2020-02-24_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, February 24, 2020
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 February 10, 2020 6-18
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Supply of Solid Waste Carts and Recycling Totes (Recommendation in Report) 19-21
5.2 36 St James Street - Incentive Program Amendment (Recommendation in 22-27
Report)
5.3
Easement No. 238 from Saint John Port Authority at Robertson Square for
28-35
Sewer Outfall (Recommendation in Report)
5.4
Easement No. 57 from Saint John Port Authority at St. John/Minnette Streets
36-43
(Recommendation in Report)
5.5
Easement No. 192 from Saint John Port Authority at Courtenay Bay for Sewer
44-51
Outfall (Recommendation in Report)
5.6
Easement No. 359 from Saint John Port Authority at Rodney Terminal
52-59
(Recommendation in Report)
5.7
Voluntary Separation Program Revised (Tabled February 10, 2020)
60-67
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(Recommendation: Remove from Table and Approve Recommendation)
5.8 Recommended Appointments to Committees (Tabled February 10, 2020)
68-69
(Recommendation: Remove from Table and Approve Recommendation)
5.9 Engineering Services — Sea Wall Refurbishement Coast Guard Location
70-73
(Recommendation in Report)
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
9.
Public Hearings - 6:30 p.m.
10.
Consideration of By-laws
10.1 Zoning By -Law Amendment - 95 Wentworth Street (3rd Reading with Section
74-77
59 Conditions)
10.2 Zoning By -Law Amendment - 819 Millidge Avenue with Staff Supplementary
78-85
Report (3rd Reading with Section 59 Conditions)
11.
Submissions by Council Members
11.1 Flyer Delivery Bylaw (Councillor Hickey) (Tabled February 10, 2020)
86-86
11.2 Ban on Single Use Plastics (Councillor Hickey) (Tabled February 10, 2020)
87-88
11.3 Code of Conduct (Mayor Darling)
89-89
12.
Business Matters - Municipal Officers
12.1 Continuous Improvement Initiatives Update
90-94
12.2 Sustainability Initiatives
12.2.1 Parks and Recreation Casual Workforce - Sustainability Item
95-101
12.2.2 Transportation & Environment Services (Works) Casual Workforce —
102-105
Sustainability Item
12.2.3 Permit and Development Approvals, New Fees - Sustainability Item
106-112
12.2.4 Fire Service Fee Recovery for Emergency Response —
113-116
Sustainability Item
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12.2.5 Asphalt Overlay Program - Sustainability Item
117-120
12.3 Summer 2020 Sports Field, Arena Floor, and Tennis Rates
121 -140
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 Ticket Purchase Request - Loch Lomond Villa Foundation Fundraising Dinner
141-142
and Auction (Recommendation: Refer to Clerk to purchase tickets for
Interested Council Members)
15.2 Ticket Purchase Request - World Kidney Day Breakfast (Recommendation:
143-143
Refer to Clerk to purchase tickets for Interested Council members)
15.3 Imperial Theatre re: Removal from Regional Facilities Commission
144-155
(Recommendation: Refer to City Manager for Sustainability Considerations)
15.4 Port City Pirates Baseball Association Inc. (Recommendation: Receive for
156-160
Information)
15.5 COPE: Formal Complaint per Bylaw Number L.G.-5
161 - 198
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Saint John Energy Non -Disclosure Agreement
199-206
17.2 Settlement of Grievances - CUPE Local 486
207-208
18.
Adjournment
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City of Saint John
Common Council Meeting
Monday, February 24, 2020
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 Financial Matter 68(1)(c)
1.3 Legal Matter 68(1)(f)
1.4 Legal Matter 68(1)(b,f,g,j)
Ville de Saint John
Seance du conseil communal
Lundi 24 f6vrier 2020
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 duproces-verbal 68(1)
1.2 Question financiere 68(1)c)
1.3 Question juridique 68(1)f)
1.4 Question juridique 68(1)b;f;g;j)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal du 10 fevrier 2020
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Fourniture de chariots a d6chets solides et de bacs de recyclage
(recommandation figurant au rapport)
5.2 36, rue St. James Modification du programme d'incitation
(recommandation figurant au rapport)
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5.3 Servitude n° 238 de 1'Administration portuaire de Saint John a
Robertson Square pour 1'6vacuation des eaux us&es (recommandation
figurant au rapport)
5.4 Servitude n° 57 de 1'Administration portuaire de Saint John a Tangle des
rues St. John et Minnette (recommandation figurant au rapport)
5.5 Servitude n° 192 de 1'Autorit6 portuaire de Saint John a la baie
de Courtenay pour 1' evacuation des eaux usees (recommandation figurant
au rapport)
5.6 Servitude n° 359 de 1'Administration portuaire de Saint John au
terminal Rodney (recommandation figurant au rapport)
5.7 Programme de depart volontaire revise (depose le 10 f&vrier 2020)
(recommandation : le retirer de la liste et approuver la recommandation)
5.8 Nominations recommand&es aux comites (depose le 10 fevrier 2020)
(recommandation : le retirer de la liste et approuver la recommandation)
5.9 Services d'ing&nierie Remise en &tat du rempart du cordon littoral —
Emplacement des gardes-cotes (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
9. Audiences publiques —18 It 30
10. Etude des arret6s municipaux
10.1 Modification au reglement de zonage 95, rue Wentworth
(troisi&me lecture comprenant les conditions de Particle 59)
10.2 Modification au reglement de zonage 819, avenue Millidge, avec
pr&sentation du rapport compl&mentaire sur le personnel (troisieme lecture
comprenant les conditions de Particle 59)
11. Interventions des membres du conseil
11.1 Reglement sur la distribution de prospectus (conseiller Hickey) (d&pos& le
10 f&vrier 2020)
11.2 Interdiction des plastiques a usage unique (conseiller Hickey) (d&pos& le
10 f&vrier 2020)
11.3 Code de conduite (maire Darling)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Mise a jour des initiatives d'am&lioration continue
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12.2 Initiatives de durabilite
12.2.1 Personnel occasionnel des pares et loisirs Point sur la durabilite
12.2.2 Personnel occasionnel des services de transport et d'environnement
Point sur la durabilite
12.2.3 Permis et autorisations de developpement, nouveaux frais Point
sur la durabilite
12.2.4 Recouvrement des frais des services d'incendie pour les
interventions d'urgence Point sur la durabilite
12.2.5 Programme de revetement d' asphalte - Point sur la durabilite
12.3 Tarifs des terrains de sport, de reservations d' arenas et de terrains de
tennis pour 1'6t6 2020
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau
15. Correspondance g6n6rale
15.1 Demande d'achat de billets Souper de collecte de fonds de la fondation
Loch Lomond Villa et vente aux encheres (recommandation : consulter le
greffier pour acheter des billets aux membres du Conseil qui le
souhaitent. )
15.2 Demande d'achat de billets Dejeuner de la Journee mondiale du rein
(recommandation : consulter le greffier pour acheter des billets aux
membres du Conseil qui le souhaitent.)
15.3 Theatre Imperial Objet : retrait de la Commission des installations
regionales (recommandation : consulter le directeur municipal pour les
questions de durabilite)
15.4 Port City Pirates Baseball Association Inc. (recommandation : accepter a
titre informatif)
15.5 Syndicat canadien de la fonction publique (SCFP) : Plainte officielle en
vertu de 1' arr&6 num6ro LG -5
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
17.1 Accord de non-divulgation de Saint John Energy
17.2 Reglement des griefs — Locale 486 du CUPE
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18. Levee de la seance
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
1► IILI[ 1111IF.=00411w_1:M► 1IIIisI1►[e
COMMON COUNCIL OF THE CITY OF SAINT JOHN
FEBRUARY 10, 2020 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 David Hickey
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
City Solicitor J. Nugent Q.C.
Fire Chief K. Clifford
Commissioner Growth & Community Development J. Hamilton
Commissioner Finance and Treasurer K. Fudge
Director of Strategic Affairs I. Fogan
Commissioner Transportation and Environment M. Hugenholtz
Commissioner Saint John Water B. McGovern
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
C.1
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 f6vrier 2020
1. Call to Order
2. Approval of Minutes
2.1 Minutes of January 27, 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the minutes of the meeting of Common Council held on January 27,
2020, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the agenda of this meeting be approved with the addition of items:
• 17.1 Voluntary Separation Program
• 17.2 Recommended Appointments to Committees
• The Clerk also distributed to Council Members additional comments received for
the Public Hearing item 9.3 (819 Millidge Avenue)
MOTION CARRIED.
4. Disclosures of Conflict of Interest
S. Consent Agenda
5.1 That the Letter from the Saint John Board of Police Commissioners re Board of
Police Commissioners 2020 Executive be received for information.
5.2 That the submitted report M&C 2020-043: Vacant Building Enforcement Case
Update — 530-532 Rothesay Avenue (Fundy Line Motel) (PID 303610), be received for
information.
5.3 That as recommended by the City Manager in the submitted report M&C 2020-
049: Traffic Paint Sole Source, notwithstanding the City's Procurement Policy, Common
Council authorize City staff to purchase Franklin Paint Company traffic paint for the
2020 construction season as a sole source procurement from Stinson Equipment Limited
at a cost of $91,505.82 plus HST.
5.4 That as recommended by the City Manager in the submitted report M&C 2020-
043: Proposed Public Hearing Date —191 Red Head Road and 90 Paradise Row, Common
Council schedule the public hearing for the rezoning applications of Sandor Toror (191
Red Head Road) and Saint John Energy (90 Paradise Row) for Monday April 6, 2020 at
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
6:30 p.m. in the Ludlow Room, and refer the applications to the Planning Advisory
Committee for a report and recommendation.
5.5 That as recommended by the City Manager in the submitted report entitled M&C
2020-051: City Market Lease with Gilliane Nadeau DBA Uncorked Tours, Common
Council approves the following:
1. That the City enter into a Lease for the premises as referred to and described in
Schedule "A" of the lease in the City Market with Gilliane Nadeau DBA Uncorked
Tours., under the terms and conditions as set out in the Lease submitted with M&C
2020-51.
2. That the Mayor and Common Clerk be authorized to execute any necessary
documents.
5.6 That the Mayor's Letter to Federal and Provincial Governments regarding
Council's support to Legislate the Elimination of Conversion Therapy be received for
information.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
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
7.1 Heritage Week— February 101h to 17th, 2020
The Mayor declared February 101h to 17th, 2020 as Heritage Week in the City of Saint
John.
8. Delegations/Presentations
9. Public Hearings 6:30 PM
9.1 251 Loch Lomond Road — Proposed Section 59 Amendment with Planning
Advisory Committee report recommending Amendment
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E:3
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed Section 59 Amendment amending the Section 59 conditions imposed on
the December 21, 2009, rezoning of the property located at 251 Loch Lomond Road,
also identified as PID Nos. 00313882 and 55099634, to permit a revised proposal to
increase the number of residents in the existing special care home, with no written
objections received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of planning staff's report considered at its January 21, 2020 meeting
at which the Committee recommended the amendment of the existing Section 59
conditions.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with Sandra Ferris, owner and operator of the Special Care Home
presenting.
Moved by Councillor Armstrong, seconded by Councillor Hickey:
RESOLVED that Common Council rescind the Section 39 (now Section 59) conditions
imposed on the December 21, 2009 rezoning of the property located at 251 Loch
Lomond Road, also identified as PID Numbers 00313882 and 55099634; and that
pursuant to Section 59 of the Community Planning Act, the development and use of the
parcel of land with an area of approximately 2,130 square metres located at 251 Loch
Lomond Road, also identified as PID Numbers 00313882 and 55099634, be subject to
the following condition:
a. The use of the property is restricted to a supportive facility for up to 14 residents
only.
IL IQI[Q0[GYM ilk] all1991
9.2 Proposed Zoning Bylaw Amendment - 95 Wentworth Street with Staff
Presentation and Planning Advisory Committee report Recommendation to
Approve (11' and 2nd Reading)
A staff report was presented by Planner A. Reid in favour of the proposal for a seven
storey, 83 -unit multi -residential development. The PAC recommendation also supports
the application.
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed zoning bylaw amendment for a parcel of land located at 95 Wentworth
Street to permit a multi -residential development, with written letters of objection and
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
support received. The Planning Advisory Committee recommended approval of the re-
zoning as set out in the submitted report, with Section 59 conditions.
The Mayor called for members of the public to speak against the rezoning with the
following presenting:
• Stephen Greek, Waterloo Street resident presenting; asking questions on
taxation, rent control, impact of building height blocking sunlight to existing
neighbours, water run-off.
The Mayor called for members of the public to speak in favour of the rezoning with the
following presenting:
• Alex Weaver Crawford, PAC Chair, Horsfield Street resident
• Percy Wilbur, Proponent, Millidgeville resident
• Patrick McCaffrey, Leinster Street resident
• Randy Hatfield, Princess Street resident, Director Human Resource Development
Centre
• Arthur Melanson, Wentworth Street resident
• Ian Stead, Seeley Street resident
• Steve Carson, Develop SJ
• Stephen Chase, resident
• Bob McVicar, Realtor, Orange Street resident
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", Amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 0.25 hectares, located at 95
Wentworth Street, also identified as being PID No. 55236541, from Neighbourhood
Community Facility (CFN) to High -Rise Residential (RH); and amending Schedule "G", the
Zoning By-law of The City of Saint John, by increasing the maximum building height of
PID No. 55236541 from 14 metres to 23 metres, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", Amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 0.25 hectares, located at 95
Wentworth Street, also identified as being PID No. 55236541, from Neighbourhood
Community Facility (CFN) to High -Rise Residential (RH); and amending Schedule "G", the
G1
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
Zoning By-law of The City of Saint John, by increasing the maximum building height of
PID No. 55236541 from 14 metres to 23 metres, 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."
IL [0000114L1:k]k]11191
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the meeting recess for a ten minute break from 8:00 p.m. to 8:10 p.m.
MOTION CARRIED.
9.3 Proposed Zoning Bylaw Amendment — 819 Millidge Avenue with Staff
Presentation and Planning Advisory Committee report recommending Denial of
Rezoning (15t and 2nd Reading)
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed zoning bylaw amendment for a parcel of land located at 819 Millidge
Avenue to allow for a multi -residential development, with written letters of objection
and support received. The Planning Advisory Committee recommended that the
rezoning application be denied.
The Commissioner of Growth and Community Development advised that staff are
recommending approval of the development to support density / intensification as it
meets the expectations of the Plan SJ Growth Strategy and the Municipal Plan. Referring
to the submitted PowerPoint entitled 819 Millidge Avenue Public Hearing Presentation
to Common Council February 10th, 2020, Planner K. Melanson outlined infill
development trends in Moncton and Halifax in support of the staff recommendation.
Mark O'Hearn outlined the application and the PAC hearing decision to reject the
Application. Neighbourhood compatibility, transportation and traffic, parking,
infrastructure and drainage, existing Zoning permissions were illustrated. The amended
staff recommendation follows:
1. Common Council rezone the property to Mid -Rise Residential (RM)
2. Common Council impose Section 59 conditions as follows:
• Daniel Avenue driveway used as an exit with right turns only;
• Trees and shrubs be required in front, flankage and side yards;
rd
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
• A landscape berm be installed along adjoining residential properties;
• Opaque material be used for the balconies between the 40 -unit
apartment building and adjoining properties on Hayward Court;
• The development and use of the parcel be in accordance with approved
detailed building elevation and site plans.
The Mayor called for members of the public to speak against the rezoning with the
following presenting:
Alex Weaver Crawford, Chair PAC, resident Horsfield Street, objecting to the height of
the development. Responding to question, the Chair commented that the development
rendering shown tonight was not presented to the PAC.
Graham Scott, Manners Sutton Road resident, commented on the mass of the building
in a mature single home area; a middle ground transition would be better suited to the
area. The required parking is understated in the proposal.
Paul Lunney, Tudor Lane resident, commented on the Municipal Plan targets.
Alternative areas are available - Sears Plaza, Indian Town. The proposal jumped out of
nowhere; there was no lead time. This is the first rendering of the development shown.
The reaction by the neighbourhood is demonstrative of the planning process. There is
backlash against the process.
Katherine Herrington, Kennebecasis Drive resident. Excessive mass of the development
is not consistent with the neighbourhood. The excessive mass is in the building height,
and the number of apartment units. Other areas are more conducive to development,
such as University Avenue. The proposed development does not fit with the established
characteristics of the older neighbourhood. Aggressive overbuilding is not in the spirit of
the community.
Peter Larsen, Highridge Road resident and property developer in Hayward Court
Millidgeville, objected to the height development in relation to its proximity to
neighbours. The density of the property, number of vehicles, building is too large for the
property; the development does not transition to the surroundings. There is an
oversupply of apartments in Millidgeville. Apartment buildings decline in value. Vacancy
rate for older apartments is low, because people prefer a newer facility.
VA
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
Hasell Kerr, Donaldson Street resident, stated there was a complete difference between
the Percy Wilbur development engagement process and the Dec 16th letter dropped in
mailboxes. Housing built on the old airport runway may be subject to flooding; there
was flooding in the past. The public open consultation meeting was held the day before
the PAC meeting. Voiced her objection to height of the building and the location.
Martha Garey, Daniel Avenue resident, chose Millidgeville for the family friendly
neighbourhood. The proposal to increase density and traffic will negatively impact home
values. Staff submitted a 2012 car count study which is not relevant in 2020. The
proposal is development that will compromise, not enhance the neighbourhood.
Chris Herrington, Millidge Avenue. The proposed development is too large for the site.
Development should comply with the character of the community. Since the PAC
meeting, Develop SJ contacted the residents. Citizens deserve respect and engagement
on the project.
Yuriy Klikinskiy, McCauley Avenue resident. Main concern is the safety of the children.
Daniel Avenue is a traffic route to the Schools, M.G. Teed, Samuel de Champlain. The
proposal is not as attractive, it will cause property devaluation.
Deborah McCormick, Ragged Point resident, takes issue with the process — it was lacking
engagement of the community. The procedure was vague. How will you accredit the
procedure? How does PAC function? Staff had a plan B. Do they always have a plan B?
Did city staff consult the residents? Lack of civic engagement, is the major problem. We
(citizens) are the key components. How much of the residential taxes do we pay in
Millidgeville compared to rest of the City? We endorse the PAC recommendation.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that in accordance with section 3.13 of the Procedural Bylaw the meeting be
extended beyond 10:00 p.m.
IL [0000114L1:k]k]11191
Steve Butler, Millidgeville Avenue resident. The development size is too big for the area.
Water issues - even with holding tanks. Traffic flow in the area. The development
should be downsized.
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
Shirkant Mehta, Bell Manor Drive resident. Size of the proposal is too large. The quiet
neighbourhood with low level lighting will look like a shopping mall. Aesthetics will be
affected. The Anchorage Project is not attractive; garbage bins, etc. Deny the proposal.
Let the developer, staff and the community get together. Call a meeting at the M.
Gerald Teed community centre to discuss.
Lena Biryukova, Bell Manor Drive. The developer is requesting a lower allowance. 55
units are permitted, 88 are proposed. Many of the houses in the area are built with
basements because of the hard rock. They will not withstand the blasting from the
development.
At 10:15 p.m. the Mayor called a brief recess for 5 minutes.
Natalia Biryukova, Bell Manor Drive. Two points were missed. The buildings are just
cubes. The construction will go from flat roof to a sloped roof with another variance.
The traffic from the apartment building will be 5-10 m from Hill Heights.
The Mayor called for members of the public to speak in favour of the rezoning with the
following presenting:
Charlie Bird, the proponent developer Sea -Bird 1201990 Ontario Limited and his
development team Stephen Brittain. The developer said the demand is strong for rental
units.
The City Manager advised that the public hearing ends with the presentation by the
public being heard.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the Procedural Bylaw be suspended to continue the meeting beyond
11:00 P.M.
MOTION CARRIED with Councillor Sullivan voting nay.
Also presenting in favour of the development:
Sandy Robertson, resident, supports the development.
Tim Jones, Ragged Point Road, supporting the development sends a strong message to
developers.
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COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
Claude MacKinnon, Woodward Avenue (Brentwood Towers) Resident, supports change,
supports tax base growth.
Brian Irving Develop SJ supported the developer through the application process.
Community Engagement - delivered flyers to the residents within 100 meters in
November. The development follows best practices observed from visiting other
growing communities: high-density development in Fredericton, Moncton,
Charlottetown, and Rothesay. The development at 819 Millidge Avenue checks all the
boxes: Site Location, Fits the Community, Servicing, Exemplary Design, Market Demand,
and Business Case.
Patricia Ellsworth, resident Carter Court, supports the development for opportunities for
new families to move to the neighbourhood.
Moved by Councillor Armstrong, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 7,818 square metres, located at
819 Millidge Avenue, also identified as being PID Numbers 55059828 and 00046615,
Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM), be read a first
time.
MOTION CARRIED with Councillor Sullivan voting nay.
Councillor Sullivan stated that due to the lack of community engagement the process
was flawed and that the development is too big for the location.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re-
zoning a parcel of land having an area of approximately 7,818 square metres, located at
819 Millidge Avenue, also identified as being PID Numbers 55059828 and 00046615,
Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM), be read a
second time.
10
15
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
MOTION CARRIED with Councillor Sullivan voting nay.
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 Bylaws
11. Submissions by Council Members
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the following items be tabled:
11.1 Flyer Delivery Bylaw (Councillor Hickey)
11.2 Ban on Single Use Plastics (Councillor Hickey)
17.1 Voluntary Separation Agreement
17.2 Appointments to Committees
IL 10000011GY1:k]k]11191
12. Business Matters - Municipal Officers
12.1 Continuous Improvement Initiatives Update
S. Rackley -Roach Director of Corporate Performance outlined the following continuous
improvement initiatives:
• The imposition of administrative penalties bylaw (Revenue to de determined)
• Contracted services (reduction of approx. $172,000)
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the Continuous Improvement Initiatives Update for Administrative
Penalties and Contracted Services be endorsed as an option to be considered in
addressing the entirety of the deficit in 2021 and 2022.
MOTION CARRIED.
12.2 Sustainability Initiatives Update
12.2.1 Asphalt Overlay—Sustainability Item
12.2.2 Recreation Rightsizing Facilities (Horse Stables) - Sustainability Item
The City Manager stated that in error the Sustainability Initiatives Update was submitted
as item 12.2; it was intended to be submitted as a Consent Agenda item. In October
feedback was provided to Council of 50+ ideas that staff would look at. This is a
11
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
housekeeping matter informing Council of certain ideas that will not be pursued in time
for the sustainability requirements of 2021. In some cases we are walking away, as
explained in the report, because on further analysis they don't make sense to do. In
other cases they will take more time, or are being incorporated in other projects and
initiatives. The recommendation is for Council to receive and file the submitted report
entitled M&C 2020-55: Sustainability Initiatives Update.
Moved by Councillor Reardon, seconded by Councillor MacKenzie:
RESOLVED that the submitted report M&C 2020-55: Sustainability Initiatives Update, be
received for information.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Ticket Purchase Request - NB Black History Society Achievement Awards Dinner
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the Ticket Purchase Request - NB Black History Society Achievement
Awards Dinner be referred to the Clerk to purchase tickets for interested Council
Members.
MOTION CARRIED.
15.2 Ticket Purchase Request - The Spirit of Ella Hathaway Award
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the Ticket Purchase Request - The Spirit of Ella Hathaway Award be
referred to the Common Clerk to purchase tickets for interested Council members.
MOTION CARRIED.
15.3 Ticket Purchase (Bundle) Request - Amazeatorium
Moved by Councillor Norton, seconded by Deputy Mayor McAlary:
RESOLVED that the Ticket Purchase (Bundle) Request - Amazeatorium be approved to
purchase a $300.00 bundle.
MOTION CARRIED with Councillor Sullivan voting nay.
12
17
COMMON COUNCIL/ CONSEIL COMMUNAL
February 10, 2020 / le 10 fevrier 2020
15.4 Sponsorship Request - Cystic Fibrosis Canada
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that that Council Members purchase tickets individually to the event.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Voluntary Separation Agreement (Tabled)
17.2 Appointments to Committees (Tabled)
18. Adjournment
Moved by Councillor Reardon, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on February 10, 2020 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 11:56 p.m.
13
iF:3
COUNCIL REPORT
M&C No.
2020-45
Report Date
February 4, 2020
Meeting Date
February 24, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2019-811001P -Supply of Solid Waste Carts and Recycling Totes
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tom McGrath
Michael Hugenholtz
John Collin
RECOMMENDATION
It is recommended that the proposal for the supply of Solid Waste Carts and Recycling
Totes be awarded as follows:
the Solid Waste Carts to Toter LLC in the amount of $51,340.00 and; the Recycling Totes to
Nova Product Division in the amount of $18,950.00.
Funds for the Solid Waste pilot of $80,000 were transferred to the General Capital
Reserve Fund in 2019 as per Council report M&C 2019-351 on December 16, 2019. It is
further recommended that those funds now be made available to fund purchases
related to this pilot project.
EXECUTIVE SUMMARY
The purpose of this report is to gain Councils approval for the supply and purchase of
the associated refuse carts and recycling totes for the implementation of the
Modernization of Solid Waste Collection Service. As part of the City's Sustainability
Initiatives, the Solid Waste Collection Service was identified as an area of interest. A
Request for Proposals (RFP) was issued on December 11, 2019 for the supply of the
refuse carts and recycling totes. The RFP was designed to allow bidding on one or both
commodities. The proposals submitted by Toter, LLC (Refuse Carts) and Nova Products
(Recycling Totes) ranked the highest based on the evaluation criteria by the team and
met all the requirements set forth in the RFP. The award of the supply agreement will
set pricing for both the pilot and complete implementation of the New Solid Waste
Model. However, as per the approval of the Finance Committee on October 23, 2019,
funds were approved to proceed with a pilot project related to approximately 1000
households. Information within the RFP reflected this, as well as reference to an
approximate 2 -year implementation window.
-2 -
PREVIOUS RESOLUTION
On October 7, 2019, it was resolved by Common Council to receive and file M&C 2019-
206: "Modernization of Solid Waste Collection Service" as it relates to "Sustainability:
Addressing the Deficit 2021-2022". In addition, on October 23, 2019, the City of Saint
John's Finance Committee approved funding for a pilot project which relates to servicing
approximately 1000 households.
REPORT
In an attempt to modernize the City of Saint John's current Solid Waste Collection
Service, a solution was presented to Common Council that will achieve the necessary
changes to realize a number of positive outcomes. The use of new automated collection
devices (Helping Hand) will serve to reduce workplace injuries and aid in a more
productive and efficient workforce. This new technology requires the utilization of a
standard refuse cart (180L) that will be issued to each qualified household. Citizens will
be limited to the amount of refuse that will fit into the cart (2 average size garbage
bags). In the event a Citizen's volume of refuse exceeds the cart capacity, they will have
the ability to purchase "Bag Tags". In addition to the cart system, a new service of
curbside recycling will be offered. This service will allow Citizens to place at the curb
two standard recycling totes (82L) that will be supplied by the City to each qualified
household. Citizens will be encouraged to appropriately sort their recycling material
into two totes (paper/cardboard and plastic/metal) and place them curbside for pickup.
These initiatives have been devised to reduce the physical burden on City Employees, as
well as, promote waste diversion and reduce the amount of solid waste going to the
landfill. These efforts will reduce existing tipping fees and add a new revenue stream, as
it relates to the sale of Bag Tags. More importantly, they will allow the City of Saint John
to take responsibility for our environmental footprint and help to reduce greenhouse
gasses.
Once there is a communication plan and schedule for the pilot, staff will draft another
report for Common Council outlining the selected communities and pilot details.
STRATEGIC ALIGNMENT
This initiative aligns with the City's strategic plan for valued service delivery, growth and
prosperity and fiscal responsibility. It also assists in addressing the City's Operational
Deficit as described in the report titled, "Sustainability: Addressing the Deficit 2021-
2022".
SERVICE AND FINANCIAL OUTCOMES
As stated in previous reports, the total households presently serviced by the City, in
reference to solid waste collection, is approximately 24,000. The award of these
proposals will relate to pricing for all required carts and recycling totes. Approval for
the purchase of pilot related quantities of carts and recycling totes has already been
K91
-3 -
approved through the Finance Committee. Based on the successful bids, the following
summarizes the approximate costs (carts & recycling totes) associated with the pilot and
the costs associated with complete cart and recycle tote implementation.
Related Costs
modity I supplie
(48 Gal) Refuse Can (2/3's assembled) Toter, LLC
internal costs assosiated with assembly)
Pilot
Total
Estimated
Quantity Cost Cost
1,000 $ 51.34 $ 51,340
Total Implementation
Total
Estimated
mntity Cost Cost
24,000 1 $ 51.34 1 $ 1,232,160
(21Gal) Recycling Tote (Green) Nova Prod. I I 1,000 $ 7.25 $ 7,250 I I 24,000 $ 7.25 $ 174,000
(21 Gal) Recycling Tote (Blue) No Prod. 1,000 $ 7.50 $ 7,500 24,000 $ 7.50 $ 180,000
(21 Gal) Recycling Tote Lid Nova Prod. 11000 $ 4.20 $ 4,200 24,000 $ 4.20 $ 100,800
included)
Total Pilot Cost: $ 70,290
Total Project Cost: $ 1,686,960
This RFP provides for fixed pricing on the purchase of the carts and totes required for City-wide
implementation of this new solid waste collection model assuming the pilot program is
successful and no changes to the carts or totes are recommended. Staff would recommend the
required additional purchases as more neighbourhoods are transitioned onto the new collection
model. At this point in time staff are recommending the purchase of the carts and totes to
support the pilot program only.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The RFP closed on January 16th, 2020 with five (5) responses. An evaluation teams
comprised of members of the Transportation and Evironment Services reviewed and
rated the proposals based on the following criterias:
1. Quality and Completeness
2. Specifications and Quality
3. Cost
The proposal submitted by Toter LLC as well as Nova Products Division ranked highest
based on the evaluation criteria and met all the requirements set fort in the RFP.
The City's Materials Management team managed the procurement process.
The above process is in accordance with the City's Procurement Policy and Materials
Management support the recommendation being put forth.
ATTACHMENTS
No attachments
21
COUNCIL REPORT
M&C No.
2020-64
Report Date
February 19, 2020
Meeting Date
March 09, 2020
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. 36 St. James Street — Incentive Program 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
Jody Kliffer
Jacqueline Hamilton
John Collin
Phil Ouellette
RECOMMENDATION
That Common Council amend the existing Urban Residential Development
Incentive Agreement with the applicant, Mike Cavanagh ("Mike Cavanagh
Homes, Inc."), by adopting the revised agreement as attached to this report.
EXECUTIVE SUMMARY
In 2018, Mike Cavanagh ("Mike Cavanagh Homes, Inc.") was approved for an
Urban Residential Development Incentive in support of the redevelopment of
the Salvation Army building located at 36 St. James Street. As a part of the
requirement of the Program, any successful applicant must obtain an Occupancy
Permit for the development prior to being eligible to receive the approved
incentives. Mr. Cavanagh has completed the redevelopment of 36 St. James
Street, with the exception of the provision of one accessible parking space which
he intends to develop in the spring once the weather is warm enough to install
asphalt. The proposed amendment to the Development Incentives Program
allows Mr. Cavanagh to gain access to a portion of the amount owed to him
upon completion of the project, while retaining some funds that will not be
released until the parking space has been provided.
WA
-2 -
PREVIOUS RESOLUTION
On March 21, 2016, Council adopted the Urban Development Incentive Policy, a
three-year pilot that contained a suite of grants including: vacant buildings, infill,
and upper floors residential grants, in addition to a beautification grant program
for the Central Peninsula.
STRATEGIC ALIGNMENT
Common Council adopted a set of Priorities for 2016-2020. Under "Growth &
Prosperity," goals include driving development in accordance with PlanSJ that
creates density required for efficient infrastructure and services.
REPORT
Mr. Cavanagh has successfully completed the redevelopment of the Salvation
Army building located at 36 St. James Street, with the exception of one
accessible parking space that remains outstanding. The space is proposed to be
located to the east of the development, approximately 20 metres from the main
entrance (see attached site plan). The City's Zoning By-law requires one
accessible space to be provided in a development that requires 25 off-street
parking spaces or fewer. This phase of the project to redevelop 36 St. James
Street consists of 20 residential units, which results in a minimum parking
requirement of 16 spaces for the site. One of those spaces must be a space
dedicated as accessible parking.
The applicant has indicated that he is planning to develop the accessible space as
required by the By-law, and as illustrated on the approved site plan, as soon as
the weather is warm enough to install asphalt and curbing. In the meantime,
however, the applicant has requested that the City payout the portions of the
approved Development Incentive Program that were specifically targeted to
"Construction Challenges" and the "Building Permit Rebate", which amount to
$50,000 and $10,000 respectively. The remaining funds that pertain to the base
incentive program, totaling $107,386, which are paid out over the course of a
five-year payback period, will be held until such a time as staff can confirm that
Mr. Cavanagh has provided the required accessible parking space.
SERVICE AND FINANCIAL OUTCOMES
Common Council, through adoption of the General Fund operating budget,
allocated $170,000 to the Urban Development Incentive Program for 2019.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Agreement amendment was reviewed by the Solicitor's Office for input.
W
ATTACHMENTS
Attachment 1— Revised Agreement
Attachment 2 —Approved Site Plan
0&1
-3 -
BY AND BETWEEN:
and
Mike Cavanagh Homes Inc. of the City of Saint
John, in the County of Saint John and Province of
New Brunswick a body corporate duly registered
under the laws of the Province of New Brunswick
(hereinafter called the "Developer")
OF THE FIRST PART
THE CITY OF SAINT JOHN, a body corporate by
Royal Charter, confirmed and amended by Acts of
the Legislature of the Province of New Brunswick
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS the Developer and the City entered into a Grant Agreement dated July 10, 2018
in respect of the property bearing PIDs 00001750, 00001743, 00001685, 00001677 and 00002394;
AND WHEREAS the parties wish to confirm their understanding in respect of the release of
payments to be made under the Residential Density Grant;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and
agree each with the other as follows:
As of the date hereof, the following element is still outstanding:
(a) The provision of one accessible parking space, as per the approved site plan, is required
(January 2020) (the "Outstanding Element°).
2. The Developer acknowledges that the first payment under the Residential Density Grant, due to
be delivered in July of 2020, and any subsequent payments if necessary, shall be delayed and
not be released by the City until such time as the Developer has completed the Outstanding
Element to the satisfaction of the City. Following completion of the Outstanding Element, the
withheld payments shall be released and any subsequent payments, if any, shall be released as
scheduled in accordance with the terms of the Grant Agreement.
This Agreement has been executed by the parties as of the day and year first above written.
Mike Cavanagh Homes Inc.
Per:
Mike Cavang , President
71V
The City of Saint John
Per:
Mayor
Per:
Common Clerk
Resolution Date:
BY AND BETWEEN: Mike Cavanagh Homes Inc. of the City of Saint
John, in the County of Saint John and Province of
New Brunswick a body corporate duly registered
under the laws of the Province of New Brunswick
(hereinafter called the "Developer")
OF THE FIRST PART
THE CITY OF SAINT JOHN, a body corporate by
Royal Charter, confirmed and amended by Acts of
the Legislature of the Province of New Brunswick
(hereinafter called the "City")
OF THE SECOND PART
WHEREAS the Developer and the City entered into a Grant Agreement dated July 10, 2018
in respect of the property bearing PIDs 00001750, 00001743, 00001685, 00001677 and 00002394;
AND WHEREAS the parties wish to confirm their understanding in respect of the release of
payments to be made under the Residential Density Grant;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and
agree each with the other as follows:
As of the date hereof, the following element is still outstanding:
(a) The provision of one accessible parking space, as per the approved site plan, is required
(January 2020) (the "Outstanding Element").
2. The Developer acknowledges that the first payment under the Residential Density Grant, due to
be delivered in July of 2020, and any subsequent payments if necessary, shall be delayed and
not be released by the City until such time as the Developer has completed the Outstanding
Element to the satisfaction of the City. Following completion of the Outstanding Element, the
withheld payments shall be released and any subsequent payments, if any, shall be released as
scheduled in accordance with the terms of the Grant Agreement.
This Agreement has been executed by the parties as of the day and year first above written.
Per:
Mike
Homes Inc. o The City of Saint John
Per:
Mayor
Per:
Common Clerk
Resolution Date:
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N
COUNCIL REPORT
M&C No.
