collected Levy that the operator neither collected nor was required to collect under this By-law, the City shall refund this amount to the operator. Interest 14 Interest is payable to the City on the levy to be collected and remitted under this By-law at the rate of 1.5% per month on all levies not paid on `[:�! 11(2) Toute inscription aff&rente a la taxe faite dans ces livres comptables, dossiers et documents est distincte des autres inscriptions qui y ont &t& faites. 11(3) Chaque exploitant conserve pendant 6 ann&es suivant la date ou les documents ont &t& crew les livres comptables, dossiers et documents vises au present article. 11(4) La municipalit& peut, en tout temps, inspecter et verifier 1'ensemble des livres, dossiers, comptes, operations et autres documents d'un exploitant et exiger que cc dernier produise une copie de tout document ou dossier qu'elle juge n&cessaire a 1'administration et a 1'application du present arrete. Calcul de la taxe 12 Lorsqu'un exploitant vend de 1'h6bergement touristique en combinaison avec des repas et autres services specialises sous forme de forfait tout compris, le prix d'achat du forfait tout compris est consider& comme le prix d' achat de 1'h6bergement touristique aux fins du calcul de la taxe conform&ment a 1' article 5. Remboursement de la taxe perdue par erreur 13 Si la municipalit& est convaincue qu'un exploitant a remis a la municipalit& un montant correspondant a une taxe perdue que 1'exploitant n' a ni perdu ni &t& term de percevoir en vertu du pr&sent arret&, la municipalit& rembourse cc montant a 1' exploitant. Int6rets 14 Les int&rets associ&s a tout montant correspondant a la taxe qui n'a pas &t& remise a la date prescrite soot payables a la municipalit& sur the prescribed date. Lien �67 15 Any levy payable under this By-law and interest thereon owed to the City shall, until they are fully paid, form a lien and charge against the operator's lands, and the City may file with the Land Registry Office a notice to that effect. Enforcement 16(1) By-law enforcement officers are hereby authorized to carry out any inspection necessary for the administration or enforcement of this By- law. 16(2) By-law enforcement officers are hereby authorized to take such actions, exercise such powers and perform such duties as may be set out in this By-law or in the Local Governance Act and as they may deem to be necessary to enforce any provision of this By-law. Offences 17(1) A person who violates any of the provisions of this By-law is guilty of an offence and liable on conviction to a fine of $2,100.00. 17(2) If an offence continues for more than one day, the fine established at subsection (1) shall be multiplied by the number of days during which the offence continues. `M la taxe a etre perdue et remise en vertu du present arrete, a un taux mensuel 1,5 %. Privilege 15 Toute taxe payable en vertu du present arrete et tout interet y afferent du a la municipalite, jusqu'a ce qu'ils soient payes en entier, constituent un privilege et une charge sur les proprietes foncieres de 1'exploitant, et la municipalite peut deposer aupres du bureau d'enregistrement un avis a cet effet. Application de 1'arrete 16(1) Les agents charges de 1'execution des arretes soot autorises a realiser les inspections necessaires a 1'administration et a 1'application du present arrete. 16(2) Les agents charges de 1' execution des arretes soot habilites a prendre les mesures et a exercer les pouvoirs et les fonctions enonces dans le present arrete ou dans la Loi sur la gouvernance locale qu'ils estiment necessaires a 1'application des dispositions du present arrete. Infractions 17(1) Toute personne qui contrevient a Pune des dispositions du present arrete commet une infraction et est passible, sur declaration de culpabilite, a une amende de 2100 $. 17(2) Si une infraction se poursuit plus d'un jour, 1' amende prevue au paragraphe 1 est multipliee par le hombre de jours pendant lesquels 1'infraction se poursuit. 10 Administrative Penalties 18(1) The City may require an administrative penalty to be paid with respect to a violation of any provision of this By-law as set out in subsection 18(2). 18(2) A person who violates any provision of this By-law may pay to the City within 30 business days from the date of such violation an administrative penalty of $1500.00, and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. Effective Date Penalites administratives 18(1) La municipalite peut exiger qu'une penalite administrative soit payee relativement a une infraction a toute disposition du present arrete, comme prevu au paragraphe 18(2). 18(2) Toute personae qui contrevient a toute disposition du present arrete peut payer a la municipalite dans un Mai de 30 jours ouvrables a compter de la date de ladite infraction, une penalite administrative de 1500 $, et une fois 1' amende payee, la personne n' est plus susceptible de poursuites judiciaires. Date d'entree en vigueur 19 This By-law comes into force and is 19 Le present arrete entre en vigueur et devient effective as of January 1, 2020. executoire le 1' janvier 2020. 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: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2019, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 11 `ff- A 0 O cu O c/1 O U .j 0 N O N E -0 � O U U 0 0 O c/1 0 0 ca m I a o o ca m I o E E 0 u Q — d N M Im,opn o, o .L R w ah � � .r tl � .�.. R •~ yO � � m ar �, ea O a v 6 V ri g of •v ^ cltt 0 a 41 a ti `q '� r�W7! O 5 i, La L� � 'J' c� 4a V •9 p9 bq 45Q w .� O M c� m a� 0 0 0 U U Q c� m a� 0 0 0 U U Q , qA O N O U N October 18, 2019 Subject: Tourism Accommodation Levy Bylaw Dear Accommodation Operator: For more than a decade, the Saint John Hotel Association and the City of Saint John have successfully funded a Destination Marketing Organization - Discover Saint John, which has made noticeable improvements to the visitor experience, tourism industry and economic growth for the Saint John region. In addition to the City of Saint John's investment, Saint John Hotel Association has been successfully collecting a voluntary Destination Marketing Fee during this same period. While the last decade has been an important one for tourism promotion and development, we are writing you today as we are embarking on a new evolution of our collective efforts. Over this past summer, the Government of New Brunswick adopted enabling legislation to provide authority under the Local Governance Act to permit municipalities to establish and collect a Tourism Accommodation Levy. Saint John Common Council will soon be receiving an initial draft of a new Tourism Accommodation Levy Bylaw for their consideration (slated for the October 21St and November 4th Common Council meetings) which will seek to introduce a 3.5% levy added on the purchase price of all tourism accommodations in the City of Saint John, including those operators that were not participants in the former voluntary levy. All applicable reports and the draft bylaw document will be published in the agenda packet for Saint John Common Council meetings, which is available at www.saintjohn.ca. The voluntary levy is expected to come to end on December 31, 2019 and the new mandatory Tourism Accommodation Levy is expected to begin on January 1 st, 2020. The funds collected will continue to be invested into tourism promotion and development. Saint John's bylaw was designed to align with other jurisdictions in New Brunswick, including St. Andrews, Fredericton and Moncton. We wanted to communicate with all applicable operators in the City of Saint John of these anticipated changes in order to build awareness and prepare for the changes expected from the new Bylaw. Once the new Bylaw is adopted, the City of Saint John will invite you Page 1 of 179 to attend an information session in November to review expectations of the bylaw, collection process and guidelines for remittance. If you have any questions prior to the information sessions, please feel free to contact us. We have had great success with the voluntary levy over the last decade and we are looking forward to moving into the next era of tourism success for our community. Sincerely, Paulette Hicks President, Saint John Hotel Association Paulette.hick deltasaint°ohn.com 1i F-1191 Phil Ouellette Deputy Commissioner, Community Growth & Development City of Saint John hil.ouellette c sainfohnaca Page 2 of 2 Received Date October 17, 2019 Meeting Date October 21, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Goods and Services Budget for Mayor and Common Council Background: In order to lead through example, after announcing upwards of $14 - $16 million of potential budget change, it is time for council to also make changes to our own budgets. The 2019 Goods and Services budget for the Mayor's Office is $60 000 while the Goods and Services budget for Common Council is $180 000. These savings would be in the order of $75 000 and as we saw in the presentation at our last meeting, many of the opportunities are on this scale. This small step could help save some of the grants that we are concerned with, for example (but not limited to) neighbourhood associations, the Cherry Brook Zoo and many other organizations that are able to leverage our small grants to support a good quality of life in Saint John. Motion: Direct the City Manager to report back to council with a recommendation to reduce the Goods and Services budgets of the Mayor's Office and Common Council by at least 30%. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John (P4 - SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 Received Date October 17, 2019 Meeting Date October 21, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Bylaw Amendment regarding Composition of Common Council Background: Given that we are looking for every opportunity to reduce our structural deficit and are looking to every corner of our corporate City of Saint John budget for opportunities. We are also asking our entire workforce to consider wage freezes in their next contracts and have passed a Wage Escalation Policy with regards to our entire organization. Also given that councilors received a significant pay raise during this mandate, it makes it difficult to ask our employees to do the same with integrity. Therefore, as we will have to do with salary budgets in order to responsibly handle the structural deficit; if the pay goes up, then the number of employees must be reduced. Motion: Common Council direct the City Manager to begin the process for a proposed change to the bylaw for the composition of Common Council. The proposed new model would consist of 1 Councillor per Ward and 4 Councillors At Large for a total of 8. The Deputy Mayor would continue to be selected from the elected Councillors. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John (P4 - SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 Received Date October 17, 2019 Meeting Date October 21, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Wage Escalation Policy Background: While we do have a policy to manage council wages moving forward, at the time the policy was developed, we did not have a corporate Wage Escalation Policy. This motion is intended to add the corporate Wage Escalation Policy to that Wage Policy for Common Council. Motion: The Wage Escalation Policy is to be included as part of the compensation policy for the Mayor and Common Council. Respectfully Submitted, (Received via email) Gary Sullivan Councillor at Large City of Saint John (P4 - SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 `E:ic3 Received Date October 17, 2019 Meeting Date October 21, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Dog Park on Harbourview Drive Background: The city owned decommissioned baseball field located at the end of Harbourview Drive in Red Head is vacant and the land is zoned Land for Public Purpose. The Red Head Community Association and myself would love to see a dog park there. The park would be for the recreational enjoyment of not only local residents but also for the larger community/ general public. The Red Head Community Association has pledged and is committed to perform all of the general maintenance of the dog park and will take care of it indefinitely. Gary Crossman, the local MLA for this area, has said that under the RDC there is provincial money, $5,000, for projects under Community Investment Fund that the city can sign off on for non incorporated groups like the Red Head Community Association and this funding would be applied for immediately. Motion: Up to $15,000 be provided from the Land For Public Purposes budget to build a dog park on Harbourview Drive located in the Harbourview Subdivision at the old baseball field site. Respectfully Submitted, (Received via email) Ray Strowbridge and David Merrithew Ward 4 Councillors City of Saint John Common Council SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saint)ohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I `E:11 From: Jesse davidson < Date: October 16, 2019 at 3:57:13 PM ADT To: "Strowbridge, Ray" <Ra Strowbrid Ye a)sainf ohn.ca> Subject: Red Head Communitoy Association - Dog Park Ray, As per our conversation the other night, thank you for your time. I'm writing this email to advise of the Community Associations interest in converting the unused ball field to a bark park. There has been interest, from myself included, in creating a subcommittee to monitor and maintain the park in terms of garbage bins if put in, lawn mowing, and so forth. Please keep me informed with how this moves forward. Jesse Davidson President - Red Head Community Association. Received Date October 16, 2019 Meeting Date October 21, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Presentation by Human Development Council Background: With the colder weather coming we need to mindful of those without a place to live and how to best accommodate people this winter. Motion: The Human Development Council be invited to appear before Common Council to provide an overview of what is currently being offered, what is currently lacking and what City Council could do to assist. Respectfully Submitted, (Received via email) John MacKenzie Ward 2 Councillor City of Saint John (P4 - SAINT JOHN ---- — I P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 1 www.saintjohn.ca I C.R 1971 Saint John, N. -B. 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I 0 I „„ I UO Q) 0 11 lu 0 D COUNCIL REPORT M&C No. 2019-264 Report Date October 17, 2019 Meeting Date October 21, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Sea Can and Program Manager Initiative OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Ian Fagan Kevin Fudge John Collin RECOMMENDATION It is recommended that Council: 1. Approve $19,000 from the Growth Reserve towards the build of the Sea Can containers, and 2. Support a 1 year trial of hiring an Uptown Program Manager, and 3. Accept the support offered from Uptown Saint John Inc. for material costs towards Sea Can Washroom of approximately $33,000. EXECUTIVE SUMMARY It is proposed that the City launch a one (1) year pilot project for an Uptown Program Manager along with deployment of a sea can bar and washroom with a view to supporting uptown growth and activities. 2019 has been a very successful year for holding events in the Uptown area and those events have been very well supported by the public. This initiative seeks to facilitate the continuation of those events, augment the experiences, introduce new events and unlock a revenue stream for the City. This initiative is also being supported by Uptown Saint John. These activites are projected to provide a net positive financial result for the City. PREVIOUS RESOLUTION The recommendation provided above was refered from Growth Committee to Council for approval. `&ON -2 - REPORT 2019 was a very successful year for events in the Uptown that will be capped off with Uptown Sparkles on December 5, 6 & 7. Regular events like the Night Market saw thousands of people stroll through an alleyway every Thursday night and special events such as Moonlight Bazaar, Fundy Fringe Festival, E2L Jam and Area 506 brought thousands of people into the Uptown core. Through these events it is easy to see how we have something special in our downtown, called Uptown, and our value proposition to attract more residents to our core is supported by these events. The City is seeking to launch a one year trial of an Uptown Event/Contract Coordinator to help augment the services provide, the attractions, develop more offerings and generate some much needed revenue to support the events and the City operations. It is proposed to construct a Sea Can Washroom and a Sea Can Bar/Water dispensing station to be deployed at the special events and to be regularly located at the Night Market and Cruise Ship terminals coinciding with the Cruise Ship arrivals and market activity. The washroom can also be used to help support other events in the Uptown and elsewhere throughout the City such as the Queens Square Farmer's market, tournaments or, in emergency situations, to support EMO deployment events. The majority of the labour can be completed using in -sourced City of Saint John labour expertise (except plumbing) but the materials would have to be purchased. Uptown Saint John has offered in principle (pending final board approval) to support the material cost for the Washroom facility and the City is seeking to use the Growth Reserve to cover the cost of material for the Sea Can Bar/Water Dispenser. The Uptown Program Manager would negotiate terms and oversee the deployment of the Sea Cans and pursue other activities that would generate revenue or reduce expenses for the City. Some of those activities include; - Public events/Placemaking o Act as one point of contact for