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2023-01-23_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, January 23, 2023 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of January 9, 2023 5 - 15 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date: 1382 Hickey Road and Rescheduling of 92-94 16 - 18 Bon Accord Drive (Recommendation in Report) 5.2 Amendment for Bell Ethernet Connection Change (Recommendation in Report) 19 - 23 5.3 Acquisition of Easement at 41 Crown Street (Recommendation in Report) 24 - 32 5.4 Renew Data Integration Consulting Statement of Work (Recommendation in 33 - 36 Report) 5.5 Master Service Agreement for Professional Services with Deloitte LLP for year 37 - 55 2023 to provide audit services for the year ending December 31, 2022 (Recommendation in Report) 5.6 Printing Service Agreement with Saint John Energy 2023-2024 56 - 78 (Recommendation in Report) 5.7 City of Saint John - Forest Hills Ball Park Lighting Renewal Additional Required 79 - 81 Work (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 155 Market 82 - 105 Place (PI D: 00363259) 13. Committee Reports 13.1 Finance Committee: Letter to the Minister of Local Government and Local 106 - 163 Governance Reform 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 M. Cheney: Request to Present re: Universal Basic Income 164 - 165 (Recommendation: Receive for Information) 15.2 Saint John Board of Police Commissioners - Election of Officers 2023 166 - 166 (Recommendation: Receive for Information) 16. Supplemental Agenda 16.1 Big Brothers/Big Sisters: Celebrate Mentoring Luncheon - Ticket Purchase 167 - 174 Request 17. Committee of the Whole 17.1 Rehabitat Inc. Boar's Head Road Development - Option Extension 175 - 175 K 17.2 Development Proposal from John Howard Society on Troop Street 176 - 176 17.3 Information Technology Purchase 177 - 177 17.4 Rapid Housing Initiative - Due Diligence 178 - 178 18. Adjournment K City of Saint John Common Council Meeting Monday, January 23, 2023 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 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., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Land Matter 68(1)(d) 1.3 Financial Matter 68(1)(c) 1.4 Land Matter 68(1)(d) 1.5 Land Matter 68(1)(d) 1.6 Financial Matter 68(1)(c,d) 1.7 Financial Matter 68(1)(c,h) 1.8 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 23 janvier 2023 18h 2e etage, salle du conseil communal, h6tel de ville Cette reunion sera tenue avec un moyen de communication electronique. Le public peut assister a la reunion en personne clans la salle du conseil ou la regarder sur le site Web de la ville (www.saintiohn.ca) ou sur Rogers TV Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'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 : 16 h — Comite plenier a huis clos — Salle de conference du 2e etage 1.1 Approbation du proces-verbal 68(1) 1.2 Question fonciere 68(1)(d) 1.3 Question financiere 68(1)(c) 1.4 Question fonciere 68(1)(d) 1.5 Question fonciere 68(1)(d) 1.6 Question financiere 68(1)(c,d) 1.7 Question financiere 68(1)(c,h) 1.8 Question financiere 68(1)(c) 1.9 Question financiere 68(1)(c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance du territoire 1.2 Hymne national 2 2. Approbation du proces-verbal 2.1 Proces-verbal du 9 janvier 2023 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5,1. Date proposee pour I'audience publique : 1382, chemin Hickey et report du 92-94, promenade Bon Accord (recommendation clans le rapport) 5.2 Modification pour le changement de connexion de Bell Ethernet (recommendation clans le rapport) 5.3 Acquisition d'une servitude au 41, rue Crown (recommandation clans le rapport) 5.4 Renouvellement de 1'enonce des travaux de consultation sur l'integration des donnees (recommandation clans le rapport) 5.5 Contrat-cadre de services professionnels avec Deloitte LLP pour I'annee 2023 afin de fournir des services de verification pour I'annee se terminant le 31 decembre 2022 (recommandation clans le rapport) 5.6 Contrat de service d'impression avec Saint John Energy pour 2023-2024 (recommandation clans le rapport) 5.7 Ville de Saint John —Travaux supplementaires requis pour le renouvellement de I'eclairage du parc Forest Hills Ball (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demolition d'un batiment vacant, delabre et dangereux au 155, Market Place (PID:00363259) 3 13. Rapports deposes par les comites 13.1 Comite des finances : Lettre au ministre des collectivites locales et de la Reforme de la gouvernance locale 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 M. Cheney : Demande de presentation concernant : Revenu de base universel (Recommendation : Recevoir pour information) 15.2 Commission de police de Saint John — Choix des agents de 2023 (recommendation : Recevoir pour information) 16.Ordre du jour supplementaire 16.1 Grands Freres/Grandes Sceurs : Dejenuer Celebrons le mentorat — Demande d'achat de billets 17. Comite plenier 17.1 Rehabitat Inc. Developpement du chemin Boar's Head — Extension de I'option 17.2 Proposition de developpement de la John Howard Society sur la rue Troop 17.3 Achat de technologies de ('information 17.4 Initiative de logement rapide— Diligence raisonnable 18. levee de la seance CI COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN JANUARY 9, 2023 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Absent: Also Present: Chief Administrative Officer (CAO) B. McGovern City Solicitor M. Tompkins Commissioner Human Resources S. Hossack Fire Chief K. Clifford Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J. Hamilton Commissioner Finance K. Fudge Commissioner Public Works and Transportation Services M. Hugenholtz Deputy Clerk P. Anglin Administrative Officer R. Evans 61 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 Call to Order 1.1 Land Acknowledgement Deputy Mayor MacKenzie read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem Audrey Demmings a grade 6 student attending the Alison Dawn Voice and Music Academy sang O Canada by video. 2. Approval of Minutes 2.1 Minutes of December 12, 2022 Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that the minutes of December 12, 2022, be approved. MOTION CARRIED. 2.2 Minutes of December 19, 2022 Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the minutes of December 19, 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the agenda of January 9, 2023 be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest No disclosures. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report, M&C 2023-007: Proposed Public Hearing Date: 50 Newport Crescent, 54-58 Broad Street and a Text Amendment, Common Council schedule the public hearing for the Zoning Bylaw rezoning applications submitted by Kaleidoscope Social Impact for 54-58 Broad Street (PIDs: C.1 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 55083067, 00000224, 00000232, 55086151), Kindred Works (Carly Forrester) for 50 Newport Crescent (PID: 00042531) and for the text change amendment application submitted by Iron Gate Construction Services (Stephen Brittain) for Tuesday, February 21, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.2 RESOLVED that as recommended in the submitted report, M&C 2023-004: Contract No. 2022-16: Market Place West Phase III Revitalization, Contract No. 2022-16: Market Place West Phase III Revitalization be awarded to the low Tenderer, Fairville Construction Ltd. At their tendered price of $397,947.15 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.3 RESOLVED that as recommended in the submitted report, M&C 2023-005: Community Investment Fund Agreement: City of Saint John — Improvements (Design Services) — Millidgeville Boat Ramp Renewal, the City enter into an Agreement with the Regional Development Corporation (RDC) for funding under the Province of New Brunswick Community Investment Fund for funding to complete design services for the Millidgeville Boat Ramp Renewal project in the form and upon the terms and conditions as attached; and that the Mayor and City Clerk be authorized to execute the said Agreement. 