2020-61
Report Date
February 18, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Easement No. 238 from Saint John Port Authority at Robertson
Square for Sewer Outfall
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
1. That The City of Saint John acquire from Saint John Port Authority, an
Easement (No. 238) for a sewer outfall through lands being PID #
55151534 upon the terms and conditions contained in the agreement,
attached to M&C 2020-61; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The City of Saint John has a number of lease agreements with the Saint John Port
Authority (SJPA) for the placement of various storm or sewer infrastructures or
right-of-ways on Port land. There are approximately 10 such leases that require
frequent hands-on administration responsibilities to ensure these leases are up
to date and that their annual fees are paid in full. Rather than a renewal of
lease, the SJPA has provided an easement document to the City to allow a sewer
outfall in and through a "water" lot, situated at the end of Main Street. The legal
document has essentially all of the same terms and conditions as the previous
lease but there will be no termination date, unlike the lease document. This new
agreement will provide a more efficient method to administer the land rights
between the City and SJPA. City staff has reviewed the document and are in
agreement with the terms and conditions.
K-11
-2 -
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Implement policies that maintain and protect the quality and integrity of the
City's infrastructure assets.
REPORT
The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a
variety of sub -surface infrastructure and surface right-of-ways which cross at
various locations under and along Port property. Easement No. 238 provides for
a sewer outfall in and through Port property in the City's North -End at the end of
Main Street. An agreement between the City and the SJPA for this outfall has
existed since 1980. Municipal Operations has stated the need to retain this
easement and therefore an ongoing agreement is necessary.
The lease agreement that exists with the SJPA is outdated and there is a
consensus with City staff to change this over to an easement document which
would better suit the needs of both parties by reducing staff time to administer
the agreement as there would be no renewal terms to consider. The proposed
easement is one of several that will be presented to Council to facilitate the
change from lease documents to easements. A similar document for another
easement with the Port was approved by Council in 2016. The City's Legal
Department has been provided a copy of the attached agreement for their input.
SERVICE AND FINANCIAL OUTCOMES
The continued administration of the proposed easement will require less staff
time to administer the legal document on a go forward basis. The current annual
fee for this easement is $325.00 with increases to be based on CPI.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff, including Municipal Operation has reviewed and endorse the attached
easement document.
ATTACHMENT
Easement document for Robertson Square.
Wel
EASEMENT
ROBERTSON SQUARE SEWER OUTFALL
Parcel Identifier of Parcel
Burdened by Easement: 55151534
THIS INDENTURE made as of this _ day of , 2020;
BY AND BETWEEN:
Saint John Port Authority
a Corporation duly incorporated pursuant to Letters
Patent dated May 1, 1999, issued under the Canada
Marine Act having its registered office at:
111 Water Street
Saint John NB E21- 0131
(hereinafter, the "grantor")
OF THE FIRST PART
-and-
The City of Saint John
a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the
Province of New Brunswick, having its City Hall at:
15 Market Square
Saint John, NB E21- 1 E8
(hereinafter, the "grantee")
WHEREAS:
OF THE SECOND PART
A. the grantor has agreed to provide to the grantee an easement upon the terms and
conditions hereinafter set out; and
B. the grantee has approved the acquisition of the herein described easement in a
resolution adopted at a meeting of the Common Council of The City of Saint John
held the _ day of , 2020;
NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants
and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each
party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties
hereby mutually covenant and agree as follows:
The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to
the grantee, its successors and assigns, the rights, licenses, liberties, privileges and
easements to the easement area (as defined in Schedule "A" attached hereto) the purposes
of laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing a sewer outfall and grantee shall have access to the
easement area at all times by its servants, employees, workers, agents and contractors
along with the necessary machinery, material, vehicles and equipment as same may be
required by the grantee, from time to time, from the date hereof and for so long thereafter as
the grantee desires to exercise the rights and privileges hereby given.
1. The grantor shall not, without the prior written consent of the grantee, wnicn consent
will not be unreasonably withheld, install, erect or permit to be installed or erected on
or under the easement area any foundation or other building or structure which
impairs the free and full use of the easement area for the purposes set out herein,
but otherwise the grantors shall have the right fully to use and enjoy the easement
area. Notwithstanding the foregoing, the grantor may not install, erect or permit to be
installed or erected on the portion of the easement area above the sewer outfall any
foundation or other building or structure. For certainty, this prohibition does not
extend to such foundations or other buildings, structures or installations, if any,
present on or under the easement area as of the date of this Indenture, including
replacement or repair of same, and the grantee hereby consents to the installation
and erection of such foundations, buildings, structures and installations.
2. The grantee will perform and observe the covenants and conditions on its part to be
performed and observed, shall and may peaceably hold and enjoy the rights,
liberties, privileges and easements hereby covenanted without hindrance,
molestation or interruption on the part of the grantor or of any person, firm or
corporation claiming by, through, under or in trust for the grantor.
3. The grantee will not cause any interference with the use of the lands, premises and
parcel(s) burdened by the easement including, without limitation, access, ingress,
egress and regress to and from the such lands, premises and parcel(s) by the
grantor and its directors, employees, agents, tenants, invitees and licensees.
4. The grantee shall comply with all laws, directions, rules and regulations of all
governmental authorities having jurisdiction and with all rules, directions and
restrictions relating to access, safety or security applicable on the lands, premises
and parcel(s) burdened by the easement as designated, updated, replaced or
supplemented by the grantee from time to time.
5. In the event the grantee should be required to excavate or carry out any other work
for the purpose of laying down, constructing, operating, maintaining, inspecting,
altering, removing, replacing, reconstructing or repairing the sewer outfall, the
grantee shall promptly restore as far as is practicable the area being excavated or
otherwise affected to that condition which it was in prior to the excavation or work.
6. The grantee shall at all times, at its expense, keep and maintain the sewer outfall in
a safe condition and good state of repair.
7. The grantee is responsible to maintain the chain link fence and rock surface in a safe
and reasonable manner.
8. The grantee will from time to time at its expense, repair any erosion or deterioration
of the lands, premises and parcel(s) burdened by the easement required by reason
of the laying down, constructing, operating, maintaining, inspecting, altering,
removing, replacing, reconstructing or repairing the sewer outfall.
9. On the date first written above and thereafter on the first day of January of each
calendar year for so long as this easement remains in effect the grantee will pay to
the grantor, at the address written above or as otherwise directed by the grantor from
time to time, $325.00 plus any applicable sales tax, harmonized sales tax, goods and
services tax, excise tax, value added tax and any other tax applicable thereto
payable. Commencing on January 1, 2020 and on January 1 for each calendar year
thereafter the amount payable as aforesaid shall be equal to the amount payable in
the previous calendar year as adjusted in proportion to the amount of change in the
average (January to December) Consumer Price Index for New Brunswick, All Items
(Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price
Index is no longer published or is not published for the relevant period or time, an
index published in substitution for such Consumer Price Index or for such relevant
period or time, or any comparable replacement index designated by the grantor,
acting reasonably ("CPI"), for such year and the previous calendar year. If any
calculation is required to be made under this Indenture based on the CPI as at a
particular date or for a particular period and the CPI for such date or period is not
without in any manner restricting or arrecting the generality of -.)eciion b nereot, n is
hereby expressly provided that if any structure or installation constructed or erected
by the grantee at any time (including, without limitation, prior to the date of this
Indenture) on or in the easement area be at any time destroyed or partially destroyed
and the grantee shall fail within the period of eighteen (18) months after such
destruction to rebuild the same at the grantee's own expense and in a manner
satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this
Indenture and all rights of the grantee hereunder on ninety (90) days prior written
notice to the grantee.
11. Notwithstanding anything else herein contained, the grantee shall have the option to
terminate this Indenture at any time, provided that it gives the grantor at least ninety
(90) days' prior written notice of its intention to exercise this right.
12. As of and from the date of this Indenture, the grantee hereby assigns and surrenders
to the grantor that certain agreement (as amended, restated, replaced,
supplemented, renewed or extended from time to time, including any overholding
thereunder, whether or not implied or permitted, the "prior lease") dated as of 1st day
of October, 1986, between the Canada Ports Corporation, as predecessor to the
grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor
those lands and premises (the "demised premise") on which the sewer outfall of the
grantee that is the subject matter of this Indenture is now located and the demised
premises to the grantor, to the intent that the unexpired residue of the term created
by the prior lease, and all estate and interest of the grantee in the demised premises
under or by virtue of the prior lease, may be merged and extinguished in the
reversion of the demised premises and the prior lease shall be cancelled, terminated
and surrendered with effect only from and after the date hereof.
13. As from the date of cancellation or termination of this Indenture (by reason of default
by the grantee or pursuant to any right of the grantor or grantee to cancel or
terminate this Indenture), this Indenture and all rights of the grantee hereunder shall
absolutely cease and determine without re-entry or any other act or suit or legal
proceedings to be brought or taken, and the grantee shall, upon such cancellation or
termination, deliver a surrender and termination of this Indenture in a form
acceptable to the grantor and immediately and at the grantee's own expense:
(a) remove from the easement area any and all such property as constructed,
erected, made, brought or placed thereon by the grantee (upon which
removal any property so removed shall vest in the grantee); or
(b) in the case of the sewer outfall, at the option of the grantee, stop up and
decommission the sewer outfall line in place in accordance with the best
practices then in effect in the City of Saint John and in accordance with
applicable law and promptly restore as far as is practicable the easement
area to as good order and condition as prevailed prior to the commencement
of the term of the prior lease and in the event of the failure of the grantee so
to do with reasonable expedition, in the grantor's sole discretion, the grantor
may effect such removal and restoration at the grantee's own risk and
expense. Notwithstanding anything to the contrary, the grantee shall not by
reason of any action taken or things performed or required under this Section
be entitled to any compensation, reimbursement or indemnity whatsoever.
14. Notwithstanding any other provision in this Indenture contained for cancellation or
termination hereof, it is agreed that if public purposes, which public purposes shall be
deemed to include any arising in connection with the administration by the grantor of
the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of
the grantor) or other public work concerned and also any arising in connection with
any project or operation of any other Federal authority or of any Provincial or
municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this
Indenture or the rights granted in favour of the grantee hereby in respect of all or any
portion of the easement area, the grantor may effect such cancellation upon ninety
(90) days' written notice to the grantee, in which event the grantor shall pay to the
grantee the relocation costs incurred by the grantee on or in that portion of the
arbitrators tnus appointed the tnira, ana it the grantee snap, aver two weeKs notice,
fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator
within two weeks from their own appointment, then in either of such cases the
foregoing provisions for arbitration shall be deemed void and the fair value as
aforesaid may be decided as a question of fact by the Federal Court (as defined in
the Canada Marine Act} upon reference of such question thereto by the grantor,
acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED
ALWAYS that nothing hereinbefore in this Section contained shall be construed as
extending to any fixture for which, prior to the date of this Indenture or the application
of this Section, consideration or compensation has already been received by any
person from Her Majesty in right of Canada, Her predecessors, or any servant or
agent (including the grantor) of Her Majesty or Her predecessors.
15. The grantee will indemnify and hold harmless the grantor and its directors,
employees, agents, tenants, invitees and licensees from and against any and all
claims, demands, actions, causes of action, costs, losses, liabilities, awards,
proceedings or expenses suffered or incurred by such party or is liable for by reason
of the acts or omissions of the grantee, its officers, employees and subcontractors
and others for whom in law the grantee is responsible resulting from or arising out of
the laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing of the sewer line outfall or otherwise in exercise
of the grantee's rights and obligations hereunder.
16. This easement is, and shall be of the same force and effect to all intents and
purposes as a covenant running with the land and these presents, including all the
covenants and conditions herein contained, shall extend to, be binding upon and
ensure to the benefit of the parties hereto, their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents to be duly
executed as of the day and year first above written.
SIGNED, SEALED AND DELIVERED Saint John Port Authority
in the presence of:
Per:
Name:
Title:
Per:
Name:
Title:
The City of Saint John
Per:
Name:
Title:
Per:
Name:
Title:
All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John,
in the County of Saint John, in the Province of New Brunswick, known and distinguished as that
parcel identified as Robertson Square Sewer Easement containing an area of sixty square
metres (60m2) (the "easement area") as shown upon the plan identified as H-03-030 dated
October 3, 1980, a copy of which is attached hereto.
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COUNCIL REPORT
M&C No.
2020-60
Report Date
February 18, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Easement No. 57 from Saint John Port Authority at St. John/Minnette
Streets
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
1. That The City of Saint John acquire from Saint John Port Authority, an
Easement (No. 57) for access purposes through lands being PID #
55151351 upon the terms and conditions contained in the agreement,
attached to M&C 2020-60; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The City of Saint John has a number of lease agreements with the Saint John Port
Authority (SJPA) for the placement of various storm or sewer infrastructures or
right-of-ways on Port land. There are approximately 10 such leases that require
frequent hands-on administration responsibilities to ensure these leases are up
to date and that their annual fees are paid in full. Rather than a renewal of
lease, the SJPA has provided an easement document to the City to allow access
by City vehicles over land that connects St. John Street and Minnette Street. This
access reduces wear and tear on City vehicles and provides efficiencies for
services rendered. The legal document has essentially all of the same terms and
conditions as the previous lease but there will be no termination date, unlike the
lease document. This new agreement will provide a more efficient method to
administer the land rights between the City and SJPA. City staff has reviewed the
document and are in agreement with the terms and conditions.
01.1
-2 -
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Implement policies that maintain and protect the quality and integrity of the
City's infrastructure assets.
REPORT
The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a
variety of sub -surface infrastructure and surface right-of-ways which cross at
various locations under and along Port property. Easement No. 57 provides
access through the Port land in West Saint John between St. John Street and
Minnette Street. An agreement between the City and the SJPA has existed since
the 1930's. Municipal Operations has stated the need to retain this access for
service efficiencies and therefore an ongoing agreement is necessary.
The lease agreement that exists with the SJPA is outdated and there is a
consensus with City staff to change this over to an easement document which
would better suit the needs of both parties by reducing staff time to administer
the agreement as there would be no renewal terms to consider. The proposed
easement is one of several that will be presented to Council to facilitate the
change from lease documents to easements. A similar document for another
easement with the Port was approved by Council in 2016. The City's Legal
Department has been provided a copy of the attached agreement for their input.
SERVICE AND FINANCIAL OUTCOMES
The continued administration of the proposed easement will require less staff
time to administer the legal document on a go forward basis. The current annual
fee for this easement is $335.00 with increases to be based on CPI.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff, including Municipal Operation has reviewed and endorse the attached
easement document.
ATTACHMENT
Easement document for St. John/Minnette Street.
Kul
EASEMENT
ST. JOHN STREET/ MINNETTE STREET
Parcel Identifier of Parcel
Burdened by Easement: 55151351
THIS INDENTURE made as of this ^ day of , 2020;
BY AND BETWEEN:
Saint John Port Authority
a Corporation duly incorporated pursuant to Letters
Patent dated May 1, 1999, issued under the Canada
Marine Act having its registered office at:
111 Water Street
Saint John NB E21- 0131
(hereinafter, the "grantor")
OF THE FIRST PART
-and-
The City of Saint John
a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the
Province of New Brunswick, having its City Hall at:
15 Market Square
Saint John, NB E21- 1 E8
(hereinafter, the "grantee")
WHEREAS:
OF THE SECOND PART
A. the grantor has agreed to provide to the grantee an easement upon the terms and
conditions hereinafter set out; and
B. the grantee has approved the acquisition of the herein described easement in a
resolution adopted at a meeting of the Common Council of The City of Saint John
held the _ day of , 2020;
NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants
and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each
party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties
hereby mutually covenant and agree as follows:
The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to
the grantee, its successors and assigns, the rights, licenses, liberties, privileges and
easements to the easement area (as defined in Schedule "A" attached hereto) the purposes
of access by City vehicles to the easement area at all times by its servants, employees,
workers, agents and contractors along with the necessary machinery, material, vehicles and
equipment as same may be required by the grantee, from time to time, from the date hereof
and for so long thereafter as the grantee desires to exercise the rights and privileges hereby
given.
The rights and privileges hereby given are subject to the following terms and conditions
which are mutually covenanted and agreed to between the parties hereto:
moiestation or interruption on the part or ine grantor or or any
corporation claiming by, through, under or in trust for the grantor.
2. The grantee will not cause any interference with the use of the lands, premises and
parcel(s) burdened by the easement including, without limitation, access, ingress,
egress and regress to and from the such lands, premises and parcel(s) by the
grantor and its directors, employees, agents, tenants, invitees and licensees.
3. The grantee shall comply with all laws, directions, rules and regulations of all
governmental authorities having jurisdiction and with all rules, directions and
restrictions relating to access, safety or security applicable on the lands, premises
and parcel(s) burdened by the easement as designated, updated, replaced or
supplemented by the grantee from time to time.
4. The grantee shall at all times, at its expense, keep and maintain the street(s) in a
safe condition and good state of repair.
5. The grantee will from time to time at its expense, repair any erosion or deterioration
of the lands, premises and parcel(s) burdened by the easement required by reason
of the laying down, constructing, operating, maintaining, inspecting, altering,
removing, replacing, reconstructing or repairing St. John Street or Minnette Street.
6. On the date first written above and thereafter on the first day of January of each
calendar year for so long as this easement remains in effect the grantee will pay to
the grantor, at the address written above or as otherwise directed by the grantor from
time to time, $335.00 plus any applicable sales tax, harmonized sales tax, goods and
services tax, excise tax, value added tax and any other tax applicable thereto
payable. Commencing on January 1, 2020 and on January 1 for each calendar year
thereafter the amount payable as aforesaid shall be equal to the amount payable in
the previous calendar year as adjusted in proportion to the amount of change in the
average (January to December) Consumer Price Index for New Brunswick, All Items
(Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price
Index is no longer published or is not published for the relevant period or time, an
index published in substitution for such Consumer Price Index or for such relevant
period or time, or any comparable replacement index designated by the grantor,
acting reasonably ("CPI"), for such year and the previous calendar year. If any
calculation is required to be made under this Indenture based on the CPI as at a
particular date or for a particular period and the CPI for such date or period is not
available as at the time such calculation is required to be made, the grantor, acting
reasonably, shall be entitled to estimate the CPI, for the purposes of such
calculation, subject to adjustment following the CPI, for the relevant date or period,
becoming available.
7. Notwithstanding anything else herein contained, the grantee shall have the option to
terminate this Indenture at any time, provided that it gives the grantor at least ninety
(90) days' prior written notice of its intention to exercise this right.
8. As of and from the date of this Indenture, the grantee hereby assigns and surrenders
to the grantor that certain agreement (as amended, restated, replaced,
supplemented, renewed or extended from time to time, including any overholding
thereunder, whether or not implied or permitted, the "prior lease") dated as of 15' day
of October, 2004 between the Saint John Port Authority, as predecessor to the
grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor
those lands and premises (the "demised premise") on which the street(s) of the
grantee that is the subject matter of this Indenture is now located and the demised
premises to the grantor, to the intent that the unexpired residue of the term created
by the prior lease, and all estate and interest of the grantee in the demised premises
under or by virtue of the prior lease, may be merged and extinguished in the
reversion of the demised premises and the prior lease shall be cancelled, terminated
and surrendered with effect only from and after the date hereof.
9. As from the date of cancellation or termination of this Indenture (by reason of default
by the grantee or pursuant to any right of the grantor or grantee to cancel or
a_..___..__a_ aL:_ 1_J—.tea....-1 al_:_ I—J—tea....— --J ..11 ....4.a.. wL a4... .....«a.... 4...............1........L-11
termination, deliver a surrender and termination OT Tills inaeniure in
acceptable to the grantor and immediately and at the grantee's own expense:
remove from the easement area any and all such property as constructed, erected,
made, brought or placed thereon by the grantee (upon which removal any property
so removed shall vest in the grantee); in accordance with the best practices then in
effect in the City of Saint John and in accordance with applicable law and promptly
restore as far as is practicable the easement area to as good order and condition as
prevailed prior to the commencement of the term of the prior lease and in the event
of the failure of the grantee so to do with reasonable expedition, in the grantor's sole
discretion, the grantor may effect such removal and restoration at the grantee's own
risk and expense. Notwithstanding anything to the contrary, the grantee shall not by
reason of any action taken or things performed or required under this Section be
entitled to any compensation, reimbursement or indemnity whatsoever.
10. Notwithstanding any other provision in this Indenture contained for cancellation or
termination hereof, it is agreed that if public purposes, which public purposes shall be
deemed to include any arising in connection with the administration by the grantor of
the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of
the grantor) or other public work concerned and also any arising in connection with
any project or operation of any other Federal authority or of any Provincial or
municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this
Indenture or the rights granted in favour of the grantee hereby in respect of all or any
portion of the easement area, the grantor may effect such cancellation upon ninety
(90) days' written notice to the grantee, in which event the grantor shall pay to the
grantee the relocation costs incurred by the grantee on or in that portion of the
easement area covered by such notice and still situate thereon at the time of the
giving of such notice, such relocation costs to be determined, in case of dispute, by a
single arbitrator, if the grantor and the grantee agree upon one, otherwise by three
arbitrators of whom the grantor shall appoint one, the grantee one, and the two
arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice,
fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator
within two weeks from their own appointment, then in either of such cases the
foregoing provisions for arbitration shall be deemed void and the fair value as
aforesaid may be decided as a question of fact by the Federal Court (as defined in
the Canada Marine Act} upon reference of such question thereto by the grantor,
acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED
ALWAYS that nothing hereinbefore in this Section contained shall be construed as
extending to any fixture for which, prior to the date of this Indenture or the application
of this Section, consideration or compensation has already been received by any
person from Her Majesty in right of Canada, Her predecessors, or any servant or
agent (including the grantor) of Her Majesty or Her predecessors.
11. The grantee will indemnify and hold harmless the grantor and its directors,
employees, agents, tenants, invitees and licensees from and against any and all
claims, demands, actions, causes of action, costs, losses, liabilities, awards,
proceedings or expenses suffered or incurred by such party or is liable for by reason
of the acts or omissions of the grantee, its officers, employees and subcontractors
and others for whom in law the grantee is responsible resulting from or arising out of
the laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing of the street(s) or otherwise in exercise of the
grantee's rights and obligations hereunder.
12. This easement is, and shall be of the same force and effect to all intents and
purposes as a covenant running with the land and these presents, including all the
covenants and conditions herein contained, shall extend to, be binding upon and
ensure to the benefit of the parties hereto, their respective successors and assigns.
IN WITNESS WHEREOF the partes nereto n2
executed as of the day and year first above written.
SIGNED, SEALED AND DELIVERED Saint John Port Authority
in the presence of:
Per:
_
Name:
Title:
Per:
Name:
Title:
The City of Saint John
Per:
Name:
Title:
Per:
Name:
Title:
All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint .john,
in the County of Saint John, in the Province of New Brunswick, known and distinguished as that
parcel identified as Roadway Easement & Right of Way St. John and Minette Streets containing
an area of five hundred and eighty-four square metres (584 m2) (the "easement area") as shown
upon the plan identified as B-05-0507 dated November 2, 2004, a copy of which is attached
hereto.
Ej EASEMENT AREA HATCHED +/- 584 m2
COUNCIL REPORT
M&C No.
2020-62
Report Date
February 18, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Easement No. 192 from Saint John Port Authority at Courtenay Bay
for Sewer Outfall
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
1. That The City of Saint John acquire from Saint John Port Authority, an
Easement (No. 192) for a sewer outfall through lands being PID #
55037758 upon the terms and conditions contained in the agreement,
attached to M&C 2020-62; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The City of Saint John has a number of lease agreements with the Saint John Port
Authority (SJPA) for the placement of various storm or sewer infrastructures or
right-of-ways on Port land. There are approximately 10 such leases that require
frequent hands-on administration responsibilities to ensure these leases are up
to date and that their annual fees are paid in full. Rather than a renewal of
lease, the SJPA has provided an easement document to the City to allow a sewer
outfall in and through a parcel, situated at the western end of the Courtenay Bay
Causeway. The legal document has essentially all of the same terms and
conditions as the previous lease but there will be no termination date, unlike the
lease document. This new agreement will provide a more efficient method to
administer the land rights between the City and SJPA. City staff has reviewed the
document and are in agreement with the terms and conditions.
!ElI
-2 -
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Implement policies that maintain and protect the quality and integrity of the
City's infrastructure assets.
REPORT
The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a
variety of sub -surface infrastructure and surface right-of-ways which cross at
various locations under and along Port property. Easement No. 192 provides for
a sewer outfall in and through Port property at the western end of Courtenay
Bay Causeway. An agreement between the City and the SJPA for this outfall has
existed since 1985. Municipal Operations has stated the need to retain this
easement and therefore an ongoing agreement is necessary.
The lease agreement that exists with the SJPA is outdated and there is a
consensus with City staff to change this over to an easement document which
would better suit the needs of both parties by reducing staff time to administer
the agreement as there would be no renewal terms to consider. The proposed
easement is one of several that will be presented to Council to facilitate the
change from lease documents to easements. A similar document for another
easement with the Port was approved by Council in 2016. The City's Legal
Department has been provided a copy of the attached agreement for their input.
SERVICE AND FINANCIAL OUTCOMES
The continued administration of the proposed easement will require less staff
time to administer the legal document on a go forward basis. The current annual
fee for this easement is $2,167.00 with increases to be based on CPI.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff, including Municipal Operation has reviewed and endorse the attached
easement document.
ATTACHMENT
Easement document for Courtenay Bay.
!1'7
EASEMENT
COURTENAY BAY 42 INCH SEWER LINE OUTFALL
Parcel Identifier of Parcel
Burdened by Easement: 55037758
THIS INDENTURE made as of this _ day of , 2020;
BY AND BETWEEN:
Saint John Port Authority
a Corporation duly incorporated pursuant to Letters
Patent dated May 1, 1999, issued under the Canada
Marine Act having its registered office at:
111 Water Street
Saint John NB E21- 0131
(hereinafter, the "grantor")
OF THE FIRST PART
-and-
The City of Saint John
a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the
Province of New Brunswick, having its City Hall at:
15 Market Square
Saint John, NB E21- 1 E8
(hereinafter, the "grantee")
WHEREAS:
OF THE SECOND PART
A. the grantor has agreed to provide to the grantee an easement upon the terms and
conditions hereinafter set out; and
B. the grantee has approved the acquisition of the herein described easement in a
resolution adopted at a meeting of the Common Council of The City of Saint John
held the _ day of , 2020;
NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants
and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each
party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties
hereby mutually covenant and agree as follows:
The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to
the grantee, its successors and assigns, the rights, licenses, liberties, privileges and
easements to the easement area (as defined in Schedule "A" attached hereto) the purposes
of laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing a sewer line outfall and grantee shall have access to
the easement area at all times by its servants, employees, workers, agents and contractors
along with the necessary machinery, material, vehicles and equipment as same may be
required by the grantee, from time to time, from the date hereof and for so long thereafter as
the grantee desires to exercise the rights and privileges hereby given.
The rights and privileges hereby given are subject to the following terms and conditions
which are mutually covenanted and agreed to between the parties hereto:
impairs the tree anal full use of the easement area for the purposes set out herein,
but otherwise the grantors shall have the right fully to use and enjoy the easement
area. Notwithstanding the foregoing, the grantor may not install, erect or permit to be
installed or erected on the portion of the easement area above the sewer line outfall
any foundation or other building or structure. For certainty, this prohibition does not
extend to such foundations or other buildings, structures or installations, if any,
present on or under the easement area as of the date of this Indenture, including
replacement or repair of same, and the grantee hereby consents to the installation
and erection of such foundations, buildings, structures and installations.
2. The grantee will perform and observe the covenants and conditions on its part to be
performed and observed, shall and may peaceably hold and enjoy the rights,
liberties, privileges and easements hereby covenanted without hindrance,
molestation or interruption on the part of the grantor or of any person, firm or
corporation claiming by, through, under or in trust for the grantor.
3. The grantee will not cause any interference with the use of the lands, premises and
parcel(s) burdened by the easement including, without limitation, access, ingress,
egress and regress to and from the such lands, premises and parcel(s) by the
grantor and its directors, employees, agents, tenants, invitees and licensees.
4. The grantee shall comply with all laws, directions, rules and regulations of all
governmental authorities having jurisdiction and with all rules, directions and
restrictions relating to access, safety or security applicable on the lands, premises
and parcel(s) burdened by the easement as designated, updated, replaced or
supplemented by the grantee from time to time.
5. In the event the grantee should be required to excavate or carry out any other work
for the purpose of laying down, constructing, operating, maintaining, inspecting,
altering, removing, replacing, reconstructing or repairing the sewer line outfall, the
grantee shall promptly restore as far as is practicable the area being excavated or
otherwise affected to that condition which it was in prior to the excavation or work.
6. The grantee shall at all times, at its expense, keep and maintain the sewer line outfall
in a safe condition and good state of repair.
7. The grantee will from time to time at its expense, repair any erosion or deterioration
of the lands, premises and parcel(s) burdened by the easement required by reason
of the laying down, constructing, operating, maintaining, inspecting, altering,
removing, replacing, reconstructing or repairing the sewer line outfall.
8. On the date first written above and thereafter on the first day of January of each
calendar year for so long as this easement remains in effect the grantee will pay to
the grantor, at the address written above or as otherwise directed by the grantor from
time to time, $2,167.00 plus any applicable sales tax, harmonized sales tax, goods
and services tax, excise tax, value added tax and any other tax applicable thereto
payable. Commencing on January 1, 2020 and on January 1 for each calendar year
thereafter the amount payable as aforesaid shall be equal to the amount payable in
the previous calendar year as adjusted in proportion to the amount of change in the
average (January to December) Consumer Price Index for New Brunswick, All Items
(Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price
Index is no longer published or is not published for the relevant period or time, an
index published in substitution for such Consumer Price Index or for such relevant
period or time, or any comparable replacement index designated by the grantor,
acting reasonably ("CPI"), for such year and the previous calendar year. If any
calculation is required to be made under this Indenture based on the CPI as at a
particular date or for a particular period and the CPI for such date or period is not
available as at the time such calculation is required to be made, the grantor, acting
reasonably, shall be entitled to estimate the CPI, for the purposes of such
calculation, subject to adjustment following the CPI, for the relevant date or period,
becoming available.
9. Without in any manner restricting or affecting the generality of Section 6 hereof, it is
aL_a U ____ _a_.._a_.__ _._ `__i_11_i:__
aestruction to repuna ine same ai the grantees own expense ana in a manner
satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this
Indenture and all rights of the grantee hereunder on ninety (90) days prior written
notice to the grantee.
10. Notwithstanding anything else herein contained, the grantee shall have the option to
terminate this Indenture at any time, provided that it gives the grantor at least ninety
(90) days' prior written notice of its intention to exercise this right.
11. As of and from the date of this Indenture, the grantee hereby assigns and surrenders
to the grantor that certain agreement (as amended, restated, replaced,
supplemented, renewed or extended from time to time, including any overholding
thereunder, whether or not implied or permitted, the "prior lease") dated as of 11, day
of January, 1985, between the Canada Ports Corporation, as predecessor to the
grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor
those lands and premises (the "demised premise") on which the sewer outfall of the
grantee that is the subject matter of this Indenture is now located and the demised
premises to the grantor, to the intent that the unexpired residue of the term created
by the prior lease, and all estate and interest of the grantee in the demised premises
under or by virtue of the prior lease, may be merged and extinguished in the
reversion of the demised premises and the prior lease shall be cancelled, terminated
and surrendered with effect only from and after the date hereof.
12. As from the date of cancellation or termination of this Indenture (by reason of default
by the grantee or pursuant to any right of the grantor or grantee to cancel or
terminate this Indenture), this Indenture and all rights of the grantee hereunder shall
absolutely cease and determine without re-entry or any other act or suit or legal
proceedings to be brought or taken, and the grantee shall, upon such cancellation or
termination, deliver a surrender and termination of this Indenture in a form
acceptable to the grantor and immediately and at the grantee's own expense:
(a) remove from the easement area any and all such property as constructed,
erected, made, brought or placed thereon by the grantee (upon which
removal any property so removed shall vest in the grantee); or
(b) in the case of the sewer line outfall, at the option of the grantee, stop up and
decommission the sewer line outfall in place in accordance with the best
practices then in effect in the City of Saint John and in accordance with
applicable law and promptly restore as far as is practicable the easement
area to as good order and condition as prevailed prior to the commencement
of the term of the prior lease and in the event of the failure of the grantee so
to do with reasonable expedition, in the grantor's sole discretion, the grantor
may effect such removal and restoration at the grantee's own risk and
expense. Notwithstanding anything to the contrary, the grantee shall not by
reason of any action taken or things performed or required under this Section
be entitled to any compensation, reimbursement or indemnity whatsoever.
13. Notwithstanding any other provision in this Indenture contained for cancellation or
termination hereof, it is agreed that if public purposes, which public purposes shall be
deemed to include any arising in connection with the administration by the grantor of
the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of
the grantor) or other public work concerned and also any arising in connection with
any project or operation of any other Federal authority or of any Provincial or
municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this
Indenture or the rights granted in favour of the grantee hereby in respect of all or any
portion of the easement area, the grantor may effect such cancellation upon ninety
(90) days' written notice to the grantee, in which event the grantor shall pay to the
grantee the relocation costs incurred by the grantee on or in that portion of the
easement area covered by such notice and still situate thereon at the time of the
giving of such notice, such relocation costs to be determined, in case of dispute, by a
single arbitrator, if the grantor and the grantee agree upon one, otherwise by three
arbitrators of whom the grantor shall appoint one, the grantee one, and the two
arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice,
the c;anaGa Marne Acrd upon reverence or sucn question inereto Dy ine grantor,
acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED
ALWAYS that nothing hereinbefore in this Section contained shall be construed as
extending to any fixture for which, prior to the date of this indenture or the application
of this Section, consideration or compensation has already been received by any
person from Her Majesty in right of Canada, Her predecessors, or any servant or
agent (including the grantor) of Her Majesty or Her predecessors.
14. The grantee will indemnify and hold harmless the grantor and its directors,
employees, agents, tenants, invitees and licensees from and against any and all
claims, demands, actions, causes of action, costs, losses, liabilities, awards,
proceedings or expenses suffered or incurred by such party or is liable for by reason
of the acts or omissions of the grantee, its officers, employees and subcontractors
and others for whom in law the grantee is responsible resulting from or arising out of
the laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing of the sewer line outfall or otherwise in exercise
of the grantee's rights and obligations hereunder.
15. This easement is, and shall be of the same force and effect to all intents and
purposes as a covenant running with the land and these presents, including all the
covenants and conditions herein contained, shall extend to, be binding upon and
ensure to the benefit of the parties hereto, their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents to be duly
executed as of the day and year first above written.
SIGNED, SEALED AND DELIVERED Saint John Port Authority
in the presence of:
Per:
Name:
Title:
Per:
Name:
Title:
The City of Saint John
Per:
Name:
Title:
Per:
Name:
Title:
All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John,
in the County of Saint John, in the Province of New Brunswick, known and distinguished as that
parcel identified as Courtenay Bay Sewer Outfall containing an area of five thousand one
hundred eighty four square metres {5,184 m2} (the "easement area") as shown upon the plan
identified as B-3-221 dated December 19, 1984, a copy of which is attached hereto.
MTO C/Tf� OF S�l�lOHN�f ��
:,P.oRTs_rdCfi�trR,v.4 Molcofw*r,
COUNCIL REPORT
M&C No.
2020-63
Report Date
February 18, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Easement No. 359 from Saint John Port Authority at Rodney Terminal
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Curtis Langille
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
1. That The City of Saint John acquire from Saint John Port Authority, an
Easement for a trunk sewer in lands being PID # 55151351 upon the
terms and conditions contained in the agreement, attached to M&C
2020-63; and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
The City of Saint John has a number of lease agreements with the Saint John Port
Authority (SJPA) for the placement of various storm or sewer infrastructures or
right-of-ways on Port land. There are approximately 10 such leases that require
frequent hands-on administration responsibilities to ensure these leases are up
to date and that their annual fees are paid in full. Rather than a lease renewal,
the SJPA has provided an easement document to the City for the Rodney
Terminal trunk sewer infrastructure. The legal document has essentially all of
the same terms and conditions as the previous lease but there will be no
termination date, unlike the lease document. This new agreement will provide a
more efficient method to administer the land rights between the City and SJPA.
City staff has reviewed the document and are in agreement with the terms and
conditions.
PREVIOUS RESOLUTION
N/A
61
-2 -
STRATEGIC ALIGNMENT
Implement policies that maintain and protect the quality and integrity of the
City's infrastructure assets.
REPORT
The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a
variety of sub -surface infrastructure and surface right-of-ways which cross at
various locations under and along Port property. Lease # 359 contains a trunk
sewer line that runs through the Port land in West Saint John from City Line to
Market Place. Municipal Operations has stated the need to retain this trunk
sewer line and therefore, an ongoing agreement is necessary.