requests in the uptown area. o Facilitate returning and new place -making experiences. o Manage and guide Uptown spaces/events like loyalist plaza, parades etc. o Street closures — One person to coordinate, write license, guide process and City involvement — ensure fees recover our costs, ie street clean up, garbage removal, policing. o Patio licenses —guide process, policy and procedure. o Pedestrian spaces — including conversion of South Market Street. Oversee capital budget. `MLI -3- o Communication — ensuring all stakeholders in the area are part of the conversation. Market Square o Contract management — Develop SJ (Market Square Development Corp) work with Hardman and contract oversight on sub leases (T&CC, library and Parking Garage). Current spend is over 2.4 mil, control costs, reduce costs through renegotiating leases. o Loyalist plaza Cruise ship market revenue generation and other vendor licenses like food trucks. Contract management o Any uptown license or lease — various parking lots, loyalist plaza, City market leases Night market o Promotion, revenues, expenses, vendor relations, event management, coordinate logistics City Market o Now opening later and 7 days a week is very thin with one manager who has vacation. This position would also serve as assistant market manager and back up to City Market Manager. Cruise ship market o Build proposal, run market same as night market, build capital project. o Sea Can Village planning. Business development o Port land exchange — develop rentals and leases on uptown property such as other sea cans deployed around Harbour Passage or the Market and Pugsley slips. Sea can deployment o Manage deployment of sea cans, including use for EMS. o Uptown SJ to pay for half the cost of sea can bathroom build, and offer use of their mobile pressure washer for cleaning. o Bar and washroom will normally reside at Night Market and Cruise Ship Terminal but will be deployed at other events like street closures and events like Area 506. Uptown Saint John o Partner with Uptown on washroom build; coordinate for events like Uptown Sparkles and street closures and other events. City Market Strategic Plan o Work to find funding and look at possible restructuring options for City Market. Marketing/Promo o Set up and manage social media plan for City Market and Night Market as well as future events/properties. -4 - The estimated net positive return to the City of these activities after expenses and a 10% expense contingency is approximately $30,000. We have not included an amount for some of the contract management activities which could yield significant benefit and savings to the City. Also incalculable is the net positive effect to growth that this support could generate. As an example of the growth effect, the Night Market has supported some very successful business ventures which lead to economic spinoffs. STRATEGIC ALIGNMENT This initiative aligns with several Council priorities including; - Growth and Prosperity by promoting Saint John as a community to live, work and play, and - Vibrant, Safe City by investing in arts, culture and recreation experiences that create a sense of community pride, and - Fiscally Responsible by leveraging opportunities to create alternative revenue sources. SERVICE AND FINANCIAL OUTCOMES This is a service enhancement/alignment project seeking to streamline and facilitate activities in the Uptown district and generate additional revenue for the City. The project requires an initial investment of approximately $99,515 with $33,015 contribution coming from Uptown Saint John leaving $66,500 required from the City. Of that $66,500, approximately $47,500 can be incurred with internal labour requiring $19,000 in actual one-time cash investment. The reoccurring revenue is expected to exceed the reoccurring expenses by approximately $30,000 annually and produce a net positive effect to the City's operating budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This initiative has been reviewed by Growth and Development who are supportive of the project. ATTACHMENTS Presentation fI11106Z:1 I I � I 2 UO Q) f°lrl GJ L L H H L r i �..� i 4O I � Q,F I Q 0 � O (n f •� U 4-J rn m (A a.., =3 a--+ N C: (3) (U (3) L •M .a% >. 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AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Emma Sampson Jacqueline Hamilton / Amy Poffenroth John Collin RECOMMENDATION Your City Manager recommends: That Common Council direct Staff to incorporate the proposed framework and evaluation matrix for consideration of individual sites of potential heritage as Local Historic Places in the Phase 2 Heritage Conservation Areas By -Law revisions; and, That Common Council, acknowledging the continued status of those individual sites already designated as Heritage Conservation Areas, support the interpretation of Heritage Conservation Areas as cohesive areas or continuous designated streetscapes. EXECUTIVE SUMMARY In response to the September 9t", 2019 public hearing and in acknowledgement of direction from Common Council, staff has prepared information on spot designation to present to Common Council on October 2111, 2019. A proposed framework for spot designation includes an evaluation matrix, a short-term process, and a long-term process. It introduces a two-step path for recognition as a heritage property: first as an individual Local Historic Place, and then potentially as part of a new or expanded Heritage Conservation Area in the future. It presents a reasonable middle ground to the concerns of staff and the Board and to the concerns of the public by providing recognition of heritage value to more properties in Saint John and potential access to financial incentives, all within the constraints of current resourcing. This is supported by both staff and the Heritage 1801.13 -2 - Development Board, who made their recommendation at a special meeting on October 9t", 2019. Should Common Council support this direction, all required changes to enable the framework will be incorporated for the second phase of Heritage By -Law amendments this winter. PREVIOUS RESOLUTION Common Council moved and passed 3rd reading of [HC -1] Saint John Heritage Conservation Areas By -Law at its September 23rd, 2019 meeting. STRATEGIC ALIGNMENT The proposed framework aligns with Common Council's 2016-2020 priorities to support a Vibrant, Safe City through the modernization of Heritage Conservation processes, as well as a Valued Service Delivery through customer -focused services and a culture of continuous improvement. REPORT Background Following the September 9t", 2019 public hearing for the revisions to the Saint John Heritage Conservation Areas By -Law, staff committed to return to the October 21St, 2019 meeting of Common Council with a report on the issue of spot designation. This report includes background on the issue, options on types of recognition for individual sites, and a proposed framework for these requests. The issue of spot designation arose in the winter of 2017 when an application was made for spot designation as a Heritage Conservation Area at 152 Watson Street on the lower west side. At that time, where the Heritage Development Board and staff were working through the revisions to the Heritage By -Law and where the delivery of a consultant's report on the Heritage By -Law and program was anticipated, the Board tabled the item. The consultant's report included recommendations on boundary revision of existing Heritage Conservation Areas, establishing a two-tier system of contributing and non-contributing buildings, and increasing the use of Local Historic Place and Provincial Heritage Place recognition. The City has, from 1990 to 2009, established five Heritage Conservation Areas that are spot designations: - Quinton Farmhouse, designated 1990 - Red Rose Tea Building, designated 1995 - Brookville/Torryburn, designated 2007 - Lancaster Avenue, designated 2009 - HMCS Brunswicker/Ordnance Building, designated 2009 (016.1 -3 - With the exception of the Quinton Farmhouse on Manawagonish Road, which was designated as part of an agreement to prevent its demolition through development, all properties have been designated at the request of the property owners. It should be noted that is not the intention of either staff or of the Heritage Development Board to remove designation on these properties going forward. In 2007, during the designation of Brookville/Torryburn, an area of two non -adjacent properties on Rothesay Road, the Chair of the Heritage Development Board remarked that there "does not appear to be clear process/criteria for heritage designation." Since the September 9t", 2019 public hearing, staff has worked to create a draft evaluation matrix and framework for spot designation of heritage properties. On October 9t", 2019, the Heritage Development Board held a special public meeting, with an open invitation