5.4 RESOLVED that as recommended in the submitted report, M&C 2023-003: City of Saint John Fleet Maintenance Garage Relocation to the Saint John Transit Operations Centre Building: 1) The tender submitted by Bird Construction Group. for the Fleet Maintenance Garage Relocation to the Saint John Transit Operations Centre Building in the amount of $2,804,200 including HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried out for this project in the amount of $115,000 including HST, for a total cost of $2,919,200 including HST. 2) To amend the 2022 Capital Budget to include $ 959,913.32 from the Capital Reserve Fund to relocate the North Depot services to Rothesay Avenue and relocate Fleet Services to the Transit Building. 3) Additionally, it is recommended that the Mayor and City Clerk be authorized to execute the necessary contract documents. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: RESOLVED that the recommendation set out in each consent agenda item be adopted. MOTION CARRIED UNANIMOUSLY 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations/Presentations 9. Public Hearings - 6:30pm r� COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 9.1 Proaosed Section 59 Amendment — 35 Water Street Commissioner Hamilton advised the public hearing is an application for rezoning submitted by the Fundy Harbour Group for the properties located at 35 Water Street in the City's uptown. The application is seeking an amendment to the current 59 conditions to provide flexibility to the proponent providing them with the option to construct either of the two southern buildings to commence the dev elopment. The application has been evaluated by staff and PAC with recommendations for approval of the amended conditions. Senior Planner M. Reade provided the staff presentation with recommendation for amendments to the Section 59 conditions. The public engagement process was described. The Mayor called for any members of the public wishing to speak in opposition to the proposed amendment with no one presenting. The Mayor called for any members of the public wishing to speak in support of the application with no one presenting. The Mayor closed the public hearing. Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that Common Council repeal the Section 59 conditions imposed on the January 24, 2022, rezoning of the property located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113. MOTION CARRIED Moved by Deputy Mayor MacKenzie, seconded by Councillor Harris: RESOLVED that the City, pursuant to the provisions of Section 59(1)(b) of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 3.0 hectares, located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113 (collectively the "Rezoned Properties"): a. That the development of the site be limited to the applicant's proposal for a mixed - use development having a maximum floor area of 69,700 square metres and a maximum of 677 dwelling units as generally outlined on the plans submitted with the original application. b. That only the southeast and southwest buildings (noted as Phase 1 and Phase 2 on the plans submitted with the original rezoning) be permitted on the basis of this resolution and that prior to beginning construction on any future phases of this development, that the City shall grant further approvals and impose any additional conditions on such future phases of this development through an amendment to these conditions. C. That the heights of the proposed buildings be between 6 storeys (25 metres) to 19 storeys (70 metres) as outlined on the plans submitted with the original rezoning application. 4 E:3 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 d. That the massing of the proposed development be generally as outlined on the plans submitted with the original rezoning application. e. That the uses within the proposed development be limited to the following: • Commercial Uses, including but not limited to a Business Office, Retail, Commercial Entertainment, Personal Service, Restaurant, and Accommodation/Hotel • Multiple Unit Dwelling(s) • Community Centre • Cultural Establishment • A Parking Garage • Surface Parking as outlined in the applicant's proposal for the site • Publicly Accessible Greenspace • The following as interim uses of undeveloped areas of the site as the phased development of the overall site is occurring: o a farmers' market or seasonal retail use; o special events and festivals held on the site on a temporary basis; o work associated with the replacement of the existing seawall along the waterfront frontage of the site and siteworks including the associated placement of fill on the site; o notwithstanding subsection 9.17(1) of the Zoning By -Law, the placement of any building or structure, such as, but not limited to, a construction camp with no overnight accommodation, an office trailer, a tool shed, scaffolding, or construction materials or equipment, provided that the materials stored on site for a period of longer than 14 days be screened from view from Water Street and adjacent properties by a fence enclosed with filter strips or similar means; o a commercial parking lot including the rental of parking spaces on a monthly or hourly basis or additional surface parking for the development subject to the following: • paving of the parking area complete with painted lines delineating the parking stalls; • that a landscaped area having a minimum width of 2 metres be developed at the rear of the sidewalk along the Water Street frontage to provide a visual buffer of the proposed interim parking area; and • that the layout of the parking area and associated landscaping and/or screening to be shown on a site plan approved by the Development Officer; 5 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 o work associated with the replacement of the existing seawall along the waterfront frontage of the site and siteworks including the associated placement of fill on the site; and o a recreational use. f. That the design considerations outlined in the Wind Study for the development to mitigate the wind impacts on the pedestrian environment around the building entrances and for the proposed upper -level terraces be implemented through the detailed design of the development and that confirmation of the effects of these mitigative measures be provided to the Development Officer with the Building Permit application(s). g. That the detailed design of the angled parking area and raised sidewalk along the west side of Water Street be subject to the review and approval by the City to ensure appropriate design measures are employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian circulation. h. That the following cladding materials be prohibited in the development: Vinyl siding, • Plywood, • Exterior insulation and finish systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block That the development incorporates the following minimum glazing percentages: • Minimum Allowable glazing percentages - Ground floor retail: 50-80%. • Minimum Allowable glazing percentages - Above -grade: 25-60%. j. That the developer be permitted to deviate from the sequence of development of the Rezoned Properties as outlined on the phasing plan provided with the original rezoning, provided that the design of the building to be constructed has already been approved by Common Council through an amendment to these conditions, and that the developer's engineering team has confirmed that the next phase of development corresponds to the estimated water and sewer demands proposed for the site (all phases) and approved by the City at the initial rezoning stage. Water and sewer demand calculations for each phase of the development must be prepared by the Developer's engineering consultant and approved by the City prior to construction of the respective phase. k. That the developer grant any easements and/or rights -of -way requested by the City at the City's sole discretion, for all municipal infrastructure within the Rezoned Properties and the relocated sidewalk along the west side of Water Street. The suitability 6 iK COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 of the width of the easements are subject to the review and acceptance of Saint John Water and the City. I. That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed. These improvements include: o That a subsequent traffic assessment be completed following the initial phases of construction and the return of normal traffic conditions (after construction on the second building and prior to construction of the third building) to verify the results of the submitted study. o Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4 of the proposed development (construction of the northeast, northwest, southeast and southwest buildings) be updated based on the updated traffic assessment. o Construction of the elevated sidewalk associated with the southeast building to remove the need for pedestrians to walk adjacent to Water Street traffic from the angled Water Street parking spaces and the adjacent sidewalk. M. If any municipal infrastructure improvements are required to service this proposal, it will be the developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. MOTION CARRIED. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment with Section 59 Conditions - 51 Heather Way (Third Readin Commissioner Hamilton advised the third reading is for a rezoning application to subdivide approximately 3583 square meters from the lot identified as PID Number 55124341, and to rezone the proposed lot from Two -Unit Residential (R2) to Local Commercial (CL) to facilitate the development of a new Day Care. Assent from Common Council is required with respect to money -in -lieu of Lands for Public Purposes (LPP). The development also requires Council's assent to a Local Government Services Easement, which will vest upon filing of the Final Plan of Subdivision.). The application received 1st and 2nd reading December 12, 2022, and all legislative requirements under the Community Planning Act have been met. Council may now consider third reading and approval of section 59 conditions. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-144 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 3583 square meters, located at 51 Heather Way, also identified as a portion of PID No. 55124341, from Two Unit Residential (R2) to Local Commercial (CL), be read. rA 11 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 MOTION CARRIED. The by-law entitled, "By -Law Number C.P. 111-144 A Law to Amend the Zoning By -Law of The City of Saint John" was read in entirety. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that Common Council rescind the Section 39 conditions imposed on the March 17, 2008, rezoning of the property located at 51 Heather Way, also identified as PI D 55124341: a) Prior to any blasting taking place on the property, inspections must be performed on all homes adjacent to the development and those separated from the development by a street; and b) Blasting only occur between the hours of 7:00 a.m. to 7:00 p.m. Monday to Friday; and c) Testing of wells before and after the development be carried out. MOTION CARRIED. Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that Common Council impose the following Section 59 conditions rezoning of the property located at 51 Heather Way, also identified as PID 55124341: a) 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, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i) That the proposed development incorporates pedestrian connections between the building and the parking lot and between the building and the public sidewalk located on Heather Way; ii) That the proposed development include the installation of directional signage to establish the traffic flow allowed at each of the two proposed street accesses; iii) The above elevation and site plans be attached to the permit application for the development of the parcel of land. b) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; c) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Killen: 12 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 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 3583 square meters, located at 51 Heather Way, also identified as a portion of PID No. 55124341, from Two Unit Residential (R2) to Local Commercial (CL), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title "By -Law Number C.P. 111-144 A Law to Amend the Zoning By - Law of The City of Saint John." Moved by Councillor Killen, seconded by Councillor Stewart: RESOLVED that Common Council assent to the submitted subdivision plan, in general accordance with the submitted tentative plan with respect to any required Local Government Services Easements. MOTION CARRIED. Moved by Councillor Killen, seconded by Councillor Radwan: RESOLVED that Common Council accept money -in -lieu of Land for Public Purpose dedication. MOTION CARRIED. 11. Submissions by Council Members 11.1 Guaranteed Livable Basic Income (Deputy Mavor MacKenzie Moved by Deputy Mayor Mackenzie, seconded by Councillor Hickey: RESOLVED that the Council of the City of Saint John directs the Office of the Mayor to write a letter to the Prime Minister, New Brunswick Members of Parliament and the Senate, the Premier of New Brunswick, Members of the Legislative Assembly of New Brunswick, and the Fundy Regional Service Commission, calling on these orders of government to work towards implementing a Guaranteed Livable Basic Income to eradicate poverty and homelessness, and ensure everyone has sufficient income to meet their basic needs. MOTION CARRIED. 12. Business Matters — Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy Verbal The CAO provided an update on the following items: • Innovative Central Peninsula Learning Commons — Construction to commence in 2024 with planned opening for the 2026 academic year • Fundy Quay/Market Slip area — Sea wall 100% complete and site turnover to developer near completion • New Comprehensive Recreation Facility - $3 million set aside in reserve to fund its portion 13 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 • Investment in Industrial Parks — Value chain analysis underway, identifying target sectors and customer targets, developed a marketing and communications scope of work to commence procurement process, and 10-year strategic plan for Industrial Parks a key project for 2023 workplan • Comprehensive Tax Reform — Understanding opportunities and challenges with Regional Service Commission Model • Matching Dollars for Bilateral Funding — Many City applications have been approved • Affordable Housing — Action Plan recently approved, advancing several Plan initiatives to accelerate the supply of affordable housing in Saint John, and the Affordable Housing Grant program is set to be approved tonight • Post -Secondary Education - $22.9 million in funding to NBCC to increase the number of seats from 356 to 600, and Federal, Provincial, and UNB funding of $40 million to build the new Health and Social Innovation Centre here in Saint John Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that the Update on Select Catalytic Projects and Advocacy be received for information. MOTION CARRIED. 12.2 Transit Transformation Referring to the submitted presentation Commissioner Hugentholtz presented on the latest transformations in Saint John Transit. Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the Transit Transformation presentation be received for information. MOTION CARRIED. 13. Committee Reports 13.1 Community Enhancement Project Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that as recommended in the submitted report, M&C 2023-001: Community Enhancement Project, Common Council approve the following: 1. Receive for information the attached report and presentation slides on the Community Enhancement Project. 2. Aggressively pursue with the Province of New Brunswick the following improvements outlined by the Community Enhancement Project: a. The ability to implement a Vacant Building Tax and/or a Vacant Building Registry linked to the property tax system. b. An improved Tax Sale process that better addresses abandonment. The Mayor prepare on behalf of Common Council a letter to be directed to each of the appropriate Provincial Ministers to begin the pursuit of these changes. 3. Direct staff to amend the Beautification Grant Policy to migrate the Beautification Grant Program to the North End for 2023. 10 14 COMMON COUNCIL / CONSEIL COMMUNAL January 9, 2023 / le 9 janvier 2023 MOTION CARRIED. 13.2 Affordable Housing Grant Program Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that as recommended in the submitted report, M&C 2023-002: Affordable Housing Grant Program, Common Council adopt the Affordable Housing Grant Policy, with the goal of increasing the amount of new affordable residential units constructed in the City of Saint John. MOTION CARRIED. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 Submission to Council -Tidal Heritage Development - Affordable Housing Grant Program Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the submission from Tidal Heritage Development regarding Affordable Housing Grant Program be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on January 9, 2023, be adjourned. MOTION CARRIED. The meeting adjourned at 8:04 p.m. 11 15 COMMON COUNCIL REPORT M&C No. 2023-014 Report Date January 19, 2023 Meeting Date January 23, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date: 1382 Hickey Road and Rescheduling of 92-94 Bon Accord Drive AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Jennifer Kirchner Jacqueline Hamilton Brent McGovern RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law Section 59 amendment application submitted by U-Haul Co. (Canada) Ltd. for 1382 Hickey Road (PID: 55007066) for Monday, March 6, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. RESOLVED That Common Council reschedule the public hearing for the Zoning By- law Rezoning application submitted by Zhao Jian for 92-94 Bon Accord Drive (PID: 00446310) from Monday, February 6, 2023 to Monday, April 3, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law Section 59 amendment application received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, March 6, 2023. The second purpose of this report is to advise Common Council of the request made by the applicant of the Zoning By-law Rezoning application for 92-94 Bon Accord Drive to reschedule the established public hearing date and to recommend an appropriate public hearing date. The recommended public hearing date is Monday, April 3, 2023. PREVIOUS RESOLUTION At its meeting of December 12, 2022, Common Council scheduled a Public Hearing date of February 6, 2023, for the Zoning By-law rezoning application submitted by Zhao Jian for 92-94 Bon Accord Drive (PID: 00446310). -2- At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT In response to the motion above, this report indicates the application received and recommends an appropriate public hearing date. Details of the application are available in the Common Clerk's office and will form part ofthe documentation at the public hearing. The following application has been received for the March 6, 2023 Public Hearing date: Name of Location Proposal Reason Applicant U-Haul Co. 1382 Hickey To amend the existing The proposed (Canada) Ltd. Road (PID: Section 59 conditions amendment will enable 55007066) associated with the self -storage limiting the self- warehouse facility to storage warehouse expand their business facility to the operations through the southeast portion of construction of new the site. buildings. In response to the second motion, the applicant indicated to staff that they are securing technical assistance for the project and that the firm they have hired will be representing them through the rezoning process including the PAC meeting and the Public Hearing. The use of a representative will eliminate the language barrier that limits the applicant's ability to participate in the public process and will ensure that they are adequately and fairly represented. The following application has received a request to reschedule the Public Hearing date to April 3, 2023: Name of Location Existing Proposed Reason Applicant Zone Zone Zhao Jian 92-94 Bon Two -Unit Low -Rise To convert a 2- Accord Drive Residential (R2) Residential (RL) unit into a 4- (PID: unit residential 00446310) building. 17 -3- While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 3% annual property tax base growth and ongoing work to increase the target. SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None iF:3 COUNCIL REPORT M&C No. 2023 - 010 Report Date January 17, 2023 Meeting Date January 23, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Amendment for Bell Ethernet Connection Change OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Hugh Kwak Stephanie Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the City enter into Amendment 1 to Bell Ethernet Services Schedule with Bell Aliant in the form attached to M&C No. 2023-010; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. EXECUTIVE SUMMARY In order to provide a faster and more stable connection for SCADA at the Millidgeville Wastewater Treatment Facility, Bell Aliant is required to reprogram devices to enable the circuit. The total cost of reprogramming devices is $1,200 plus HST. This is a one-time cost and is included in the attached contract amendment. PREVIOUS RESOLUTIONS At the meeting of June 13, 2022, Common Council resolved: That as recommended in the submitted report 2022-215: Bell Ethernet Connection Location Change, the City enter into Amendment 1 to Bell Ethernet Services Schedule with Bell Aliant in the form attached to M&C No. 2022-215; and that the Mayor and City Clerk be authorized to execute said Amendment and any documents ancillary thereto. At the meeting of March 17, 2022, Common Council resolved: 11111061 2 That as recommended by the City Manager in the submitted report M&C 2022-078 Renewal of Bell Ethernet Service Schedule, the City enter into the renewal of Bell Ethernet Services Schedule in the form as attached in M&C No. 2022-078 with Bell Canada for the delivery of ethernet network services and that the Mayor and Clerk be authorized to execute the Bell Ethernet Services Schedule. REPORT The Information Technology (IT) team moved a network circuit from the Lily Lake site to the Millidgeville Wastewater Treatment Facility (MWWTF) in July to reduce multiple potential connection failure points and to increase network performance for employees while working. Further, IT will leverage the bandwidth of the faster connection to support proper back-ups of the SCADA system at the MWWTF. To achieve this, Bell Aliant technicians need to reconfigure their devices to create secured connections between MWWTF and Saint John Water at the Rothesay Avenue facility. STRATEGIC ALIGNMENT As outlined in Council Priorities under Perform, the City is looking for strategic approaches to improve performance. By changing the connection, it increases efficiency in the performance of system stability and ensures an undisrupted connection to the SCADA network. SERVICEAND FINANCIAL OUTCOMES Configuring the connection between MWWTF and the Rothesay Avenue facility will cost $1,200 plus HST. The operational cost remains the same and is allocated for in the approved 2023 Saint John Water operational budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office has reviewed the Amendment 1 to Bell Ethernet Services Schedule and the recommendation of this Report. The Saint John Water service area has reviewed this report and agree to its contents. ATTACHMENTS Amendment 1 to Bell Ethernet Services Schedule 149] DocuSign Envelope ID: 969B4E27-OOC8-46DD-A49A-5482AB082147 Master Agreement: 41EWIAIIant. Services Schedule Number: CN-2203-72045 Amendment Number: CN-2212-73375 Amendment 1 to Bell Ethernet Services Schedule, made as of January 3, 2023 ("Amendment') Between: City Of Saint John (the "Customer"), and Bell Aliant, a division of Bell Canada ("Bell'), WHEREAS Bell and Customer entered into an Bell Ethernet Services Schedule (CN-2203-72045) effective as of March 29, 2022 (the "Services Schedule"); AND WHEREAS both parties desire to amend the Services Schedule as described in this Amendment, and any attachments to it; NOW THEREFORE the parties agree as follows: 1. Section 3, Tables 1, 2, and 3 of the Services Schedule are hereby deleted and replaced with the revised Tables 1, 2, and 3 attached hereto as Appendix "A". 