The lease agreement that exists with the SJPA is outdated and there is a
consensus with City staff to change this over to an easement document which
would better suit the needs of both parties by reducing staff time to administer
the agreement as there would be no renewal terms to consider. The proposed
easement is one of several that will be presented to Council to facilitate the
change from lease documents to easements. A similar document for another
easement with the Port was approved by Council in 2016. The City's Legal
Department has been provided a copy of the attached agreement for their input.
SERVICE AND FINANCIAL OUTCOMES
The continued administration of the proposed easement will require less staff
time to administer the legal document on a go forward basis. This agreement is
unique in that the rent expected to be paid to the Port for the easement is
similar to that for the sewage charges required to be paid by the Port to the City.
These fees offset one another.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff, including Municipal Operation has reviewed and endorse the attached
easement document.
ATTACHMENTS
Easement document for Rodney Terminal Trunk Sewer.
6V
EASEMENT
Parcel Identifier of Parcel
Burdened by Easement: 55151351
THIS INDENTURE made as of this — day of , 2020;
BY AND BETWEEN:
Saint John Port Authority
a Corporation duly incorporated pursuant to Letters
Patent dated May 1, 1999, issued under the Canada
Marine Act having its registered office at:
111 Water Street
Saint John NB E21- 0131
(hereinafter, the "grantor")
OF THE FIRST PART
-and-
The City of Saint John
a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the
Province of New Brunswick, having its City Hall at:
15 Market Square
Saint John, NB E21- 1 E8
(hereinafter, the "grantee")
WHEREAS:
OF THE SECOND PART
A. the grantor has agreed to provide to the grantee an easement upon the terms and
conditions hereinafter set out; and
B. the grantee has approved the acquisition of the herein described easement in a
resolution adopted at a meeting of the Common Council of The City of Saint John
held the _ day of , 2020;
NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants
and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each
party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties
hereby mutually covenant and agree as follows:
The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to
the grantee, its successors and assigns, the rights, licenses, liberties, privileges and
easements to the easement area (as defined in Schedule "A" attached hereto) the purposes
of laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing a sewer trunk line and grantee shall have access to
the easement area at all times by its servants, employees, workers, agents and contractors
along with the necessary machinery, material, vehicles and equipment as same may be
required by the grantee, from time to time, from the date hereof and for so long thereafter as
the grantee desires to exercise the rights and privileges hereby given.
The rights and privileges hereby given are subject to the following terms and conditions
which are mutually covenanted and agreed to between the parties hereto:
1. The grantor shall not, without the prior written consent of the grantee, which consent
will not ho ijnraasnnahlu withhPlrf install Prart or nPrmit to he installed or erected on
area. Notwithstanding the toregoing, the grantor may not install, erect or permit to ue
installed or erected on the portion of the easement area above the sewer trunk line
any foundation or other building or structure. For certainty, this prohibition does not
extend to such foundations or other buildings, structures or installations, if any,
present on or under the easement area as of the date of this Indenture, including
replacement or repair of same, and the grantee hereby consents to the installation
and erection of such foundations, buildings, structures and installations.
2. The grantee will perform and observe the covenants and conditions on its part to be
performed and observed, shall and may peaceably hold and enjoy the rights,
liberties, privileges and easements hereby covenanted without hindrance,
molestation or interruption on the part of the grantor or of any person, firm or
corporation claiming by, through, under or in trust for the grantor.
3. The grantee will not cause any interference with the use of the lands, premises and
parcel(s) burdened by the easement including, without limitation, access, ingress,
egress and regress to and from the such lands, premises and parcel(s) by the
grantor and its directors, employees, agents, tenants, invitees and licensees.
4. The grantee shall comply with all laws, directions, rules and regulations of all
governmental authorities having jurisdiction and with all rules, directions and
restrictions relating to access, safety or security applicable on the lands, premises
and parcel(s) burdened by the easement as designated, updated, replaced or
supplemented by the grantee from time to time.
5. In the event the grantee should be required to excavate or carry out any other work
for the purpose of laying down, constructing, operating, maintaining, inspecting,
altering, removing, replacing, reconstructing or repairing the sewer trunk line, the
grantee shall promptly restore as far as is practicable the area being excavated or
otherwise affected to that condition which it was in prior to the excavation or work.
6. The grantee shall at all times, at its expense, keep and maintain the sewer trunk line
in a safe condition and good state of repair.
7. The grantee will from time to time at its expense, repair any erosion or deterioration
of the lands, premises and parcel(s) burdened by the easement required by reason
of the laying down, constructing, operating, maintaining, inspecting, altering,
removing, replacing, reconstructing or repairing the sewer trunk line.
8. On the date first written above and thereafter on the first day of January of each
calendar year for so long as this easement remains in effect the grantee will pay to
the grantor, at the address written above or as otherwise directed by the grantor from
time to time, the amount equal to sewage charges for the sewage discharged from:
the building known as the Canadian Enterprise Building, the building known as the
Saint John Port Corporation maintenance shed, the two buildings located on the
north and south sides of Shed 12, and the building known as Shed 8, containing a
total of 29 fixture units, plus any applicable sales tax, harmonized sales tax, goods
and services tax, excise tax, value added tax and any other tax applicable thereto
payable.
9. Without in any manner restricting or affecting the generality of Section 6 hereof, it is
hereby expressly provided that if any structure or installation constructed or erected
by the grantee at any time (including, without limitation, prior to the date of this
Indenture) on or in the easement area be at any time destroyed or partially destroyed
and the grantee shall fail within the period of eighteen (18) months after such
destruction to rebuild the same at the grantee's own expense and in a manner
satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this
Indenture and all rights of the grantee hereunder on ninety (90) days prior written
notice to the grantee.
10. At the request of the grantor and subject to mutual agreement by the grantee, the
grantee will relocate the sewer trunk line at the grantee's expense.
M5 ur anu rrurn We care ur rnis inuenture, rile grantee neruuy as5iyns anu burrenuuns
to the grantor that certain agreement (as amended, restated, replaced,
supplemented, renewed or extended from time to time, including any overholding
thereunder, whether or not implied or permitted, the "Prior lease") dated as of 215t
day of November, 1996, between the Saint John Port Corporation, as predecessor to
the grantor, and the grantee whereby the grantee did, inter alia, lease from the
grantor those lands and premises (the "demised premise") on which the sewer trunk
line of the grantee that is the subject matter of this Indenture is now located and the
demised premises to the grantor, to the intent that the unexpired residue of the term
created by the prior lease, and all estate and interest of the grantee in the demised
premises under or by virtue of the prior lease, may be merged and extinguished in
the reversion of the demised premises and the prior lease shall be cancelled,
terminated and surrendered with effect only from and after the date hereof.
13. As from the date of cancellation or termination of this Indenture (by reason of default
by the grantee or pursuant to any right of the grantor or grantee to cancel or
terminate this Indenture), this Indenture and all rights of the grantee hereunder shall
absolutely cease and determine without re-entry or any other act or suit or legal
proceedings to be brought or taken, and the grantee shall, upon such cancellation or
termination, deliver a surrender and termination of this Indenture in a form
acceptable to the grantor and immediately and at the grantee's own expense:
(a) remove from the easement area any and all such property as constructed,
erected, made, brought or placed thereon by the grantee (upon which
removal any property so removed shall vest in the grantee); or
(b) in the case of the sewer trunk line, at the option of the grantee, stop up and
decommission the stormwater trunk line in place in accordance with the best
practices then in effect in the City of Saint John and in accordance with
applicable law and promptly restore as far as is practicable the easement
area to as good order and condition as prevailed prior to the commencement
of the term of the prior lease and in the event of the failure of the grantee so
to do with reasonable expedition, in the grantor's sole discretion, the grantor
may effect such removal and restoration at the grantee's own risk and
expense. Notwithstanding anything to the contrary, the grantee shall not by
reason of any action taken or things performed or required under this Section
be entitled to any compensation, reimbursement or indemnity whatsoever.
14. Notwithstanding any other provision in this Indenture contained for cancellation or
termination hereof, it is agreed that if public purposes, which public purposes shall be
deemed to include any arising in connection with the administration by the grantor of
the Port of Saint John (as defined in the Canada Marine Actor the Letters Patent of
the grantor) or other public work concerned and also any arising in connection with
any project or operation of any other Federal authority or of any Provincial or
municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this
Indenture or the rights granted in favour of the grantee hereby in respect of all or any
portion of the easement area, the grantor may effect such cancellation upon ninety
(90) days' written notice to the grantee, in which event the grantor shall pay to the
grantee the relocation costs incurred by the grantee on or in that portion of the
easement area covered by such notice and still situate thereon at the time of the
giving of such notice, such relocation costs to be determined, in case of dispute, by a
single arbitrator, if the grantor and the grantee agree upon one, otherwise by three
arbitrators of whom the grantor shall appoint one, the grantee one, and the two
arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice,
fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator
within two weeks from their own appointment, then in either of such cases the
foregoing provisions for arbitration shall be deemed void and the fair value as
aforesaid may be decided as a question of fact by the Federal Court (as defined in
the Canada Marine Act) upon reference of such question thereto by the grantor,
acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED
ALWAYS that nothing hereinbefore in this Section contained shall be construed as
extending to any fixture for which, prior to the date of this Indenture or the application
of this Section, consideration or compensation has already been received by any
i ne grantee viii inaemnlTy ana nota narmiess ine grantor ana lis aireciors,
employees, agents, tenants, invitees and licensees from and against any and all
claims, demands, actions, causes of action, costs, losses, liabilities, awards,
proceedings or expenses suffered or incurred by such party or is liable for by reason
of the acts or omissions of the grantee, its officers, employees and subcontractors
and others for whom in law the grantee is responsible resulting from or arising out of
the laying down, constructing, operating, maintaining, inspecting, altering, removing,
replacing, reconstructing or repairing of the sewer trunk line or otherwise in exercise
of the grantee's rights and obligations hereunder.
16. This easement is, and shall be of the same force and effect to all intents and
purposes as a covenant running with the land and these presents, including all the
covenants and conditions herein contained, shall extend to, be binding upon and
ensure to the benefit of the parties hereto, their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents to be duly
executed as of the day and year first above written.
SIGNED, SEALED AND DELIVERED Saint John Port Authority
in the presence of:
Per:
Name:
Title:
Per:
Name:
Title:
The City of Saint John
Per:
Name:
Title:
Per:
Name:
Title:
All those certain lots, pieces or parcels of land situate, lying and being in the city of Saint John,
in the County of Saint John, in the Province of New Brunswick, known and distinguished as that
parcel identified as Rodney Terminal Sewer Trunk Line containing an area of four thousand four
hundred square metres (4400 m2) (the "easement area") as shown upon the plan identified as
G-07-516 dated July 31, 1997, a copy of which is attached hereto.
E>m>ep `B°
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VAN7. SHOP
PARCEL 'fi'
PARCEL 'A' - 3,160 Yq m
PLNCEL "8° — 473 sq rix
PARCEL 'C' — 175 sq.m
PARCEL "5' .— 435
Pd CEL .E' — lA .m
TOTAL — 4,385 sq.m
✓ u
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TERMINAL
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HUGHES SUk6STS k CCHSULTMTS
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2} EASEMENT ARRA APPROX. 4,403 QqM
TAPCE1,J) $" 3.0t AIDE FASND4
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Saint john Port Corporation
Ee1SEMI:IV'1' 359
COLLECTOR SEWER
LOWER RESP SIDE
` IPIan No.! G-07-516
COMMITTEE OF THE WHOLE REPORT
M&C No.
2020 54
Report Date
February 05, 2020
Meeting Date
February 10, 2020
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Voluntary Separation Program Revised
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(j) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and full report to be added to open session
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Leah Robichaud John Collin
RECOMMENDATION
It is recommended by the City Manager that Common Council adopt the revised
Human Resource Policy, "Voluntary Separation Program" including the criteria
and benefit formula herein.
EXECUTIVE SUMMARY
The Voluntary Separation Program has been proposed as one of many solutions
to address the pending deficit for 2021 and 2022. Further to the resolution on
January 13, 2020, the program has been communicated to
Management/Professional Staff and more recently to members of CUPE Local
486, Inside Workers. Minor housekeeping adjustments are needed to Appendix
A of the Policy to allow the City Manager to fully execute the Program.
PREVIOUS RESOLUTION
Council resolution of January 13, 2020:
RESOLVED that as recommended by the Committee of the Whole, having met on
January 13th 2020, Common Council adopt the submitted Human Resources
Policy, "Voluntary Separation Program" including the criteria and benefit formula
herein.
REPORT
The Voluntary Separation Program as presented on January 13, 2020 has been
offered to all City of Saint John Management/Professional Staff. Through
discussions and agreement with the union executive of CUPE Local 486, Inside
Workers have recently been invited to submit their applications for
consideration under the program.
Housekeeping amendments have been recommended to allow the Voluntary
Separation Program be applied to allow for recommendations arising from the
implementation of the Structural Review process and collective bargaining. The
amendments relate to the deadline presented and an increase in benefits for
those officers holding roles as outlined in Section 71 of the Local Government
Act at the City Manager's discretion.
STRATEGIC ALIGNMENT
The policy aligns with the City's Service Principles, primarily Sustainability, and
Responsible Service Delivery.
SERVICE AND FINANCIAL OUTCOMES
All applications accepted through the Voluntary Separation Program will be
eliminated from the Permanent FTE Establishment, or a position of equal salary
will be eliminated as a result. The City Manager has been authorized to draw up
to $2 million from the restructuring funds to facilitate early departures, these
amendments will no exceed this limit.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The City's Common Clerk has been consulted in the preparation of this report.
ATTACHMENTS
Appendix A: Voluntary Separation Program Policy
AI
City Of Saint John
VOLUNTARY SEPARATION
i.o STATEMENT OF PURPOSE
The City of Saint John must confront its financial challenges, both current operating and
structural deficits, in order to move forward to a sustainable and prosperous future. Given the
urgency of forecasted deficits for 2021 and 2022, it is prudent to take measures now to reduce
employment costs, which represent approximately 57% percent of budget.
Objectives
The objectives of this Policy Document are
• to optimally align workforce complement with attainment of Council's priorities: Economic
Health; Sustainable Infrastructure; and Community of Choice;
• to contribute to financially stable and sustainable municipal government by addressing
the budget deficit;
• to help create the conditions within which a strong, vibrant, growth -oriented community
can flourish;
• to adjust service levels strategically to minimize effects on public safety and quality of life
in our community, and;
• to enable workforce planning in order to meet future projected service demand.
2.0 SCOPE
1. The Voluntary Separation Program is offered by the City of Saint John solely in
accordance with the terms and conditions outlined herein. All eligible employees who
make application will be subject to the terms and conditions outlined at "Appendix A"
to this Policy Document.
2. The City of Saint John reserves the right to deny application of the Voluntary
Separation Program to any employee where operations or service could be unduly
affected.
3. Moreover, if the number of employees who wish to participate in the program
exceeds the number operationally warranted, the City of Saint John reserves the
right to deny the request.
1
62
3.o DEFINITIONS
Voluntary Separation Program
A Voluntary Separation Program is an incentive program designed to support organizational
downsizing and/or restructuring by offering employees a payment(s) to voluntarily terminate
their employment.
4.o ROLES AND RESPONSIBILITIES
City Manager
The City Manager determines 1) whether and applicant has satisfied the stipulated eligibility
criteria and standards and 2) whether to approve an applicant for termination of employment
under this Program.
Commissioner of Finance and Administrative Services
The Commissioner of Finance and Administrative Services provides financial input essential to
the design, structure, implementation, and evaluation of the Voluntary Separation Program.
Director of Human Resources
The Director of Human Resources is responsible for administration of the Voluntary Separation
Program across the organization, including providing quality assurance services and resolving
any issues that arise.
Senior Staff
Members of Senior Staff are responsible for evaluation of employee applications for
participation in the Voluntary Separation Program based on operational and service
requirements and for making the corresponding recommendations to the City Manager. Senior
Staff are also responsible for ensuring the elimination of an offsetting position of relative salary
within the Service Area where an employee's participation in the program is approved but the
employee's job is not.
5.o PROCEDURES
The Voluntary Separation Program will be offered only to eligible permanent employees. The
City may elicit interest from employees in voluntarily terminating their employment, but reserves
the right to accept or decline such participation based upon these clearly articulated
organizational requirements. Similarly, any and all such expressions of interest by employees
are without prejudice until the indicated date of withdrawal.
The City Manager, based on recommendations arising from organizational structure reviews,
and consultation with Senior Staff, will make decisions regarding eligibility. Organizational need,
customer service and/or internal service delivery, will shape the relevant determinations.
Accordingly, the Voluntary Separation Program will be of limited enrollment.
W
Every application accepted under the Voluntary Separation Program must result in the
elimination of that specific job or an offsetting position of equivalent value elsewhere in the
Establishment. A return on investment is expected.
Eligible employees shall voluntarily terminate their employment with the City of Saint John,
subject to the terms and conditions outlined at "Appendix A:" to this Policy Document.
6.o RELATED POLICIES AND PROCEDURES
The Voluntary Separation Program shall be administered in accordance with the provisions of
various Collective Agreements, Terms and Conditions of Employment for Management Staff,
and the Shared Risk Pension, as applicable.
The standards and procedures upon which the Voluntary Separation Program is structured are
included in:
Appendix A: 2020 Voluntary Separation Program
Appendix B: Voluntary separation Program: Letter of Application
3
64
Appendix
2020 VOLUNTARY SEPARATION
PROGRAM
i.o INTRODUCTION
The Voluntary Separation Program offered by the City of Saint John is as outlined herein.
z.o ELIGIBILITY AND STANDARDS
The Voluntary Separation Program is a voluntary termination program offered to
permanent eligible employees.
Applications for participation in the Voluntary Separation Program will be evaluated
against organizational need, including impact on operations, service delivery, end -run
sustainability and deficit reduction. Final determination shall be made in every case by
the City Manager on recommendation of the Service Area Commissioner and the
Director of Human Resources.
iii. Employees who have complete the Voluntary Separation Application Form prior to
January 13, 2020 will be eligible, as will any employees who wish to apply after January
13, 2020. Employees who indicated their intention to terminate their employment by
either retirement or resignation prior to January 13, 2020 and did not fill out the
Application Form will not be eligible to apply under the program.
iv. The Voluntary Separation Program is offered by the City of Saint John solely in
accordance with the terms and conditions outlined herein and does not form part of the
terms and conditions of employment for employees.
V. The City of Saint John reserves the right to refuse the application of this voluntary
program to any individual employee based on the criteria outlined herein. In
particular, if it may result in adverse affects to operations or service.
3.o APPLICATIONS
Eligible employees who wish to be considered for termination of their employment under
the Voluntary Separation Program are required to complete the Letter of Application and
return it to the Director of Human Resources.
The Letter of Application to be used to apply for the Voluntary Separation Program is
found at "Appendix B:" Voluntary Separation Program: Letter of Application.
iii. Applications submitted after February 28, 2020, will not be considered unless there is a
compelling business case approved by the City Manager.
4
65
4.o REVIEW
Each termination under this program must be reviewed and recommended by the
Commissioner, indicating that the consequences of acceptance of the application have
been fully identified, considered and approved on operational and service grounds.
Particular emphasis shall be placed on identifying the opportunity to permanently reduce
a position(s) and to therefore permanently reduce employment costs.
5.o BENEFITS
The 2020 Voluntary Separation Program will provide three (3) weeks of current base
salary for every completed year of continuous service to a maximum of six (6) months
salary.
a. At the discretion of the City Manager, the maximum may be increased to a
maximum of fourteen (14) months, for officers appointed under Section 71 of the
Local Governance Act, or for senior managers where there is an overwhelming
business case to increase the maximum beyond the standard 6 months salary.
Eligible Employees will be entitled to a payout at the current hourly rate for any
remaining vacation or floating holidays upon the termination date.
iii. Where applicable eligible Employees will be entitled to receive Retirement Pay as
prescribed by the Terms and Conditions of Employment not withstanding.
iv. Eligible Employees will not have the option to remain on the Group Benefit Plan unless
they are eligible and opt to receive their pension immediately upon termination.
V. All normal provisions of the Shared Risk Pension Plan continue to apply.
6.o SEPARATION DATE
Employees who accept the offer and voluntarily choose to terminate their employment, subject
to approval, must end their employment on or before September 30, 2020.
5
66
Appendix B
2020 Voluntary Separation Program
Letter of Application
Your completed Letter of Application must be received by Human Resources.
I , Employee #:
Holding the role of
Voluntary Separation Program.
hereby make application for the
By signing below, I understand I will be considered for a possible Voluntary Separation Payout
should it be determined that my position qualifies. If approved I will receive a payout equal to 3
weeks for every completed year of service, as of the termination date, to a maximum of 6
months.
Employee Signature
Received by Human Resources:
Date
Date
by
HR Representative
Approval is subject to all requirements of the Voluntary Separation Program being satisfied.
Approval signed on behalf of the City of Saint John
Commissioner
City Manager
Date
Date
N -A
Nominating Committee Meeting — February 7, 2020
Stn Floor Boardroom
Present: Mayor Don Darling
Councillor Blake Armstrong
Councillor David Hickey
Common Clerk, Jonathan Taylor
Administrative Officer, Richard Evans
Committee of the Whole Members,
Subject: Recommended Appointments to Committees
The Nominating Committee, having met on February 7, 2020, makes the following recommendations:
Develop SJ: to appoint Stephen Kopp for a 3 year term from February 10, 2020 to February 10, 2023;
Heritage Development Board: to appoint Adam Pottle for a 3 year term from February 10, 2020 to
February 10, 2023;
Lord Beaverbrook Rink: to appoint Mark Hughes for a 3 year term from February 10, 2020 to February
10, 2023;
Planning Advisory Committee: to appoint Peter Pappas for a 3 year term from February 10, 2020 to
February 10, 2023;
Rockwood Park Endowment Fund: to appoint Michael Harris for a 3 year term from February 10, 2020
to February 10, 2023;
Saint John Community Arts Board: to appoint Lea St. John for a 3 year term from February 10, 2020 to
February 10, 2023;
Saint John Energy: Notwithstanding the policy adopted by Common Council on October 29, 2012
regarding appointments to agencies, boards, and commissions, to appoint David Alston for a 3 year term
from February 10, 2020 to February 10, 2023 and reappoint both James Shaw and Shelley Courser for 3
year terms from March 13, 2020 to March 13, 2023 and March 25, 2020 to March 25, 2023 respectively.
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1
---- — I
Fort LaTour Development Authority: Notwithstanding the policy adopted by Common Council
on October 29, 2012 regarding appointments to agencies, boards, and commissions, to
reappoint Beth Kelly for a 3 year term from March 3, 2020 to March 3, 2023.
Sincerely,
Don Darling
Mayor and Chair of the Nominating Committee
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www„saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
C1'1
COUNCIL REPORT
M&C No.
2020-56
Report Date
February 14, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Engineering Services — Sea Wall Refurbishement Coast Guard
Location
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Samir Yammine
Kevin Fudge/lan Fagan
John Collin
RECOMMENDATION
It is recommended that the proposal submitted by Dillon Consulting Limited, for
Engineering Services for the Seawall Refurbishement project at the Coast Guard
Location, in the amount of $450,989.00 plus HST (including a contingency
allowance in the amount of $40,999.00), be accepted. Additionally, it is
recommended that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
EXECUTIVE SUMMARY
The purpose of this report is to seek Council's approval to award the Engineering
Services of the Sea Wall Refurbishement, to Dillon Consulting Limited.
PREVIOUS RESOLUTION
On October 21, 2019, Common Council (M&C 2019-266) approved the Grant
Agreement with Her Majesty the Queen in Right of Canada, as represented by
the Minister of the Inftrstructure and Communities Canada under the Disaster
Mitigation and Adaptation Fund (DMAF) for Saint John Flood Mitigation Strategy.
The Mitigation Strategy Project includes the following initiatives : Sea Wall
Refurbishement, Raise or Replace Pumping Stations and Relocate the Electrical
Substations.
-2 -
REPORT
The City of Saint John has received financial support from Infrastructure Canada
under the Disaster Mitigation Adaptation Fund (DMAF) to mitigate the risk and
increase resilience of the Seawall at the coast guard location as a result of sea
level rise and storm surge. The scope of work for the project will include the
refurbishment and raising of the seawallstructure to ensure the continued use of
this prime property in the cultural and economic fabric of the City of Saint John.
In the past several years, there have been several studies and assessments
conducted on the Seawall to develop a remediation action plan, and to better
understand the necessary project scope and cost estimates to reinforce and raise
the structure to accomodate future commercial and residential development on
the Fundy Quay, including public space.
The consultaing firm will work closely with City staff and the Fundy Quay
Developments Inc. to perform the following scope of work:
➢ Phase A: Environmental Assessment
➢ Phase B: Engineering and Climate Change Evaluation
➢ Phase C: Concept Design
➢ Phase D: Detailed Design and Tender Documents
➢ Phase E: Contract Management, Site Inspection, Testing, etc.
➢ Phase F: Construction Management
The Seawall Refurbishement project demonstrates the City's commitment to the
development of the Fundy Quay and is an early milestone in the preparation of
the site for the acquisition and future development by Fundy Quay
Developments Inc.
STRATEGIC ALIGNMENT
The Seawall Refurbishemnet Project is clearly aligned with the following City
plans, policies, Council Priorities, programs and practices:
1- City of Saint John Asset Management Policy to consider the effects of climate
change on any existing infrastructure renewal.
2- Plan SJ and the Central Peninsula Neighbourhood Plan.
3- City of Saint John Capital Investment Policy.
71
-3-
4- Common Council's Priorities for Growth and Propsperity.
SERVICE AND FINANCIAL OUTCOMES
Funding for this project is provided by the Disaster Mitigation and Adaptation
Fund (DMAF) approximately $3.24 Million (40%) with the remainder funds
provided by the 2020 and 2021 City of Saint John General Capital program. A
request has been made to the Province for additional cost sharing and
discussions are underway.
The costs for Phase A, B & C are based on fixed price. However, costs for Phase D,E and
F are based on estimated number of hours for each phase as provided by the City
Request For Proposal. It is expected that this project will have a two (2) year duration.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Materials Management facilitated the Request for Proposal (RFP) process to
solicit proposals for Engineering Services for the Seawall Refurbishement project.
As such the RFP closed on Thursday, December 19, 2019 with seven (7)
proponents responding as follows:
Dillon Consulting Ltd.
Eastpoint Engineering
Gemtec Consulting Engineers, Scientists Ltd./Rv Anderson
CBCL Limted
exp
Englobe Corp
Sta ntec
A review committee, consisting of staff from Materials Management, Facility
Management, Finance, Transportation and Environment, and DevelopSJ
reviewed the submissions for completeness and compliance with the RFP
requirements and selection criteria consisting of the following:
1. Quality and Completeness
2. Company Experience
3. Personnel
4. Methodology
5. Cost
In accordance with the City's standard procedures, the committee members
evaluated and ranked each proposal based on the proposals' technical merits.
Following this, the financial proposals were opened and evaluated and
corresponding scores were added to the technical scores.
rf►
-4 -
Dillon Consulting Limited's proposal was ranked the highest based on an overall
rating of the evaluation criteria as well as offering a competitive cost acceptable
to staff.
The above processes are in accordance with the City's Procurement Policy and
Materials Management support the recommendations being put forth.
01
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
1. Amending Schedule "A", the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area
of approximately 0.25 hectares,
located at 95 Wentworth Street, also
identified as being PID No. 55236541,
from Neighbourhood Community
Facility (CFN) to High -Rise
Residential (RH).
2. Amending Schedule "G", the Zoning
By-law of The City of Saint John, by
increasing the maximum building
height of PID No. 55236541 from 14
metres to 23 metres pursuant to a
resolution adopted by Common
Council under Section 59 of the
Community Planning Act.
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2020
and signed by:
Mayor/Maire
ARRETE N" C.P. 111-87
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT
JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le quinze (15)
decembre 2014, est modifie par:
1. La modification de 1'annexe «A», Plan
de zonage de la ville de Saint John,
permettant de modifier la designation
pour une parcelle de terrain d'une
superficie d'environ 0.25 hectares,
situee au 95, rue Wentworth, et portant
les NID 55236541 de zone
d'installations communautaires de
quartier residentielle d'immeubles
(CFN) a zone residentielle
d'immeubles d'habitation de grande
hauteur (RH).
2. Modifier 1'annexe «G», Plan de zonage
de la ville de Saint John, en augmentant
la hauteur maximale du batiment du
NID 55236541 de 14 metres a 23
metres conformement a une resolution
adoptee par le conseil municipal en
vertu de Particle 59 de la Loi sur
Furbanisme.
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2020,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - February 10, 2020 Premiere lecture - le 10 fevrier 2020
Second Reading - February 10, 2020 Deuxieme lecture - le 10 fevrier 2020
Third Reading - Troisieme lecture -
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
r
ue Leinste St.
CD
rue princess
FROM / DE
Neighbourhood
Community Facility CFN
Zone d'installations
communautaires de quartier
TO/A
High -Rise Residential
RH Zone residentielle —
immeubles d'habitation
de grande hauteur
Pursuant to a Resolution under Section 59 of the Community Planning Act
Conformement a une resolution adoptee par le Conseil municipal en vertu
de I'article 59 de la Loi sur I'urbanisme
Applicant: Tower Contracting Inc.
Location: 95 Wentworth Street
PID(s)/N IP(s): 55236541
Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020
Enacted by Council/Approuve par le Conseil:
Amending Schedule "G" of the Zoning By -Law of The City of Saint John
Modifiant Annexe <<G>> de I'Arrete de zonage de The City of Saint John
LeinSteC st i%'i/iif!j%i
e
Cinr'e
ss
rue P
FROM / DE
`E
Applicant: Tower Contracting Inc.
Location: 95 Wentworth Street
PID(s)/NIP(s): 55236541
Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020
Enacted by Council/Approuve par le Conseil:
TO/A
25m
That, pursuant to Section 59 of the Community Planning Act, the development and use of the
parcel of land with an area of approximately 2,529 square metres, located at 95 Wentworth
Street, also identified as PID No. 55236541, be subject to the following conditions:
a. That the development and use of the parcel of land be in accordance with detailed elevation,
site plans, and landscaping plans prepared by the proponent and subject to the approval of the
Development Officer, illustrating the design and location of buildings and structures, driveway
accesses, fagade design and elements such as awnings and entryways, amenity spaces, exterior
lighting, and all other site features;
b. Trees and shrubs be planted in the front, flankage, and rear yards, as well as the side yard
where possible, to the same standard required by the Zoning By-law for developments in
Commercial and Community Facility zones, as per the landscaping plans, and that such trees
and shrubs be planted within one year from the issuance date of the development permit;
That the elevation plans demonstrate:
L A prominent cornice at fourth storey (approximately 14 metres) on all street -facing
facades,
ii. A clear differentiation of the base of the building (floors one to four) from the top of
the building (floors five to seven) through the design of the base building in terms of
finish, colour, and materials,
iii. The base building is to be constituted of durable, high quality materials such as but
not limited to brick, granite, or sandstone,
iv. Additional detailing and articulation be given to the first floor street -facing facades to
improve the pedestrian experience and avoid blank walls;
d. That the above-mentioned elevation, site plans, and landscaping plans be attached and made
a condition of approval to the permit application for the development of the parcel of land and
that these plans shall substantially conform to the Proposal as presented, but may be amended
insofar as the Proposal remains consistent with the conditions outlined in this report and in
accordance with relevant Plans and By-laws;
e. That the Proponent contribute a public benefit in exchange for the additional height granted
(Recommendation #3). Such a benefit is to be confirmed prior to issuance of Permit but shall
include:
i. Provision of a "pocket park" for public use within the landscaped rear yard on Leinster
Street with seating opportunities,
ii. A public art contribution to the pocket park that commemorates the former Church
through use of salvaged materials and a commemorative plaque, which are to be vetted
through the Saint John Community Arts Board;
f. That prior to the issuance of a Building Permit, any drop off area on Wentworth Street be
designed to the satisfaction of the City's Chief Engineer to ensure safe pedestrian conditions.
COUNCIL REPORT
M&C No.
2020-65
Report Date
February 19, 2020
Meeting Date
February 24, 2020
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Supplementary Report - Rezoning Application 819 Millidge Avenue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Kenneth Melanson
Jacqueline Hamilton
Phil Ouellette
John Collin
RECOMMENDATION
That Common Council adopt the following amended staff recommendation:
1. That Common Council rezone a parcel of land having an area of
approximately 7,818 square metres, located at 819 Millidge Avenue, also
identified as PID Numbers 55059828 and 00046615, from Neighbourhood
Community Facility (CFN) to Mid -Rise Residential (RM).
2. That Common Council, pursuant to the provisions of Section 59 of the
Community Planning Act, impose the following conditions on the proposed
multi -residential development on the parcel of land having an area of
approximately 7,818 square metres, located at 819 Millidge Avenue, also
identified as PID Numbers 55059828 and 00046615:
(a) The Daniel Avenue driveway be developed and maintained as an access
that only allows vehicles to exit the property and turn right onto the
public street, and that the design, width and any other measures
relating to this condition be acceptable to the City Traffic Engineer and
Development Officer;
N-11
-2-
(b) Trees and shrubs be planted in the front, flankage and side yards of the
site to at least the same standard as required by the Zoning By-law for
developments occurring in a Community Facility zone and, as
determined by the City Traffic Engineer, that no tree and shrub obscure
the sight lines of motorists;
(c) A landscaped berm with a continuous coniferous hedge having a total
minimum installation height of 2.5 metres be developed and
maintained on the property near the common lot line of the adjoining
properties abutting Hayward Court and Donaldson Street;
(d) Opaque material be used for the balconies to enhance privacy between
the proposed 40 -unit apartment building and the adjoining properties
abutting Hayward Court;
(e) The development and use of the parcel of land be in accordance with
detailed building elevation and site plans, prepared by the proponent
and subject to the approval of the Development Officer, illustrating the
design and location of buildings and structures, interior garbage
enclosures, driveway accesses, vehicle and bicycle parking, loading
areas, landscaping, amenity spaces, signs, exterior lighting, and other
such site features; and
(f) The approved building elevation and site plans be attached to the
permit application(s) for the proposed multi -residential development
and made a condition of approval for the development of the parcel of
land.
EXECUTIVE SUMMARY
The purpose of this report is to brief Common Council (Council) on follow up
discussions with the applicant of the rezoning application for 819 Millidge
Avenue that occurred due to comments expressed by during the February 10,
2020 Public Hearing.
PREVIOUS RESOLUTION
At the February 10, 2020 Public Hearing, Council gave first and second reading to
the proposed rezoning and Section 59 conditions for a site at 819 Millidge
Avenue.
Wel
-3 -
STRATEGIC ALIGNMENT
Council's 2016-2020 Priorities include goals to drive development in accordance
with PlanSJ to achieve density that is required for the efficient use of
infrastructure and services and to promote Saint John as a community to live,
work and play in growing the residential tax base.
REPORT
During the debate leading up to Council's decision to give first and second
reading to the proposed rezoning, some concerns were expressed by members
of Council, despite the vote to support the project. Staff took initiative to
examine those concerns with the applicant and want to provide Council with
additional information. The applicant has also taken the initiative to prepare a
communications plan in light of public and Council's concerns regarding public
engagement.
The applicant has provided the attached letter (Attachment 1) to respond to
discussions with Staff and provide Council with commitments to these issues.
Two minor text changes to conditions "a" and "e" are proposed to ensure that
the scope of these discussions are captured.
Underground Garbage and Waste Storage
During the Public Hearing, the applicant confirmed that all waste and recycling
facilities for each building would be stored in a room in the underground
parkade. The Zoning By-law requires enclosure of any garbage and waste
facilities for buildings over five units, when outside (Section 5.4).
Staff included a proposed Section 59 Condition (Condition "e") which requires
any building plans and site plan include the location and details of any waste
enclosures. This condition would apply to any indoor waste storage area.
The proposed Condition "e" indicates the requirement for site plans and building
plans to show the location of waste enclosures. To ensure that it is clear the
waste areas be located inside the proposed buildings, a minor wording change to
say 'interior waste enclosures' is proposed — this will clarify that at time of
construction any waste enclosures must be indoors. Any request to deviate from
an indoor enclosure would be seen an amendment to a Section 59 Condition and
necessitate a new Council application to amend that condition.
Daniel Avenue Exit
The applicant amended the original application to change the access onto Daniel
E:ii]
-4 -
Avenue to be a 'right -out' access (no entry to the site, right turn onto Daniel
Avenue only). Staff discussed the proposed change with the City's Traffic
Engineer, who provided comments, which informed the proposed Section 59
Condition (Condition "a"). Staff discussed the possibility of gating the access and
limiting to an emergency access with the applicant. However, given the
condition placed on the sale of the property to provide access to the rear lot of
the adjacent seniors facility; gating off the access was found to be unworkable.