to the members of Heritage Saint John and the general public, to make its recommendation to Common Council and to obtain feedback on the proposed framework. A copy of the staff report to the Heritage Development Board, which discusses in the framework in full, is an attachment to this report, and what follows is a high-level summary. Proposed Framework for Spot Designation The proposed framework for spot designation starts with the evaluation of the heritage value. In a city with over 6,000 buildings that are at least 70 years old, the age of a building cannot be the only criteria for designation. Best practice across North America for evaluating the heritage value of a building often includes the grading or scoring of a building using predetermined categories, which does include the age of a building, but also include architectural value, and historical and cultural associations. If a building scores well enough, it is determined to be worthy of recognition as a heritage place. Staff has developed a draft evaluation matrix, which would be used by a sub- committee of the Heritage Development Board to assess applications for spot designations. The precise category scores and overall benchmark score to recommend designation will be thoroughly tested against existing and potential heritage properties prior to finalizing the scoring. This will ensure that it is a fair and balanced evaluation system. At present, both staff and the Heritage Development Board are recommending to Common Council that properties evaluated through this matrix receive designation as a Local Historic Place [LHP], rather than as an individual Heritage Conservation Area. A full comparison of the two types of designation follows, but the use of the LHP designation for individual sites is preferred for the following reasons: - It provides the recognition of heritage value that property owners are seeking; Palo] IIS It can provide access to financial incentives, both municipal and provincial; and, There is a lower staff resourcing cost because LHPs do not require Heritage Permits, reports, inspections, monitoring, and enforcement. Most importantly, the designation of new LHPs would be used to help direct and inform the creation of new Heritage Conservation Areas. As done in Toronto, if a grouping of LHPs, new or existing, begins to emerge in a neighbourhood, it may suggest that the neighbourhood should be considered for designation as a Heritage Conservation Area. Request for designation as a Local) Mstoric Place is made by a property owner. Using the report, the property is scored by a subcornrniittee of the Heritage Development Board using the proposed evalluation rnatrN. Through a Resolluflon of Cornrnon Counciill, the property is designated as a Local) Mstoric Place. Wth: &dance of staff, property owner submi is report on the hJstory and arch tecturall vallue of the property. If the property scores well)) enough:, the Heritage Development Board recornrnends the property's designation as a Local) Mstoric Place to Counciill. New and exisfing Local) Mstoric Places are reviewed regullarlly to h:ellp identify potential) new Heritage Conservation Areas. Local Historic Places & Heritage Conservation Areas The New Brunswick Heritage Conservation Act [the Act] allows for more than one form of recognition for properties identified as having heritage value. The form most frequently used and most well known in Saint John is the Heritage Conservation Area. Despite the name, the Act allows an area to be a single property or building, but is more frequently collections of properties or buildings. The second form of recognition is the Local Historic Place, which is applied to single sites. It is important to note that either or both of these recognitions can be given to a property with heritage value, though they are different in how they are created and in what is required of each recognition. 211 -5 - Below is a chart briefly summarizing the similarities and differences between the two forms of recognition, which are discussed in depth after. Heritage Conservation Area A Heritage Conservation Area [HCA] can include, per the Act, "the municipality, a portion of the municipality, or a building or structure within the municipality." Currently, the City of Saint John has 10 HCAs; some are larger collections of properties, such as Trinity Royal or King Street East, and some are individual sites, such as the Red Rose Tea building or the Quinton Farmhouse on Manawagonish Road. Two others, Douglas Avenue and Brookville/Torryburn, can be categorized as a mix. Brookville/Torryburn is two, non -adjacent designated properties, and Douglas Avenue can be viewed as a collection of non - continuous individual designations. Designation as an HCA is registered on title for the property and requires compliance with the City's Heritage Conservation Areas By -Law. Designated property owners are obligated to obtain a Heritage Permit for exterior work they wish to perform, in addition to Building Permits and Development Permits as required. The proposed work is weighed against the requirements of the Heritage By -Law, which requires with limited exception appropriate work in traditional materials, and permits can be denied based on inappropriate materiality and/or appearance. Generally, this has resulted in a higher level of care toward properties and increased property values, though this is also enabled through the Heritage Grant Program, which incentivizes appropriate work. PAN -6 - Designated properties have a better chance of long-term conservation, but it is not guaranteed. Any future work while a property is designated is required to meet heritage standards, but a new owner could fail to maintain the property or could request removal of designation at any time. These requests have not yet been seen for a property in a cohesive area, such as Trinity Royal, with the recent removals in King Street West notwithstanding, but have come more frequently in a less cohesive area such as Douglas Avenue. Finally, the demolition provisions laid out in the Heritage By -Law cannot fully prevent the demolition of a designated building. Through the Heritage By -Law, the demolition of a property could be prevented through sale to a new owner, or the Heritage Development Board could deny the application if the building contributes to the heritage value of its area. A designated property could also be demolished through the Dangerous & Vacant Building Program, though this is very rare in HCAs. Both the creation of and removal of designation as an HCA requires a by-law amendment from Common Council. An amendment through the Heritage Conservation Act differs from an amendment through the Community Planning Act in two key ways: the first being that Public Notice advertisement through a local newspaper is still required, and the second being that the City cannot charge a fee for the amendment as it does with Zoning By -Law amendments. Without including the variable of translation costs, any amendment to the Heritage By -Law, whether it is the creation or removal of an HCA, or planned changes or unplanned changes, is a minimum $1100 expense exclusive of staff time for a program that does not currently charge fees for its standard applications. Local Historic Place A Local Historic Place [LHP] is enabled through the Act, and is created by Common Council with the consent of the property owner. When created, the property is listed on the New Brunswick Register of Historic Places and the Canadian Register of Historic Places. This provides the same heritage recognition that a Heritage Conservation Area provides, but, as will be discussed, does not require compliance with the heritage program. At present, there are 355 properties designated as LHPs in Saint John; 65 of these are properties outside of Heritage Conservation Areas, with most existing on the Central Peninsula. As mentioned, a property can be both a Local Historic Place and in a Heritage Conservation Area. The information that follows applies to any LHP that is not also a Heritage Conservation Area. Per the Act, "the designation of a local historic place does not affect the title of the property nor does it impose any restrictions or obligations on the owner of the property." This means that a property owner is not required to obtain a Heritage Permit, and they do not have to meet the requirements of materials Ph 91 and design in the Heritage By -Law. A property owner could certainly do appropriate work and meet the spirit of the By -Law should they wish, but has no obligation to do so. Similar to an HCA, a LHP is limited in its long-term protections. Again, the work or lack of work by a future owner, is entirely the choice of the owner, though where no Heritage Permits are required, appropriateness cannot be guaranteed. Demolition protections are less for an LHP than for an HCA where a demolition permit