2. All other provisions of the Services Schedule remain in full force and effect, unchanged. IN WITNESS WHEREOF the parties have executed this Amendment as of the date herein above first written. City Of Saint John Bell Aliant, a division of Bell Canada DOCUSigned by: SIGNATURE: SIGNATURE: ES 7 F NAME: NAME: Steve Titus TITLE: TITLE: —4 I am authorized to bind Customer to the terms and I am authorized to bind Bell Canada to the terms conditions of this Amendment. and conditions of this Amendment. DATE: DATE: 2022-12-21 YYYY-MM-DD YYYY-MM-DD City Of Saint John SIGNATURE: NAME: TITLE: I am authorized to bind Customer to the terms and conditions of this Amendment. DATE: Amendment to Bell Ethernet Services Schedule Version 1.3 Page 1 of 3 July 1, 2015 21 DocuSign Envelope ID: 969B4E27-OOC8-46DD-A49A-5482AB082147 Master Agreement: 41EWIAliant Services Schedule Number: CN-2203-72045 Amendment Number: CN-2212-73375 APPENDIX "A" TO AMENDMENT 1 TO BELL ETHERNET SERVICES SCHEDULE Table 1 Fiber Access Sites 711 Dever Rd 1 100 $475 $475 $475 $0 536 Main St 1 100 $475 $475 $475 $0 14 Kings Sq S 1 100 $475 $475 $475 $0 1500 Hickey Rd 1 100 $475 $475 $475 $0 688 Grandview Av 1 100 $475 $475 $475 $0 36 Courtenay Av 1 100 $475 $475 $475 $0 842 Loch Lomond Rd 1 100 $475 $475 $475 $0 41 Manchester Av 1 100 $475 $475 $475 $0 286 King St. W 1 100 $475 $475 $475 $0 171 Adelaide St 1 100 $475 $475 1 $40 $40 $515 $0 55 McDonald St 1 100 $475 $475 1 $40 $40 $515 $0 100 Boars Head Rd 1 100 $475 $475 1 $40 $40 $515 $0 441 Red Head Rd 1 100 $475 $475 $475 $0 35 Adelaide St 1 100 $475 $475 $475 $0 600 Millidge Av 1 100 $475 $475 $475 $0 525 McAllister Dr 1 100 $475 $475 1 $40 $40 $515 $0 45 Leinster St 1 100 $475 $475 1 $40 $40 $515 $0 45 Leinster St 1 100 $475 $475 $475 $0 10 Fisher Lakes Dr 1 100 $475 $475 $475 $0 175 Rothesay Av 1 1000 $595 $595 1 $40 $40 $635 $0 15 MarketSq 1 1000 $595 $595 $595 $0 1 PeelPz 1 1000 $595 $595 $595 $0 7 McIntosh St 1 1000 $595 $595 0 $0 $0 $595 $0 7 McIntosh St 1 1000 $595 $595 0 $0 $0 $595 700 Woodward Ave (Waste Water Site) 1 100 $475 $475 0 $0 $0 $475 $1,200 Total: 1 $13,190 1$1,200 Table 2 DSL Access and Bandwidth Term: 1 Year Subtotal Access Monthly Prem. Total One Loc Subtotal Rate Premium Location Address Qty Speed Fees per Bw Monthly Time ID Site Fees per 64k Bandwidth (Mbps) Site (64k) Fees Fees Fees 0 $0 $0 0 $0 $0 $0 $0 0 $0 $0 0 $0 $0 $0 $0 0 $0 $0 0 $0 $0 $0 I $0 Total: 1 $0 1 $0 Table 3 TDM (T1/Bonded T1) Access and Bandwidth Amendment to Bell Ethernet Services Schedule Version 1.3 Page 2 of 3 July 1, 2015 22 DocuSign Envelope ID: 969B4E27-OOC8-46DD-A49A-5482AB082147 EWIAlianL Term: 1 Year Master Agreement: CN-0807-8441 Services Schedule Number: CN-2203-72045 Amendment Number: CN-2212-73375 Subtotal Access Monthly Prem. Total One Loc Subtotal Premium Location Address Qty Speed Fees per BW Monthly Time ID Site Fees Bandwidth (Mbps) Site (YIN) Fees Fees Fees 0 $0 $0 No $0 $0 $0 0 1 1 $0 1 $0 1 No $0 $0 $0 0 1 1 $0 1 $0 1 No $0 $0 $0 Total: 1 $0 1 $0 Amendment to Bell Ethernet Services Schedule Version 1.3 Page 3 of 3 July 1, 2015 23 COMMON COUNCIL REPORT M&C No. 2023-19 Report Date January 17, 2023 Meeting Date January 23, 2023 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Acquisition of Easement at 41 Crown Street AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Curtis Langille Melanie Tompkins Brent McGovern RECOMMENDATION 1. That the City enter into an Agreement of Purchase and Sale in the form generally as attached to this M&C report with T. J. Tab Holding Inc. for the acquisition of an easement for municipal services over and along a property identified as 41 Crown Street (PID No. 00017905 and 55097091); and 2. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. EXECUTIVE SUMMARY At the request of Utilities and Infrastructure, Real Estate Services commenced discussions with the owner of 41 Crown Street (also known as Crown Court Apartments), to acquire an easement over and along the southern sideline of their property (between Brunswick Drive and Crown Street). The purpose of the easement is to accommodate the installation of a new storm sewer line between Brunswick Drive and Crown Street. The installation of a new line (between Brunswick Drive and Crown Street) will permit the separation of storm and sanitary flows on Waterloo, Brunswick, Exmouth and Paul Harris Streets. This proposed storm sewer installation is part of the Hanover/Crown Street Storm Sewer project approved in the 2022 General Fund Program. After some discussions with staff, the owner has agreed to convey an easement to the City of Saint John, as outlined in Attachment 3 to this M&C report. The purpose of this report is to seek authority for the City to enter into an Agreement of Purchase and Sale with the owner for the acquisition of the said easement. ME -2- PREVIOUS RESOLUTION N/A REPORT At the request of Utilities and Infrastructure, Real Estate Services commenced discussions with the owner of the subject property, located at 41 Crown Street, also known as PIDs 17905 and 55097091 (the "Property") to negotiate the terms of acquisition of an easement under and along the southern sideline of the property. The Property is situated between Brunswick Drive, Haymarket Square and Crown Street. The Property has been known by many names over the years (Holiday Inn, Courtenay Bay Inn) and is currently referred to at the Crown Court Apartments. The subject easement is 4 metres wide and runs from Brunswick Drive to Crown Street, along the southern property line abutting the NB Housing Corporation lands (See Attachment 1). The purpose of the easement is to accommodate the installation of a new storm sewer line between Brunswick Drive and Crown Street. Staff corresponded and met with the owner of the Property several times which has resulted in an agreement to convey an easement to the City of Saint John as outlined in the Attachment 3. The proposed purchase price for the easement $10,000 and is based on a review of recent sales in the vicinity of 41 Crown Street. The other terms noted in Attachment 3 are standard for the acquisition of an easement. The Closing Date is indicated to be March 31, 2022. That is a typo in the draft Agreement of Purchase and Sale and will be corrected to say March 31, 2023, prior to execution by the Mayor and Clerk. STRATEGIC ALIGNMENT The recommendation herein aligns with Council's priority of Perform. SERVICEAND FINANCIAL OUTCOMES The acquisition of this easement and the ability to separate storm water sewer from sanitary sewerage will reduce the demand on the downstream lift station(s) and the Eastern Wastewater Treatment Facility. Separating the storm sewer from the sanitary sewer (in the subject area) also creates downstream capacity in the sanitary sewerage lines (which could be used to support future development). This proposed project is part of the Hanover/Crown Street Storm Sewer project approved in the 2022 Budget. i►R -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Utilities and Infrastructure requested an easement under and along the Property. They advised the easement is required for the installation of a new storm sewer line between Brunswick Drive and Crown Street. The new line will permit the separation of storm and sanitary flows on Waterloo, Brunswick, Exmouth, and Paul Harris Streets. Currently the storm and sanitary system tie together in the Haymarket area. The combined flows are pumped to the Eastern Wastewater Treatment Facility for treatment. Conveying stormwater in what should be a sanitary system robs capacity (for development) and costs money for unnecessary treatment. Thus, it is the object of the City to remove storm flows wherever possible. ATTACHMENTS 1. Location Map; 2. Sketch of easement location; and 3. Agreement of purchase and sale. 41-1 -4- Attachment 1 — Location Map 41 Crown Street Property M 12 24 12/21/2022, 8:30:01 AM Override 1 1:1,128 0 0.61 0.01 0.03 mi Official Civic Addresses 5 s 0 0.01 0.03 0.05 km Property Assessment 9ourca, Esrt, MFlxar, EsrthsW Geogreph- and the Pis User Property Parcels Ear,. HERE, Gar a Fao, room, USGs- Open5lreetMap canhibutors, end Me GIS Gser Community GI5 Viewer (C) City of Seint John WA -5- Attachment 2 — Sketch of easement location w - - -- --- - j 1 I + CRV �F :Nld�.If.HA �� CROWN STREET STORM SEWER PLAN PROFILE SESL K-11 M Attachment 3 — Agreement of Purchase and Sale AGREEMENT OF PURCHASE AND SNLE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement/easement for municipal services in and through the Vendor's land identified as'Pl0 No.00017905 and 55097091 as hereinafter set out upon the following terms and conditions. Vendor: T.1. Tab Holding Inc. Al Crown Street Saint John, NB EZL DE2 Attention: Thomas Barbara Purchaser THE CITY OF SAINT J 0 H N P.O. Box 1971 T5 Markel Square Saint John, NB E2L3L1 Attentions City clerk Premises, Easement in and through the land; identified as Plil No. OW17905 and 55097091, compnsmg of an apprnxrmate area of 400 square meters (more or less), as shown on the drawing attached hereto as 5chedule'A" titled "CROWN STREET STORM SEWER" [hawing (the "Real Property'). Purchase Price, $10,000.00 plus HST if applicable Closing Caler On or before March 31, 2022. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property, at all times and from time to time with machinery, matenals, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, ,utcessors and assigns of such Vendor from erecting or kxattng on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the initial installation of municipal works the Purchaser shall re -instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the installation of municipal works Wei 2 The Purchaser, by its officefs, servants, agents, contractors, and workers, has permission from the Vendor to enter upon the heat Property as soon as possible to do the work before the Easement is signed and registered the Purchaser shall give the Vendor 24 hours prior notice before the Initial entry upon the Real Property. 3 The Purchaser mdy examine the Idle to the Real Property at Its own expense within thirty (30) days following the Purrhaser's acceptance of this offer. !l within that time arry valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (201 days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall. notwithstanding any intermediate arts or negotiations in respect of such objections,, be null and void and the Vendor shall not be liable for any costs or damages. Save as to any valld objection so tirade within such time, the Purchaser shall be conclusrvely deemed to have accepted the title of the Vendor to the Real Property 4. In the event that the Vendor's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in regasterable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration {including appraisal) fees required by each encumbrancer to give the Postponement 5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated, and Ill) The Purchaser shall reimburse the Vendor up to$7W, .00 plus HST for legal fees expended by the Vendor to finalize this conveyance, and (im) The Purchaser shalt pay for registration & filing fees at Service New Brunswick, if applicable, for the plan, Easement, and the Postponement b. The Purchaser will have vacant possession of the Real Property on Closing. 7. This offer shall be irrevocable by the Vendor until 4.00 p.m, local time on December 20, 2022, and upon acceptance by the Purchaser shalt constitute an Agreement of Purchase and Sale bending upon the parties hereto 8. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof 091 IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of Name: Thomas Barbara AND the Purchaser has caused these presents to be executed this _ day of 2023 THE CITE OF SAINT JOHN Per: Name: Donna Noade Reardon Title: Mayor Per Name: Jonathan Taylor Tale: City Clerk Common Council Resolution Date: .2023 31 SCHEDULE "A" DRAWING TITLED "CROWN STREET STORM SEWER" ��u WA COUNCIL REPORT M&C No. 2023 - 012 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Renew Data Integration Consulting Statement of Work OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Sarah Ranson Stephanie Rackley-Roach Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the City renew the Data Integration Consulting Statement of Work Project Change Request document with Softchoice in the form attached to M&C No. 2023-012; and that the Mayor and City Clerk be authorized to execute said Agreement and any documents ancillary thereto. EXECUTIVE SUMMARY In 2022, the Information Technology service area entered into an agreement for technical consulting skills for data integration expertise for SQL databases. Because the partnership with Softchoice has been value-added, it is recommended that agreement be renewed for 2023. The cost of the technical support will not exceed $8,684 plus HST. PREVIOUS RESOLUTION At meeting of January 10, 2021, Common Council resolved: That as recommended by the City Manager in the submitted report M&C 2022- 002: Data Integration Consulting Statement of Work, Common Council authorize the Mayor and City Clerk to execute the Data Integration Consulting Statement of Work documents with Softchoice submitted with the report. STRATEGIC ALIGNMENT As noted in Council Priorities under Perform, the City is committed to providing service delivery while using financial resources wisely. The Statement of Work provided by Softchoice supports efficient service delivery by ensuring the skills required to maintain, troubleshoot, and create databases and data interfaces among applications are readily available. REPORT There are several applications used by the City and some of the agencies, boards, and commissions (ABCs) that require databases and data integration protocols. This is a specialized skills set that has proven to be difficult to recruit for and is integral to the effective and efficient operation of these applications. Like other municipalities, in 2022, the Information Technology (IT) service area engaged consulting services for their database management and programming skillset. The City engaged Softchoice that demonstrated timely, professional, and knowledgeable support to the IT team as they restored systems, encountered technical issues, and planned for future upgrades. Approximately 42 hours of support were used in 2022. The change request attached to this report will make another 40 hours of support available to the IT service area. SERVICEAND FINANCIAL OUTCOMES A sum of $8,684 plus HST has been quoted by Softchoice. Once approved by Common Council, a purchase order will be created for 40 hours of consulting support and billed based on time and materials used by the IT service area. The cost of the Softchoice consulting service is allocated in the approved 2023 IT operational service budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the Statement of Work. The Supply Chain Management service area is supportive of proceeding with Softchoice for consulting support. ATTACHMENTS Softchoice Project Change Request Softchoice Project Change Request Project Name Data Integration Consulting Softchoice Project ID FF08937 Client City of Saint John Requested By Change Request Title Addition of Hours Change Request# PCR01 Date 10/18/2022 SC Project Manager Emily Hamel Reason for Change This change request is to add an additional 40 hours for the resource. This Change Request amends the Statement of Work executed between City of Saint John and Softchoice dated December 201h 2021. Revised Project Scope of Work / Proposed Solution Additional 40 hours added to the engagement Exclusions from revised Scope of Work Per the Approved Statement of Work. Additional Assumptions N/A Client Responsibilities Per the Approved Statement of Work. Project Impact A brief outline of the overall impact that the change would have on the remainder of the project. The budget will be increased for the additional hours and the duration will be extended. Hardware Required YES () No (X) Detail below Software Required Yes ( ) No (X) Detail below None None Currency Delivery Phase or Hours Hourly Rate (USD or Subtotals Notes Milestone CAD) Senior SQL Engineer 40 $213.00 $8,520.00 CAD Project 1 $164.00 CAD $164.00 Management Time & Materials -A Time and Materials estimate means the Total $8,684.00 CAD total project change request may come in above or below this estimate. Manager, Professional Softchoice Change Approved By Hendrix Bazin Title Services Softchoice Signature / Date Oct 18, 2022 Client Change Approved By Title Client Signature Date So choice Form Project Change Request Page 1012 W J/ Softchoice Project Change Request Project Name Data Integration Consulting Softchoice Project ID FF08937 Client City of Saint John Requested By Change Request Title Addition of Hours Change Request# PCRO1 Date 10/18/2022 SC Project Manager Emily Hamel Client Change Approved By Title Client Signature Date PO# (billing ref.#) Client Change Approved By Title Client Signature Date PO# (billing ref.