As part of further discussion, the applicant has indicated a willingness to place
appropriate signage, reduce the width and speed bumps on the access (subject
to acceptance by the City's Traffic Engineer) that would be clear indications the
access is secondary and no entry can occur from Daniel. The proposed condition
"a" as been amended to include the width as part of clarity on the overall final
design. The final design will be subject to acceptance by the Development
Officer and City Engineer.
Communications Plan during construction phase
Following public and Council feedback during the Public Hearing, the applicant
has taken the initiative to develop a Communications Plan to guide further
communications with area residents during project construction and leading up
to occupancy of the building. This would occur through on-site signage and a
website and is outlined in Attachment 1.
Staff have reviewed and support the Communications Plan and appreciate the
Developer's initiative to improve communications. Ensuring neighbouring
property owners are kept up to date on each phase of construction will help
improve communications and keep residents aware of the project at each step
of construction. Staff do not believe a Section 59 Conditions is required for the
Communications Plan given the commitment provided in the attached letter.
SERVICE AND FINANCIAL OUTCOMES
Not applicable.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not applicable
ATTACHMENTS
Attachment 1: Letter from applicant, Mr. Charlie Bird.
E -11I
Jacqueline Ilamilton
Commissioner ol'Growth and Community Development
110 BON 1971
Saint .John NI3
E?H 4I,1
Re: 8191-11111dgc Ave.
Dear m s. I-Iantilton.
1 -hanks to your department for its work regarding lily proposed development at 819
Millidge Avenue.
We are pleased with the recommendations Council adopted at the Public Hearing.
I.urther to the Section 59 conditions that were applied to the stat-Frecommendation we
would he pleased to have staff acid the condition regarding the garbage rooms he in
building as opposed to stored exterior to the development.
With respect to the driveway leading to Daniel Drive we would he pleased to position this
as an emergency exit only. We would sign "no entrance" offDaniel Drive. we will sign
emergency exit only" on the exiting side of the driveway. the width of the driveway
Will he minimised and a signilicaut speed hump will be placed to discourage use ol'same.
Rcllectina on tile: concerns yN'e heard li•om the neighbors and those in the general area
around communication we have determined that we Will sign the development complete
with a website address. 1 he project website will provide details around sta-es of the
construe tion: from demolition to rock breaking and the ensu11111 activities as we come out
of the ground. We will host an open house when Phase I is complete and host a
neighborhood party to show offthe units and thanks the neighbors.
We are thrilled Willi the support the City has provided us along the way.
Charles 13ii•d
n Q�
E-1
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By-law of The City of
Saint John enacted on the fifteenth day of
December, A.D. 2014, is amended by:
Amending Schedule "A", the Zoning
Map of The City of Saint John, by re-
zoning a parcel of land having an area
of approximately 7,818 square metres,
located at 819 Millidge Avenue, also
identified as being PID Nos. 55059828
and 00046615, Neighbourhood
Community Facility (CFN) to Mid -Rise
Residential (RM) pursuant to a
resolution adopted by Common Council
under Section 59 of the Community
Planning Act.
- all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of Saint
John has caused the Corporate Common
Seal of the said City to be affixed to this by-
law the * day of *, A.D. 2020 and signed
by:
Mayor/Maire
ARRETE MODIFIANT L'ARRETE DE
ZONAGE DE THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le quinze (15)
decembre 2014, est modifie par:
La modification de I'annexe «A», Plan
de zonage de The City of Saint John,
permettant de modifier la designation
pour une parcelle de terrain d'une
superficie d'environ 7 818 metres
carres, situee au 819, avenue Millidge,
et portant les NID 550598228 et
00046615, de zone d'instalations
communautaires de quartier (CFN) a
zone residentielle — immeubles
d'habitation de hauteur moyenne (RM)
conformement A une resolution adoptee
par le conseil municipal en vertu de
('article 59 de la Loi sur I'urbanisme.
- toutes les modifications sont indiquees
sur le plan ci-joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le
present arrete le 2020,
avec les signatures suivantes
Common Clerk/Greffier communal
First Reading - February 10, 2020 Premiere lecture - 10 fevrier 2020
Second Reading - February 10, 2020 Deuxieme lecture - 10 fevrier 2020
Third Reading - Troisieme lecture -
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
/�/'i
ay. Daniel AV.j/�/�i/i/i%��,
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TO/A
Neighbourhood Mid -Rise Residential
Community Facility CFNr%f%' RM Zone residentielle —
Zone d'installations '����"f immeubles d habitation
communautaires de quartier de hauteur moyenne
Pursuant to a Resolution under Section 59 of the Community Planning Act
Conformement a une resolution adoptee par le conseil municipal en vertu
de I'article 59 de la Loi sur I'urbanisme
Applicant: Don -More Surveys & Engineering Ltd.
Location: 819 Millidge Avenue
PID(s)/NIP(s): 55059828, 00046615
Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020
Enacted by Council/Approuv6 par le Conseil:
That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act,
impose the following conditions on the proposed multi -residential development on the parcel
of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue,
also identified as PID Numbers 55059828 and 00046615:
(a) The Daniel Avenue driveway be developed and maintained as an access that only allows
vehicles to exit the property and turn right onto the public street, and that the design and any
other measures relating to this condition be acceptable to the City Traffic Engineer and
Development Officer;
(b) Trees and shrubs be planted in the front, flankage and side yards of the site to at least the
same standard as required by the Zoning By-law for developments occurring in a Community
Facility zone and, as determined by the City Traffic Engineer, that no tree and shrub obscure the
sight lines of motorists;
(c) A landscaped berm with a continuous coniferous hedge having a total minimum installation
height of 2.5 metres be developed and maintained on the property near the common lot line of
the adjoining properties abutting Hayward Court and Donaldson Street;
(d) Opaque material be used for the balconies to enhance privacy between the proposed 40 -
unit apartment building and the adjoining properties abutting Hayward Court;
(e) The development and use of the parcel of land be in accordance with detailed building
elevation and site plans, prepared by the proponent and subject to the approval of the
Development Officer, illustrating the design and location of buildings and structures, garbage
enclosures, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity
spaces, signs, exterior lighting, and other such site features; and
(f) The approved building elevation and site plans be attached to the permit application(s) for
the proposed multi -residential development and made a condition of approval for the
development of the parcel of land.
SAINT JOHN CornmonCOLAnd
To be presented at the February 10, 2020 Open Session of Council by
Councillor David Hickey
Motion:
Whereas, Council approved a motion to have staff draft a bylaw and implementation strategy on
flyer delivery.
Whereas, council recognizes the importance of dealing with the onslaught of unsolicited flyers.
Whereas, the City of Moncton has taken charge and approved 1 st reading of a flyer delivery
bylaw.
Moved, that Council direct staff to correspond with Brunswick News Inc in order to setup
a presentation to council in public session by March 31st, 2020 outlining how they will
reframe their flyer delivery policy to better support public interest in the City.
E:11.1
To be presented at the February 10, 2020 Open Session of Council by Councillor David Hickey
Motion:
Whereas, the Fundy Regional has passed a policy to no longer support the recycling of single
use plastic bags.
Whereas, at its July 29, 2019 meeting council referred a motion, "Ban on Single Use Plastics" to
the Fundy Regional Services Commission.
Whereas, plastic pollution is a global challenge that requires immediate.
Whereas, the City of Saint John has passed a Climate Action Plan and has declared an
emergency on change.
Whereas, plastic waste ends up in our landfills, litters our parks and beaches, and pollutes our
rivers, lakes, and ocean.
Whereas, many government and private businesses have already taken the initiative to ban
single use plastics, and the federal government aims to have it done by 2021.
Moved, that council direct the City Manager and staff to report to Common Council with a
recommendation and assessment on the ban on single use plastics in the City of Saint
John by the end of this council term.
E:Yl
E:1:3
Received Date February 24, 2020
Meeting Date February 24, 2020
Open or Closed Open Session
Deputy Mayor McAlary and Members of Common Council:
Subject: Code of Conduct
Background:
The province lays out guidelines for municipalities to address code of conduct complaints. However, the
legislation is broad and forces municipal councils into various forms of conflict of Interest and vague
guidelines to follow. While the Province should play a role in ensuring consistency in the application of such a
process, it's clear that Common Council must act to fill the current voids of process.
Saint John Common Council requires an unbiased, clear and transparent process that can be followed
regardless of the circumstances by which a code of conduct complaint is made. This process must also
include a mechanism for dealing with frivolous and vexatious complaints.
Whereas; there are a number of challenges (both real and perceived) in having council or staff investigate
and rule on a code of conduct complaint.
Whereas; it is important that we engage a third party with relevant expertise, to develop a recommended
process and guiding principles for Common Councils review and adoption for the City of Saint John. This
newly developed process can fill the existing gaps in the province -wide legislation and could be replaced in
the future, should the province choose to implement further conditions.
The current guidelines ensure that all code of conduct complaints are heard no matter how frivolous or
vexatious the claim may be. It is important that the structure for determining the validity of a claim be open
and transparent while allowing for the dismissal of unwarranted claims.
Motion:
That the City Manager retain the services of a third party unbiased expert, who would develop a process for
accepting and denying code of conduct complaints. In addition the expert would provide clear guidelines for
the process of hearing code of conduct complaints to ensure governance best practices are respected and
included in such a process.
This report should be brought back to council no later than September 30, 2020 but no sooner than July 2020
given the current workload and time restrictions on this council.
Respectfully Submitted,
(Received via email)
Don Darling
Mayor City of Saint John
(P4
.
- ----- - - -------------- --
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca ( C.P 1971 Saint John, N. -B. Canada E21L 4L1
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COUNCIL REPORT
M&C No.
2020-57
Report Date
February 19, 2020
Meeting Date
February 24, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Parks and Recreation Casual Workforce — Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. HeadCity
Manager
Tim O'Reilly
Michael Hugenholtz
John Collin
RECOMMENDATION
The City Manager recommends that Common Council:
Endorse the proposed reduction of the Parks and Recreation casual workforce as
an option to be considered in addressing the entirety of the deficit in 2021 and
2022.
EXECUTIVE SUMMARY
The casual workforce hired by the City of Saint John's Parks and Recreation
Service assists with many services during the busiest portion of the year. Given
the City's sustainability challenges, this report proposes a reduction of that
workforce of up to 50%.
The percentage of casual work reduction that would be considered for
implementation is dependent on collective bargaining and a number of other
sustainability ideas being considered. A range of Parks and Recreation services
would be affected by a reduction; however, efficiencies and innovative solutions
would be sought during the implementation period in an effort to mitigate
impacts.
Should the full 50% be reduced, this would result in an annual cost reduction of
$360,000 in the general operating budget. A reduction in 50% of casuals would
also result in a reduction of vehicle rentals required to support operations in the
amount of $39,000 (including fuel). An estimated potential loss of annual
revenue of up to $10,000 would net a total potential savings of up to $389,000.
OR
-2 -
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-
249: 'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
The City of Saint John's Parks and Recreation service area hires casuals during
the busiest portion of the year to assist with the many services carried out.
Given seasonal fluctuations in workload, the number of staff required to carry
out the various operations of Parks and Recreation increases significantly from
spring through fall. The temporary staff (i.e., casuals and students) outnumber
the permanent staff during those busy periods.
PARKS AND, RECIREA1ION SUMMER ill ORKIfO0dCIE (201.9):.
Cast
48
Students
tCl --- —ff
In 2019, a total of 38 casuals were hired with additional requirements to rent
vehicles to support operations. This sustainability idea proposes a reduction of
the Parks and Recreation casual workforce by up to 50%. The full reduction of
50% represents approximately a quarter of the workforce. The percentage of
workforce reduction that may be implemented to address the deficit in 2021 and
2022 will be dependent on collective bargaining outcomes and other
sustainability ideas that are being considered.
Should a reduction of the Parks and Recreation casual workforce be approved by
Council at a future date, the Parks and Recreation Service would advise external
stakeholders of the decision in order to understand service impact. These
stakeholders include, but are not limited to:
• New Brunswick Department of
Transportation and
Infrastructure
• Anglophone School District —
South
• Field user groups
• Organizers of'Marigolds on
Main Street'
• Residents near neighbourhood
playgrounds
• Saint John Energy
• Rockwood Park stakeholder
-3 -
The City of Saint John Communications Department would also be engaged to
assist in informing the public of services affected by the change.
STRATEGIC ALIGNMENT
The savings realized by a reduction of the Parks and Recreation casual workforce
supports Council's Priority to be Fiscally Responsible by contributing to the
overall Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on
Council's Priorities and ability to implement to address the deficit of 2021 and
2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant,
Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria
Evaluation Appendix).
A number of factors would influence the exact impacts as a result of this
sustainability idea, such as the number of positions reduced, efficiency and
innovative solutions to mitigate impact, and the range of tasks crews complete
over the season. These factors will become more clear prior to and during
implementation. Attached to this report for reference is a list of 'Parks and
Recreation Summer Services' that would be maintained, regardless of the
decision on this item.
The following list outlines the types of service offerings that may be impacted
with a reduction in the Parks and Recreation casual workforce:
• Mowing some public spaces, focusing first on provincial lands, then
underutilized Land for Public Purposes (LPP), then some medians (aside
from areas located near City -owned parks and within the Uptown area);
• Bookings and work on Anglophone School District — South (ASD -South)
sports fields and potentially one or two city -owned sports fields;
• Maintenance levels at City parks;
• Ornamental flower and/or hanging basket program;
• Response time for tree work; and/or
• Operation of neighbourhood playgrounds.
PIaySJ will continue to be used to guide further rightsizing of City recreation
facilities as the above-mentioned categories of impacts are refined (i.e., sports
fields and playgrounds). A community management model as outlined in PIaySJ
may also be an option to mitigate service impacts.
Otl
-4 -
In evaluating operating cost savings, a reduction of the Parks and Recreation
casual workforce of 50% would result in an annual cost reduction of $360,000 in
the general operating budget, which is the total wages and benefits for 18 of the
38 casual staff who were hired this past season (2019).
Wages ($18.38/hour; 40 hours/week; 24 weeks)
$17,645
Vacation pay (4%)
$706
Subtotal
$18,351
Fringe costs (9%)
$1,652
Total cost for one (1) casual staff
$20,003
TOTAL for 18 Casual staff (50%)
$360,000
TOTAL for 38 casual staff (2019 staffing level)
$760,000
Should a reduction of casuals be implemented, it is anticipated there would also
be savings in related to goods and services, particularly rental vehicles. With a
50% reduction of casuals, this would result in the need for four (4) less rental
vehicles. This represents an additional savings of $39,000 (including fuel).
There is also an estimated potential loss of annual revenue from field bookings
(both City and ASD -South) of up to $10,000. Therefore, projected savings from
reducing the casual workforce could be as high as $389,000 (i.e., full 50%
reduction be implemented).
Other considerations in reduction the Parks and Recreation casual workforce is
the investment required for the potential closure of neighbourhood
playgrounds. Securing community partners to maintain some playgrounds as an
alternative to closure requires investment. Work would be required to remove
equipment from playgrounds that would need to close. Once land becomes
vacant, a process would need to be undertaken to divest of those lands, which
could result in one-time proceeds from the eventual sale of the properties, as
well as future property tax revenue; however, those revenues would likely not
materialize within the 2021-2022 window. While funding could be made
available through the restructuring budget, this work would divert resources
from other planned projects and service delivery.
This item is 100% feasible, as it is based solely on a decision of Mayor and
Council and can be implemented to address the deficit within the timeframe.
01:3
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input for this report was provided by the staff of the Parks and Recreation
Department.
In addition, this report was reviewed by the following:
• City of Saint John Finance and Administrative Services
• City of Saint John Human Resources Department
ATTACHMENTS
Parks and Recreation Summer Services (to be maintained)
06%]
Appendix: Initiative Criteria Evaluation
:u.00
90
80
70
50
U
0
30
20
10
0
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
0 ➢. 2 3 4 5
Financial..Farget
Evaluation Notes on Parks and Recreation Casual Workforce:
• Range of impacts based on the percentage of workforce reduced (dependent on collective
bargaining and other sustainability ideas being considered).
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities - Rainbow Park Ice
Surface
4. Rightsizing Recreation Facilities - Seaside Park
Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval Fees Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
W9191
16. Economic Development Agency Funding
17. Arena Closure
18. Freeze CPI Adjustments for Inflation
19. Adelaide Street Facility
20. Fees for Emergency Response
21. Fire Light Vehicle Response - Medical Calls
22. Transit Redesign
23. Community Centres
24. Asphalt Overlay Program
25. Contracted Services Reduction
26. Rightsizing Recreation Facilities - Horse Stables
27. Leverage Uptown Saint John
28. Permit and Development Approvals New Fees
29. Cost Recovery for City Services at Events
30. Public Works Casual Workforce
31. Parks & Recreation Casual Workforce
PARKS AND RECREATION SUMMER SERVICES (to be maintained)
Public Parks and Greenspaces:
• Maintenance of King Square West, Queen Square West, Victoria Square, Robertson Square,
Riverside Park, and Fort Howe;
• Uptown Parks Mowing (Rainbow Park, Queen Square, King's Square, Loyalist Burial Grounds,
Millennium Dome, Red Rose Tea Building, Harbour Passage);
• South Central Peninsula Mowing (general, non -park spaces);
• South Central Peninsula Maintenance (Loyalist Burial Grounds, Queen Square, Water Street,
Boardwalk area, Barbour's General Store, City Hall);
• Harbour Passage Maintenance;
• Rockwood Park Maintenance (events, horticulture, mowing, trails, beaches, programming
support, volunteer support);
• Ornamental Horticulture Watering (100,000+ annuals, 110 hanging baskets, marigolds);
• Uptown Horticulture Maintenance (King's Square, Germain Street, hanging baskets, planters);
• Tourist Sites Cleaning (Fallsview, Reversing Falls, Fort Howe, Visitor Information Centre);
• Urban Forestry (reactive service; includes cleanup of vegetative debris for Saint John Energy);
• Beaches Maintenance (Dominion Park, Tucker Park, Little River Reservoir).
Sports and Recreation Facilities:
• Sports Field Mowing, Lining, and Preparation (16 fields);
• Sports Field Maintenance (e.g., weed control, turf maintenance, fencing repairs, cleaning,
garbage removal, special requests, mound maintenance, base maintenance);
• Playground Maintenance and Safety Inspections (includes 3 splash pads and 1 skate park);
• Maintenance and Mowing of Four Complexes: Memorial Park, Shamrock Park, Forest Hills,
Allison Grounds;
• Night Security (evening security checks and duties throughout City; after-hours calls for service);
• Arenas (spring and summer ice; floor bookings).
`O
M&C No.
2020-069
Report Date
February 12, 2020
Meeting Date
February 24, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Transportation & Environment Services (Works) Casual Workforce —
Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. Head
City Manager
Pierre LeBlanc
Michael Hugenholtz
I John Collin
RECOMMENDATIONS
The City Manager recommends that Common Council:
Endorse the proposed reduction of the Works casual workforce as an option to
be considered in addressing the entirety of the deficit in 2021 and 2022.
EXECUTIVE SUMMARY
The casual workforce hired by the City of Saint John's Transportation &
Environment Services' Works Division assists with the many services carried out
during the summer season. Given the City's sustainability challenges, this report
proposes a reduction of the Works casual workforce of up to 50%.
The percentage of casual work reduction that would be considered for
implementation is dependent on collective bargaining and a number of other
sustainability ideas being considered. A range of Works services would be
affected by this reduction; however, efficiencies and innovative solutions would
be sought during the implementation period in an effort to mitigate these
impacts.
Should the full 50% of casuals be reduced, this would result could result in an
annual cost reduction of approximately $160,000 in the General operating
budget. A reduction in 50% of casuals would also result in a reduction of vehicle
rentals required to support operations in the amount of $22,000 (including fuel).
The total projected savings for this sustainability idea could be up to $182,000.
`[oy�
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-
249: 'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
The City of Saint John's Transportation & Environment Services' Works Division
hires casual workers to assist with the many services carried out during the
summer season. These services include, but are not limited to, street cleaning,
garbage collection, litter pick up and sweeping overnight in the central business
district, traffic enhancement (i.e., line painting), surface maintenance (asphalt
overlay, asphalt patching), SJ Water cut reinstatements, curb and sidewalk
maintenance, and storm water management.
While casual employees have an important role in addressing the peak work
demands during the busy construction season, this sustainability idea proposes a
reduction of the Works casual workforce by up to 50%. This reduction in casuals
represents approximately 8% of the overall available resources over the summer
season. However, the percentage of workforce reduction that may be
implemented to address the deficit in 2021 and 2022 dependent on collective
bargaining outcomes and other sustainability ideas that are being considered.
STRATEGIC ALIGNMENT
The savings realized by a reduction of the Works casual workforce supports
Council's Priority to be Fiscally Responsible by contributing to the overall
sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on
Council's Priorities and ability to implement to address the deficit of 2021 and
2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant,
Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria
Evaluation Appendix).
A number of factors would influence the exact impacts as a result of this
sustainability idea, such as the number of positions reduced, efficiency and
innovative solutions to mitigate impact, and the range of tasks crews complete
over the season. These factors will become more clear prior to and during
implementation.
The following list outlines the types of service offerings that may be impacted
with a reduction in the Works casual workforce.
• Traffic enhancement projects (new crosswalks, traffic calming, etc.)
`NQ
-3-
• Sod reinstatement within City right-of-way damaged by winter plowing
operations;
• Litter pick-up overnight in the central business district;
• Painting of bike symbols and lanes on the Trans Canada trail;
• Asphalt overlay program; and/or
• Response to citizen requests for service.
In evaluating operating cost savings, a reduction of the Works casual workforce
by 50% would result in an annual cost reduction of $160,000 in the General
operating budget. This amount is based on the total wages and benefits for
eight (8) of the sixteen (16) casual staff who were hired during the summer of
2019.
Wages ($18.38/hour; 40 hours/week; 24 weeks)
$17,645
Vacation pay (4%)
$706
Subtotal
$18,351
Fringe costs (9%)
$1,652
Total cost for one (1) casual employee for a period of 24 weeks
TOTAL for 8 Casual staff (50%)
$20,003
$160,000
TOTAL for 16 Casual staff (2019 staffing level)
$320,000
Should this Sustainability item be implemented, it is anticipated there would also
be savings from a reduction in costs related to goods and services, particularly
rental vehicles. With a 50% reduction of casuals, this would result in the need
for two (2) less rental vehicles. This represents an additional savings of $22,000.
Total potential savings from a reduction in Works casual workforce could be up
to $182,000.
This item is 100% feasible, as it is based solely on a decision of Mayor and
Council and can be implemented to address the deficit within the timeframe.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The staff of the Works Department provided input for this report. In addition,
this report was reviewed the City's Finance and Administrative Services and
Human Resources teams.
ATTACHMENTS
N/A
ii[9LI
Appendix: Initiative Criteria Evaluation
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
Evaluation Notes on Public Works Casual Workforce:
• Range of impacts based on the percentage of workforce reduced (dependent on collective
bargaining and other sustainability ideas being considered).
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities -
Rainbow Park Ice Surface
4. Rightsizing Recreation Facilities -
Seaside Park Lawn Bowling
S. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval
Feeslncreases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking
Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
16. Economic Development Agency
Funding
17. Arena Closure
18. Freeze CPI Adjustments for
Inflation
19. Adelaide Street Facility
20. Fees for Emergency Response
21. Fire Light Vehicle Response —
Medical Calls
22. Transit Redesign
23. Community Centres
24. Asphalt Overlay Program
25. Contracted Services Reduction
26. Rightsizing Recreation Facilities -
Horse Stables
27. Leverage Uptown Saint John
28. Permit and Development Approvals
New Fees
`Wei
29. Cost Recovery for City Services at
Events
30. Public Works Casual Workforce
31. Parks & Recreation Casual
Workforce
COUNCIL REPORT
M&C No.
2020-59
Report Date
February 14, 2020
Meeting Date
February 24, 2020
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Permit and Development Approvals, New Fees —Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Authors
Commissioner/Dept. Head
City Manager
Amy Poffenroth/Evelyn
Hatfield
Jacqueline Hamilton
John Collin
RECOMMENDATION
The City Manager recommends that Common Council:
Endorse the proposed Permit and Development Approvals New Fees —
Sustainability Item as an option to be considered in addressing the entirety of the
deficit in 2021 and 2022.
EXECUTIVE SUMMARY
The Growth and Community Development fees initiative associated with permit
and development approvals is being presented in two phases; phase one was
presented on December 2, 2019 and included adjustments to current fees. Phase
two, the subject of this report, focuses on the opportunity for new fees.
The new fees presented in this report for Council's consideration are grouped into
four main categories:
1. Heritage Conservation Areas By-law Fees
2. Electrical Waiver Fee
3. Pre -Application Meeting Fee
4. Miscellaneous New Fees
These categories of fees were selected based on the opportunity for revenue
generation, ease of implementation, a move towards cost -recovery and common
practice in other municipalities.
This New Fees item is estimated to generate an additional $35,000 in revenue.
8[91:1
-2 -
Given the legislated timeline for by-law amendments, it would take approximately
three months to implement new fees from the initial Council decision.
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-249:
'Sustainability: Addressing the Deficit 2021-2022'.
REPORT
Growth and Community Development fees associated with permit and
development approvals are under review as part of the City's sustainability
initiative. This item is being presented in two phases; phase one, presented on
December 2, 2019, focused on adjustments to current fees and phase two, the
subject of this report, will focus on new fees. If this sustainability item is approved
by Common Council to be implemented as a sustainability initiative, the fees will
be further refined and finalized before being presented to Council for final
approval.
The new fees presented in this report for Council's consideration are grouped into
four main categories:
1. Heritage Conservation Areas By-law Fees
2. Electrical Waiver Fee
3. Pre -Application Meeting Fee
4. Miscellaneous New Fees
These categories of fees were selected based on the opportunity for somewhat
substantial revenue generation, ease of implementation, a move towards cost-
recoveryand common practice in other municipalities. Consideration of newfees,
in some cases, is challenging to put in place due to their administrative and
operational impacts (cost and resources to collect and process fees), by-law
impacts and can be difficult to benchmark.
Heritage Conservation Areas By-law Fees
The Heritage Service area within Growth and Community Development Services
provides program support and service to 11 conservation areas and 555 heritage -
designated properties. The 2020 budget to provide the Heritage Conservation
service is $194,000.
Currently, there is only one fee associated with the Heritage By-law — demolition
of a designated property. While the Heritage Officer and the Heritage
Development Board (HDB) provides a high level of support and guidance to
heritage property owners looking to rehabilitate/restore/conserve their buildings,
there currently is no fee for a heritage permit. The service area does not achieve
any level of cost -recovery through the services it provides.
`[otl
-3-
A variety of fees could be charged for heritage permits, based on the level of staff
and Board effort to analyse and assess the applications and for any additional
costs incurred. For instance, the Heritage Officer reviews and issues a number of
heritage permits for maintenance work without having to go to the HDB; this
would be the lowest permit fee charged. The next level of fee would be for more
complex applications that require HDB approval, including Tier 1 and 2 infill
applications. A Tier 3 infill permit application requires the service area to pay for
additional costs for advertising and a peer review; therefore, it would be the
highest permit fee to ensure those additional costs are recovered. At a minimum,
any applications that require "outside" costs should have a fee applied to cover
those costs.
The chart below provides some idea of the range of fees depending on the permit
application type. If Council chooses to proceed with new fees in the Heritage By-
law, further analysis by staff would refine the fees and determine the suggested
fee in each of the permit types. It is estimated that the new fees would result in
approximately $10,000 of new revenue.
Heritage Permit Application Type
Range of Possible Fees
Heritage Officer (HO) Approval permit
$75-$100
Heritage Officer and Heritage
Development Board (HDB) Approval
permit
$150-$200
Infill —Type 1&2 (HO and HDB)
$200-$300
Infill —Type 3 (HO and HDB)
$3,000-$5,000
Designation Removal — Research*
*Currently under legal review
$1,000-$2,000
There has historically been little to no heritage permit fees, mostly due to the fact
that heritage property owners are subject to by-law requirements that do not
apply to any other property owners. The absence of fees reflects the view that
Heritage buildings are considered a community asset, attracting citizens and
visitors and contributing to the vibrancy, history and beauty of our City.
Municipalities in our region do not typically charge heritage permit fees, including
Moncton and Halifax, who in some cases, exempts or grants building permit fees
for work to heritage properties. Charlottetown charges heritage permit fees only
if work has been carried out before a permit is issued. Portland, Maine has a
robust heritage program similar to Saint John and does charge a range of fees
based on the complexity of the project, similar to what is being proposed here.
One point to mention is that the addition of heritage permit fees could result in
increased compliance issues as owners may choose not to get permits, potentially
redirecting staff efforts to one of compliance instead of facilitation.
Another consideration is how a fee structure would relate to the heritage grant
program. Approximately 30 percent of all projects that are issued heritage
`DU]
-4 -
permits in a year are also provided with grant funding, while 50 percent of all
eligible projects are provided grant funding. This number fluctuates depending on
the grant budget in any given year. Understanding the future of the grant budget
is in question, it seems counterintuitive to charge a permit fee then subsequently
provide a grant for the same project.
That being said, the service area provides a high level of technical review and
applicant support, involving staff and the Heritage Development Board. The fee
ranges suggested are relatively minimal and will result in a cost recovery of only
five percent of the overall service cost. Recovering "outside" costs (i.e. peer
review) associated with a few specific types of applications is strongly
recommended.
Electrical Waiver Fee
The Community Planning Act requires that no electrical work can be undertaken
without a building permit being issued. In some cases, building permits are not
required for some minor electrical work. Electrical waivers are issued under the
Building By-law when work to an electrical system is undertaken, but no building
permit is required for that work. Most municipalities and Regional Service
Commissions charge a fee to issue an electrical waiver; however, the City's
Building By-law does not currently charge a fee for this service. Comparators are
below:
Municipality
Fee for Electrical Waiver
Fredericton
$0
Hampton
$30
Grand Bay
$0
Moncton
$30
Quispamsis
$25
Rothesay
$20 for estimate less than $2,400/
$7.25 per $1,000 estimate for all
others
Regional Service Commission #9 (SJ
County)
$25
The One Stop Development Shop currently issues, on average, 240 electrical
waivers annually. A proposed fee of $30 per waiver would generate an average
of $7,200 in revenue per year.
Pre -Application Meeting Fees
Since implementation of the One Stop Development Shop in 2016, pre -
application meetings have been offered for free to developers of medium to
large-scale and/or strategic developments. The purpose of the pre -application
meeting, considered the first step in the development approval process, is to
`[ole.]
-5 -
provide a developer with valuable feedback on their project, which will in turn
save time once a formal application is made.
There are, on average, 27 pre -application meetings per year. The service has
received very positive reviews from participants and it helps to set projects up for
success once permit applications are submitted. The meetings, including
preparation and follow-up, are very resource — intensive and require review and
analysis from a number of senior staff members due to the complexity of the files.
Costs to provide the service vary; an average cost is in the range of $2,000-$6,000
per file, depending on the complexity of the project and the level of detail
provided by the applicant.
One option is to charge a fee for the pre -application meeting service. Another
alternative, and one that some other municipalities have put in place, is an upfront
fee for the service which is then deducted from the building permit fee once an
application is made. In the past year, approximately half of the pre -application
meetings held resulted in a building permit application. Staff is proposing a similar
structure to others — an upfront fee with a reduction of the building permit fee if
an application is made within a year from the meeting. If Council were to approve
of this approach, further administrative, by-law and costing details would have to
be worked out. For estimate purposes, if the fee was set at $1,000 and only 13
files proceeded to the formal application stage, the possible revenue would be
$13,000 per year for this option.
Miscellaneous new Fees
There are a number of miscellaneous fees that are good options for new revenue,
albeit present lower volumes than the fees discussed above. Some of the ideas
further build consistency among the development by-laws, while others are
intended to achieve cost -recovery. These fees need further review to determine
the administrative, by-law, costing and operational requirements to present these
fees for consideration. Some of these ideas are listed below:
• Resubmission fees • Refund system
• Renewal fees • After-hours inspection fees
• Pre -application and liquor license • Double fees if working without
inspection fee requested by owner permits in place
The early estimated revenue generated by these miscellaneous fees is $5,000 per
yea r.
Implementation
Permit and development fees reside in a number of development by-laws, i.e.
Heritage Conservation Areas By-law, Building By-law, Zoning By-law, Subdivision
By-law and policy documents. By-law amendments and Council approval will be
required to adopt most of the new fees; in some cases, public hearings at the
Planning Advisory Committee (PAC) and Common Council are required. If Council
flsK
-6 -
chose to move forward with the suite of fee adjustments, Growth and Community
Development Services would coordinate the various processes to have the fee
adjustments considered at the same PAC and Council meetings, if possible. Given
the legislated timeline for by-law amendments, it would take approximately three
months to implement fee adjustments from the initial Council decision.
STRATEGIC ALIGNMENT
The potential revenue realized by Permit and Development Approvals, New Fees
— Sustainability Item supports Council's Priority to be Fiscally Responsible by
contributing to the overall Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on Council's
Priorities and ability to implement to address the deficit of 2021 and 2022. In
addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City;
Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation
Appendix).
With respect to Growth and Prosperity, the impact of some of the new fees
discussed in this report is mainly one of perception of not encouraging growth and
development in Saint John. Implementing Heritage Permit fees may negatively
impact the perception of heritage property ownership and is not in line with other
Maritime municipalities.
This initiative does not require any investment and is 100% feasible, as it is based
solely on a decision of Mayor and Council and can be implemented in
approximately three months.
The new fees initiative is estimated to generate an additional $35,000 in revenue.
This is in addition to the $80,000 in additional revenue considered in Phase 1 —
"Permit and Development Approvals Fee Increases" for a total additional revenue
of $115,000.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Finance Team has reviewed projected revenue.
ATTACHMENTS
N/A
111
Appendix: Initiative Criteria Evaluation
:u.00
90
80
70
50
U
0
40
30
20
10
0
-7 -
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
0 ➢. 2 3 4 5
Financial..Farget
Evaluation Notes on Permit and Development Approvals New Fees:
• Growth & Prosperity- Perception of not encouraging growth; heritage fees may not be in line with
other municipalities
• Valued Service Delivery -100% feasible
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities -
Rainbow Park Ice Surface
4. Rightsizing Recreation Facilities -
Seaside Park Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval
Fees Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking
Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
13. On -Street Parking Increase
14. Recreation Subsidies
15.
Winter Street Maintenance
16.
Economic Development Agency
Funding
17.
Arena Closure
18.
Freeze CPI Adjustments for
Inflation
19.
Adelaide Street Facility
20.
Fees for Emergency Response
21.
Fire Light Vehicle Response -
Medical Calls
22.
Transit Redesign
23.
Community Centres
24.
Asphalt Overlay Program
25.
Contracted Services Reduction
26.
Rightsizing Recreation Facilities -
Horse Stables
27.
Leverage Uptown Saint John
MN
28. Permit and Development Approvals
New Fees
29. Cost Recovery for City Services at
Events
30. Public Works Casual Workforce
31. Parks & Recreation Casual
Workforce
COUNCIL REPORT
M&C No.
2020-68
Report Date
February 07, 2020
Meeting Date
February 24, 2020
Service Area
Public Safety Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Fire Service Fee Recovery for Emergency Response — Sustainability 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
Josh Hennessy
Kevin Clifford
I John Collin
RECOMMENDATION
The City Manager recommends that Common Council:
Endorse the proposed Fire Service Fee Recovery for Emergency Response Sustainability
Initiative as an option to be considered in addressing the entirety of the deficit in 2021 and
2022.
EXECUTIVE SUMMARY
The City of Saint John Fire Service currently provides six public safety services to the citizens of
Saint John, including Fire Rescue and Suppression, Technical Rescue/Motor Vehicle Accidents,
Hazardous Material Response, Fire Prevention, Fire Prevention, and Medical First Responder.
The City currently does not recover full cost for emergency response activity related to any of
the above activity.
Given the City's sustainability challenges, this report proposes that the City recover costs for
the staff work related to Fire Rescue and Suppression (occupancy type specific — all but
residential), Hazardous Materials Response (within the city), Technical Rescue, Motor Vehicle
Accident Response (non-resident) and other agency response requests. This cost recovery
solution would result in approximate revenue of $90,000 (before HST and HST rebate).
PREVIOUS RESOLUTIONS
On October 7, 2019, it was resolved by Council to receive and file M&C 2019-249:
'Sustainability: Addressing the Deficit 2021-2022'.