from the Heritage Development Board is not required, but again, there is no permanent protection from demolition. As mentioned, the creation of an LHP is through Common Council at the request or consent of the property owner, but is not a by-law amendment. To be removed from the register, it is again a request made through Common Council. Neither of these requests have a fee or a legislative procedure attached. Grants & Incentives The Heritage Grant Program is limited to those properties that are designated as Heritage Conservation Areas. This includes any Local Historic Places that are also Heritage Conservation Areas. Of the available grants through the program, the highest individual grant maximum is $7,500. Pending proposed sustainability measures, this maximum may be lowered to accommodate a lower overall budget, or the grant program may suspend operation if there is no budget allocated. Much of the public concern around spot designation that staff has heard has related to grants and incentives; that a property owner should be able to access municipal funds for restoring or appropriately maintaining a heritage home. Local Historic Places, including those in Heritage Conservation Areas, are eligible for provincial incentives by being on the NB Register of Historic Places. There are two incentives currently offered by the Province. The first is a short-term tax abatement program, which requires minimum construction costs of $100,000 or 20% of the pre -construction assessed value of the property, whichever is greater. It also requires compliance with the Heritage By -Law, if an HCA, and/or the Standards and Guidelines for the Conservation of Historic Places in Canada. The second is a grant offered to rehabilitation projects for community/not-for- profit organizations in heritage buildings, and reimburses portions of both the retention of professionals and capital expenses related to the conservation of the building. It is likely that the average LHP homeowner would not be able to take advantage of this provincial funding for routine maintenance or small renovation projects. While the Heritage Development Board has reservations, Staff could support the allocation of a portion of the Heritage Grant Budget to LHPs, dependent on annual budget levels. This is in response to a very clear desire for funding from ME those interested in spot designation and local advocates. While not yet formed, the policy would require these LHPs to meet the requirements of the Heritage Grant Program, using traditional materials and appropriate design, and may be limited to street -facing facades, similar to the Beautification Grant Program. The Heritage Development Board has recommended that LHPs not receive any municipal incentives, or that if they do, that those funds exist in a separate budget from the Heritage Grant Program. With recent discussions around sustainability measures, which has included the potential reduction or elimination of the incentives programs, staff would reiterate the benefit of designation as a LHP. While the provincial program requires a high investment by the property owner, it does provide an alternative source of funding for any LHP should the municipal incentive programs significantly decrease or cease operations. Discussion While designation as an individual Heritage Conservation Area provides some protections to a property, these protections are enhanced, amplified and strengthened when a property is part of a cohesive grouping of designated properties. These larger areas are more likely to see the collective benefits of heritage designation, such as increased property values, are less likely to suffer from negligence and lack of building maintenance, and are less likely to have properties demolished or removed from designation. As reconfirmed by the Heritage Development Board's recommendation from October 91h, 2019, the Board does not support the removal of designation for properties that are part of cohesive areas or continuous streetscapes, demonstrating the added importance of buildings designated in a cohesive area. Many of the points raised in Heritage Saint John's letter to Common Council of September 18th, 2019, are true for all designated properties, such as tourism, specialized jobs, pride of ownership and international recognition. However, some of those points have not been realized through existing individual Heritage Conservation Areas. None of the five individual HCAs has increased in size, nor has there been any expressed interest by neighbouring properties to become designated. The King Street West Heritage Conservation Area, which was just recently removed from designation, struggled to realise the goals that were hoped for in its creation: active building conservation, tourism, property values, expansion. Douglas Avenue, which is often viewed as a collection of spot designations, has also struggled and has had the most requests for removal of designation. Additionally, many of the properties that have been carefully maintained and show pride of ownership are not actually designated as part of the Heritage Conservation Area, which would suggest that it is the intent of the owner and not designation that is responsible for care of a building. PhR -9 - Rather than approach designation as a Heritage Conservation Area as the only option for heritage recognition, designation as a Local Historic Places can be used as a middle step toward designation as a Heritage Conservation Area. In other jurisdictions, such as Toronto, Ottawa and Halifax, individual properties are recognized in advance of and to inform the creation of new designated areas. This is largely due to a general trend of moving away from only having spot designations and recognizing the larger benefit of heritage areas (of which Saint John has been one of the earliest adopters and a national leader), but also because having different levels of recognition can provide for more appropriate and sensitive heritage conservation. As mentioned previously, the use of recognition as a Local Historic Place is intended as a middle step to designation as a Heritage Conservation Area, and this is reflected in the framework. It offers what staff and the Heritage Development Board believes to be reasonable middle ground for all interested parties. The concerns around resourcing that were initially expressed by staff in earlier reports would be largely addressed through adopting the standard use of Local Historic Place designation. Because Local Historic Places do not require Heritage Permits, and subsequently, reports to the Heritage Development Board, customer support, inspections, monitoring, and enforcement, the program can continue to function under a staff of one. If these individual properties were designated as Heritage Conservation Areas, resourcing in the heritage service area would be insufficient to support the new system. Because of the reduced administrative cost of Local Historic Place designation, it also begins to address the concern that there are many properties that have heritage value that have not been identified or recognized. This was an item raised by Heritage Saint John in its letter to Common Council and by members of the public who attended the October 9t", 2019 Heritage Development Board meeting. While LHP designation does not expressly resolve the concerns around protection for buildings, these could be addressed if an applicant were to also seek Provincial Heritage Place designation, or if a new Heritage Conservation Area were to be created in the future. This approach also does not address concerns around more substantial protections for unique and iconic buildings, which is an item that staff and the Heritage Development Board will continue to work toward resolving. With regard to the request for designation at 152 Watson Street, the property would be considered for recognition as a Local Historic Place using the proposed evaluation matrix. This would mean that the current staff recommendation to deny designation as a Heritage Conservation Area stands and, pending evaluation, that the property would be brought to Common Council with a recommendation to recognize by resolution its heritage value as a Local Historic Place. Staff will commit to having the matrix finalized, the evaluation carried out and the recommendation brought to Common Council by 3rd reading of the second phase of Heritage By -Law amendments. -10 - Conclusion What has been laid out in this report as a framework is a stepped, predictable process for property owners who are enthusiastic about heritage and are interested in designation. Most importantly, the lack of critical analysis around properties with potential heritage value has been addressed with an objective evaluation matrix. Designation as a Local Historic Place provides many of the same benefits that come from designation as a Heritage Conservation Area, such as recognition and appreciation of heritage value, and access to provincial and potentially municipal incentives, but without the obligations and enforcements that are legislated through the Heritage By -Law. Finally, the concerns initially expressed by staff around resourcing are largely addressed through this system. SERVICE AND FINANCIAL OUTCOMES The proposed framework would not require any new heritage permitting for property owners. If an incentive budget is approved for Local Historic Places, small incentives for appropriate conservation work would be made available to designated property owners outside of Heritage Conservation Areas as a portion of the Heritage Grant budget, dependent on funding. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Heritage Development Board, at a special public meeting on October 9th, 2019, made the following recommendations: That Common Council support the implementation of the proposed framework and evaluation matrix for consideration of individual sites of potential heritage value as Local Historic Places; and, That Common Council, acknowledging the continued status of those individual sites already designated as Heritage Conservation Areas, support the interpretation of Heritage Conservation Areas as cohesive areas or continuous designated streetscapes; and, That Common Council support the review by staff and by the Heritage Development Board of new and existing Local Historic Places for the identification and potential creation of new Heritage Conservation Areas and expansion of existing Heritage Conservation Areas; and, That, in keeping with past recommendations of the Heritage Development Board, Common Council not support the removal of designation for properties that are part of a continuous designated streetscape or a cohesive area, and, PAN -11 - That, should Local Historic Places receive financial incentives from the City of Saint John, that the money be allocated to a separate budget from the Heritage Grants. ATTACHMENTS Report to the Heritage Development Board — Spot Designation (October 9t", 2019) PAF -11 REPORT TO THE HERITAGE DEVELOPMENT BOARD SPOT DESIGNATION Date: October 9, 2019 To: Heritage Development Board From: Growth and Community Development Services Prepared by: Emma Sampson� r � Heritage Officer Approved b Amy Poffenroth P.Eng, MBA Deputy Commissioner SUBJECT As part of a commitment to provide Common Council with a full report on the subject of spot designation for heritage properties, inclusive of options for future by-law and policy direction, a new framework has been drafted. Staff will present this framework to Common Council on October 21st, 2019 as the preferred option. BACKGROUND What follows in this report is a proposed framework for the consideration of properties identified by the public or by the City as potentially possessing heritage value. This framework was developed through research of best practice across Canada and in consideration of available mechanisms in the New Brunswick Heritage Conservation Act. This includes the process of evaluating potential sites to determine heritage value, the short-term process from application to consideration by Common Council, and the long-term process as a part of the further development of the Heritage Conservation program. A key item to note in this framework is the proposal that requests for individual site designation initially be considered for recognition as Local Historic RC , Box 19711 C.R 1971 Saint John, NB Saint. John, N. -B, Canada E2L4Li Canada E2L4L1' SAINT JOHN Page 1 of 7 �.2"ohn.ca Spot Designation October 9, 2019 Places, joining the over 350 properties currently recognized as such in Saint John. Local Historic Places are not governed by municipal heritage legislation and have no registration on title, provided they are not within a municipal Heritage Conservation Area. As will be discussed later, this recognition is intended as a first step to potential full designation. DISCUSSION Evaluation of Properties One of the key issues identified by staff and by both current and former iterations of the Heritage Development Board is the lack of any standard form of critical analysis and evaluation for potential heritage sites. Age of a building and architectural merit are frequently cited as important factors and while they are significant, certainly from the public eye, heritage discourse has long since progressed to consider intangible factors, such as historical and cultural associations. This has been best exemplified in Harold Kalman's 1979 manual The Evaluation ofHistoric Buildings, published by Parks Canada. This manual, easily adaptable and customisable to a jurisdiction, has been used as the basis for heritage evaluation by the Federal Heritage Buildings Review Office, by a number of provinces, and by many cities and municipalities in Canada and the United States, including Vancouver and Halifax. Staff has drafted a numerical evaluation matrix with the following seven categories: Age of Building Historical Significance Significant/Unique Architectural Style OR Highly Representative of an Era Significance of Architect and/or Builder Architectural Merit Architectural Integrity Environment/Setting A full copy of this draft matrix is attached as Appendix A to this report. While maximum scores are currently given, these maximums, along with the as -yet undetermined benchmark score, will need to be rigorously tested to ensure that these values are fair and accurate. In establishing an evaluation matrix, a predictable process and outcome is created with a more objective approach. In using a categorised, numerical system with a defined benchmark, the evaluation is transparent and more easily understandable, particularly for those unfamiliar with heritage as a discipline. Short -Term Process Page 2 of 7 220 Spot Designation October 9, 2019 In creating a method of evaluating properties, the place of the evaluation in the overall process needs to be determined. What follows is the proposed process: - A property owner makes a request to be considered by the City as a Local Historic Place. This has no obligation to the Heritage By -Law or notice on title. - The property owner submits a research report on their property to staff and the Board. This report can be prepared by the property owner or by a third party. It is suggested that the report be formatted in keeping with the categories of the evaluation matrix. - A subcommittee of the Heritage Development Board reviews the report and completes the evaluation matrix, and returns to the Board with its results. - If positive, the Heritage Development Board makes its recommendation to Common Council. By resolution of Common Council, the property becomes a Local Historic Place. The choice of recognition as a Local Historic Place rather than a Heritage Conservation Area factors into the Long -Term Process, which will be discussed shortly. The decision to have the property owner responsible for providing the research report on their property was made to avoid what would likely be a substantial application fee were it the responsibility of the City. All applicants would be provided with resources and guidance on what information to include and where it can likely be found. The sub -committee of the Heritage Development Board is proposed as three or four members and should include at minimum a member of the Board who is an architect and the Heritage Officer. While the sub -committee could meet as it sees fit based on applications, it is recommended that the Heritage Development Board's recommendations to Common Council be taken on an annual or semi-annual basis, at a set date or dates, based on application uptake. Where a Local Historic Place does not require a by-law amendment, Common Council would only need to resolve the recognition of the property as a Local Historic Place. This would result in the property being listed on the New Brunswick Register of Historic Places, and would then make available to it any appropriate provincial incentives. From a municipal incentive perspective, staff would support, budget -dependent, the allocation of a portion of the heritage grant budget for Local Historic Places outside of Heritage Conservation Areas. Long -Term Process Similar to the approach used in Toronto, it is proposed that on a regular basis, staff and the Heritage Development Board review the map of new and existing Local Historic Places. This would serve two purposes: to identify any areas where the boundaries of existing Heritage Conservation Areas could be extended, and to identify any new groupings or densities of Local Historic Places that could suggest the potential of a new Heritage Conservation Area. This has a Page 3 of 7 221 Spot Designation October 9, 2019 few advantages, one being that it works with the view of the Heritage Development Board and of staff that full designation should