#) So choice Form Project Change Request 01•J Page z of z COMMON COUNCIL REPORT M&C No. 2023 - 021 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Master Service Agreement for Professional Services with Deloitte LLP for year 2023 to provide audit services for the year ending December 31, 2022 AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Craig Lavigne/Jodie Forgie Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that the City enter into the Master Service Agreement in the form as attached to M&C No. 21 with Deloitte LLP to provide audit services for the year ending December 31, 2022, and that the Mayor and Clerk be authorize to sign the said Master Service Agreement and any other documents ancillary thereto. EXECUTIVE SUMMARY The purpose of this report is to recommend continue using audit services of Deloitte LLP and appointing Deloitte LLP as auditor for the year ending on 315t December, 2022. Deloitte was awarded the contract based on an RFP process completed in 2018 which included a four-year contract, with an option of two, one-year extensions. PREVIOUS RESOLUTION September 20, 2018: RESOLVED that the firm of Deloitte & Touche LLP be appointed auditors for the City of Saint John General Fund, the City of Saint John Water & Sewerage Utility, the Saint John Parking Commission, and the City of Saint John Reserve and Trust Funds for a four year period commencing with the year 2018 with the option for two one-year extensions REPORT On August 17, 2018, the City issued a RFP for audit services for a four year period plus two year extension at the option of the City commencing with the year 2018. The RFP included the following entities: 1. Consolidated Financial Statements of the City of Saint John: o The City of Saint John General Operating Fund Kul -2- o The City of Saint John General Capital and Loan Fund o The City of Saint John Water and Sewerage Utility Operating Fund o The City of Saint John Water and Sewerage Utility Capital and Loan Fund o Saint John Police Commission o Consolidation procedures for all entities controlled by the City 2. The City of Saint John Trust Funds 3. Saint John Parking Commission 4. Saint John Transit Commission 5. Develop Saint John 6. Saint John Free Public Library 7. Saint John Aquatic Centre Commission 8. Saint John Trade and Convention Centre The total cost of the contract that was awarded was for $786,770 over a 6 year period (excluding HST) and Deloitte LLP was appointed as auditors for the City and the controlled entities for the term of four years with an option for a two year extension. Staff is of the opinion that for the year 2023, the City should continue using audit services provided by Deloitte LLP and be appointed as auditors for providing audit related services for the year ending on December 31, 2022 with same terms and conditions as provided in the RFP issued on August 17, 2018. The following entities have no increase in cost from original agreed professional fees as mentioned in the original RFP have been adjusted due to the consolidation of Saint John Parking Commission and Develop Saint John with the City of Saint John for the audit year ending on December 31, 2022: 1. Consolidated Financial Statements of the City of Saint John: o The City of Saint John General Operating Fund o The City of Saint John General Capital and Loan Fund o The City of Saint John Water and Sewerage Utility Operating Fund o The City of Saint John Water and Sewerage Utility Capital and Loan Fund o Saint John Police Commission o Consolidation procedures for all entities controlled by the City 2. The City of Saint John Trust Funds STRATEGIC ALIGNMENT This report aligns with being fiscally responsible by performing the renewal of the auditing services and leveraged an opportunity by combining with other related entities to obtain an efficient audit process both economically and operationally. K1:3 -3- SERVICEAND FINANCIAL OUTCOMES Total cost savings and more efficient audit process by collaborating audit services with the City and its controlled entities. There will be savings of $21,855 in professional fees for the year 2022 due to the consolidation of Saint John Parking Commission and Develop Saint John with the City of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Master Service Agreement has been reviewed by the General Counsel Office. ATTACHMENTS Master service agreement for professional services between Deloitte LLP and The City of Saint John dated 121h December 2022. Wel Deloitte LLP Brunswick House Deloitte. 44 Chipman Hill, 7 ^Floor P.O. Box 6549 Saint John NB E21-41R9 Canada Tel: (506) 632-1080 Fax: (506) 632-1210 www.deloitte.ca December 12, 2022 Private and confidential Mr. Kevin Fudge Commissioner of Finance and Administration Services The City of Saint John 15 Market Square Saint John NB E21-4L1 Re: Master Services Agreement for Professional Services Dear Mr. Fudge: Deloitte LLP ("Deloitte") is privileged to be your professional services provider. The purpose of this letter is to serve as a master services agreement or MSA to describe (a) the services that we will provide to you from time to time, including a description of the scope of our services, and (b) the general business terms related to such services. Services and fees Appendix A to this MSA contains a description of the following services: Appendix A — Financial statement audit ("Audit"). Should we during the term of this MSA, provide any of the services referenced in Appendix A, the scope, including assumptions, qualifications and limitations, as set out in Appendix A will apply. As of the date of this MSA, the chart below sets out the entities and the services we will provide to them in respect of their year ends. The fees for these services will be based on our standard hourly rates, which may change from time to time. In addition to the professional fees, you will reimburse us for reasonable expenses and applicable taxes. Scope of services chart Entity name Year End Reporting period Total The City of Saint John - Consolidated December 31 2022 $68,400 The City of Saint John — Trust Funds December 31 2022 $1,725 Total $70,125 The City of Saint John December 12, 2022 Page 2 For purposes of this MSA and the appendices, "Financial Statements" shall refer to the statements issued by each entity in the context of the services outlined above. Unless otherwise noted in the appendices, "Company" shall refer to the entities to which that service is being provided, as outlined above. Mr. Stephen Lund will be responsible for the services that we perform. Should the nature of our services change in the future from what is set out in the chart above or if there are changes to the entities we serve, we will provide you with a letter confirming the changes. The description of our services as set out in Appendix A in this MSA will continue to apply to any changes set out in a confirmation letter. Also, we may from time to time provide you with updates (including by way of a letter delivered to you in hard copy or electronically via e-mail, by way of a link to our website or otherwise) to the description of the services set out in Appendix A based on changes in applicable professional standards and changes in our practices. Any updates to Appendix A in this MSA provided to you shall form part of this MSA and shall be binding on you. Any changes in fees for subsequent years will be confirmed separately. Also, we would be pleased to provide you with other services, such as consulting and financial advisory services, subject to our professional rules. The scope and fees for such services would be contained in a separate letter and, unless otherwise agreed, the general business terms that are contained in this MSA will apply. Term Our mutual intention is that this MSA applies to all services Deloitte provides to you over time, including for the year ends referred to above and all other work in the future. In accordance with section 2 of the general business terms, this MSA can be terminated on 30 days' written notice. Our responsibilities Our responsibilities will depend on the services we provide. Specific conditions may apply and if this is the case, we will bring them to your attention in the attached appendices. We are committed to client service. Here are our client service standards: • Making and meeting our commitments to you; • Working with you to understand your business and what is important to you; • Providing value and building trust through technical competence and consistent results; • Demonstrating professionalism through effective interaction and communication; and • Providing