MCI
REPORT
The City of Saint John Fire Service currently does not recover costs for emergency response
activity related to Fire Rescue and Suppression, Hazardous Materials Response (within the city),
Technical Rescue, Motor Vehicle Accident Response, and Other Agency Response Requests.
Call activity can be further broken down into the following call types that may be considered for
fee recovery:
Fire Rescue and Suppression
• Commercial Occupancy
• Industrial Occupancy
• Institutional Occupancy
• Residential Occupancy — incremental cost recovery captured through prior Council
resolution through Fire Marque (insurance recovery)
Hazardous Materials Response (within the city)
• Level
• Level II
• Natural Gas Response
• Rail Response
Technical Rescue
• High Angle
• Water Rescue
• Machinery Extrication
• Elevator Incident
Motor Vehicle Accident Response
• Response to a non-resident accident
Other Agency Response Requests
• Outside city limits
• Requests for response
The Saint John Fire Department proposes to recover costs related to this activity, inclusive of
administrative fees based on historical call volumes, and relative to best practices of other
municipalities. All of these fees are in place throughout other municipalities in Canada at
varying rates. Examples of municipalities that have adopted similar practices are Campbellton
NB, Mississauga ON, Red Deer AB, Brampton ON, Edmonton AB, Toronto ON, and Kenora ON.
The forecasted recovery revenue from this initiative is $90,000 annually (before HST and HST
rebate).
2
114
Approach to Implementation
Implementation of cost recovery for the proposed fire response activity requires an
amendment to the Fee for Service By-law and the creation of a Fire Service By-law. Tentative
dates for By -Laws to Council are as follows:
• Fee for Service By -low -to be brought before Council August 2020
• Fire Service By -low -to be brought before Council September 2020
STRATEGIC ALIGNMENT
The revenue realized by recovering costs for Fire service activity for Fire Rescue and
Suppression, Hazardous Materials Response (within the city), Technical Rescue, Motor Vehicle
Accident Response, and other agency response requests supports Council's Priority to be
Fiscally Responsible by contributing to the overall Sustainability effort.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on Council's Priorities
and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility,
criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally
Responsible (see Initiative Criteria Evaluation Appendix).
This initiative supports Council's Priorities of a Vibrant, Safe City and Valued Service Delivery.
The intention of this initiative is for residential property owners to incur no additional cost for
fire suppression response, as the incremental costs are captured through insurance. There will
also be no reduction to service for the public. For the most part, cost recovery is directed
towards commercial, institutional, and industrial related sites and non-residents.
There will be minimal investment requirements associated with implementation. Costs will
relate to the enforcement and education of Fire Service staff. All costs will be covered through
the annual operating budget. Implementing the Fire Service Fee Recovery Sustainability
Initiative could result in savings to the general operating budget of approximately $90,000
(before HST and HST rebate) in 2021.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input for this report was provided by Saint John Fire Service, Legal, Finance, and the
Sustainability Initiatives Team.
ATTACHMENTS
N/A.
3
115
Appendix: Initiative, Criteria Evaluation
I CH.]
go
HS
'70
60
Relative Evaluation of Sustainabi lity Illlrnitiat ves Ibased, on lirnpart and Finaridallll Target
Evaluation Notes on Fees for Emergency Response:
* Valued Service DeliverV - Should be iinfo Service impact to the community
Note.- Evaluoted rmbct°fisf thatfoIr Mthfn the Ve-filow and greoen oreus shou),d be cosivdoered as optfosis to address
the 2021 and '= defttir. Oftionves thorfaU d'oEe to ride redshould anu°y becansioered if there are ao nther
options: to, oddrL-ss the defoh ;t
Sustaiinallbilility Initiatives Evaluatedl as: of February 24, 2020, (Not ilincludiling Continuous: Improvement Items)
t.. Passport to Parks
2. Lifeguards (ovat added w hcpperJ
3,. RigtitSizing Recreation Facilities -
Rainbow IPuark Ica "surface
4. MgtitSizing Recreation Facilities-
Seaside Park Lavin ISoWing
5. Playground Program
8. Fire Semite Fee Recorvefy
7'. Permit and Deve1opment Appmoval
F'ees Increases
Grants & Incentives
9. Girovith Reserve Fund
10. Non-ReSident Differential Parking
F'EES
t.:1. Monthly ParKing Illncireaae
I.2.. Parkiinff Ticket Increases
13. Cn-Street Parking Increase
14. Recreatain subsidies
15. Winter Streat Ik4aiirntenuairnce
I.S. Economic IDeeellopiment Agenq
Punding
17. Arena C110SUIre
I.B. Freeze CPI Acl� ustme nts f or
Inflation
19. Adelaide, -Street Fadl&�
20. R3,Es� for Emergency Response
2:1. Fire Light Vehiozle Reslpcnse —
ma icalll
madicalll cab
2Z. Transit Redip3tn
25. Community Cientres
24. Asphalt Oday Rrogira m
25. Contracted Services Raduction
26. Rthitsiming IRecreation FaliflteS -
Horse sztables
27. Leverage Uptown 53mt Johin
25. Permit end Development 4Lpp�rovails
New FEES
4
116
Z9. Cost IRecoveirk for city ServiCLIs at
Events
30. Public Work,.; Casual workfforce
31. Parks & Recireation Casual
WorkforcE
COUNCIL REPORT
M&C No.
2020-048
Report Date
January 31, 2020
Meeting Date
February 10, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Asphalt Overlay Program - Sustainability Item
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
Holly Young
Michael Hugenholtz
I John Collin
RECOMMENDATION
It is recommended that Common Council endorse the proposed Asphalt Overlay Program -
Sustainability Item as an option to be considered in addressing the entirety of the deficit in
2021 and 2022.
EXECUTIVE SUMMARY
The City of Saint John has a road network of approximately 1,310 lane -kilometers of paved
streets that are classified as Arterial, Collector, Local or Rural Roads. Typical treatments used to
maintain City streets include pothole filling, crack sealing, resurfacing, and structural overlay.
Where warranted, a full street reconstruction is performed. Where feasible, street
reconstruction work is coordinated with other infrastructure construction projects
(sewer/watermain) and is not included as part of resurfacing program.
The City's annual asphalt overlay program to repair and resurface streets completes on
average, 15 lane -kilometres (21 streets) per year at a cost of approximately $500,000.
Given the City's current sustainability challenges, this report proposes that the City reduce the
Asphalt Overlay Program by $200,000.
-2 -
PREVIOUS RESOLUTION
On October 7, 2019, resolved by Council to receive and file M&C 2019-249: 'Sustainability:
Addressing the Deficit 2021-2022'.
REPORT
In order to get the best value for the dollar and the longest life span from a street, the following
asphalt treatment methods are considered: preventive maintenance (crack filling; resurfacing);
temporary stop gap (pothole repair/patching; structural overlay); full street reconstruction.
Each year, inspections are completed on all city streets. Inspection results including number
and types of cracks are recorded with a rating assigned. The street rating determines the
treatment method. Consideration is given to streets that have not deteriorated past the point
of resurfacing. Prior to undertaking work each year, Common Council is provided a list of
streets proposed for resurfacing.
In some instances, street surfaces deteriorate beyond a desirable condition and do not meet
criteria for the street resurfacing method. As a result, asphalt resurfacing is not a viable option
and a full street reconstruction is necessary. Since the budget to reconstruct these street
sections is not always available, we have an asphalt overlay program that improves the
driveability of these areas until a permanent repair can be implemented. This is considered a
'band-aid' solution that is intended to last up to eight years.
The City spends approximately $500,000 per year on the Asphalt Overlay Program
maintenance. On average, 15 lane kilometres (21 streets) are resurfaced each year. This
initiative would see the funding for the overlay program reduced by $200,000. This proposed
material reduction will enable efforts to be redirected to other necessary street related work
including on-going repairs and local drainage projects. This will not increase the long term costs
to the City, as these street sections have already deteriorated to the point of requiring full
reconstruction.
As Council is deeply aware, there are numerous initiatives being presented for consideration to
increase revenue and/or reduce costs. The initiative Fees for Use of Municipal Parks was
examined and it was determined unfeasible. With a required initial capital investment of
approximately $90,000, low expected revenues, potential negative impacts to businesses
within the parks, and that parking fees at municipal parks is not common practice, this item
when measured against Council's Priorities is not being recommended for consideration at this
time. To offset the Fees for Use of Municipal Parks Initiative, it is proposed that Council
consider the Asphalt Overlay Program item.
STRATEGIC ALIGNMENT
`§F:3
-3 -
Supporting Council's Priority to be Fiscally Responsible and will contribute to the Sustainability
Initiative included within the Asphalt Overlay Program.
SERVICE AND FINANCIAL OUTCOMES
All sustainability initiatives have been evaluated against criteria based on Council's Priorities
and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility,
criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally
Responsible (see Initiative Criteria Evaluation Appendix).
Growth & Prosperity - there will be minor impact as streets will be a priority; however, efforts
redirected to other necessary improvements.
Vibrant, Safe City - there will be no impact.
Valued Service Delivery - there is a minor impact with implementing this initiative. Strategic
street infrastructure investments will continue and asset management plans will remain.
This item is 100% feasible as it is solely a decision of Common Council.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Input was provided by Transportation & Environment Services.
Finance & Administrative Services has been advised of this report.
ATTACHMENTS
N/A
flfl�7
Appendix: Initiative Criteria Evaluation
100
80
60
U
C6
40
20
0
Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target
Financial Farget
Evaluation Notes on Asphalt Overlay Program:
• Growth & Prosperity - there will be minor impact as streets will be a priority; however, efforts
redirected to other necessary improvements.
• Vibrant, Safe City - no impact.
• Valued Service Delivery - there is a minor impact with implementing this initiative. Strategic
street infrastructure investments will continue and asset management plans will remain.
Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address
the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other
options to address the deficit.
Sustainability Initiatives Evaluated as of February 10, 2020 (Not including Continuous Improvement Items)
1. Passport to Parks
2. Lifeguards (Not added to hopper)
3. Rightsizing Recreation Facilities - Rainbow Park
Ice Surface
4. Rightsizing Recreation Facilities - Seaside Park
Lawn Bowling
5. Playground Program
6. Fire Service Fee Recovery
7. Permit and Development Approval Fees
Increases
8. Grants & Incentives
9. Growth Reserve Fund
10. Non -Resident Differential Parking Fees
11. Monthly Parking Increase
12. Parking Ticket Increases
Wel
13. On -Street Parking Increase
14. Recreation Subsidies
15. Winter Street Maintenance
16. Economic Development Agency Funding
17. Arena Closure
18. Freeze CPI Adjustments for Inflation
19. Adelaide Street Facility
20. Goods and Services Budget for Mayor & Council
(Not yet presented)
21. Fire Light Vehicle Response — Medical Calls
22. Transit Redesign
23. Community Centres
24. Asphalt Overlay Program
25. Contracted Services Reduction
26. Rightsizing Recreation Facilities — Horse Stables
COUNCIL REPORT
M&C No.
M&C 2020-58
Report Date
February 20, 2020
Meeting Date
February 24, 2020
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Summer 2020 Sports Field, Arena Floor, and Tennis Rates
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
John Collin
RECOMMENDATIONS
Your City Manager recommends Common Council:
1. approve the Summer 2020 Sports Fields, Arena Floor, and Tennis Rates
presented in Table 2 of M&C 2020-58, and
2. approve the updated Outdoor Facility Allocation Policy, attached to M&C
(404111.71:1
EXECUTIVE SUMMARY
The recommended Summer 2020 Sports Fields, Arena Floor, and Tennis Rates
are the first of a 3 -year iterative plan to implement the Recreation Subsidization
Policies, approved by Common Council in December 2019. The rates proposed in
2020 achieve 40% of the cost recovery percentage targets in the policies.
Contemplated equivalent increases in 2021 and 2022 would result in achieving
70% of the policy targets in 2021 and 100% of the approved policy targets in
2022. The additional revenues in 2021 and 2022 resulting from the rate
increases would contribute to the projected deficits in each of these two years as
a Sustainability Initiative. The 3 -year implementation plan also allows measures
by the City and user groups to mitigate the financial impact to these groups.
To remain consistent with the Ice Allocation Policy, City staff are recommending
an addition to Section 15 of the Outdoor Facility Allocation Policy. Limit and
Conditional Coverage for physical and sexual abuse is proposed to be required
for organizations/groups dealing with youth 18 years and under. The updated
Policy is attached to this report for Council endorsement.
121
-2 -
PREVIOUS RESOLUTION
On December 16, 2019, via M&C 2019-332, Common Council approved the
following Recreation Subsidization Policies:
• 50% Modified Cost Recovery Value for fields and arena floor
• 90% Modified Cost Recovery from Adult Residents
• 70% Modified Cost Recovery from Senior Residents
• 60% Modified Cost Recovery from Youth Residents
• 60% Modified Cost Recovery from School Teams from schools based in
Saint John
• 60% Modified Cost Recovery from Tournaments
• 100% Modified Cost Recovery from Non -Residents
• 100% Modified Cost Recovery from For Profit Businesses
REPORT
An Incremental Approach to Implementing Approved Recreation Subsidization
Policies
Common Council's approved Recreation Subsidization Policies were among the
content discussed at a meeting City staff held on January 16, 2020 with sports
facility user groups. Some of these groups during and following the meeting
indicated the facility rental fees they would need to pay to align with Council's
new policies would be unaffordable to their organization and membership.
City staff have heard these concerns. Staff's goal is to work with these user
groups in an attempt to maintain their sustainability while at the same time
reaching the policies and required contributions to the City's 2021 and 2022
projected deficits. In short, it's will be about balance.
One way staff propose to attain this goal is to implement the approved
Recreation Subsidization Policies in an incremental approach over a three-year
time frame (2020-2022). The incremental approach allows the user groups to
adjust to the policy over a longer period of time while allowing City staff to work
with these groups on mitigating measures, such as those described further in this
report.
Recommended Plan for 2020
City staff is recommending a partial (40%) implementation of the Recreation
Subsidization Policies in 2020. For example, instead of achieving 90% cost
recovery from adults as described in the policy, 36% cost recovery is being
recommended for 2020. The recommended recovery goals for 2020 would be as
follows:
`SOA
-3-
• 36% Modified Cost Recovery from Adult Residents
• 28% Modified Cost Recovery from Senior Residents
• 24% Modified Cost Recovery from Youth Residents
• 24% Modified Cost Recovery from School Teams from schools based in
Saint John
• 40% Modified Cost Recovery from For Profit Businesses
Table 1 below compares the modified cost recovery percentages for sports fields
(ball diamonds and multipurpose fields) and arena floor if the 2019 rates were
applied in 2020 versus applying the goals described in the preceding paragraph.
Table 1: Comparison of Modified Cost Recovery % for sportsfields, arena floors, and tennis
between 2019 and 2020 rates
Facility Type
Modified Cost
Recovery /a if 2019
rates used
Modified Cost Recovery
with'use of'staff's
recommendations for 2626
Field Youth
23%
24%
Field Adults
35%
36%
Arena Floor Youth
33%
33%**
Arena Floor Adults
33%
36%
Tennis Youth
0%
24%
Tennis Adults
0%
36%
* To remain consistent with December 2019 Council report and for comparison purposes, Cost
Recovery Percentages based on 2020 Operating Budget, no changes in demand, and
implementation of some Sustainability Initiatives.
** Modified Cost Recovery percentage is already at 33% and therefore is proposed to remain for
2020
Table 2 below displays the 2019 approved recreation facility rental rates as well
as staff's recommended 2020 recreation facility rental rates based on the
recommended recovery goals for 2020:
Table 2: City Staff Recommended 2020 Recreation Facility Rental Rates
Facility Type
Category
2019
Approved
Hourly Rates
(+ HST)
2020
Recommended
Hourly Rates
(+ ,HST)
Field
Class A Adult Hourly
$36.73
$39.00
Field
Class A Youth Hourly
$16.43
$17.00
Field
Shamrock Artificial Adult
Hourly
$64.57
$66.00
Field
Shamrock Artificial Youth
Hourly
$39.57
$40.00
Field
Class B Adult Hourly
$24.25
$26.00
Field
Class B Youth Hourly
$5.43
$6.25
Field
Class C Adult Hourly
$22.10
N/A*
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Field
Class C Youth Hourly
$4.78
N/A*
Field
Class A Adult Tournament**
$36.73
$17.00
Field
Class A Youth Tournament**
$16.44
$17.00
Field
Shamrock Artificial Adult
Tournament**
$64.57
$40.00
Field
Shamrock Artificial Youth
Tournament**
$39.57
$40.00
Field
Class B Adult Tournament**
$24.25
$6.25
Field
Class B Youth Tournament**
$5.44
$6.25
Field
Class C Adult Tournament**
$22.10
N/A*
Field
Class C Youth Tournament**
$4.78
N/A*
Arena Floor
Youth
$32.78
$33.00
Arena Floor
Adults
$32.78
$40.00
Shamrock Tennis
Court 1-5 Youth
$0.00
$5.00
Shamrock Tennis
Court 6-8 Youth
$0.00
$3.00
Shamrock Tennis
Court 1-5 Adults
$0.00
$8.00
Shamrock Tennis
Court 6-8 Adults
$0.00
$5.00
*note there are no Class C fields in 2020. St. Peter's ballfield is maintained to a Class B standard
and therefore is being reclassified accordingly.
** note in 2020 as per policy, 20% of participants in a tournament must be from outside Saint
John region for this rate to be applicable
Update on Implementation of 100% Modified Cost Recovery from Non -
Residents Policy
The Recreation Subsidization Policies endorsed by Common Council in December
2019 require that Saint John resident users of City recreation facilities should
benefit from City taxpayer subsidies (i.e., taxpayer funds used to keep facility
rental costs lower, below full cost recovery). Non-residents should contribute
100% of the modified or full cost recovery rates.
Implementation of this Policy can be achieved in various ways, as staff previously
discussed with Council, including the following options:
1. Subsidized Rental Rates with Non -Resident User Fee via Recreation Cards,
Full Modified Cost Recovery Rates with City Resident Rebates, or
A Regional Solution.
The Regional Management Task Force, initiated with Part Two of Sustaining Saint
John: A Three Part Plan, is still working toward regional service and cost sharing
opportunities. A report from this Task Force is expected in the coming months.
Citv staff is not recommendine imolementation of Ootion 1 nor Ootion 2 for the
2020 summer season (sports fields, tennis, arena floor). Subsidized hourly rates,
provided for the benefit of both residents and non-residents are being
recommended for the season. This delay will provide the Regional Management
Task Force with several more months to seek a regional solution (Option 3).
Staff's recommendation also reduces financial barriers to user groups and their
membership in line with staff's overall recommended incremental approach
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City staff plan to return to Common Council in the next few months seeking
approval of rental rates relative to the Recreation Subsidization Policies for the
2020-2021 arena ice season. In conjunction with this process, City staff would
also return to Council with recommendations to implement cost recovery targets
from non-resident users, depending on the outcomes of the Regional
Management Task Force's recommendations.
Mitigating Financial Impacts to User Groups with Implementing Approved
Recreation Subsidization Policies
Implementation of the Recreation Subsidization Policies over multiple years
provides opportunities for user groups and City staff to continue to work
together to mitigate the resulting financial impact to user groups while ensuring
Council's Subsidization Policies adequately contribute to the 2021 and 2022
deficits.
User groups can pursue opportunities in several ways, such as:
1. Increasing use of City facilities — Greater number of hours that City
facilities are booked allows the cost recovery targets to be spread out
over more utilized hours, resulting in lower per hour rental rates.
2. Seeking sponsorship — Some user groups already offset some of their
costs with sponsorship funding. Opportunities to increase sponsorship
could and should be explored.
3. Community Management — User groups can be working with the City to
assume some facility maintenance responsibilities. Note that safety risks,
the City's integrated maintenance resources, and field allocation
implications need to be considered as options are explored.
4. Increasing participation rates or registration fees — User groups may
increase participation or require their participants to pay higher
registration fees to cover the increased facility rates. With the City's
incremental implementation of Council policy, user groups may choose to
do the same in relation to increasing their registration fees over a
number of seasons.
The City will continue to seek other revenue generation and cost mitigation
opportunities that will also reduce costs to both user groups and City taxpayers
such as:
Continuous Improvement Initiatives — such as a recent change in the
City's field line -marking process that will save $10,000.00 annually.
Room/storage rentals — The City has clubhouses, rooms, and canteens at
various facility complexes. There is an opportunity to more consistently
rent these spaces for an appropriate fee that would decrease the amount
of funding needed from hourly rentals.
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Shared facility advertising — City staff are developing a process whereby
revenues from advertising at facilities would be shared with the user
group that secures it, benefiting that group and reducing revenues
needed from hourly rentals for all user groups.
Additional opportunities would be available for City arenas. These will be
discussed in a subsequent Council report.
Facility Rate Comparisons with other Regional and Atlantic Canadian
Jurisdictions
Adequately comparing Saint John's recreation facility rental rates with rates
charged in other jurisdictions is difficult and can easily lead to
misinterpretations. Through jurisdictional scans, City staff has been unable to
find sufficient examples of rental rates being charged relative to cost recovery
policies. Absent comparison to cost recovery percentages, it is not possible to
identify the level of taxpayer subsidization that a community chooses to invest.
For an extreme example, there is some evidence in other jurisdictions where a
user group is not charged at all for some use of recreation facilities, meaning
that period of use is 100% subsidized. Further, there are variations in how
jurisdictions charge for use of facilities. As examples:
• the 2019 rate for equivalent class A field in the City of Fredericton was
$35.17 + HST per hour, but add an additional $70.00 + HST fee for lights
per game was charged, and
• the City of Miramichi charged a flat rate of $200.00 per team for an class
A field for the season in 2019.
As reported in December 2019, the Halifax Regional Municipality (HRM)
completed a study in early 2019 that developed recreation facility rental rates
based on cost recovery policy. HRM Council subsequently directed staff in
February 2019 to defer the implementation of any or all fee changes until the
2020-2021 fiscal year to allow time for further review and potentially a
staggered approach to implementation. That being said, their work introduced
the opportunity for a more complete benchmarking exercise using factors such
as inventory of facilities, hours of use per facility, and associated operating costs.
It should be noted, however, that there were additional factors that do not allow
for a direct comparison of their rates with those of Saint John. Examples of
differences include: the scope of operating costs applied; incremental service
costs for users (e.g., lighting fees); and, an average full -cost recovery rate quoted
in their report (current 100% cost -recovery rates for Halifax range from
$102.83/hour for Class 'A' fields, down to $30.76/hour for Class'D' fields). The
overarching principles used for the setting of rental rates in HRM are that they
are to be based on cost recovery, they consider similar services offered by
comparator providers, and that there are no dramatic increases over current
rates, using a staggered approach if required.
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PLANNING FOR 2021 and 2022
City staff are contemplating continuing beyond 2020 the theme of an
incremental approach to reaching Council's approved Recreation Subsidization
Policies. The goal of this plan is to reach the associated cost recovery targets by
2022. Building off of the 2020 cost recovery goals, with Council's support of City
staff recommendations in this report, the plan would be to implement two
equivalent cost recovery percentage increases in 2021 and 2022 as shown in
Table 3 below. This continued incremental approach provides more time for
user groups to adapt to associated rate increases impacts.
Table 3: Suggested Modified Cost Recovery for 2021 and 2022
Facility Type
Recommended 2026
Modified Cost
Recovery %
Currently, Suggested
Modified Cast
Recovery ! for 2021
Currently Suggested
Modified Cost
Recovery ! for 2022'
Field Youth
24%
42%
60%
Field Adults
36%
63%
90%
Arena Floor
Youth
33%
42%
60%
Arena Floor
Adults
36%
63%
90%
Tennis Youth
24%
42%
60%
Tennis Adults
36%
63%
90%
Chc k dzae to enzta text,
STRATEGIC ALIGNMENT
This Report aligns with all four of Council's priorities of Growth & Prosperity,
Vibrant Safe City, Valued Service Delivery, and Fiscal Responsibility.
SERVICE AND FINANCIAL OUTCOMES
Table 4 below includes the 2020 Budgeted versus Projected Revenues as a result
of the recommended 2020 rates and the 3 -year proposed incremental plan to
reach Council's approved Subsidization Policies by 2022.
Table 4: 2020 Budgeted versus 2020 Projected Revenues
Facility Type
2020
2020
Projected approximate
budgeted
projected
increase in revenues in
revenues
revenues
2020'co pared to
budget
Sportsfields
$162,758
$179,000
$16,000
Tennis
$0
$2,000
$2,000
Arena Floor
$19,200
$20,000
$1,000
WN
TOTAL 1 $19,000
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
City staff from Finance & Administrative Services and the Sustainability Team
provided input for this report.
Consultation Session January 16, 2020
City staff continues its commitment to consult with user groups who rent the
City's recreation facilities as the City works to achieve Sustainability. City staff
invited user groups who rent City arenas, ball fields, and Shamrock tennis courts
to a meeting on January 16, 2020. Several topics related to Sustainability were
discussed at this meeting including Council's approved Recreation Subsidization
Policies and resulting potential impacts to rental rates.
The overall consultation session took place overjust short of a three-hour
timeframe, with a great deal of dialogue among those in attendance. Comments
made by the user groups were numerous and provided invaluable input for staff.
Although the full meeting minutes of the session were documented by staff for
future reference, some of the general themes that arose are summarized here,
as they relate to this report.
Those in attendance at the session generally understood the City's financial
challenges, as well as the fact that the Recreation Subsidization Policies had been
approved by Common Council. That being said, there were concerns expressed
by many around the long-term viability of their organizations with the increased
costs of rental rates. Some felt they may not be able to continue to operate,
which would result in a loss of volunteers, as well as a lost opportunity to invest
in young athletes, which could not be recuperated down the road.
A series of questions and comments were under the theme of comparison with
other municipalities; staff expressed that very few models utilizing cost -recovery
targets exist for comparison. There were several questions concerning
comparisons specifically with Halifax; details along that theme were provided
earlier on in this report. There were also comments requesting that additional
funds be invested with the goal of maintaining City fields to a higher standard,
with comparisons made to other areas. Staff pointed out that Saint John is in a
unique financial situation with regard to how much can be invested in recreation
as a municipality.
Common Council will be briefed by staff in subsequent reports on feedback
received during and following the meeting relating to other topics.
`1181:3
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Feedback from Saint John Alpines
The Saint John Alpines submitted a letter on Common Council's January 27, 2020
meeting agenda, which is attached to this report and was referred to the City
Manager.
City staff have consulted specifically with representatives of the Saint John
Alpines on a number of occasions, including subsequent to the letter referred to
the City Manager in January 2020. City staff appreciate the uniqueness of the
Saint John Alpines organization, such as:
• The high costs to the team associated with maintaining a high caliber
competitive team and the travel involved (all their competition is outside
the Saint John region, closest being in Fredericton),
• Field rates represent the third greatest cost to the organization, and
therefore increases impact their ability to remain competitive and
sustainable,
• They recognize Memorial Hardball field is underutilized compared with
other City ball diamonds given its configuration,
• As their Senior Alpines team is just one team, there is concern over
limitations to rate increase costs on a per -participant basis,
• Sponsorship is already a significant revenue stream to offset their
organizations' costs, and
• With all competition being in other municipalities, the level of
subsidization of field costs vary, which can introduce varying financial
pressures to league teams, including the Alpines.
City staff presented the Saint John Alpines representatives with the the three-
year plan to implement Council's Subsidization Policies, and the interim
mitigating measures described in this report. Although they welcome and plan
to participate in pursuing mitigating measures described in this report, further
rate increases reaching the full cost recovery policies would prove to be
challenging.
ATTACHMENTS
Saint John Alpines letter submitted to Common Council January 27, 2020
Updated Outdoor Facility Allocation Policy for approval
0046.1
At a recent meeting (Jan 16) held with field/arena users, the City outlined plans
for rental rates over the next 2 years.
The meeting was led by Tim O'Reilly. He went into detail, explaining the City's
financial situation, and some of the steps needed to balance the budget. He
explained that $10 million in savings needs to be found from various sources.
The meeting was open to, and attended by, representatives of various facility
users, such as baseball, soccer, hockey, speed skating, slo pitch softball and
others. Coun. Armstrong and His Worship Mayor Darling also attended.
Mr. O'Reilly reviewed the recovery rates for rentals on various facilities. He also
reviewed the policy, recently adopted by Council which staff is bound by, which
dictates much higher recovery rates than exist at present. The policy requires a
90% recovery rate on adult use, 70% recovery rate for Seniors and 60% on youth.
The proposal for 2020 is that these targets be set at 50% of target, and be fully
implemented for 2021.
The Saint John Alpines organization run teams that fall under both youth and
adult categories.
We do not dispute that the City is in financial trouble, nor do we dispute that
major corrective action needs to be taken. Our concern is that this policy will
result in increases that will see our field rental costs increase by 87% for 2020,
and double for 2021, going from an annual cost of (approximately) $6,000 for
2019, to (approximately) $18,000 for 2021. And it was made clear that field
maintenance would not be improved. All field users would receive similar
increases.
In addition, a levy will be placed on players from outside the City, to play on City
fields.
We have three points to make.
First, these increases are, to say the least, astronomical. We cannot operate in
2021, and 2020 is in question as well, with increases like this.
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Secondly, we are not sure that Council fully understood the implications of the
cost recovery targets, when deciding to adopt the policy. All teams and sports
have been placed in a difficult situation, as they try to decide how, or if, they can
absorb these cost increases.
Thirdly, regardless of the particular sport, the policy will have major impacts on
youth sport and their participation levels. This was seen this winter in hockey,
when the tipping point on registration was reached for many. As a community, we
believe people support youth sport, and recognize the long term health benefits.
The cost recovery model is based on some recommendations presented to Halifax
Regional Municipality (HRM). When asked in the meeting what the standards are
for Fredericton and Moncton, Mr. O'Reilly indicated that those cities do not have
that data. So point being, the decision is based on a small sample size, and also on
the fastest growing municipality in Eastern Canada. They are in a much different
place than Saint John.
The hourly rate for a AA field in HRM, which would be comparable to Memorial
Field in Saint John, is $20/hour for adult, $10 for youth. Our rate last year was
$36.73 for adult, $1.6.43 for youth, plus tax in all cases. So the starting point for
this comparison is quite different. We are not sure this was taken into
consideration, or what weight was given to it. And, it is not clear to the writer that
these recommendations have even been accepted or implemented by HRM.
We have no issue with City staff. We understand that they take direction from
Council .
Our ask is that Council "press pause" on this decision and reconsider the full
impact to sport and recreation in the City. However, the reality is that
spring/summer sports are already gearing up for their seasons, so need clarity,
quickly, on field costs, so that they can make the decisions that they need to
make. So if Council is gracious enough to consider this request, we would also ask
for a timely response.
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131
Again, our sense from the meeting last week is that users are prepared to pay
more. But there is a limit to what can realistically be expected. As well, we fully
recognize that every group being affected by the present situation will not want
to have their budget cut or costs increased. We get it. But a 175% cost increase
is, frankly, too much. The Alpines rates for games and practices are already the
highest in the Province.
Hourly Field Rates Junior Senior
2015 N/A $ 22.65
2016 N/A $ 29.45
2017 $14.58 $ 31.16
2018 $14.87 $ 34.50
2019 $ 16.43 $ 36.73
There has been a 62% increase in Adult rates from 2015 — 2019. If proposed rates
are implemented we will have a 342% increase from 2015 .,-•-- 2021
Thank you for your consideration.
On behalf of the Saint John Alpines Senior and Junior Baseball Teams
Kevin Ferguson 57 Scotiaview Drive 647-8076
Terre Hunter 50 Fenton Drive 672-1033
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1. FIELD OPENINGS
OUTDOOR FACILTIY Allocation POLICY
(including arena floor rentals)
• Baseball/softball diamonds and sports fields open on the Friday before the Victoria Day long
weekend in May (May 15, 2020), weather permitting.
• Emera Artificial Turf Field opens April 1, 2020, (potential for earlier dependent on the weather).
2. FIELD CLOSINGS
• Baseball/softball diamonds close on September 7th, 2020
• Memorial Park and Forest Hills A Levels fields remain open until the second weekend in October
to accommodate High School play and to finish adult league play.
• Multi -use sports fields will close on the second weekend in November.
• Emera artificial turf field at Shamrock Park will close the second weekend in November. Staff will
close the field earlier/cancel bookings in the event of a large snowfall prior to the set closure
date. The field may be opened upon request weather permitting.
3. CURFEW
• All fields with lighting must end play by 12:00 midnight, as lights cannot be left on any later than
this time per City bylaw.
4. OFF SEASON ARENA OPENINGS/CLOSING
• Arenas will be open for arena floor bookings beginning Monday, April 13th, 2020
• Arenas floors are closed for the season on September 20, 2020- unless stated otherwise.
S. TENNIS COURTS OPENINGS/CLOSING
• Opening of the tennis courts is weather dependent and will be at the discretion of Parks and
Recreation Staff, (April or May).
• Closing of the tennis courts is weather dependent and will be at the discretion of Parks and
Recreation Staff, (mid to late October).
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6. PRIORITIY SCHEDULING PROCESS
The City of Saint John will allocate outdoor facilities, (arena floor) according to the following priorities:
1. City of Saint John Programs and Special Events.
• Priority may be given to City of Saint John sponsored Special Events (Provincial & National
Sporting events), dependent on the scope.
2. Youth Associations, Organizations, and Groups.
• Non-competitive and Competitive Youth Groups will be non-profit and based in the City of
Saint John.
• Will be established providers of quality sport and recreation programs for youth.
• Membership in the group will be made up predominantly of City of Saint John residents.
• Youth Associations, Organizations, and Groups must also:
■ Be guided by a constitution and bylaws
■ Have an auditable financial statement
■ Be affiliated with a Sport Governing Body
■ Have an elected board of directors
• Non-competitive and Competitive Youth Associations, Organizations, and Groups may be
required to produce evidence that the above conditions are met.
3. New Brunswick Department of Education and School Districts.
• Publicly funded schools recognized by the province of New Brunswick as an educational
institution, located in the City of Saint John.
• Membership in the group will be made up predominantly of City of Saint John residents.
• When schools are booking Department of Education owned fields, they will receive first
priority until 5pm for practices and full priority for games, providing that booking deadlines
are met.
4. Adult Associations, Organizations, and Groups.
• Purpose of the Association, Organization, or Group is to involve individuals in recreation and
sport.
• Membership in the group will be made up predominantly of City of Saint John residents.
5. Commercial and Occasional Users.
• For profit organizations or individuals that use ice time with the intent of generating
positive net income.
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134
7. RESIDENCY REQUIREMENTS
The City of Saint John recognizes the tax -based contributions provided by its residents toward the
development and operation of recreational facilities. The City of Saint John also recognizes that
residents will always receive priority over non-residents; therefore, it shall be the guideline of the City
of Saint John to require applicant groups to demonstrate that a minimum of 75% of their total
membership are residents of Saint John in order to be placed in the allocation priorities. Those groups
who do not meet the 75% requirement will be placed in order of residency rate in the allocation
process in their respective sections. Groups that are not based within the City of Saint John and have
zero Saint John residents will be booked last overall. The City of Saint John reserves the right to impose
residency requirements or limitations on field applicants where field capacity is restricted (i.e. where
demand outweighs supply).
8. RESIDENCY INFORMATION
The City of Saint John reserves the right to request that applicant groups submit to Parks and
Recreation their membership lists from the current year including participants' telephone numbers and
addresses, for review. If membership lists are not provided within the specified timeframe, it will be
assumed that 100% of the members from the applicant group are non-residents. All information
submitted will not be shared and is for verification of residency only.
9. DEADLINES FOR FIELD REQUESTS AND CONFIRMATION
10. TOURNAMENTS/SPECIAL EVENTS
Any groups wishing to use City fields for a tournament should contact 658-2908 or www.playsi.ca to
make the necessary arrangements:
a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being
a Registered Charity.
b) Groups fundraising for a Registered Charity, (donating all proceeds of the tournament) will receive
a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity
confirming the donation. Pictures of cheque donations are not accepted.
c) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is
due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice
will result in loss of the deposit, cancellation without 30 days' notice the user will be required to
pay 50% of the billed amount less the deposit.
`19191
Applications
Contracts out
Contracts Signed &
Deadline
Returned
Spring
2nd Friday in February
Last Friday in
2nd Friday in March
February
Summer
3rd Friday in March
Last Friday in
2nd in Friday in April
March
Fall
1St Friday in June
3rd Friday in June
Last Friday in June
10. TOURNAMENTS/SPECIAL EVENTS
Any groups wishing to use City fields for a tournament should contact 658-2908 or www.playsi.ca to
make the necessary arrangements:
a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being
a Registered Charity.
b) Groups fundraising for a Registered Charity, (donating all proceeds of the tournament) will receive
a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity
confirming the donation. Pictures of cheque donations are not accepted.
c) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is
due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice
will result in loss of the deposit, cancellation without 30 days' notice the user will be required to
pay 50% of the billed amount less the deposit.