be for cohesive areas and continuous streetscapes. The larger advantage relates to community buy -in. If there is a neighbourhood with a high density of Local Historic Places, those property owners are likely to be receptive to, or even desirous of, designation as a Heritage Conservation Area. Moreover, the new Area could potentially include properties that have gone unevaluated, intentionally or otherwise, or did not score high enough to merit individual recognition. RECOMMENDATION The Heritage Development Board recommends to Common Council: That Common Council, while acknowledging the continued status of those individual sites previously designated as Heritage Conservation Areas, support the Heritage Development Board's reconfirmed interpretation of Heritage Conservation Areas as areas of properties demonstrably representative of a cohesive collection of architectural, historical and/or cultural significance; and, That Common Council support the implementation of the proposed framework and evaluation matrix for consideration of individual sites of potential heritage value as Local Historic Places; and, That Common Council support the regular review by staff and by the Heritage Development Board of new and existing Local Historic Places for the identification and potential creation of new Heritage Conservation Areas and expansion of existing Heritage Conservation Areas; and, That, in keeping with past recommendations of the Heritage Development Board, Common Council not support the removal of designation for properties that are part of a continuous designated streetscape or a cohesive area. Page 4 of 7 222 Spot Designation October 9, 2019 Appendix A Heritage Property Evaluation Matrix — Working Draft A) Age of Building For the date of a building, one may take the beginning of construction. For buildings erected in stages, Date of Construction Points Timeline 25 20 15 10 5 2 the earliest building campaign from which a significant amount remains may be used to establish a date. For buildings that have been significantly altered in their massing from their original construction, the earliest date may be used if that construction is still the dominant form. B) Historical Significance — Relationship to Important Occasions, Institutions, Persons, or Groups Nationally Points Comments Intimately Related 16-20 Moderately Related 11-15 Loosely Related 6-10 Provincially Points Comments Intimately Related 11-15 Moderately Related 6-10 Loosely Related 1-5 Locally Points Comments Intimately Related 11-15 Moderately Related 6-10 Loosely Related 1-5 No relationship 0 C) Significant/Unique Architectural Style OR Highly Representative of an Era Importance Points Comments Highly significant/unique 16-20 or representative Moderately significant/unique or 11-15 representative Page 5 of 7 223 Spot Designation October 9, 2019 Somewhat Points Comments Nationally Significant significant/unique or 1-10 4-6 representative 1-3 Not Significant Not significant/unique or 4-6 Somewhat rare/early 0 representative 1-3 D) Significance of Architect and/or Builder Status Points Comments Nationally Significant 7-10 Provincially Significant 4-6 Locally Significant 1-3 Not Significant 0 E) Architectural Merit Construction Type refers to the method by which the structure was built, including building materials and techniques. Style refers to the form or appearance of the architecture. Construction Type Points Comments Very rare/early example 7-10 6-10 Moderately rare/early 1-5 Heavily altered example 4-6 Somewhat rare/early example 1-3 Common 0 Style Points Comments Very rare/early example 7-10 Moderately rare/early example 4-6 Somewhat rare/early example 1-3 Common 0 F) Architectural Integrity Architectural Integrity is based on the retention of original features, structures, or styles. It is not an evaluation of the building's condition. Original Features Points Comments Largely intact 11-15 Minorchanges 6-10 Major changes 1-5 Heavily altered 0 Page 6 of 7 224 Spot Designation October 9, 2019 G) Environment/Setting Environment/Setting is graded on the relationship to the surrounding area, in terms of setting, continuity and familiarity. Points Comments 8-10 The building serves as a landmark in the city and/or establishes the dominant character of the area. 4-7 The building is a familiar neighbourhood structure and/or maintains the dominant character of the area. 1-3 The building is a familiar neighbourhood structure and/or is compatible with the dominant character of the area. 0 The building is inconspicuous and/or is incompatible with the dominant character of the area. Category Maximum Possible Score Score Awarded A) Age 25 B) Historical Relationships 20 C) Architectural Style 20 B) Architect/Builder 10 C) Architectural Merit 20 D) Architectural Integrity 15 E) Environment 10 Total 120 Page 7 of 7 225 • u re L U I 0 hL.- U m m I& bD 3 O _N 0 O +-+ N � O O O F - a -J (f) 0 (31 U L •E L.L 0f1 •cn N •u +_+ 0- O N = f6 NO UO •cn E J o L `~ Ov O Q 4- E _0 c: O.O U a--+ ClA N� /�/••�� O 0 U � 4-7 }� > O M= N z 3 O Q • m w O N cv N z Q CL ,CLI 00 a Ln w O N cv N z Q z a, U U � O E = 2 O U O +_+ O cn O z>- N O z N O z U O z N •— J °i O 2 J o z a, O E +� Q J aJ E aJ = J �, Q _ O am E O 0 O co a> U > m a-' N O O ate-+ 'bD U m z C6 o O N w 'ClA �O a)_ v a1 t1A'' � � Q E wO +-jW Oai O �–+ E N a1 ca Q '� cn � _ ca •v > ca •— >, +-+ z 4 4— / 0 In k k & e � e U = > § R ƒ e E 2 ° ®� B _ _4- E e0 u 300 L k C M e ? � � } 4o 0 0 / \ ._ o o u CL > � C: G 3 Eo 2 E@•-- E � o = # o e -a5e = u & = > E.g'= / Cc: o 0 u ± e $ k / a) o ® a)0 CDo - L CL G $ $ / E E@#$3o ez§2/e 3 E t '§ § }kE£=e '- 0 f '= 2 $ & ƒ ? _ ua) t0. \' )/) t \ R .0 ) $ o / # 2 ®e > § = e R•/ $ / ( e oe o U z \ E E I � „ a w ire aCid l kl ul UD fD 4E3En 49 W (z t` C, M ID vi (D 0 C 73 C, C-) D 0 a a w UO Q) Q) U N z Q O N O U N IAFF Local 771 Saint John Firefighters Association PO Box 54 Saint John, NB E2L 3X1 Common Clerk, As stated in Article 26.01, the current collective agreement between the City of Saint John and the Saint John Firefighters Association expires on December 31, 2019. Therefore, IAFF Local 771 is requesting to enter into collective bargaining with the Employer for the purposes of negotiating a new collective agreement. Best regards, Joe Cormier Recording Secretary IAFF Local 771. P49YA W Saint JohnPolice i • SAMA IM P.O. Box 1025 (Main), 125 Rothesay Ave., Saint John, NO. Canada, E21. 4E3 October 15, 2019 Chief Bruce Connell Saint John Police force PO Box 1971 Saint John, NB E21.41 Chief Connell: RE: NOTICE TO BARGAIN Please accept this letter as a Notice to Bargain in accordance with Section 33 of the industrial Relations Act and Article 27 of the Working Agreement between the Saint John Police Board of Commissioners and the Saint John Police Association. The Saint John Police Association requests to arrange a meeting within 30 days to commence the collective bargaining process for the new or replacement Agreement. Thank you, David MacDonald Secretary, Saint John Police Association P4c1:3 MERC L r OCT 15 2019 October '12,, 2019 cf'ry OF SAIN11111" II JUT01- NMAYOR AND COUNC11.4 1" 'Y' 0f S A f N T J 0 pi N 115 M A F11 i,(,. E TS 0 U A R E, P. 0, B 0 X 19 71 II 'NJ f 0 F i N a N E \At B II3 U NS VV II C K, E 2 L 4 L'I ID E A R C p TY (") F �'i A f N T J () H N MA Y 0 R A N D C 0 U N C I d' P 11 I We are \A,,6N"rg you fo(J@iy to shar�e ii�m,ir concenins about ak twr-aVn vehc9 es (ATV's) ar''ildspiiJje-by - sudes Vaveflng at Ihgh spellads r)ri C�osy Lake Road, E4nt Johri. We d'mve 11.1,ounted as avow iny as 14 veNcles at one fine rLinming all inughl fong, otH'h hgh mvving engmes, w i.j true cfl'Vily predOfflhiat(,fly occum on weeiiei'wls. The nairrow resuder'itia� n),3d, wtflch Joe s riot h<;u'v is s�dewak has �011S Of 0Msts and turns. This rnz*es ft extreirneiy geirm.� s-' ft)r pedestrGains and vetikcf,es r)ecjot4Jng w4h,ATIV opeii'atoirs. Ole f'iav(°) \Minessed new, rnusses:l and ATV's or"i two W'ieew s, taklrig cor'ners. L-asSunday one of ow" two-year-o�ld ii rarid-da� ;ghters coi,Ad "i,ave been kifliedas she payed wfili'Din one of these vef'nces rounded corr'ia.Ir .and cut 4o cose to theavvin,, We have aRs�o wutnessed the A'T'V drNeir stan&)g p.wp whrle ii)pemfing heir in,!3cf wllnes. hi oil,r vllew, it Ills an accident %Atam finig to, happeir), whch wN(.)Ud have gi,ave coinseiqPwenes. AS YOU �'NE? aware:, ths Rs a ii�lly streiet, wNch makes H' flHegafor A TVs tai be 7,mveflhig on, Ovei, the past th'ee yeains we have wou ked co:3ey www th 01EHy vw�wu,ks clepartment to Hnd a SOUfion and are gratefifl for the work the �, fVy has w.Ilonipfetiqd Uo<.,,I?Jng ttue end of tho roao, operators have fu LHid a way arounii:J the bai'dic,:Rde arid vve befleewe ths pathvv�ay us, s'[JIN on 6ty piopedy,'We we 4), the lipaIMawSS cif 0Rocidng aH pr�,vate roads lea6tig DH Cosy LAIIA'e Roa d. but the one at ffie end of the road mfifl neeirl addifionaatten'tJoin ffie16tv N) 'I ths im.ue, 0910.1 We have also approad!led the Sant Johin Poke Fc)rclle tr) ireiqk,lllest assustaiince in the enforcernent of V -ie Modcir Vehc�e Ac!t and Me Off-Fload Eirvfolircerne!il A�,;.t on Cosy Lake Fload,, To date they ,uave Lileen ii.jiriiaUe to iile(tfy the assi,,e, Ths iis a huge safety clicinli:*rn N:)r the iirliesuder'As as we feeu fatahht as drriii-nhrrenl, whE,ther ut �s a resident or !'