`19191
d) Tournaments must be paid in full prior to booking.
e) Rentals are not confirmed until all applicable fees are paid in advance of usage, a invoice is signed
and appropriate insurance documents have been provided, or purchased through the city carrier.
f) Any groups planning on serving food (example: BBQ or Food Truck), where canteen operators are
already in place need to gain approval from the Parks and Recreation Department. Canteen
Operators have the catering contract for that sporting facility and must be contacted prior to the
tournament for approval, or cooperative vending. Groups disregarding this policy will be charge a
noncompliance fee.
g) When booking field time, please take into account the time required for set up and take down.
h) Bases are not provided at the fields.
i) Included in the rental is the first lining of the field. Any additional lining will need to be requested
and additional fees applied.
11. BOOKING A FIELD
All initial seasonal field booking and tournament requests must be submitted by completing an
APPLCATION FOR SPORTSFIELDS FIELDS, ARENA FLOOR, TENNIS COURTS or TOURNAMENT/EVENT
REQUEST form. These forms can be found online (www.playsi.ca), and will be sent out to all documented
users at the beginning of each season. Requests will not be taken via email.
For rainout rebookings, please call 658-2908 or email recandparks@saintiohn.ca with the following
information: group name/contract number, field/date/time you had booked and what date you are
looking to reschedule to.
12. SERVICE FEE BILLS
Facility invoices must be signed, (acknowledging fee payment) and returned to Parks and Recreation
prior to use.
Payments are due payable by the dates listed below. Failure to pay your bill will result in your future
field time being cancelled. This policy will be strictly followed. Late payment fees will apply. Previous
years contracts must be paid in full before new field bookings are allocated.
*Tournaments must be paid in full prior to booking
Season
50% Payment Due
Remaining Balance
Spring
Last Friday in April
1 week after last scheduled
booking for the season
Summer
Last Friday in June
Fall
First Friday in October
13. CANCELLING USE OF FIELDS IN INCLEMENT WEATHER
Parks and Recreation reserves the right to cancel scheduled usage of City Fields due to inclement
weather. Sports fields in the City of Saint John will be considered UNPLAYABLE if any of the following
conditions exist:
1. Visual ponding of water on the surface of the field/diamond.
2. Water sponging up around your feet when walking on the field/diamond.
3. The time of year and the cumulative amount of stress on the field/diamond.
Staff understands how important it is for groups to play their scheduled games, therefore, staff will make
every effort possible to prepare fields for scheduled play by the 3:00 pm (City Fields) deadline. Parks and
Recreation has a recorded message regarding City field closures, which you should call if the weather is
inclement: 652 -PLAY (7529).
If weather conditions deteriorate after the 3:00pm deadlines and your group is at a field where the
above criteria exist, you are asked NOT to play the field. Please notify the Parks and Recreation
Department in the event you do not use the field due to weather, so your invoice can be adjusted
accordingly. This needs to be done in a timely matter. Cancelation due to weather will not be accepted at
the end of the season.
Please note: No two fields drain the same way and some fields are prone to holding standing water
more than others. In this case, these fields may remain closed while others maybe cleared for play.
Also note that our fields will generally drain less water in early spring and fall when the water table
tends to be higher than the summer months; therefore, field closures may be more frequent at these
times.
Experience has shown that most turf damage occurs when fields are overused or when fields are used
during unplayable conditions. Please help keep our fields safe and playable.
Other Factors to be Considered
There are some situations when staff will consider factors other than the existing standing water on a
field, water sponging around their feet, or the time of year when judging a field's playability. These
factors include the following considerations:
• Championship game of a tournament or playoff season
• The game involves a team from out-of-town that has left for Saint John or has already arrived
• A high profile event (Provincials, Eastern Canadians, Nationals)
It would be appreciated if you would contact 658-2908 if you will not be using your field or your season
has come to a close. This information is communicated to our maintenance staff.
14. USER CANCELLATION PROCEDURE
Users are expected to give adequate notice of cancellation to allow staff the opportunity to resell field
time. The user must cancel any field time 5 business days prior to the scheduled booking. Failure to
do so will result in the user group being charged full price. Cancellations for past field time will not be
accepted. Example: Calling in July to cancel field time from June, because it was not used. Elimination
series will be exempt from this deadline.
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15. INDEMNIFICATION AND INSURANCE REQUIREMENTS
The user must, at all times, keep in force and in effect a Comprehensive General Liability insurance
policy. A copy of the insurance certificate must be presented to the City of Saint John before the
scheduled field time, with the following requirements being met:
a) Minimum limits of two million ($5,000,000)
b) The City of Saint John added as "Additional Insured"
c) A cross liability clause
d) For organizations/group dealing with youth 18 years and under, Limit and Conditional Coverage for
physical and sexual abuse is required.
e) The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John.
If any group does not have the required insurance coverage, it can be purchased through the City of
Saint John's insurance carrier for a nominal rate.
Baseball/Softball Teams- The normal and prudent practice is for the Catcher to wear full protective
gear and the Batter to wear a helmet when playing any organized baseball/softball game. Therefore
any deviation from that would be in effect a 'negligent' practice and an unacceptable risk. If a players
was to get injured in the above two positions and was not wearing the described protective gear they
will not be covered under the City insurance if they get injured
16. GROUP REPRESENTATION
In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no
more than two representatives to serve as liaison between Parks and Recreation and their group. All
communications between the group and Parks and Recreation should, at all times, be channelled
through each group's representatives.
17. ADVERTISEMENT AT FACILTIES
Individuals/groups wishing to display signage at our outdoor facilities must first obtain approval from the
Parks and Recreation Department. Sign dimensions, colors, material, location and message should be
taken into consideration and approved. All approved signage is required to be installed by city staff and
installation fees applied.
18. CONCESSIONS
The City of Saint John establishes agreements with specific providers to operate the concession stands at
the Memorial Field, Forest Hills, and Shamrock Park; therefore, no other concessions are allowed to be
set up on City property without proper consent from the concession operator and the City of Saint John.
19. ADDITIONAL FEE/INFORMATION
Please make it a habit to bring your contract to the field with you to avoid any confusion
regarding field bookings.
`191:3
• Respect and adhere to scheduled time limits.
• After field use, it is required that all trash be picked up and placed in the proper receptacles.
Special attention should be focused on the team area. Please return all equipment from where it
was found; do not drag goals or equipment. Please report any field issues or concerns to Jen
Reed, Sports Liaison at 658-2908.
• The City does not provide bases at any fields.
• If any league or team representative has a special request for field maintenance services, please
call 658-2908.
• Field opening and closing dates may change on a per field basis depending on maintenance and
resting needs.
• Please draw league schedules and playoffs to fit within the dates indicated.
• Effort will be made to schedule the artificial turf field (Emera Field) as to provide as many user
groups as possible with access to the field. Groups may be asked to change field requests to
accommodate this process.
• Emera Artificial Turf Field; to protect the field surface and avoid conflict between users, we ask all
groups, officials, and spectators to be aware of the following forbidden items, and conditions of
field use. Coaches are responsible for the conduct of their team.
A. Prohibited on Field:
■ Glass
■ Fireworks
■ Pets
■ Seeds
■ Sharp objects (do not make turf punctures with stakes, pins, metal cleats)
■ Flavored drinks (colorless water ONLY)
■ Unauthorized vehicles
■ Bare feet
■ All spectators must remain outside of the fences in area.
B. Cleats/Footwear:
Molded plastic cleats not exceeding 2 inches, turf shoes, or running shoes are
permitted. All players must clean their cleats from dirt before walking on the
field. Metal cleats and screw in plastic cleats are forbidden. Home teams must
notify away teams of these rules.
20. ADDITIONAL OUTDOOR FACILTIY FEES
Charge Fee
NSF $25
7
139
Late payment fee
$50 -Team
*additional $25 per week payment is late
$200- League
*additional $25 per week payment is late
Reinstatement Fee
$200
Previous account has gone unpaid and sent to
collections.
*user must follow the delinquent account
payment terms. If adhered to terms the
reinstatement fee will be returned.
Delinquent Account
• 25% of invoice is due prior to first
(applied to accounts that were delinquent the year previous)
booking;
• 25% due within first quarter of season,
• 25% due halfway through season,
• 25% (remainder) due three quarters of
the way through season.
Mass Cancellations
$100 — Team
(Summer Field Season)
$200 —League
If groups cancels the allotment of hours below after the
$300 — Tournament
2nd Friday in June , the fee will apply:
• Teams = 10 hours
• Leagues = 20 hours
• Tournaments = 20 hours
Non Compliance
$50 per week, to a maximum of
(request for residency information)
$200 if they never submit plus will not be
eligible for priority bookings the following year.
Field Tournament Deposit
$200
Non Booking fee
$cost of field rental + $50
(groups using field without booking)
Field Clean Up
$50 first time offense
$100 any recurring offenses
Field Double Bookings
Offender shall pay the cost of the other team's
booking, plus $50.
Void Key Deposit Return
$100
Repeat infractions may result in loss of key
privileges.
Ballfield/Softball Lining
$75
(5 business days' notice is required. Late requests may be
subject to additional fees. Lining services are available during
regular working hours.)
Multipurpose Field Lining
$250.00
(5 business days' notice is required. Late requests may be
(Soccer/Lacrosse/field hockey /Rugby)
subject to additional fees. Lining services are available during
regular working hours.))
$400.00
(Football)
Mound Installation
$500
Signage Installation
TBA
N
LOCH LOMOND
FOUNDATION
Together, working for quality
City Of Saint John
Colleen O'Connor
P. O. Box 1971
Saint John, NB E2L 41_1
On Friday, May 8th, 2020 Loch Lomond Villa Foundation will host our 19th Annual
Fundraising Dinner & Auction at the Saint John Trade & Convention Centre. Our theme
this year is "The Ultimate Tail Gate Party" and we are looking for your support!
Last year, with help from our amazing sponsors, our event raised $59,487. This helped
us purchase five Invacare Fully Electric Beds, Replacement Mattresses for existing beds,
4 Wheeled Walkers, a Nordic Relax Chair, the ever -popular Music Therapy program and
so much more! With your support, we hope to meet our goal of $60,000!
We are asking for you to support us through a Sponsorship Gift and have included an
attachment with the gift levels and the recognition you will receive. Additional tickets
for "The Ultimate Tail Gate Party" are $125 each.
Event tickets and sponsorships will be available for purchase online. You can visit
www.11vf.caevents for the link or contact the Foundation Office should you require an
L_
invoice. Purchasing online will ensure you receive important updates prior to the event
including your table number, early preview of the online silent auction items and event
announcements. The online silent auction bidding will open on April 28th, 2020!
Your support of this event will help us continue to "Improve the quality of life for the
residents and families of Loch Lomond Villa." We look forward to receiving your
support and will follow up with you in the coming weeks.
Sincerely,
Cathy Taylor
Executive Director
185 Loch Lomond Road P: (506) 643-7110 1 4jv,
Saint John, NB E2J 3S3 E: foundation@lochlomon 11a.com
J�,ee Ce,
Bruce Hanson
Board Chair
O/LLVFoundation 0 @LLVFoundation
www.lochlomondvillafoundation.com
LOCH LOMOND VILLA FOUNDATION
19TH ANNUAL SPRING FUNDRAISING DINNER
LOC HL OMOND
Viq Ua May 8th, 2020
FOUNDMON DIAMOND GIFT
Presenting Sponsors
$10,000
1. Company name/logo will be placed on all print and radio advertising recognizing you as a major donor.
2. Your contribution will be recognized on our Donor Recognition Wait at Loch Lomond Villa.
3. A table of ten (10) tickets will be provided for you to attend the dinner.
4. Your company name will be acknowledged at the podium by the EMCEE.
5. Opportunity to speak to the audience during the event.
6. Your company logo will be featured in video presentation .
7. Your company logo will be listed on the website.
8. Social Media engagement/ recognition.
9. Your company name will be featured on your table identification.
10. Your company logo wilt be featured in the Event Program.
PLATINUM GIFT
$5,000
1. Your contribution will be recognized on our Donor Recognition Wall at Loch Lomond Villa.
2. A table of eight (8) tickets will be provided for you to attend the dinner.
3. Your company name will be acknowledged at the podium by the EMCEE.
4. Your company logo will be featured in video presentation.
5. Your company Logo will be listed on the website.
6. Social Media engagement/ recognition.
7. Your company name will be featured on your table identification.
8. Your company logo will be featured in the Event Program.
GOLD GIFT
$3,000
1. A table of eight (8) tickets will be provided for you to attend the dinner.
2. Your company name will be acknowledged at the podium by the EMCEE.
3. Your company logo will be featured in video presentation .
4. Your company logo wilt be listed on the website.
5. Your company name will be featured on your table identification.
6. Your company logo will be featured in the Event Program.
SILVER GIFT
$1,500
1. Two (2) tickets will be provided to attend the event.
2. Your name and/or logo will be acknowledged in the video presentation
3. Your company logo will be listed on the website.
4. Your company logo will be listed in the Event Program.
BRONZE GIFT
$1,000
1. Your name will be listed in the Event Program and on the website.
From: patricia king
Date: February 11, 2020 at 1:11:32 PM AST
To: "MacKenzie, John" <John.MacKenziegsaintjohn.ca>
Subject: World Kidney Day Breakfast
Hi John
I was wondering if you and the members of Council would like to buy any tickets for the
"World Kidney Day Breakfast" this year? It is March 12 at the Trade and Convention Centre at
730am. Tickets are $25 each.
Sincerely
Patti King
(7 year living kidney donor)
Sent from my iPhone
`[SCI
Imperial Theatre's Formal Presentation to Common Council
Monday, February 24, 2020
Imperial Theatre formally requests:
That Common Council:
Rejects the proposed elimination of contributions to Imperial Theatre by removing it from the
Regional Facilities Commission as an option to be considered in addressing the entirety of the deficit
in 2021 and 2022. (Dependent on legislative changes related to the Regional Facilities Commission)
Executive Summary:
Imperial Theatre is an 852 -seat historic theatre that has enriched our community through live
performance and outreach programming for over 26 -years since its restoration and reopening. A
successful and independently run charitable organization, Imperial Theatre is our region's premier
Performing Arts Centre. The organization has demonstrated excellent and responsible fiscal
management through its history and has become a cultural leader not only in Southern New
Brunswick but through the Atlantic Region, across Canada, and internationally, putting Southern NB
on the radar of touring artists. Imperial is also leading the charge in their commitment to valuable
and sustainable connections to our growing non -born Canadian community.
Should Council decide at a future date to proceed with, and are successful in their request to the
Province to have Imperial Theatre removed from the Regional Facilities Commission, the impact on
the organization is significant. Such an action would entail a total loss of funding of $548, 604, as it
would also result in the loss of the grants provided by the Towns of Grand Bay — Westfield, Rothesay
and Quispamsis. This cut would signify a 25% in Imperial Theatre's total operating budget.
12 King Square South I Saint John, NB I E21L 5138 1 506.674.4100 1 imperia[theatre.ca
144
REPORT:
Imperial Theatre
Mission
Mission Statement:
We enrich, engage and inspire our community through the performing arts.
Mandate:
• To enrich the community by providing a professional quality, multi-purpose facility;
• To engage audiences through world-class entertainment experiences;
• To encourage (inspire) the presentation of local productions and the development of the
a rts.
Value Statements:
Imperial Theatre is dedicated to managing its business based on the following core values:
We value our building and as such are committed to preserving and promoting its history and beauty.
We value our community and as such we endeavour to provide a quality entertainment experience
to a wide-ranging audience.
We value our people and as such we strive to create an atmosphere of collaboration, teamwork and
excellence for our staff and stakeholders.
We value the performing arts and as such we welcome and are supportive of our performers.
Imperial Theatre is an 852 -seat proscenium Theatre located in Saint John New Brunswick on
Canada's East Coast. Originally opened in 1913, Imperial Theatre is hailed as the most beautiful
restored theatre in Canada. In operation for 26 years since the grand re -opening in 1994, Imperial
Theatre is Saint John's premier performance space.
While Imperial Theatre started as a restoration project 36 -years ago, it is more than a building. It is
the heart and soul of our community where we connect and include individuals from all walks of life
through diverse artistic and cultural experiences.
Activities:
Imperial Theatre fulfills its mission by providing:
1. Rental Venue - Imperial provides a professionally equipped and staffed facility to local rental
clients such as Symphony NB, Saint John Theatre Company, Interaction School of Performing Arts
and dance schools for year-end and holiday recitals. The Rental side of the business has also
been developed to included weddings and graduations, local fundraising events and private
corporate events. Promoters from across Canada and around the world use the facility to present
national and international artists in genres such as popular music, comedy and children's
entertainment.
2. Presentation Series - Imperial itself curates and presents a season of 35-40 live performances for
general audiences and students as well as a retro film series each year. Funded by all three levels
of government, this presentation series ensures that citizens of the Southern New Brunswick
region have access to a wide variety of artistic and cultural experiences.
3. Community Engagement -From guided tours to intergenerational outreach events, from
workshops and master classes to artist talks, kitchen parties and the senior's music therapy
program, Imperial engages the community with the arts, with our historic building, and with each
other.
Impact
Annual attendance at Imperial Theatre events, both ticketed and non -ticketed, is over 50,000. An
average of 700 local performers appear on our stage each year. With an average of 12 volunteers per
show, our volunteer corps of just under 100 individuals log nearly 10,000 volunteer hours per year as
ushers, stage door personnel and tour guides. In addition to our full-time staff of 16, Imperial employs
approximately 25 people part-time over the typical year.
The economic impact on the region of Imperial Theatre's ongoing operations is considerable, both
directly in sales, purchasing and employment but also indirectly through the many dollars spent on
dining, driving, hotel rooms and all the activities that go with a night at the theatre.
It is also an important part of the retention and recruitment resources to the city and surrounding
areas. In a 2008 survey, 90% of Canadians said that performing arts facilities are important to quality
of life, sense of pride in the community, and economic development. Current research shows a strong
correlation between arts attendance and improved health, greater civic engagement ranging from
volunteering to voting, and better education outcomes.
The Imperial is also taking direct action to support the city's current population growth strategy
through the development and implementation of Imperial Theatre's Ambassadors Program. This
program engages and connects newcomers and citizens of Saint John to other social and professional
networks through the performing arts, culture and heritage. Imperial Theatre is one of the most
visited landmarks in Saint John, and enriches, engages and inspires people from all walks of life
through its operations. Cultural venues like Imperial Theatre are vital assets to municipalities and play
a key role in attracting newcomers.
M111.1
Structure and Funding
Imperial Theatre is an independent non-profit organization governed by a volunteer board of
seventeen directors. The municipal councils of Grand Bay -Westfield, Rothesay, Quispamsis and Saint
John each appoint one board member, with the rest being elected by the theatre's general
membership.
The chart below outlines Imperial Theatre's 2019-2020 funding sources, with 25% of the annual
operating budget from an operating grant from the Greater Saint John Regional Facilities
Commission. The remainder of the theatre's nearly two -million dollar operational budget is
supported by revenue earned through rentals, presentations and fundraising.
IMPERIAL L 111 1EATRE
:edeir l iru III' iro
%
Mk C
251 rti
[N/
SeasoiniI III IVdcet ' eveVrIiue
1.9%
The Theatre's business model is based on a National model that is used in many Performing Arts
Centres (PACs) across Canada. In many cases PACs are independently owned, like Imperial Theatre,
the Fredericton Playhouse and the Capitol Theatre in Moncton. In other communities they are
owned and operated by the Municipality. In either case, PACs are recognized as regional facilities,
and are municipally funded, although each relationship between PACs and their Municipalities is
unique.
Imperial Theatre and other PACs can access operational funds from the Department of Canadian
Heritage under the Canadian Arts Presentation Fund (CAPF). This money can only be used
specifically for expenses related to presenting shows and represents approximately 2.5% of
Imperial's overall budget.
Provincial funding is limited to student Employment Grants, Professional Development and some
limited Presenting funding and generally accounts for less than 1% of the Theatre's overall funding.
The Federal and Provincial Governments do however, support Imperial Theatre for Capital Projects.
The model works if the Municipality helps fund day-to-day operations and the Federal and Provincial
Governments contribute to the care and upkeep of the physical structure, internal systems and
technical equipment.
New Brunswick Performing Arts Centres Revenue Comparison 2018-2019
Revenue
Imperial
Playhouse
Capitol
Ontario
Average'
Rental & Services
21%
22%
20%
48%
Ticket Sales and Advertising
19%
20%
37%
24%
Municipal
25%
31%
23%
15%
Federal / Provincial
4%
3%
3%
3%
Private Sector Funding
24%
5%
7%
4%
Other Earned
7%
19%
10%
6%
100% 100% 100% 100%
' Ontario stats are from a 2017 Financial Analysis Survey conducted by Ontario Presents. The results are based on
surveys of 21 Performing Arts Centres, 18 of which are 1 u4 icipally owned and operated.
Capital Needs
As an independently owned and operated facility, Imperial Theatre Inc. must fundraise 100% of all
monies required to maintain, repair and upgrade the building, its internal systems and technical
stage equipment.
Since 2004 the Theatre has completed $6 Million worth of upgrades, replacements and repairs,
including: replacement of the exterior cladding on the six -story stage house, the complete
refurbishment, re -pointing and replacement of the original brickwork and terracotta on the front of
the building, roof repairs, passenger elevator upgrades, accessibly seating expansion, technical
equipment upgrades, marquee replacement and lobby refurbishment.
11IMPER111AL T111 °°l MITA L FUNDING
I oTT_ r+�
Private D,
uv irwaoe a o°u i�xuu�iatuu.uurus
.6%c
�.... . . . . .�impeii1ii III °rlhie tuime
a uiriu fliounu
141%
h,<I�rI ICI Y
Patrons
Imperial Theatre's reach extends far past the town limits of Saint John, Rothesay, Quispamsis and
Grand Bay -Westfield. As the only professional theatre in Southern NB, the organization services the
outlying communities and parishes. Programming choices are informed by ticket sales history,
artistic excellence and popularity, focusing on all disciplines in the arts. Imperial Theatre strives to
bring a wide variety of artists and shows so as to appeal to as many people as possible in our corner
of the province.
In addition to curating a multi -disciplinary season, Imperial Theatre has been programming an
education series for school ages students since 1994. Each year over 2,500 students from St.
Stephen to Sussex are given the opportunity to come to Imperial Theatre to see curriculum or
socially relevant shows with their classes. This program is critical to students in our region, providing
exposure to new artistic experiences and introducing them to their community's performing arts
centre. This year for the first time we have been able to make the program entirely free for students
through the support of private foundations. With the generous support of local service clubs
Imperial Theatre is also able to help schools pay for busing to the theatre.
2018-2019 Contribution to Imperial Theatre from RFC vs Usage
RNANOAIL coN"rMuu➢nON "ro
IMPEMAL 'rF1EXrR: E BY 'TOWN/crry U PEMAIL 'r11EXrRE " CKE"rs SALES
"rFIROUG -1 °nlE RFC BY "TOWN/ crrY 201.8...201.9
auiisly it sis
I Ll i
14%
6%
`N7i7
urispa irrak s
N.in/
F,", I.PiC1
1,0%
DtIlhicnir r41113 il:orrrrnuini ua,n
j
Saint
Grand IBany- killrua
Westfield 57%
4%
Usage and Rental Clients
In the 2018-2019 Season, Imperial Theatre was in use a total of 174 days, with 157 performances.
Imperial Theatre presented 14 films and 48 live performances from across Canada and around the
world. Rental clients used the building 101 days with 95 performances.
Rental clients range from Saint John Theatre Company and Symphony New Brunswick to
professional promoters who are touring artists through Atlantic Canada. It also includes corporate
rentals for staff presentations, client appreciation events and even weddings. Organizations and
community groups use the theatre to mount fundraisers and celebrations like the Asian Heritage
Societies Chinese New Year's Celebration or the Saint John Regional Hospital Foundation's Medical
Dragons Den. The theatre has been used to film music videos and promotional videos for artists and
companies. Dance Schools use the theatre to mount their Christmas and Year -End Recitals, giving
young local dance students the opportunity to perform on the stage.
Of the 52 rental clients who used the theatre in 2018-2019, 30 were local, accounting for 60% of the
theatre's rental business.
Professionai u I,, ,
r i f,s v
G: %
�..o".P icaI I!,t V"o.,ufau},9s4„iG o""u
10%0
LocaIIII!Iiilvafi
3%
RENTAL CL111ENT
151
ua<,A III"uiriud IIRali&iiuriug
5%
Impact on Operation if Imperial Theatre is removed from the Regional Facilities
Commission.
With the total loss of municipal funding, Imperial Theatre will eventually be forced to close its doors.
While not immediate, this would likely happen in a short period of time and even if funding gets
reestablished the damage done could be irreversible. There is not a scenario of ticket price increases
and cost reduction that would enable the Theatre to continue to operate after losing 25% of its
funding.
Service reduction impact.
Removal from the Regional Facilities Commission would result in a 25% cut in the Theatre's
operational budget. The local economy and population could not sustain the rental rate increases
and ticket price increases required to close that gap. The Theatre is already doing an excellent job
leveraging support from the private sector, even with a significant increase in Corporate
Sponsorship it would not be enough.
The money received from the Regional Facilities Commission is the base of the organization's
budget. It helps fund day to day operations, utilities, essential system maintenance and costs and
basic administration. This enables the organization to expand programming and leverage other
revenue streams to fund a diverse presentation series and achieve its core mission to enrich, engage
and inspire our community through the performing arts.
Partial Municipal cuts would result in programming and staff cuts. It will also mean fewer smaller
shows and more mainstream shows being presented which will negatively affect the quality and
diversity of performing artists coming to the city. Imperial Theatre takes great care to program with
diversity in mind, but with fewer shows and no city support, creative programming will not be
possible. This will limit genres like dance, theatre, family shows and any music beyond popular
genres.
High production shows will be impossible to mount. International Artists, Broadway Musicals,
Circus, large spectacle shows, although popular, will be too expensive to present without being able
to subsidize ticket pricing.
With the reduction in shows, retaining and attracting well trained stage technicians will become
more difficult. Imperial Theatre is the only arts organization that currently employees stage
technicians on a full-time basis (2 of which we recruited from out of province). Without this
technical expertise the quality of shows will start to diminish.
At least 4 full-time positions would have to be eliminated, as well as a reduction in part time hours
by 40%. Such a cut would also result in 30% less promotional monies available to be spent with
local media. Instead a focus on more free and social media -based advertising will be used.
Ultimately this could lead to lower attendance.
One of these positions would of necessity be the person a dedicated person to run the outreach
programs and secure the private funding that helps underwrite their costs. As a result outreach
activities would be cut back to what can be managed by remaining staff. Approximately 300 Seniors
will lose on-site performances in their residences due to these cuts. Teachers and students (2500
students including those in priority neighbourhoods) will now have to purchase tickets and pay for
busing to the theatre to participate in the school series programming.
BUDGET SCENARIOS
The city asked us to put together the impact of 4 different scenarios (cuts of 100%, 50%, 20%, and
10%). The following budgeted income statement and a table of impacts summarizes that effort.
Note the ticket price increases that would be required in scenarios 1, 2, and 3 in order for the
Theatre to balance the budget (ticket volumes are held constant). Those increases would not be
possible, therefore under those scenarios, the Theatre would not be able to operate as a viable
going concern.
Imperial Theatre Inc.
Based on 2019-202+0 Bu+dlget Scenario 1
Scenario 2
Scenario 3
Scenario 44
CURRENT 100% Cut
50% Cut
20% cult
10% cut
BUDGET from RFC
from RFC
from RFC
from RFC
REVENUE
1,526,155
1,795,531
2,145,034
2,134,225
CURRENT
Show / Event Revenue
996,529
1,146,411
1,097,328
1, 197,119
11,084,619
Municupal: RFC - City of Saint
352,245
0
176,122
281,796
3'117,020
John
313,770
300,015
302,982
318,232
318,424
Municupal:RFC : Town of
178,487
1119,437
134,437
178,487
178,487
Grand Bay- Westfield,
189,670
0
94,835
151,736
170,703
Rothesay and Quiisparnsis
2,148,074
1,526,155
1,795,531
2,145,034
2,134,225
Provincial! Federal Gov't
81,200
37,000
57,000
62,000
67,000
Funding
Private Fundraising/
528,430
342,745
370,245
452,383
494,883
Sponsorships
TOTAL REVENUE 2,148,074
1,526,155
1,795,531
2,145,034
2,134,225
CURRENT
100% cut
50% Cut
20% cut
10% Cut
BUDGET
from RFC
from RFC
from RFC
from RFC
EXPENSES
Personnel
1,008,770
710,592
859,987
974,847
963,847
Programming
625,547
371,112
471,624
636,967
6.36,967
Facility & Operations
313,770
300,015
302,982
318,232
318,424
Administration
178,487
1119,437
134,437
178,487
178,487
Fundraiising
21,500
25;000
26,500
36,500
36,500
TOTAL EXPENSES
2,148,074
1,526,155
1,795,531
2,145,034
2,134,225
Surplus/(deficit) on operations
0
0
0
0
0
`M
Community Impact
Community Partners who will beaffected 6vthe cuts:
Schools Dance Schools
Seniors Residences Interaction School ofPerforming Arts
Girl Guides Theatre Students
Bi Brothers Big Sisters Greater Saint John Chinese Cultural Association
PALS program/ Promise Partnership program PRUDE
Asian Heritage Society ARCF
Saint John Multicultural and Newcomers Association
Scenario 1
Scenario 2
Scenario 3
Scenario 4
100% Funding Cut
50% Funding Cut
20% Funding Cut
�10% Funding Cut
Business Actions
Ticket Pricing
204% Price Increase
93% Price Increase
SS% Price Increase
23 % Price Increase
Shows Presented
20 Fewer Presented Shows
10 Fewer Presented
Less diversity in shows
Less diversity in shows
I
Shows
Rental Rates
28% Rate Increase
28% Rate Increase
28% Rate Increase
28% Rate Increase
School Subsidies
Eliminated
Eliminated
Not Affected
Not Affected
Outreach Activities
80% reduction
80% reduction
Not Affected
Not Affected
Community Impact
Employment at the
4 full-time positions
2 full-time positions
No full-time impact
1 senior full-time positior
Theatre
eliminated
eliminated
11% reducUon in Part-
eliminated, 1 junior
21% recluct�on in part-timE
11% reduction in part-tim
time hours
position added
hours
hours
11% reduction in part-tim
hours
Audience Members
7,500 fewer patrons
3750 fewer Patirons
No Impact
No imipact
Students
1000 fewer priority
1000 fewer priority
No Impact
No imipact
neighbourhood students
ineighbourhood students
250 fewer dance students
250 fewer dance student�
7S, fewer theatre students
75 fewer theatre student!
Seniors Outreach
300 fewer seniors engaged
300 fewer seniors
No Impact
No imipact
Program
engaged
Event activity
20 ewer Presented Shows
10 Fewer Presented
20 Fewer Rental Days
20 Fewer Rentail Days
and 20 Fewer Rental Days
Shows and 20 Fewer
Rental Days
Community Partners who will beaffected 6vthe cuts:
Schools Dance Schools
Seniors Residences Interaction School ofPerforming Arts
Girl Guides Theatre Students
Bi Brothers Big Sisters Greater Saint John Chinese Cultural Association
PALS program/ Promise Partnership program PRUDE
Asian Heritage Society ARCF
Saint John Multicultural and Newcomers Association
Local Non -Profit Rental Clients who will be impacted by the loss of subsidized rent:
Chinese Cultural Assoc.
Dalhousie Medical School
Friars Family
Gala Ballet Company
Interaction Theatre School
New Brunswick Youth Orchestra
New Brunswick Medical Education Foundation Inc.
Saint John Police Force
Saint John Theatre Company
Saint Malachy's High School
United Way
University of New Brunswick — Saint John
Rental Clients who will be impacted by 28% increase in rental rates:
Dance Zone
Step In Time
KidSing
Kings Church
Quest Productions
River & Trail
Rothesay Ballet School
Saint John Sea Dogs
Symphony New Brunswick
Urban Dance
liP1•'7
Port City Pirates Baseball Association Inc.
PO Box 24005, Saint John NB E2M 5W8
February 18, 2020
Dear City of Saint John Councilor,
We are a youth sports organization whose objectives include the development of youth baseball players
and the promotion of minor baseball in Saint John. Through our seven competitive Port City Pirates
teams and our recreational baseball program we will be supporting nearly 350 youth players for the
upcoming 2020 season.
We are writing you this letter to request your assistance on two proposals that are coming to you at an
upcoming meeting for consideration:
1) Recreation Facility User Fees
2) Continuous Improvement Initiatives - Parks & Recreation Casual Workforce
• Eliminate maintenance and lining of school fields
• Closure of one City -owned ball diamond
We are requesting that you oppose these proposals and we respectfully request that they be tabled for
a future meeting to allow you time to obtain more information to better understand the consequence
these changes will have on our city's youth athletes.
Recreation Facility User Fees
At a meeting held on January 16, 2020 with representatives of most of the recreational sport facility
users in attendance, Mr. Tim O'Reilly of the city's leisure services department outlined the details of the
proposed changes to facility user fees and to the non-resident user fees recently implemented to help
curb the City's $10 -million -dollar annual deficit.
Mr. O'Reilly detailed the cost recovery model for setting facility user fees for various City recreational
facilities. He also reviewed the policy, recently adopted by council, which staff is bound by, that dictates
much higher rental rates than exist at present. This cost recovery policy is requiring a rate of 90% for
adult use, 70% Seniors, and 60% for youth. The proposed rates for this coming year will be set at 50% of
the above subsidized rates but will be fully implemented for 2021.
`RV
While our organization respectfully understands the city's financial trouble, that immediate corrective
actions are necessary, we are now being dealt a hand that leaves us with field rental rate increases
detrimental to our organization's ability to operate and provide our youth with affordable registration
fees to play baseball. In addition to these astronomical rate increases, all our non-resident members
will also be required to pay a user fee of $47 for a City recreation card.
Our current field costs are already the highest in New Brunswick. The city is proposing to set the new
user fee at "60% cost recovery". What we feel you're truly missing is the real implications
these increased user fees, which have increased over 30% since 2015 and will now soar to an additional
264% of today's rates, will have on the youth members of our organization, some of whom already find
the cost to play baseball already too high.
We as an organization believe that Council wasn't fully understanding of the effects the cost recovery
targets would have when it was decided to adopt this policy. As we understand it, City staff based these
subsidization targets on a proposed policy Halifax looked at using, a policy we understand that was only
partially adopted. While the Halifax field rental rates did increase, their existing rates started out at half
of what we already pay. Therefore, their rate increases do not compare to the ones proposed to us at
this time. As a result of these large rate increase's we are now being forced to make a decision to move
large portions of our baseball programs to fields outside city limits. The cost to play our sport is already
higher than that of other local baseball associations around our city and others in our province. The
massive increases will drive our members to competing baseball associations outside Saint John while
others will stop playing this sport altogether.
As a community we want to see our kids involved in sports. We don't believe there isn't anybody who
isn't aware of the benefits these activities provide for our city's residents. But with the proposed
increases to recreational facility user fees, we are going to see at the very least a massive decrease in
our organizational enrollment, possibly to a point of not being able to sustain our organizations
existence. This is why we feel you as our council need to look into this in more detail. The City's deficit
wasn't incurred overnight, and it won't be fixed overnight. We truly believe there is a solution that can
work for the City of Saint John while at the same time one that won't prevent us from being able to
provide this great sport so many of our youth benefit from.
Reduction in Field Maintenance and Field Closure
We are very concerned with a couple of the Continuous Improvement Initiatives developed by city staff,
initiatives we believe were developed without consultation with or consideration of the impact that it
will have on users.
We have been advised that with the proposed cut-backs to staffing in the recreational department, that
some of our baseball fields will no longer be maintained. Our organization operates out of seven city
ball fields in West and North Saint John, in addition to two fields in Grand Bay. These fields are used 4-5
fiPYA
nights per week and often on weekends throughout the season. The proposed fields that will no longer
be maintained (school owned fields) are three of the seven fields, being St. Rose, Barnhill and Jack Kyle.
In addition, out of the remaining four fields, St. Peter's field we are being told may be cut out and shut
down altogether by the city, leaving us only three city fields to use. Since 2008, West Saint John has lost
three youth baseball fields that we were renting up to 4-5 nights a week as well as on weekends. These
fields were not replaced, and our numbers have been increasing annually putting a burden on our ability
to provide competitive amounts of field times to our teams in comparison to other baseball
organizations in neighboring communities. Our competitive teams have the least amount of field times
in New Brunswick and that has had a big impact on our ability to compete at the provincial and national
levels with the other New Brunswick teams.
St. Peter's baseball field is a C level field, located in the city's North End. This field, like all our fields
requires work. During the summer months this field is used 4-5 nights a week, as well as
weekends, and is key to our ability to host tournaments which we use as fundraisers. This field now
requires more repairs than the other fields but is still a very sustainable field. Furthermore, as a city that
prides itself on heritage, this field has been in operation for over 100 years, making it one of the oldest
baseball fields in Canada. We believe maintaining such spaces will have a positive impact on our great
city. Many of our members, grandfathers, and fathers played here and now get to see their children get
the same enjoyment they did as developing youth.
As a final point, a great number of our player members start their first summer jobs in our sport by
officiating. Working as an umpire allows them the opportunity to earn a competitive salary during the
summer months and teaches life skills such as responsibility, teamwork, dedication, fair play,
accountability, problem solving and confidence, just to name a few. With the increase of field costs
(resulting in fewer players/teams), and possible closure of fields, many will lose this opportunity.
If you have any questions or would like to discuss these issues in more detail, please feel free to reach
out to us.
Kind Regards,
John Paul Craig Mike Brooks
President Vice -President
(506) 653-7258 (506) 607-4799
thecraigsemail22@gmaii.com mibro88@gmail.com
iU1.13
SUBMISSION TO COUNCIL FORM
'ne City ofsafnt;olm
qii F�� 1� R�
First Name: Mike Last Name: Brooks
Name of Organ ization/G rou p (where applicable): Port City Pirates Baseball Association
Inc.
Mailing Address: PO Box 24005
City or Town: Saint John Province: NB Postal Code: E2M 5W8
Day Time Phone Number: (506) 607-4799 Email: mibro88@gmaii.com
El If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
Topic of Submission: Facility User Fees and Closure of Baseball Fields
Purpose for Submission (what is the ask of Council): 1. Council is asked not to vote in
favour of the proposed 2020 facility user fees.
2. Council to refer proposed rate increases back to city staff so consutlations can be held with
with facility users in order that the impact of such large increases can be fully understood and if
increases are still required they be phased in over a longer period of time.
3. Consultations re: possible closure/el im i nation of maintenance of baseball fileds be had
among city staff and users so that the impact of such reduction in facilities (under so called city
led "Continuous Improvement Initiatives") on the community can be fully understood by staff
and council.
Executive Summary: The fees for baseball field rentals are proposed to increase 264% by
2021, 50% of this increase to be implemented in 2020. Together with the recreational card fee
for non-residents, such large increases will put a financial burden on both our organization and
our youth players. With such a large increase in fees, some players will no longer play baseball
while others may join baseball organizations in neighbouring communities.
The possible closure of baseball fields will have a significant impact on our ability to run a
baseball program in Saint John. West Saint John has seen the elimination/closure of three
youth baseball fields in the last few years. Of the seven city fields we currently use, four are
located west and half b|sproposed will nolonger bemaintained. For 2O2Ocity staff are
proposing the eliminaiotn of maintainance of three and closesure of one field for 2020. This
nearly 6096 reduotiuon in fields will result in our organization having to significantly reduce its
operations, turning away youth players.
Signature: Mike Brooks Date: 2020-02-18
ICanadian Union of Public Employees
Syndicat canadien de la fonction publigue
SAINT JOHN AREA OFFICE
208 Lancaster Avenue, Saint John, NB E2M 2K9
Tel./Tel.- (506) 635-1622 Fax: (506) 635-1624 / cupe.ca scfp.ca
Hand Delivered
February 11,2020
Mayor and Common Council
City of Saint John
c/o Common Clerk
15 Market Square
PO Box 1971
Saint John, NB E21_ 41-1
Greetings:
Re: Formal Complaint per Bylaw Number LG -5
On January 13, 2020,1 made a public presentation to Common Council on behalf of CUPE Locals
18 and 486 as well as the Saint John Police Association and ATU 1182.
We attempted to extend kudos to Common Council for its efforts to drive more efficiencies into all
civic operations, to look for new solutions and most importantly, to support Council's efforts to
identify possible new resources of tax revenue, largely from heavy industry.
Some of the examples of reduced municipal taxes pointed out included the sweet -heart LNG tax
concession deal (2005 to 2017) and the 2017 two -third reduction in the tax assessment ($300
million to only $ 98 million) that resulted in over $100 million in municipal taxes not collected.
Another outlined how the tax assessments for the 2 Saint John pulp and paper mills were reduced
by 50% and 49% respectively, which has resulted in them paying 43% less in municipal taxes
than they were in 2013. This amounted to another $8 million not collected by the City of Saint
John.
The presentation went on to point out that the Industry Assessment Growth from 2013 to 2019
declined in Saint John by -3.68% while it has increased in Moncton by +20.32% and Fredericton
by +17.07%. This has resulted in the Saint John tax base now being lower than Fredericton and
Moncton due to political manipulation of the heavy industry tax assessments.
OKA
MARK HANCOCK
National President/Pr6sident national.
CHARLES FLEURY
National Secretary-Treasurer/Secr6taire-tr6sorier natGcuna'l
DENIS BOLDUC, PAUL FAORO, FRED HANN, JUDY HENLEY, SHERRY HILLIER
General Vice-PresidentsVice-presidences g6n6rales 161
2
Near the end of the presentation, we referenced the importance to Council of their understanding
the Consolidated Financial Statements of the City. Our sincere effort was to demonstrate to
Council that despite Council's preoccupation with setting a tax rate and a so-called structural
deficit the full financial picture is not as dire as the fiscal conservatives might lead other Council
members to believe.
During the presentation, while outlining the City of Saint John's 2018 audited Consolidated
Financial Statements, Councillor Merrithew offensively attacked myself and aggressively shouted
out, "..,that is a lie". This unprofessional behavior continued when I was aggressively accused of
trying to mislead the public with the audited statements. The facts contained in their own audited
statements cannot be dismissed by Councillor Merrithew as a "..,,.tie".
This is a publicly misleading and false statement by Councillor Merrithew. The statement is
unprofessional„ inappropriate and dishonest. Therefore, I am filing this correspondence as a
formal complaint as per Bylaw number LG -5 "A BYLAW RESPECTING THE CODE OF
CONDUCT FOR ELECTD MEMBERS OF THE CITY OF CITY OF SAINT JOHN" under sections
2b), 3.1, 3.4, 3.7a) and all others related.
1 request that Councillor Merrithew be given an educational seminar presentation by the Chartered
Professional Accounts at Deloitte LLP who prepared the 2018 "Independent Auditor's Report" with
the Consolidated Financial Statements of the City of Saint John.
We certainly did not mean to oversimplify the issues and certainly did not lie. Rather, CUPE was
directing Council's attention to the Consolidated result's and perhaps, just perhaps, Council might
look to these statements for possible long-term solutions to the challenges that lie ahead.
It was obvious that the Chairman of the Finance Committee was suggesting to Council and the
public that CUPE's reference to these statements was an effort to mislead the public and Council.
Quite the opposite, CUPE was trying to lead, not mislead, the Council.
CUPS holds the view that finding a solution to the challenging issue that Council struggles with,
namely setting an annual tax rate within the General Operation Fund, lies within fully
understanding the Consolidated Financial Statements.
Council needs to be aware and fully understand the implications of Note 1 to the statements which
states:
"The consolidated financial statements reflect the assets, liabilities, revenues
and expenses and changes in net debt and cash flows of the reporting entity.
The reporting entity is comprised of all organizations and enterprisers
accountable for their affairs and resources to the City which are owned or
controlled by the City."
As to why the City is required to prepare these statements, The Canadian Association of Certified
Public Accountants states:
"Consolidated financial statements are prepared to provide an understandable
overview of the full nature and extent of the financial affairs and resources
controlled by an organization."
K,
In other words, over the long term, Council should look to "everything" that it owns and controls
in order to find acceptable solutions to the "General Fund Tax Rate Setting Challenge". It is an
observation of CUPE that the City has historically looked to finding solutions to this challenge
solely within the General Fund. CUPE believes that along with looking within the Operating Fund
for solutions, an emphasis needs be placed on all entities of which Council owns and or controls.
As to how CUPE comes to this position, we need only remind Council that lifeguards were once
removed from some of the municipal beaches, ball field and arena rates were previously proposed
to significantly increase, grants to some nonprofits were, at one time, eliminated, and employees
were offered buyouts. These were all yesterday's solutions, and, over time, councils have had to
back off because of community pressure.
There are common sayings that go something like this, "doing the same thing year after year,
will produce the same results year after year" or "been there done that!"
Given the City's repetitive experience for the last 20 to 25 years, CUPE is simply suggesting that
Council needs to look to other opportunities within its sphere of control or ownership. For example,
this month CUPE has found Council's steps to explore alternatives to address finances, other
than just operating budgets, with respect to one of its controlled entities as encouraging
alternatives than expecting residents, businesses and employees to shoulder service reductions
and tax increases caused by Heavy Industry tax reductions.
Given this, despite your Finance Committee Chairman's narrow views, derogatory attack on City
workers and assertion that CUPE was trying to mislead Council and the public, CUPE choses to
double down on its position that:
• The Consolidated Financial Statements paint a relatively strong financial picture of this
community. Specifically, The City's Auditors reports showed that:
1. the Accumulated Surplus amounted to $698 Million as of December 31, 2018
2. the Cash and Cash Equivalents amounted to $54.4 Million on December 31, 2018
3. the Total Financial and Non -Financial Assets amounted to more than $1.24 Billion
on that same date
4. the Financial Liabilities amounted $550 million, less than half the value of the
assets
5. Yearly Surpluses have increased from $15.9, $20.5 to $22.1 million from 2016,
2017 to 2018 respectively. This amounts to a 28% increase in surplus from 2016
to 2018.
• The Consolidated Statements should be the basis for high level strategic long-term
planning by Council. The sooner the better.
• Council, according to its Auditors, can exercise ownership and control over all the entities.
• Moving forward, there can be no sacred cows.
Councilor Merrithew and Mayor Don Darling started an attack on Police Officers and Fire Fighters
wages and have been lobbying the Provincial Government to unfairly change the rules for Binding
Arbitration and are now trying to justify an attack on all its municipal workers. In order to justify
their campaign, they have been claiming that Saint John is not allowed to run a deficit based on
Provincial regulations. As you can see above Saint John is NOT at risk of running a deficit in
2020. Furthermore, Saint John is proposing to use over $6 million promised from Fredericton to
protect front line services to reduce front line services.
...41
`W
4
CUPE recognizes the fact that Saint John has lost well over $100 million political decisions to
lower and keep tax assessment for Heavy Industry well below national average such as the pulp
and paper mills, LNG and the refinery over the last several years. It seems Mayor Darling and
Councillor Merrithew would rather attack and blame the Civic workers for reduction in revenues
instead of publicly campaigning to change the 1.5% cap and to have Heavy Industry properly
assessed. Based on the annual increases in surpluses we do not think it its responsible to or
sustainable to expect residents, Business or employees to subsidize Heavy Industry tax breaks
by service cuts.
COPE recognizes that there are no easy solutions to the tax rate questions and tax assessment$,
CUPE is of the view that solutions lie outside the General Fund to which the Council and the
Finance Committee have traditionally turned..
The comments by the Chair of the Finance Committee are totally inappropriate, condescending,
offensive, insulting and derogatory. CUPE trusts this clarifies our position.
Again, the statements by Councilor Merrithew are in violation of Bylaw number LG -5 "A Bylaw
Respecting the Code of Conduct for Elected Members of the City of Saint John".
We request Council to take appropriate guidance and corrective measures to ensure the Audited
Consolidated Financial Statements are professionally presented to the public by the Mayor and
all Councilors including Councilor Merrithew.
Respectf itted,
-n
�.Mike Davidson
�"".,�..,.. „ ....,�
National Servicing Representative
MDlawcope491
A BYLAW RESPECTING THE CODE OF
CONDUCT FOR ELECTED MEMBERS OF
THE CITY OF SAINT JOHN
BYLAW NUMBER LG -5
RECITALS
WHEREAS the Local Governance Act,
authorizes and requires local
governments to establish a Code of
Conduct Bylaw; and
AND WHEREAS as stipulated in New
Brunswick Regulation 2018-64, the
Code of Conduct Bylaw must include
the following mandatory provisions:
ARRfTt RELATIF AU CODE DE
DtONTOLOGIE POUR LES MEMBRES
9LUS DE THE CITY OF SAINT JOHN
ARRET9 NUM9110 LG -5
WAMBULE
ATTENDU QUE, la Loi sur la
gouvernance locale autorise et exige
que les gouvernements locaux
prennent un Arrete relatif au code de
deontologie;
ET ATTENDU QUE, comme le stipule le
Reglement du Nouveau-,
Brunswick 2018-64, I'Arrete relatif au
code de deontologie doit inclure les
dispositions imperatives suivantes :
(a) the values to which Members of a) les valeurs auxquelles sont tenus
Council are expected to adhere; d'adherer les membres du conseil;
(b) the behaviour by the Members of
Council toward other Members
of Council, officers, employees
and residents of the local
government, including provisions
respecting bullying,
discrimination and harassment by
Members of Council,
(c) the use of local government
property, resources and services
by Members of Council; and
(d) the use of communication tools
and social media by Members of
Council; and
AND WHEREAS a Code of Conduct
ensures that Members of Council share
bj le comportement des membres du
conseil a I'endroit aussi bien des autres
membres que des fonctionnaires, des
employes et des residents du
gouvernement local, notamment en ce
qui a trait a l'intimidation, a la
discrimination et au harcelement;
c) ('utilisation que peuvent faire les
membres du conseil des biens, des
ressources et des services du
gouvernement local;
dj ('utilisation que peuvent faire les
membres du conseil des moyens de
communication et des medias sociaux;
ET ATTENDU QUE, un code de
deontologie assure que les membres
du conseil partagent une base et une
I
a common basis and understanding for
acceptable conduct extending beyond
the legislative provisions governing the
conduct of Members of Council, as set
out in the Local Governance Act; and
AND WHEREAS as Members of Council,
we recognize that our actions have an
impact on the lives of all residents and
property owners in the community;
and
AND WHEREAS the establishment of a
Code of Conduct Bylaw is consistent
with the principles of transparent and
accountablie government;
NOW THEREFORE the Common Council
of the City of Saint John adopts certain
rules in the form of a Code of Conduct
Bylaw that further underscores the
requirement that elected officials be
independent, impartial, and duly
responsible in serving their
constituents.
APPLICATION
1. This Code of Conduct Bylaw applies
to all Members of Common
Council, including the Mayor and
Deputy Mayor.
VALUES OF MEMBERS OF COUNCIL
comprehension communes de ce qui
est considers une conduite acceptable
qui va au -dela des dispositions
legislatives qui gouvernent la conduite
des membres du conseilq,
conformement a la Loi sur la
gouvernance locale;
ET ATTENDU QUE, en tant que membre
du consell, nous reconnaissons que nos
actions ant un impact sur la vie de tous
fes residents et propristaires dans la
communaute;
ET ATTENDU QUE, I'instauration d'un
Arrete relatif au code de deontologie
est en harmonie avec les principes d'un
gouvernement transparent et
responsable;
A CES CAUSES, le consell communal de
The City of Saint John adopte certaines
regles sous la forme d'un Arrete relatif
au code de deontologiie qui confirme le
besoin que les representants elus
soient independants, impartiaux et
pleinement responsables alors qu'iis
servent leurs slecteurs.
APPLICATION
1. Le prssent Arrete relatif au code de
deontologie s'applique a tous les
membres du conseil communal,
incluant le maire et le maire
suppleant.
VALEURS DES MEMBRES DU CONSEIL
2. The values of Members of Council 2, Les valeurs des membres du
include: conseil incluent :
(a) Honesty
Members of Council shall be truthful
and open in their roles as Council
a) Honnetete
Les membres du conseil sont sinceres
et transparents dans leur role comme
Members and as members of the City
they serve.
(b) Respect
Members of Council shall treat every
person, including other Members of
Council, City employees and the public
with dignity and respect.
(c) Transparency and Accountability
Members of Council shall endeavor to
conduct and convey Council business
and all their duties in an open and
transparent manner, other than those
discussions that are authorized to be
dealt with in a confidential manner in
closed session, so that stakeholders
can view the process and rationale
used to reach decisions and the
reasons for taking certain actions.
(d) Confidentiality
Members of Council shall refrain from
disclosing or releasing any confidential
information acquired by virtue of their
office except when required by law or
authorized by Council to do so.
Members shall not take advantage of
or obtain private benefit from
information that is obtained in the
course of or as a result of their official
duties or position that is not in the
public domain.
(e) Leadership and the Public Interest
Members of Council shall serve their
constituents in a conscientious and
diligent manner and act in the best
interests of the City. Members of
Council are expected to perform their
duties in a manner that will bear close
membres du Conseil et comme
membres de la municipalite qu'ils
servent.
b) Respect
Les membres du conseil traltent toute
personne, incluant les autres membres
du conseil, les employes de la
municipalite et le public avec dignite et
respect.
C) Transparence et imputabilite
Les membres du conseil doivent
s'efforcer de mener les affaires du
conseil et toutes leurs fonctions d'une
maniere ouverte et transparente, sauf
ces discussions qui peuvent etre tenues
de maniere confidentielle A huis clos,
afin que les parties prenantes puissent
comprendre le processus suivi et les
motifs utilises pour prendre une
decision et les raisons pour agir d'une
certaine fagon.
d) Confidentialite
Les membres du conseil s'abstiennent
de divulguer ou de diffuser toute
information confidentielle acquise dans
le cadre de leurs fonctions sauf lorsque
requis par la loi ou autorise par le
conseil d'agir de la sorte. Les membres
ne devraient pas tirer parti ou tirer
personnellement profit de
('information qui nest pas du domaine
public qui est obtenue dans le tours ou
du fait de leurs taches officielles ou de
leur poste.
e) Leadership et interet public
Les membres du consell servent leurs
electeurs d'une maniere
consciencieuse et avec diligence et
agissent dans l'interet superieur de la
municipalite. On s'attend A ce que les
membres du conseil s'acquittent de
KI
fiIA- A
public scrutiny and shall not provide
the potential or opportunity for
personal benefit, wrongdoing or
unethical conduct.
(i Responsibility
Members of Council shall act
responsibly and in accordance with the
Acts of the Parliament of Canada and
the Legislature of New Brunswick,
including the Local Governance Act.
This duty includes disclosing actual or
potential conflicts of interest, either
financial or otherwise relating to their
responsibilities as Members of Council.
Each Member of Council is individually
responsible for preventing potential
and actual conflicts of interest,
leurs taches d'une maniiiere qui puisse
soutenir un examen rigoureux du
public et ne donnent pas lieu A des
avantages personnels reels ou per4us,
des actes reprehensibles ou un
coirnportement contraire A 1'ethique
f) Responsabilite
Les membres du conseil agissent d'une
maniere responsabie et conformement
aux lois du Parlement du Canada et de
la Legislature du Nouveau -Brunswick,
dont la Loi sur la gouvernance locale.
Cette obligation inclut la divulgation de
conflits d'interets actuels ou potentiels,
qu'ils soient financiers ou autrement
lies A lleurs responsabilites comme
membres du conseil[,, Chaque membre
du conseil est responsable
individuellllement de prevenir les
conflits d'intergts potentiels et actuels.
BEHAVIOUR OF MEMBERS OF COMPORTEMENT DES MEMBRES DU
COUNCIL CONSEIL
3.1 Members of Council shall conduct
themselves in a professional manner
with dignity and make every effort to
participate diligently in the meetings of
Council, committees of Council and
other bodies to which they are
appointed.
3.2 Members of Council shall perform
their official duties in accordance with
the following general principles:
(a) Be honest and open with Council
Members, local government staff,
and the general public;
3,1 Les membres du conseil se
comportent de maniere
profession nelle, avec dignite, et font
tout en leur possible pour participer
avec diligence aux reunions du conseil,
aux comites du conseil et autres
instances auxquels ils sant nommen„
3...2 Les membres du conseil
s'acquittent de leurs functions
officielles conformement aux principes
generaux suivants
a) En etant honnetes et ouverts avec
les membres du conseil, le
personnel du gouvernement local et
le grand public;
4
(b) Make decisions that are in the best
interest of the City as a whole;
(c) Make decisions based on careful
and objective consideration and
review of the facts;
(d) Ensure that objectivity, impartiality
and transparency are emphasized
in decision-making;
(e) Be accountable for the decisions
made by the Council;
(f) Demonstrate a high level of
integrity and professionalism when
representing the local government
and in dealing with members of the
broader community;
(g) Ensure that all duties are
performed in compliance with
federal and provincial laws, as well
as bylaws, policies and procedures
adopted by the City.
3.3 Members of Council shall at all
times serve and be seen to serve their
constituents in a conscientious and
diligent manner.
3.4 Members of Council shall conduct
their dealings with each other in a way
that maintains public confidence in the
office to which they have been elected,
are open and honest, focus on issues
rather than personalities, avoid
aggressive, offensive or abusive
conduct.
b) En prenant des decisions dans
I'interet superieur de la municipalite
en general;
c) En prenant des decisions fondees
sur un examen attentif et objectif
des faits;
d) En assurant que I'objectivite,
I'impartialite et la transparence sont
mises en valeur lors du processus
decisionnel;
e) En etant responsables des decisions
prises par le conseil;
f) En demontrant un haut niveau
d'integrite et de profession nalisme
lorsqu'ils representent le
gouvernement local et lorsqu'ils
font afFaire avec les membres de la
communaute en general;
g) En s'assurant que toutes les taches
sant accomplies en respectant les
lois federales et provinciales, ainsi
que les arretes, les politiques et les
procedures adoptes par la
municipalite.
3.3 En tout temps, les membres du
conseil servent et sont consideres
comme servant leurs electeurs dune
maniere consciencieuse et avec
diligence.
3.4 Lors d'echanges entre eux, les
membres du conseil se comportent
dune maniere qui maintient la
confiance du public dans la fonction
pour laquelle ils ont ete elus, ils sont
ouverts et honnetes, se concentrent
sur les enjeux plutot que les
personnalites, ils evitent un
3.5 Members of Council shall treat
members of the public, other Council
Members, local government staff or
individuals providing services on a
casual or contractual basis with dignity,
understanding and respect.
3.6 Members of Council shall promote
the governance framework to ensure
their work environment is free from
discrimination, bullying, offensive
and/or derogatory language, and
harassment and that they are in
compliance with the local
government's policies and procedures,
where applicable.
3.7 Without limiting the generality of
the foregoing, Members of Council
shall not;
(a) Make inappropriate comments or
gestures to or about an individual
where such conduct is known or
ought reasonably to be known to
be offensive to the person(s) to
whom they are directed or about;
(b) Display materials or transmit
communications that are
inappropriate, offensive, insulting
or derogatory;
(c) Make threats or engage in any
abusive activity or course of
conduct toward others, including
bullying;
comportement agressif, offensif ou
a b usif.
3.5 Les membres du conseil traitent les
citoyens, les autres membres du
conseil, le personnel du gouvernement
local ou les indiiividus qui offrent des
services sur une base occasionnelle ou
contractuelle avec dilignite, en faisant
preuve de comprehension et avec
respect.
3.6 Les membres du conseil font la
promotion du cadre de gouvernance
pour garantir que leur environnement
de travail est exempt de
discrimination, d"intimidation, de
langage offensant ou degradant et de
harcelement, et qu'lls respectent les
politiques et procedures du
gouvernement local, le cas echeant.
3.7 Sans limiter la portee generale de
ce qui precede, fes membres du
conseil M
a) Ne font pas de commentalres ou
de gestes inappropries a un
individu ou a 1'egard de celui-ci,
alors qu'on sait ou qu'on devrait
savoir qu'un tel comportement est
offensant pour la personne visee;
b) Ne montrent pas de materiel ou
ne transmettent pas de messages
qui sunt inappropries, offensants,
insultants ou degradants;
c) Ne font pas de menaces ou ne se
livrent pas a aucune activite ou
n'adoptent pas une attitude
abusive envers les autres, y
compris ('intimidation;
(d) Vandalize the personal property d) Ne vandalisent pas la propriete
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of others;
(e) Commit assault of any kind,
including making unwanted
physical contact, including
touching, patting or pinching;
(f) Refuse to converse or interact
with anyone based on any ground
listed in the Human Rights Act.
CONFLICTS OF INTEREST
4.1 Members of Council have a
statutory duty to comply with the
Conflict of Interest provisions set out in
Part 8 of the Local Governance Act.
4.2 Members of Council are to be free
from undue influence and not act or
appear to act in order to gain financial
or other benefits for themselves,
family, friends or associates, business
or otherwise.
4.3 It is the individual responsibility of
each Member of Council to seek
independent legal advice, at the
Member's sole expense, with respect
to any situation that may result in a
pecuniary or other conflict of interest.
RESPECTING ROLES AND
RESPONSIBILITIES
5.1 Decision-making authority lies with
Council, and not any individual
Member. No Member shall, unless
authorized by Council, attempt to bind
the City of Saint John or give direction
to employees, agents, contractors,
d'autrui;
e) Ne commettent pas d'agression
d'aucun type, incluant les contacts
physiques non desires, comme
toucher, caresser ou pincer;
f) Ne refusent pas de converser ou
d'interagir avec quiconque pour
quelconque motif enonce dans la
Loi sur les droits de la personne.
CONFLITS D'INTgRETS
4.1 Les membres du conseil ont une
obligation legale de se conformer aux
dispositions relatives au conflit
d'interets enoncees dans la partie 8 de
la Loi sur la gouvernance locale.
4.2 Les membres du conseil doivent
etre libres de toute influence indue et
ne doivent pas agir ou paraitre agir de
maniere a obtenir un benefice financier
ou tout autre avantage, pour eux, leur
famille, leurs amis, leurs associes, une
entreprise ou autrement;
4.3 Chaque membre du conseil est
personnellement responsable d'obtenir
un avis legal independant, a ses
propres frais, concernant toute
situation qui pourrait se solder par un
interet pecuniaire ou autre type de
conflit d'interets.
CONCERNANT LES RALES ET
RESPONSABILITI!S
5.1 Le pouvoir decisionnel revient au
conseil et non pas a aucun membre
individueilement. A moins d'etre
autorise par le conseil, aucun membre
ne tente de lier The City of Saint John
ou de donner des instructions aux
5
171
consultants or other service providers employes, agents, entrepreneurs,
or prospective vendors to the City. consultants ou autres fournisseurs de
services ou fournisseurs potentiels de
la municipalite.
5.2 Members of Council shall
accurately communicate the decisions
of Council, even if they disagree with
Council's decision, such that respect
for the decision-making process of
Council is fostered.
5.2 Les membres du conseil
communiquent avec precision les
decisions du conseil, mgme s'ils sont en
desaccord avec celles-ci, et ce, afin que
ie respect du processus decisionnel du
conseil snit favorise.
5.3 Members of Council shall ensure 5.3 Les membres du conseil s'assurent
they:
(a) Focus on their governance role of
providing leadership for the
community in an open,
accountable and transparent
manner, establishing strategic
direction and providing oversight of
the local government;
(b) Respect the role of the local
government's staff, which is to
provide day-to-day administration
of the local government, provide
advice and analyses, implement
Council decisions, and carry out
their responsibilities as required
under the Local Governance Act,
and any other relevant federal and
/or provincial legislation,
regulations or bylaws of the local
government;
(c) Respect the role of Council as a
whole being the decision-making
body for the local government.
Only Council as a whole and no
single Member including the Mayor
has the authority to direct staff,
a) QuIls se crancentrent sur leur role
de gouvernance de faire preuve de
leadership pour la communaute,
d'une maniere ouverte,
responsable et transparente, en
etablissant une direction
strategiique et en exergant un role
de surveillance du gouvernement
local;
b) Qu'ils respectent le role du
personnel du gouvernement local
qui est de veiller a I'administration
quotidienne du gouvernement
local, d'offrir des conseils et des
analyses, de mettre en oeuvre les
decisions du conseil et de
s'acquitter de leurs responsabilites
comme 1'exige la Loi sur la
gouvemance locale, et toute autre
legislation federale ou provinciale,
reglement ou arrgte du
gouvernement local;
c) Qu'ils respectent le role du conseil
dans son ensemble comme
I'organe decisionnel du
gouvernement local. Seulement le
conseil dans son ensemble et
aucun membre individuellement,
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approve budgets, policy,
committee processes and other
matters, unless specifically
authorized by Council.
(d) Council as a whole has the
authority to approve budgets, and
policy statements, including
structures and procedures for
committees. Authority to act on
behalf of Council, including through
a committee, can only be delegated
by Council.
GIFTS AND BENEFITS
6.1 In accordance with subsections
96 (a), and (b) of the Local Governance
Act, a Member of Council shall not:
(a)
(b)
accept any fees, gifts, gratuities
or other benefit that could
reasonably be seen to influence
any decision made by him / her in
the carrying out of his / her
functions as a Member of
Council; or
for his or her personal gain, or for
the personal gain of a family
associate, make use of his or her
position or of any information
that is obtained in his or her
position and is not available to
the public.
incluant le maire, n'a I'autorite de
donner des directives au
personnel, d'approuver le budget,
une politique, des processus d'un
comite et d'autres affaires, a
mains d'etre specifiquement
autorise par le conseil.
d) Le conseil dans son ensemble a
I'autorite d'approuver le budget et
des enonces de politique, incluant
les structures et les procedures
associees aux comites. Seul le
conseil peut deleguer I'autorite
d'agir en son nom, y compris par le
biais d'un comite.
CADEAUX ET AVANTAGES
6.1 Conformement aux
paragraphes 96 a) et b) de la Loi sur la
gouvernance locale, un membre du
conseil :
a) N'accepte aucun honoraire,
cadeau, don en argent, ou tout
autre avantage qui pourrait
raisonnablement etre considers
comme pouvant influer sur toute
decision qu'il ou qu'elle prend
comme membre du conseil dans
1'exercice de ses fonctions; ou
b) N'utilise pas son poste ou toute
information obtenue dans le cadre
de son paste qui nest pas mise a
la disposition du public, pour son
avantage personnel ou pour celul
d'un membre de sa proche famille.
6.2 Members of Council are not 6.2 Les membres du conseil ne sont pas
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precluded from accepting:
(a) Compensation or benefit
authorized by Council;
(b) Rewards, gifts or benefits not
connected with the performance or
duties of office;
(c) Services provided
compensation by
volunteering their dime;,
empeches d'accepter :
a) Une remuneration ou un avantage
autorise par le conseil;
b) Des recompenses, cadeaux ou
avantages qui ne sont pas lies a la
performance ou a leurs functions;
without c) Les services fournis sans
persons remuneration par des personnes
quit donnent de leur temps;
(d) Food, lodging, transportation and
entertainment provided by other
levels of governments or by other
local governments, boards and
commissions;
(e) Reasonable quantities of food and
beverages consumed at banquets,
receptions, ceremonies and similar
events;
(f) Token gifts such as souvenirs and
commemorative gifts that are given
in recognition of service for
attending an event;
(g) Gifts received as an 'incident of
protocol or social obligation that
normally and reasonably
accompany the responsibility of
office.
USE OF LOCAL GOVERNMENT
PROPERTY, RESOURCES AND SERVICES
BY MEMBERS OF COUNCIL
d) De la nourriture, de
I'hebergement, du transport ou du
divertissement offert par d'autres
niveaux de gouvernement ou par
d'autres gouvernements locaux,
conseils d'administration et
commissions;
e) Des quantites raisonnables de
nourriture et de boissons
consommees lors de banquets,
receptions, ceremonies et autres
evenements similaires;
f) Des cadeaux symboliques comme
des souvenirs et des cadeaux
commemoratifs qui sont donnes
en guise de remerciement pour
avoir participe a un evenement;
g) Des cadeaux regus dans le cadre
normal et raisonnable du
protocoie ou d'une obligation
sociale lige a leurs fonctions;
UTILISATION PAR LES MEMBRES DU
CONSEIL DES BIENS, RESSOURCES ET
SERVICES DU GOUVERNEMENT LOCAL
7.1 No Member of Council shall make 71 Aucun membre du conseil n'utilise
HE"I
use of, or permit the use of any City
premises (land, facilities, equipment,
supplies, etc.), staff or other resources
(computers, networks, websites, social
media) other than for carrying out the
business of the local government.
7.2 Members of Council shall avoid
waste and extravagance in the
provision or use of the City's resources
or property belonging to the City.
7.3 No Member of Council shall use the
facilities, equipment, supplies, services
or other resources of the City for any
election campaign or campaign -related
activities. No Member of Council shall
undertake campaign -related activities
on City property. No Member of
Council shall use the services of
persons during working hours in which
those persons receive any
compensation from the City.
USE OF COMMUNICATION TOOLS AND
SOCIAL MEDIA
8.1 Members of Council shall use
communication tools, such as
newsletters, websites and social media
in a responsible and respectful
manner.
8.2 Members of Council must not claim
to speak on behalf of Council unless
authorized to do so.
ou ne permet ('utilisation de toute
propriete de la municipalite (terrain,
installations, equipement, materiel,
etc.), du personnel ou d'autres
ressources (ordinateurs, reseaux, sites
Web, medias sociaux) a des fins autres
que pour mener les affaires du
gouvernement local.
7.2 Les membres du conseil evitent le
gaspillage et les extravagances dans la
fourniture ou ('utilisation de ressources
de la municipalite ou de biens lui
appartenant.
7.3 Aucun membre du conseil n'utilise
les installations, 1'equipement, le
materiel, les services ou autres
ressources de la municipalite pour
toute campagne electorale ou activites
reliees a la campagne. Aucun membre
du conseil n'entreprend d'activites
reliees a une campagne sur une
propriete municipale. Aucun membre
du conseil n'utilise les services de
personnes au tours des heures de
travail ou ces personnes regoivent une
remuneration de la municipalite.
UTILISATION DES OUTILS DE
COMMUNICATION ET DES MtDIAS
SOCIAUX
8.1 Les membres du conseil utilisent les
outils de communication, comme les
bulletins d'information, les sites Web
et les medias sociaux d'une manlere
responsable et respectueuse.
8.2 Les membres du conseil ne peuvent
pretendre parley au nom du conseil a
moins d'en etre autorises.
8.3 Unless Council directs otherwise, 8.3 A moins que le conseil decide
the Mayor is Council's official autrement, le maire est le porte-parole
11
1i 115191
spokesperson and in the absence of
the Mayor, it is the Deputy Mayor. All
inquiries from the media regarding the
official Council position on an issue
shall be referred to Council's official
spokesperson.
8.4 A Member of Council who is
authorized to act as Council's official
spokesperson must ensure that their
comments accurately reflect the
official position and will of Council as a
whole, even if the Member of Council
personally disagrees with Council's
position.
8.5 Members of Council must keep in
mind they are always representative of
the City of Saint John, including when
engaging in social media activities, and
Members of Council are encouraged to
identify when views expressed are
theirs alone and not official City of
Saint John communication.
8.6 Members of Council shall not use
communication tools and social media
to engage in criticism of other
Members of Council, the City staff or
the general public.
8.7 Members of Council shall not
engage in or encourage bullying,
flllaming, or shaming of any other social
media users. These types of
interactions on social media misplace
the focus of interaction on attacking
individuals rather than engaging in
constructive discussion or debate. This
manner of communication is
inconsistent with the Code of Conduct
and unbecoming of the office that
officiel du conseil et en I'absence du
mare,, cels revient au maire suppleant,
Toutes les demandes des medias
concernant la position du conseil sur
un enjeu sont transmises au porte-
parole officiel du conseil.
8.4 Un membre du conseil qui est
autorise a agir comme porte-parole
officiel du conseil doit s'assurer que ses
commentaires refletent exactement la
position officielle et la volonte du
conseil dans son ensemble, et ce,
meme si le membre du conseil est
personnellement en desaccord avec la
position du conseil.
8.5 Les membres du conseil doivent
garder a 1'esprit qu'ils sant toujours des
representants de The City of Saint
John, y compris lorsqu'ils partiiicipent a
des activiites Wes aux medias sociaux,
et lorsque des points de vue sont
exprimes, les membres du conseil sont
encourages de specifier que ce sont les
leurs et non pas une communication
officielle de The City of Saint John.
8,6 Les membres du conseil n'utilisent
pas les outils de communication et les
medias sociaux pour critiques d'autres
membres du conseil, du personnel de
The City ou le grand public.