!Iri operator. I herig we tr4s adjacent to the Afirpoul Arteilia� HghwaylavakaNe for Use, bUt f0r'SO9Ulll.:` reason, 1fhe cuty ovvniiad road V Noaue attracthie. W x -e � ci e, fl-tle residents 0 sy Lake Road, have a fleot irecour,iir'ne�''iii'dal�uo�)!3 the (,"DillbiV can e,l pbir uEl!duic�e fliefi, fiabfitv oin ths &l':Iue, no"oi that oii,j have been ft�)iirmally Made !mzre c)f the risks, 1,, R611riforce the barrk.,,ade at the eii')d of the irclad whuere thii,l) AP/ oplairators Ilhave cireateld a riew path and/or 2, S(,�tiiup a spot check to cafi°N'i those operaflng Rbgafly aii �d SSILille Vie appirqplate fines Thank you foit yoi,ir firne, Milve forwaird to the re!s(Allliloin uof this serioi.us ii-iiiatter. S II N C E R E L li(,, Td dE R E, S d D E N' I S 0 C 0 S "Y' L j1% K E R 0 A 1D N/ /al I 7Z ellc' 6 7, hn Major Midget AAA Vito's On behalf of the Saint John Vito's Major Midget AAA Hockey Program, we would like to extend our appreciation for your generous support last year as a sponsor to our program. As a sponsor of the Vito's Hockey Team, you provided young individuals within our communities to learn how to better themselves in the great game of hockey, while helping them develop personally and professionally. Thank you for playing a key part to the ongoing success of our program. As we prepare for the 2019-2020 Season, I am reaching out to you for your consideration to continue your sponsorship in upcoming season. I have attached our 2019-2020 Sponsorship Package for your viewing and would like the opportunity to review the various levels of sponsorship with you. We are committed to maximizing the opportunity for each of sponsors in receiving increased exposure of your business through community involvement. Please let me know if you have some time to discuss over the upcoming week. I look forward to the opportunity to speak with you. 2019 / 2020 Saint John Vito's Major Midget Annual Sponsorship Program Platinum Sponsorship - $1,000 • Full Page Color Ad within our Season Program that will be sold at all Home Games • Recognized as a Platinum Sponsor on the Team Website • 6 Regular Season Passes ($540 Value) • 40 Regular Season Tickets ($200 Value) • Platinum Sponsors will be recognized 3 times each at each home game with Thank You to our Sponsor Announcements Gold Sponsorship - $500 • 1/2 Page Color Ad within our Season Program that will be sold at all Home Games Recognized as a Gold Sponsor on the Team Website • 4 Regular Season Passes ($360 Value) • 20 Regular Season Tickets ($100 Value) Silver Sponsorship - $250 • 1/2 Page Black & White Ad within our Season Program that will be sold at all Home Games Recognized as a Silver Sponsor on the Team Website • 10 Regular Season Tickets ($50 Value) Bronze Sponsorship - $100 • 1/4 Page Black & White Ad within our Season Program that will be sold at all Home Games • Recognized as a Bronze Sponsor on the Team Website Saint John Vito's Program Sponsorship Registration Form PzIi hn Major Midget AAA Vito's (Note: this is to be filled out for each sponsorship sold and provided to parent coordinator) Player Info: Player Name: Sponsor Info: Sponsorship Level Sponsor Business Name: Payment Collected: (Y/N) Sponsor Contact Name: Sponsor Email Address: Sponsor Phone Number: Image info Date: ❑ Platinum ❑ Gold ❑ Silver ❑ Bronze Sold: Pre-existing (Y/N) New (Y/N) wants if we do not already have one) Sponsorship Amount: (attach or send electronically To: Mayor and Council of the City of Saint John Re: Transit Litigation Your Worship and Council, Saint John Transit directly services the public but has no Customer Service Policy. Complaints of rampant abuse and discrimination have been dismissed and ignored for decades. Repeated refusals to comply with the Right to Information and Protection of Privacy Act warrant going to the next level for answers: Litigation, traditionally at the taxpayers' expense. Perhaps the Saint John Transit Commission does not realize that by failing to even acknowledge there is a problem, they become personally liable for the wrongdoing of the publically funded entity they are entrusted with. Those who cover up the crime are just as guilty as the perpetrator(s). Respectfully, Mary Ellen Carpenter 41 Crown St. #207 Saint John, NB. E21- OE2 (506) 899-0519 lz191 Recipients, Tickets and Event Information - NB Power of Humanity Date: Wednesday, November 6, 2019 Time: Reception: 6:00 p.m. Dinner: 6:45 p.m. .................................................................................................................................................................................................................................................................................................................................................................................................................... Tickets: Single ticket: $125 Table of 8: $1000 Location: Delta Marriott, Saint John, NB Dress: Business Attire Proceeds from the fundraising dinner support Canadian Red Cross disaster services and community programs throughout the province. For all other inquiries, please contact Cara Coes at (506) 674 - 6195 or cara.coes@redcross.ca Congratulations to our 2019 Recipients! The Canadian Red Cross Power of Humanity Awards Dinner honouring Humanitarian Award recipient Sandra Irving and Young Humanitarian Award recipient Mira Stephenson will be held at the Delta Marriott Saint John on Wednesday, November 6, 2019. QUE11 1013: [R'iFTi1 Ti FT 1 Sandra Irving was born in Saint John, New Brunswick. She received her Bachelor of Arts with Distinction from the University of New Brunswick and a Master of Arts in Political Science from the University of Toronto. A native of Rothesay, New Brunswick, Mira Stephenson is being honored for her dedication to volunteerism and community service and her commitment to bring about impactful change in the lives of youth in the greater Saint John area. 1 1. =M A I Lyi rom- PZ1 I lei From: Rhonda Peterson[mailto:davidandrhonda@gmail.com] Sent: October -17-19 9:42 AM To: External - CommonClerk Subject: Bus Service Dear Mayor Darling and City Councillors, I am writing to you today to express my deep concern about the possibility of cut backs to our bus service in Saint John. I am a supply teacher at Newcomer Connections/YMCA and many of our former refugee community depend on the bus service to get to the YMCA to attend English class. They also rely on the bus service to get around the city so they can buy their groceries and other needs. They often express their frustration with the lack of bus service, having to wait long periods of time to get around. In my opinion, if we are serious as a city about serving those who depend on our public transit service for transportation, then we should be looking at ways to increase our service, not decrease it. Perhaps if we invested in public transportation, like other cities in our country, we could also make a difference in our carbon footprint and daily commuters would be willing to leave their cars at home and travel by public transit. Instead of cutting our budget for our bus service, perhaps we could raise the price of public parking. I would appeal to you in your discussions to consider our growing population who desperately need this basic service in order to live in our city and be proud to call it home. Thank you, Rhonda Peterson October 21, 2019 Deputy Mayor and Councillors Subject: Economic Development Framework The Committee of the Whole, having met on October 21st, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole having met on October 2111, 2019 Council approves that the City contribute $70,000 through the Growth Reserve Fund towards the transition and implementation of an aligned economic development framework. Sincerely, Don Darling Mayor G* - 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 Q11�51 October 21, 2019 Deputy Mayor and Councillors Subject: Appointments to Committees: Sustainability Ad Hoc Committee of Council The Committee of the Whole, having met on October 21st, 2019, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on October 21, 2019 Common Council approves the following appointment: Sustainability Ad Hoc Committee of Council: to appoint Mayor Don Darling, Councillor David Merrithew and Councillor Donna Reardon until the end of their current terms on Council. Sincerely, Don Darling Mayor M11-"oll", SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca I CA 1971 Saint John, N. -B. Canada E2L 4L1 Pzf:1