8.7 Les membres du conseil
n'intmident pas, n'injurient pas ou
n'humilient pas d'autres utilisateurs de
medias sociaux ni n'encouragent de
telles actions. Ce genre d'interactions
dans les medias sociaux deplace
I'objectiiif Onteragir en attaquant des
individus plut6t qu'en favorisant une
discussion constructive ou un debat
constructif. Cette fagon de
communiquer est incompatible avec le
12
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Members hold.
8.8 No Member of Council shall make a
statement with the intent to mislead
Council or members of the public.
8.9 No Member of Council shall make a
statement when they know the
statement is false.
CONDUCT AT MEETINGS
9.1 Members of Council shall conduct
themselves in accordance with the
provisions set out in the City's
Procedural Bylaw, in particular
Section 12 Rules of Conduct.
9.2 Members of Council may not
impugn or malign a debate or decision
or otherwise erode the authority of
Council. Members of Council have the
right to express disagreement with
positions put forward by other
Members provided such disagreement
remains focused on the issue. Once
Council has adopted a resolution,
Members of Council are expected to
support the resolution and the work
associated with carrying out this
resolution.
HANDLING OF CONFIDENTIAL
INFORMATION
10.1 Members of Council shall refrain
from disclosing or releasing any
confidential information to any
code de deontologie et entache [a
dignite des functions qu'exercent les
membres.
8.8 Aucun membre du conseil ne fait
de declaration avec ('intention de
tromper le conseil ou les membres du
public.
8.9 Aucun membre du conseil ne fait
de declaration lorsqu'il sait que celle-ci
est fausse.
COMPORTEMENT LORS DES
R9UNIONS
9.1 Les membres du conseil se
component conformement aux
dispositions enoncees dans I'Arrete sur
les procedures de The City,
particulierement I'article 12 Regles de
procedures.
9.2 Les membres du conseil ne
contestent pas ou ne denigrent pas un
debat ou une decision ou ne mine pas
I'autorite du conseil. Les membres du
conseil ont le droit d'exprimer leur
desaccord avec les positions
presentees par d'autres membres a
condition que le desaccord demeure
concentre sur la question. Une fois que
le conseil a adopte une resolution, on
s'attend A ce que les membres du
conseil appuient la resolution et le
travail associe A I'application de tette
resolution.
TRAITEMENT D'INFORMATIONS
CONFIDENTIELLES
10.1 Les membres du conseil
s'abstiennent de divulguer ou de
diffuser toute information
MAN
member of the public, or in any way
divulge any confidential information,
including personal information or any
aspect of deliberation obtained
through their holding office, in either
oral or written form, in accordance
with the Right to Information and
Protection of Privacy Act.
10,2 Members of Council shall keep
confidential those matters that are
discussed in a meeting that is
authorized under the Local Governance
Act to be closed to the public.
10.3 Members of Council shall not use
confidential information, including
information that they might have
knowledge of by virtue of their position
that is not in the public domain,
including emails or correspondence
from other Members of Council, or
third parties, for personal or private
gain, or for the gain of relatives or any
person or corporation or cause
detrimental to the City, Council, local
board or others.
confidentielle a tout membre du
public, ou ne divulgue de quelque que
fagon que ce soit toute information
confidentielle, incluant de l'informatiion
personnelle ou tout element de
deliberation obtenu dans le cadre de
leurs fonctions, que ce soit
verbalement ou par ecrit,
conformement a la Loi sur le droit a
!'information et la protection de to vie
privee.
10.2 Les membres du conseil gardent
confidentielles les questions qui sont
traitees dans une reunion qui peut etre
tenue a huis clos en vertu de la Loi sur
la gouvernance locale.
10.3 Les membres du conseil n'utillsent
pas d'informatiions confidentielles, y
compris l'information qu"ils pourraient
connaitre en raison de $eur fonction,
quit nest pas du domaine public, y
compris les courriels ou la
correspondance provenant d'autres
membres du conseil, ou de tierces
parties, pour un avantage personnel ou
privee ou pour I'avantage d'un membre
de leur famille ou de toute personne,
societe ou cause qui pourrait nuire a la
municipalite, une commission locale ou
autres.
10A The obligations identified in 10.4 Les obligations indiquees a la
section 10.3 above constitute section 10.3 ci-dessus constituent des
continuing obligations that apply obligations continues qui sont
following service on Council by any applicables apres qu'un membre du
Members of Council. conseil ait servi au conseil.
REMEDIAL ACTION IF
CONTRAVENTION OCCURS
MESURES CORRECTIVES EN CAS
D'INFRACTION
11.1 Should a Member of Council 11.1 Si un membre du conseil enfreint
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breach any of the principles outlined in
this Code of Conduct Bylaws, the
possible courses of action that are
available to Council include but are not
limited to:
(a) Reprimand;
un principe dnoncd dans le present
Arrete relatif au code de deontologie,
les mesures envisageables par le
conseil incluent, mais sans s'y limiter:
a) Une rdprimande;
(b) Expulsion of Member from a b) L'expulsion d'un membre d'une
meeting of Council or Council reunion du conseil ou d'un comitd
committee; du conseil;
(c) An apology by the Member of
Council to the impacted
individual(s), Council and or the
general public;
(d) Removal of the Member from the
Council Committee and/or
bodies;
(e) The Offences and Penalties
contained in the Local
Governance Act that apply to
Members of Council who violate
the Disclosure of Conflict of
Interest provisions of the Act;
c) La presentation d'excuses par le
membre du conseil a I'individu ou
aux individus concernds, au conseil
ou au grand public;
d) Le retrait du membre du comite du
conseil ou d'une instance du
conseil;
e) Les infractions et peines prdvues
dans la Loi sur la gouvernance
locale qui s'appliquent aux
membres du conseil qui
contreviennent aux dispositions de
divulgation de conflit d'intdrets de
la Lai;
(f) Other penalties and sanctions f)
contained in relevant federal or
provincial legislation.
IN WITNESS WHEREOF The City of Saint
John has caused the Corporate
Common Seal of the said City to be
affixed to this bylaw the day
A.D. 2019 and signed
by:
Les autres peines et sanctions
prevues dans la Idgislation fdddrale
ou provinciale applicable.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur
le prdsent arretd le 2019,
avec les signatures suivantes :
Common Clerk /Greffier communal
First Reading
Premiere lecture
Second Reading mm
Deuxieme lecture
Third Reading
Troseme lecture
im
IiF-1191
The City of Saint John
The City of Saint John
Consolidated Financial Statements
December 31, 2016
The City of Saint John
December 31 a 2016
10101 L't 114 k, I &I
WIN
Pane
Consolidated Financial Statements
Independent Auditor's Report
3-4
Consolidated Statement of Financial Position
5
Consolidated Statement of Operations and Accumulated Surplus
6
Consolidated Statement of Changes in Net Debt
7
Consolidated Statement of Cash Flow
8
Notes to the Consolidated Financial Statements
9-41
WIN
Deloitte`
beloitle LLP
mY�
Brunswick House
P.O. Box 6549
44 Chipman Hill, 7th Floor
Saint John NB Ell. 4119
Canada
'rel: 506.632-1080
Fax: 506-632-1210
www.deloltlaza
Independent Auditor's Report
To His Worship The Mayor and Members of Common Council of
The City of Saint John
We have audited the accompanying financial statements of The City of Saint John ("City"), which
comprise the consolidated statements of financial position as at December 31, 2016 and the consolidated
statements of operations and accumulated surplus, change in net debt and cash flow for the year then
ended, and a summary of significant accounting policies and other explanatory information.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these consolidated financial
statements in accordance with Canadian public sector accounting standards, and for such internal control
as management determines is necessary to enable the preparation of consolidated financial statements that
are free from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We
conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards
require that we comply with ethical requirements and plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the consolidated financial statements. The procedures selected depend on the auditor's judgment,
including the assessment of the risks of material misstatement of the consolidated financial statements,
whether due to fraud or error. In making those risk assessments, the auditor considers internal control
relevant to the entity's preparation and fair presentation of the consolidated financial statements in order
to design audit procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the City's internal control. An audit also includes evaluating
the appropriateness of accounting policies used and the reasonableness of accounting estimates made by
management, as well as evaluating the overall presentation of the consolidated financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
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Opinion
In our opinion, the consolidated financial statements present fairly, in all material respects, the financial
position of The City of Saint John as at December 31, 2016 and the results of its operations, changes in its
net debt, and its cash flows for the years then ended in accordance with Canadian public sector accounting
standards.
Chartered Professional Accountants
July 10, 2017
�l
The City of Saint John
Consolidated Statement of Financial Position
As at December 31, 2016
December 31, December 31,
2016 2015
Restated
(Note 8)
Financial assets
Cash and cash equivalents (Note 4)
56,446,462
28,879,337
Accounts receivable (Note 5), (Note 6) and (Note 7)
11,746,330
15,934,184
Investment in Energy Services (Note 8)
37,839,000
33,543,000
Other investments (Note 9)
8,347,991
7,913,047
114,3794783
86,269,568
Financial liabilities
Accounts payable and accrued liabilities (Note 10)
24,224,049
29,484,048
Deferred revenue
1,653,632
1,801,578
Deferred government transfers (Note 11)
13,736,023
1,098,153
Post employment benefits and compensated absences (Note 13)
118,083,268
123,690,809
Bank loan payable (Note 3)
56,454
108,582
Long term debt (Note 12)
206,785,270
221,444,436
364,538,696
377,627,606
Net debt
(250,158,913)
(291,358,038)
Non-financial assets
Inventory
1,448,515
1,469,832
Prepaids
546,664
1,098,292
Tangible capital assets (Note 20)
903,622,865
928,272,092
905,616,044
930,840,216
Accumulated surplus
655,459,131
639,482,178
Contingencies (Note 14)
, Chair of Finance Committee
The accompanying notes are an integral part of these consolidated financial statements.
0
The City of Saint John
Consolidated Statement of Operations and Accumulated Surplus
For the year ended December 31, 2016
Revenues
Property taxes
Unconditional grant
Other revenue from own sources (Note 25)
Water and sewer revenue (Note 16)
Miscellaneous revenue
Contributions from others (Note 25)
2016
19,923,206
Budget 2016
2015
(Unaudited)
(Restated
(Note 2)
Note 8)
S S
S
120,141,178 120,141,178 118,325,922
19,923,206
19,923,206
20,935,308
21,797,617
24,123,864
25,125,562
40,552,000
39,944,867
37,745,373
896„844
1,298,956
1,571,153
725,000
9,050,932
11,921,225
Income from energy services - 4,296,000 5,096,000
Expenses
General Government Services (Note 25)
Protective services (Note 25)
Transportation services (Note 25)
Water and sewer services (Note 25)
204,035,845 218,779,003 220,720,543
41,993,592
36,676,361
32,062,629
50,686„402
49,623,256
48,947,307
37,787,264
46,435,416
49,906,075
43,947,000
34„986,997
34,612„882
Environmental health services (Note 25)
3,629„4110
3,,208,944
3,262,,654
Environmental development services (Note 25)
18,303,935
21,479,934
20,030,186
Recreational and cultural services Note 25)_9,958,863
10,391,142
10,034,747
206,306;466 202,802,050 198,856,480
Annual surplus (2,270„621) 15,976,953 21,864,063
Accumulated surplus, beginning of year - 639,482,178 617,618;,115
Accumulated surplus, end of year (2,270,621) 655,459,131 639,482„178
The accompanying notes are an integral part of these consolidated financial statements.
6
`DN
The City of Saint John
The City of Saint John
Consolidated Financial Statements
December 31, 2017
The City of Saint John
December 31, 2017
Consolidated Financial Statements
Independent Auditors Report
Consolidated Statement of Financial Position
Consolidated Statement of Operations and Accumulated Surplus
Consolidated Statement of Changes in Net Debt
Consolidated Statement of Cash Flow
Notes to the Consolidated Financial Statements
fiF:f:3
ae
3-4
5
6
7
8
9-40
Independent Auditor's Report
To His Worship the Mayor and Members of Common Council$ of
The City of Saint John
Deloitte LLA
Brunswick House
P.O. Box 6549
44 Chipman Hill, 7th Floor
Saint John NB F.21. 4119
Canada
Tel; 506-632-1080
Fax: 506-632-1210
www.deloitte.ca
We have audited the accompanying financial statements of The City of Saint John ("City'), which comprise
the consolidated statements of financial position as at December 31, 2017 and the consolidated
statements of operations and accumulated surplus, change In net debt and cash flow for the year then
ended, and a summary of significant accounting policies and other explanatory Information.
Management's Responsibility for the Financial Statements
Management Is responsible for the preparation and fair presentation of these consolidated flnancial
statements In accordance with Canadian public sector accounting standards, and for such internal control
as management determines Is necessary to enable the preparation of consolidated financial statements
that are free from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility Is to express an opinion on these financial statements based on our audit. We conducted
our audit in accordance with Canadian generally accepted auditing standards. Those standards require that
we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in
the consolidated financial statements. The procedures selected depend on the auditor's judgment,
including the assessment of the risks of material misstatement of the consolidated financial statements,
whether due to fraud or error. In making those risk assessments, the auditor considers Internal control
relevant to the entity's preparation and fair presentation of the consolidated financial statements in order
to design audit procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the City's Internal control. An audit also Includes evaluating
the appropriateness of accounting pollcles used and the reasonableness of accounting estimates made by
management, as well as evaluating the overall presentation of the consolidated financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
93
iIE:1%7
Opinion
In our opinilon, the consolidated financial statements present fairly, in all material respects, the financial
position of The City of Saint John as at December 31, 2017 and the results of Its operations, changes In its
net debt, and Its cash Flows for the years then ended In accordance with Canadian public sector accounting
standards.
Chartered Professional Accountants
July 9, 2018
iIRM
El
The City of Saint John
Consolidated Statement of Financial Position
As at December 31, 2017
December 31, December 31,
2017 2016
ConHngendes (Note 14)
'Davi Meniffiew, Chair of Finance Committee
The accompanying notes are an integral part of these consolidated financial statements,
0
MOS
S
�
Financial assets
Cash and cash equivalents (Note 4)
28,972,730
56,446,462
Accounts receivable (Note 5), (Note 6) and (Note 7)
16,754,191
11,746,330
Investment in energy services (Note 8)
29,687,000
37,839,000
Other investments (Note 9)
101,975,857
8,347,991
_
177,3691778
114,379,783
Financia) liabilities
Accounts payable and accrued liabilities (Note 10)
30,134,834
24,224,049
Deferred revenue
1,631,334
1,653,632
Deferred government transfers (Note 11)
31,534,608
13,736,023
Post employment benefits and compensated absences (Note 13)
114,846,827
118,083,268
Bank loan payable (Note 3)
-
56,454
Long term debt (Note 12)
241,041,285
206,785,270
, .
419,188,888
3641538,696
Net debt
(241,799,110)°
L250,158,913)
Non-financial assets
Inventory
1,463,962
1,448, 515
Prepaids
643,058
546,664
Tangible capital assets Note 20)_
915,734,659
903,622,865
917,841,679
905,618,044
Accumulated surplus
676,042,569
655.459.131
ConHngendes (Note 14)
'Davi Meniffiew, Chair of Finance Committee
The accompanying notes are an integral part of these consolidated financial statements,
0
MOS
The City of Saint John
Consolidated Statement of Operations and Accumulated Surplus
For the year ended December 31„ 2017
The accompanying notes are an Integral part of these consolidated financial statements„
El
2017
Budget
(Unaudited)
2017
2016
(Note 2)
x
x
x
Revenues
Property taxes
120,853,074
122,979,450
120,141,178
Unconditional grant
20,225,932
19,328,372
19,923,206
Other revenue from own sources (Note 26)
24,979,320
24,679,313
24,123,864
Water and sewer revenue (Note 16)
41,985,000
42,667,479
39,944,867
Miscellaneous revenue
705,600
865,927
1,298,956
Contributions from others (Note 26)
589,182
21,193,684
9,050,932
Income from energy services
-
4,296,000
209,338,108
231,714,225
218,779,003
Expenses
General govemment services (Note 26)
43,558,884
35,844,645
35,580,902
Protective services (Note 26)
51,464,243
52,470,573
50,718.715
Transportation services (Note 26)
37,667,466
46,488,052
46,435,416
Water and sewer services (Note 26)
45,250,000
35,819,969
34,986,997
Environmental health services (Note 26)
3,760,728
3,281,736
3,208,944
Environmental development services (Note 26)
19,051,802
18,184,695
21,479,934
Recreational and cultural services (Note 26)
10,213,056
10,889,117
10,391,142
Loss from energy services
-
8,1521000
-
_ r
210,9661179
211,130,787
202,802,050
Annual surplus (deficit)
(1,628,071)
20,583,438
159976,953
Accumulated surplus, beginning of year
,
-
655459,131
6391482,178
w
Accumulated surplus, end of year
_.
676,042,569
6554459,131
The accompanying notes are an Integral part of these consolidated financial statements„
El
The City of Saint John
The City of Saint John
Consolidated Financial Statements
December 31, 2018
`PW
The City of Saint John
December 31, 2018
CONTENTS
Consolidated Financial Statements
Independent Auditor's Report
Consolidated Statement of Financial Position
Consolidated Statement of Operations and Accumulated Surplus
Consolidated Statement of Changes in Net Debt
Consolidated Statement of Cash Flow
Notes to the Consolidated Financial Statements
Pig
3-4
5
B
7
9.41
Deloitte.
DeblttaLLP
P.O. Box 20094
Brunswick Square
Saint John NS E21.5132
Canada
Tel: 506-632.1080
Fax: 506.632.3210
^ase
Independent Auditor's Report
To His Worship the Mayor and Members of Common Council of
The City of Saint John
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of The City of Saint John (the "City"), which comprise the
statement of financial position as at December 31, 2018, and the statements of operations, and
accumulated surplus, change In net debt and cash flow for the year then ended, and notes to the
financial statements, including a summary of significant accounting policies (collectively referred to as
the "financial statements").
In our opinion, the accompanying financial statements present fairly, in all material respects, the
financial position of the City as at December 31, 2018, and the results of its operations, Its
accumulated surplus, changes in its net debt, and Its cash flows for the year then ended In accordance
with Canadian public sector accounting standards VIRSAS'7.
Basis for Opinion
We conducted our audit In accordance with Canadian generally accepted auditing standards
("Canadian GAAS"). Our responsibilities under those standards are further described In the Auditor's
Responsibilities far the Audit of the Rnanclal Statements section of our report. We are Independent of
the City In accordance with the ethical requirements that are relevant to our audit of the financial
statements In Canada, and we have fulfilled our other ethical responsibilities in accordance with these
requirements. We believe that the audit evidence we have obtained Is sufficient and appropriate to
provide a basis for our opinion.
Responsibilities of Management and Those Charged with Governance for the Financial
Statements
Management is responsible for the preparation and fair presentation of the financial statements in
accordance with DSAS, and for such Internal control as management determines is necessary to
enable the preparation of financial statements that are free from material misstatement, whether due
to fraud or error.
In preparing the financial statements, management Is responsible for assessing the Organization's
ability to continue as a going concern, disclosing, as applicable, matters related to going concern and
using the going concern basis of accounting unless management either intends to liquidate the
Organization or to cease operations, or has no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the Organization's financial reporting
process.
Auditor's Responsibilities for the Audit of the Financial Statements
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole
are free from material misstatement, whether due to fraud or error, and to issue an auditor's report
that includes our opinion. Reasonable assurance Is a high level of assurance, but is not a guarantee
that an audit conducted in accordance with Canadian GAAS will always detect a material misstatement
when it exists. Misstatements can arise from fraud or error and are considered material If, Individually
or in the aggregate, they could reasonably be expected to influence the economic decisions of users
taken on the basis of these financial statements.
3
`1061'7
As part of an audit in accordance with Canadian GARS, we exercise professional judgment and
maintain professional skepticism throughout the audit. We also:
• Identify and assess the risks of material misstatement of the financial statements, whether due to
fraud or error, design and perform audit procedures responsive to those risks, and obtain audit
evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not
detecting a material misstatement resulting from fraud Is higher than for one resulting from error,
as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override
of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an
opinion on the effectiveness of the Ciiity's Internal control.
• Evaluate the appropriateness of accounting policies used and the reasonableness of accounting
estimates and related disclosures made by management.
• Conclude on the appropriateness of management's use of the going concern basis of accounting
and, based on the audit evidence obtained, whether a material uncertainty exists related to events
or conditions that may cast significant doubt on the City's ability to continue as a going concern. If
we conclude that a material uncertainty exists, we are required to draw attention In our auditor's
report to the related disclosures In the financial statements or, If such disclosures are inadequate,
to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of
our auditor's report. However, future events or conditions may cause the City to cease to continue
as a going concern.
• Evaluate the overall presentation,„ structure and content of the financial statements, including the
disclosures, and whether the financial statements represent the underlying transactions and
events In a manner that achieves fair presentation,
• Obtain sufficient appropriate audit evidence regarding the financial information of the entities or
business activities within the City to express an opinion on the financial statements. We are
responsible for the direction, supervision and performance of the group audit. We remain solely
responsible far our audit opinion.
We communicate with those charged with governance regarding, among other matters, the planned
scope and timing of the audit and significant audit findings, including any significant deficiencies in
internal control that we identify during our audit.
Chartered Professional Accountants
Saint John, NB
June 6, 2019
�I
iL61.1
I
The City of Saint John
Consolidated Statement of Financial Position
As at December 31, 2018
2018 2017
Financial assets
Cash and cash equivalents (Note 4) 54,488,474 28,972.730
Accounts receivable (Note 5), (Note 6) and (Note 7) 14,928,028 16,754,191
Investment in energy services (Note 8) 50,801,000 29,687.000
Other Investments Note 9 98,227,006 101,975,857
218,444,508 177,389,778
Financial liabilities
Accounts payable and accrued liablitties (Note 10) 153,921,929 30,134,834
Deferred revenue 1,350,102 1,631,334
Deferred government transfers (Note 11) 45,327,274 31,534,608
Post employment benefits and compensated absences (Note 13) 117,842,785 114,846,827
Long-term debt (Note 12) _ 230159,530 241,041,265
549 201620 419188 888
Not debt _ (330,757,112) (241,799,110)
Non-financial assets
Inventory
Prepaids
4,971,338 1,463,962
588,601 643,058
Tangible capital assets (Note 20) _ 1,023,433,031 915,734,659
1,028,992,970 917,841,679
Accumulated surplus 698,235,858 6.76,042,569
Contingencies (Note 14)
e Committee
The accompanying notes are an Integral part of these consolidated financial statements.
`LOYA
L
The City of Saint John
Consolidated Statement of Operations and Accumulated Surplus
For the year ended December 31, 2018
215,614,987 223 510168 211,130,787
Annual su usdeflclt (1,702,351) 22193 289 20,6a3,438
Accumulated surplus. beginning of year - 678,042,569 665,459,131
.Accumulated surplus, and of_year 698,236,858 676_042_569
The accompanying notes are an integral part of these consolidated financial statements.
6
iRU]
2018
Budget
(Unaudited)
2018
2017
(Note 2)
i
3
S
Revenues
Property taxes
121,319,068
123,443,042
122„979,450
Unconditional grant
16,603,,,206
15,659,510
19,,328,372
Financial assistance
4,717,196
4,556,010
-
Other revenue from own sources (Note 25)
25,086,270
23,679,,812
24„679,313
Water and sewer revenue (Note 16)
44,504,000
44„590„627
42,667,,,479
Miscellaneous revenue
311,000
421,081
865,927
Contributions from others (Note 25)
1,371,876
12,239,375
21,193,684
Income from energy services _
21,114,000
-
_
_,
213 912 636
245,703,457
231,714,225
Expenses
General government services (Note 25)
42,310,658
48,894,496
35,844,645
Protective serviflces (Note 25)
54,285,593
53,478,337
52,470,573
Transportation services (Note 25)
39,249,909
47„324,451
46.488,052
Water and sewer services (Note 25)
47,804,000
40,332,566
35,619,969
Environmental health services (Note 25)
3,764,178
3,429,828
3,281,736
Environmental development services (Note 25)
17,954,811
18,792,023
18,184,695
Recreational and cultural services (Note 25)
10,245,838
11,258,467
10,889,117
Loss from one services
8152 000
215,614,987 223 510168 211,130,787
Annual su usdeflclt (1,702,351) 22193 289 20,6a3,438
Accumulated surplus. beginning of year - 678,042,569 665,459,131
.Accumulated surplus, and of_year 698,236,858 676_042_569
The accompanying notes are an integral part of these consolidated financial statements.
6
iRU]
COUNCIL REPORT
M&C No.
2020-67
Report Date
February 20, 2020
Meeting Date
February 24, 2020
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Saint John Energy Non -Disclosure Agreement
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
That Common Council adopt the following resolution:
"RESOLVED that Common Council approve the Non -Disclosure Agreement
between the City and Saint John Energy which was attached to Council Report
M&C 2020-67 dated the 24th day of February 2020, and further that the Mayor
and Common Clerk be authorized to execute the said Agreement."
EXECUTIVE SUMMARY
In accordance with "Sustaining Saint John, a Three -Part Plan", the City has
retained Deloitte LLP to conduct an analysis of Saint John Energy's (SJE) current
and prospective operations. In order to do so confidential information from SJE
is required. SJE is prepared to provide the information conditional upon an
appropriate Non -Disclosure Agreement (NDA) being in place with each of the
City and Deloitte. Extensive exchange between officials of SJE and their legal
counsel, and officials of the City and the City Solicitor's Office have produced the
text of an NDA which we are recommending to the Committee of the Whole.
PREVIOUS RESOLUTION
RESOLVED that as recommended by the Committee of the Whole having met on
November 4, 2019 Common Council approve the following:
1. Authorize the Mayor and Common Clerk to execute the submitted Letter
of Engagement dated October 30, 2019; and
2. Approve a maximum of $50,000 be allocated from the Restructuring
Reserve Fund to support the Independent Business Valuation of Saint
`Pl%7
-2 -
John Energy's Growth Agenda, only to be used if there are insufficient
operating funds remaining in the 2019 budget to offset the associated
Deloitte engagement costs.
STRATEGIC ALIGNMENT
The recommended NDA supports the sustainability initiatives as they relate to
the role/contribution of SJE.
REPORT
In order for Deloitte to be able to execute the work required by its contract with
the City as part of "Sustaining Saint John, A Three -Part Plan", financially sensitive
information generated and/or held by SJE is required. SJE is prepared to disclose
such information to Deloitte and to the City subject to the appropriate
safeguarding of the confidentiality of that information, in accordance with the
applicable law.
The attached NDA essentially reflects the provisions of RTIPPA, providing that
neither party shall disclose information which that legislation requires to be held
in confidence. Under the terms of RTIPPA, a body subject to its provisions must
designate a person or group to act as the "head" as that title is used in the
legislation. It is the right and obligation of the "head" to determine, based on
the provisions of the governing legislation, the disposition of a request for
information. In other words, the "head" is charged with the duty of applying the
provisions of RTIPPA to each request for information received under that
legislation. The Common Clerk, Jon Taylor has been delegated by Council to
discharge the role of "the Head" for the City of Saint John. In discharging that
role the "head" and not the delegating entity, is statutorily mandated to
determine whether to disclose information requested and if so, the extent of any
disclosure. In making that determination the "head" would be expected to seek
legal advice as necessary and to consider representations made to him in good
faith. However, at the end of the day the decision is that of the "head".
A noteworthy provision contained in the recommended NDA is one which
stipulates that in instances where RTIPPA recognizes a discretion whether to
disclose information, the City will "encourage" the "head" to refrain from
disclosure when SJE advises in writing that to do so would potentially do harm to
its financial or business interests. The "head" as noted is not bound by such
encouragement but in our view would be acting entirely within his authority and
consistent with his responsibilities to consider any good faith communication
delivered to him.
We believe the draft text attached respects the provisions of RTIPPA and
simultaneously recognizes the legitimate interests of both SJE and the City in
180191
-3 -
maintaining information as confidential when such information could potentially
be harmful to the business and financial interests of the parties.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Mr. Neil Jacobsen in his former role as Deputy City Manager participated and
contributed to the discussions respecting the attached NDA.
ATTACHMENTS
Non -Disclosure Agreement
Wel
CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT
THIS AGREEMENT made as of the —day of ,
BY AND BETWEEN: THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a
corporate entity doing business as SAINT JOHN ENERGY
("SJE")
Of the First Part
–and–
THE CITY OF SAINT JOHN, a body corporate created by Royal
Charter, confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick, with its City Hall
located at 15 Market Square, in the City of Saint John, New
Brunswick (the "City")
Of the Second Part
WHEREAS The City has engaged Deloitte LLP ("Deloitte") to carry out a study of SJE (the
"Study"), which Study is anticipated to be carried out in three phases with phase 1 being a
current state pricing analysis ("Phase i"), phase z being a growth agenda assessment ("Phase
i") and phase 3 being an updated pricing analysis ("Phase 3"), and
WHEREAS the Study will result in Deloitte preparing and submitting to the City a separate
report on each of Phases 1, z and 3 (each a "Report"), as referred to in the first recital hereof;
and
WHEREAS the Study will entail SJE providing Deloitte with information which SJE has
provided or will provide on a confidential basis and which it has consistently treated as such,
and
WHEREAS each of SJE and the City is subject to the provisions of the Right to Information and
Protection of PrivacyAct (SNB 2009 c.r-1o.6) ("RTIPPA"); and
WHEREAS the information which SJE has made available on a confidential basis to Deloitte
could, if made public or released to certain third parties, cause irreparable harm to SJE given
amongst other things, the nature of such documents and information and the nature of SJE's
business.
2199239-
202
2
NOW THEREFORE, the parties in consideration of these presents and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, agree each with
the other as follows:
1. Preamble. The preamble of this Agreement forms an integral part thereof.
2. Reports.
Within five business days of the City receiving each Report and advising SJE
accordingly in writing, SJE shall identify in writing to the City all information
contained therein which SJE asserts would, if disclosed, be harmful to SJE's
business or financial interests. Such latter identification shall include a sound
explanation of the basis for SJE's assertion, articulated in the context of RTIPPA.
ii. The City shall not disclose any information identified to the City pursuant to the
provisions of paragraph i. without first having received the written consent of
SJE, unless: (i) disclosure is required pursuant to the provisions of RTIPPA or (ii)
the "head"has exercised, pursuant to the provisions of RTIPPA, the discretion to
disclose information and when in each such case the City has encouraged the
"head" to exercise the discretion not to disclose.
iii. The City shall forthwith upon receiving the identification of information referred
to in subparagraph i provide such identification to the Common Clerk of the City
or to whichever person or group of persons is designated from time to time by
the City to serve as the "head" pursuant to the applicable provisions of RTIPPA.
The identification of information aforesaid shall inform any decision which the
"head" might be required to take in the event that a request for related
information is made to the City.
3. Non -Disclosure. The process described in paragraph z is in addition to the provisions
of RTIPPA respecting the response to a request for information where the disclosure of
such information might be harmful to the financial or business interests of either the
City or SJE.
4. Subject to paragraph 5, neither the City nor SJE shall disclose information contained in
the Reports except (i) with the consent of the other party, which consent shall not be
unreasonably withheld, or (ii) in accordance with the applicable law, and (iii) disclosure
on a need—to-know basis to their respective employees and the members of Common
Council of the City and SJE's Board of Commissioners, as applicable, and who are
required to have the information in order to evaluate or engage in discussions regarding
or arising from the Study. The City and SJE shall ensure that any such employees and
2199239-
203
3
elected or appointed officials, as applicable, are aware of the obligations respecting
confidentiality established herein and that each agrees to comply with those
obligations.
5. The foregoing restriction does not apply to any information which:
(a) is or becomes generally available to and known by the public, other than as a
result of the party's unauthorized disclosure or material breach of this
Agreement;
(b) was already in SJE's possession or available to SJE before the effective date of
the Agreement (including such information that may have been incorporated
into and form part of one or more of the Reports);
(c) becomes available to SJE on a non -confidential basis from a source not bound
by a confidentiality obligation or agreement with the City; or
(d) has been or is independently developed or obtained by SJE without violating
any of the obligations under this Agreement.
6. Any discussion by the Common Council of the City or the Committee of the Whole of
the Common Council of the City shall to the fullest extent permissible by the open
meeting provisions of the Local Governance Act (S.N.B. 2017 c.19) occur at a meeting
closed to the public.
7. No Warranty. All Confidential Information is provided "as is, where is". Except as
otherwise stated, SJE makes no warranties, express, implied or otherwise, regarding its
accuracy, completeness or performance, non -infringement of third party rights, or
fitness for a particular purpose.
8. Access to Information. SJE expressly authorizes the City to obtain from Deloitte any
information provided to it by SJE and which bears directly or indirectly upon the subject
of the Study, and this Agreement shall operate as authority for Deloitte to provide if
requested by the City, such information as soon as reasonably possible.
9. Remedies. The parties agree and acknowledge that any breach of this Agreement
might cause irreparable harm to the other which might not be compensated by the
award of damages. Accordingly, the terms of this Agreement shall be specifically
enforced. The parties recognize that in the event of a breach of the obligations set
forth in this Agreement either party in addition to any other available rights and
remedies, shall be entitled to seek a provisional interlocutory injunction, an
interlocutory injunction and any other equitable remedy in order to allow it to enforce
the obligations set forth in this Agreement.
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10. Governing Law. This Agreement shall be governed by the laws of the Province of New
Brunswick and the federal laws of Canada applicable therein.
11. Interpretation. The parties acknowledge that their respective legal counsel have
reviewed and participated in settling the terms of this Agreement, and that any rule of
construction to the effect that any ambiguity is to be resolved against the drafting
party shall not be applicable in the interpretation of this Agreement.
12. Entire Agreement. This document contains the entire agreement between the parties
with respect to the subject matter hereof, and may only be amended or suspended in
writing.
13. Notices. Any notice, consent or other communication required or permitted to be
given or made under this Agreement shall be in writing and shall be effectively given if
delivered by hand or pre -paid registered mail:
In the case of the City to:
Common Clerk
The City of Saint John
8th Floor, City Hall
15 Market Square
Saint Joh, NB EzL 1E8
ii. In the case of SJE to:
Saint John Energy
PO Box 850 Stn Main
Saint John NB EzL 4C7
14. Severability. The provisions of this Agreement shall be severable. If any of the
provisions herein or its application to any specific situation shall be held to be invalid or
unenforceable for any reason, such invalidity or unenforceability shall not affect any
other provision of this Agreement or its application to any other situation.
[Signature page follows]
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IN WITNESS WHEREOF, the parties have executed this Agreement through their duly
authorized representatives as of the Effective Date.
THE POWER COMMISSION OF THE
CITY OF SAINT JOHN, doing business
as SAINT JOHN ENERGY
Per:
Ray Robinson
President and CEO
THE CITY OF SAINT JOHN
Per:
Mayor
Per:
Common Clerk
Resolution Date:
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PUBLIC REPORT FROM
COMMITTEE OF THE WHOLE
M&C No.
2020-66
Report Date
February 21, 2020
Meeting Date
February 24, 2020
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT. Settlement of Grievances - CUPE Local 486
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Scott A. Brittain, Q.C.
John L. Nugent, Q.0
John Collin
Kevin Hooper
Kevin Fudge
Stephanie Hassock
REPORT SUMMARY
The resolution recommended below by Committee of the Whole to Common
Council resolves two outstanding grievances on a without prejudice or precedent
basis, thereby averting the necessity of a scheduled arbitration proceeding
before Michel Doucet, Q.C. At the same time, it adds language to the CUPE Local
486 Collective Agreements with both the City and the Board of Police
Commissioners of the City of Saint John that will bring administrative efficiency
and additional clarity to the administration of this benefit moving forward in
circumstances where employees opt for a one -time -only payment in advance of
retirement. This outcome, as is noted in the resolution, is conditional on CUPE
Local 486's ratification of Letters of Agreement under each of the above -noted
Collective Agreements that incorporates the additional language found in the
resolution. It promotes good labour relations between the parties and has been
brokered having regard to that spirit of cooperation.
RESOLVED that "Retirement Pay", as that term is used in Article 20.02 of
separate Collective Agreements between CUPE Local 486 and the City and the
Board of Police Commissioners of the City of Saint John (the "Commission"),
respectively, be paid to former employees of the Commission who were
identified, respectively, by Employee # 2041 and #2191, on a without prejudice
or precedent basis subject to the ratification by CUPE Local 486 of a Letter of
Agreement under each of the aforementioned Collective Agreements which adds
the following additional language to Article 20.02: "Effective March 15; 2020,
there shall be a thirty (30) day period that shall elapse between the submission of
a request in writing for a one -time -only payment in lieu of retirement pay and the
payment of this benefit. Should an employee tender her or his resignation of
KIYA
employment to the Employer during this thirty (30) day period, she or he shall be
ineligible to receive this benefit."
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