a no surprises experience. !II The City of Saint John December 12,2O2Z Page Your responsibilities Our expectations ufyou can simply besummarized asfollows: • Cooperation and honesty from you and those who work for you; • Your clear articulation of your expectations of us and your clarification when needed, so we can be sure that you receive the professional services you need; • If we are providing audit, review or compilation services, we want you to know that these are not forensic audits or special services that would more likely identify a fraud or wrongdoing. We are relying on your controls, your honesty and good faith and that of management and the people who work for you; • You will make all management decisions; and • Prompt payment ofour invoices. Also, our work product is prepared for you. Our services will not be planned or conducted in contemplation of reliance bythird parties. Our agreement \swith you and noone else. General business terms The general business terms attached tothis letter apply tothe services weprovide toyou from time totime. We know how busy you are and we promise to keep our correspondence to you as direct and simple as we can. But ifa1any time you have questions, please donot hesitate toask. |fthis K4SA,including the appendices and the general business terms, are acceptable and the services described are in accordance with your understanding, please sign the copy of this IVISA in the space provided below and return it to us to indicate your agreement. Yours truly, //r D Chartered Professional Accountants Enclosure The City ofSaint John December 12, 2022 Page The services and terms set forth in and incorporated into this letter are acknowledged and approved by the Management of The City of Saint John: Signature Date General business terms The City of Saint John December 12, 2022 The following general business terms (the "GBTs") apply to all services that are performed under this MSA and any separate confirmation letters (the "Confirmation Letters") that further amend or describe services issued under this MSA (the "Services") between Deloitte LLP, a limited liability partnership organized under the laws of Ontario ("Deloitte") and you, the Company or other entity that is a party to this MSA (the "Client"). The GBTs, the MSA (including the appendices to the MSA), as such MSA and appendices may be updated and amended from time to time, and the Confirmation Letters are together the "Agreement". 1. Timely performance — Deloitte will not be liable for failures or delays in performance that arise from causes beyond Deloitte's control, including the untimely performance by the Client of its obligations. 2. Termination —This Agreement and any Services may be terminated by either party at any time, with or without cause, by giving prior written notice to the other party 30 days before the effective date of termination, provided that in the event of a termination for cause, the breaching party shall have the right to cure the breach within such 30-day period. Deloitte may terminate this Agreement with immediate effect upon written notice to Client if Deloitte determines that its performance of any part of the Agreement would be illegal or in conflict with independence or professional rules. The Client will pay for time and expenses incurred by Deloitte up to the termination date together with reasonable time and expenses incurred to bring the Services to a close in a prompt and orderly manner. 3. Fees — In the event that Deloitte has provided any fee estimate, the estimate takes into account the agreed -upon level of preparation and assistance from the Client and Client personnel. Deloitte will advise the Client on a timely basis should this preparation and assistance not be provided or should any other circumstances arise which cause actual time to exceed that estimate. Billing —AII invoices shall be due and payable when rendered. Interest shall be calculated at a simple daily rate of 0.0493% (equivalent to 18% per annum). Interest shall be charged and payable at this rate on any part of an invoice which remains unpaid from 30 days after the invoice date to the date on which the outstanding invoice is paid. To the extent that as part of the Services to be performed by Deloitte as described in the Agreement, Deloitte personnel are required to perform the Services in the United States of America ("U.S. Business"), the Client and Deloitte agree to assign performance of the U.S. Business to Deloitte Canada LLP, an affiliate of Deloitte. All Services performed by Deloitte Canada LLP shall be performed under the direction of Deloitte which shall remain responsible to the Client for such Services. Deloitte Canada LLP shall invoice the Client with respect to the U.S. Business and Deloitte will invoice for Services performed in Canada ("Canadian Business"). Payment for U.S. Business and/or Canadian Business can be settled with one payment to Deloitte. 5. Governing law —The Agreement will be governed by the laws of the Province where Deloitte's principal office performing the Services is located and all disputes related to the Agreement and Services shall be subject to the exclusive jurisdiction of the courts of such Province. General business terms The City of Saint John December 12, 2022 Page 2 6. Working papers — All working papers, files and other internal materials created or produced by Deloitte related to the Services are the property of Deloitte. In the event that Deloitte is requested by the Client or required by legal or regulatory process to produce its files related to the Services in proceedings to which Deloitte is not a party, the Client will reimburse Deloitte for its professional time and expenses, including legal fees, incurred in dealing with such matters. Third parties — Deloitte's Services are not planned or conducted in contemplation of, or for the purpose of, reliance by any third party or with respect to any specific transaction and are only intended for the benefit of the Client. The Client shall use the advice, opinions, reports or other work product of Deloitte (the "Work Product") solely for the purposes specified in this Agreement and, in particular, shall not, without the prior written consent of Deloitte, use the Work Product in connection with business decisions of any third party or for advertisement purposes. The Client shall indemnify and hold harmless Deloitte and the Deloitte Entities from and against all claims, liabilities, losses, damages, costs or expenses attributable to claims of third parties relating to the use of or reliance on any of the Services (including, without limitation, the Work Product) by any person or entity other than Client, except to the extent finally judicially determined to have resulted primarily from the bad faith or intentional misconduct of Deloitte or a Deloitte Entity. The provisions of this section shall apply regardless of the form of action, damage, claim, liability, cost, expense, whether in contract (including fundamental breach), statute, tort (including negligence) or otherwise. The mere receipt of any advice, opinions, reports or other work product by any third party is not intended to create any duty of care, professional relationship or any present or future liability between such third party and Deloitte. As a consequence, if copies of any Work Product (or any information derived therefrom) are provided to a third party pursuant to Deloitte's prior written consent, it is on the basis that Deloitte owes no duty of care or liability to them, or any other third party who subsequently receive the same. 8. Privacy - Deloitte and the Client agree that, in connection with the engagement, Deloitte may collect, use, disclose and otherwise process personal information about identifiable individuals ("Personal Information"). Deloitte's Services are provided on the basis that the Client has obtained any required consents under applicable privacy legislation for collection, use, disclosure and processing to Deloitte of Personal Information. Confidentiality — To the extent that Deloitte collects or is provided with Personal Information or any proprietary or confidential information of the Client (collectively, "Cpnfidential Information"), Deloitte will not disclose such information to any third -party without the Client's consent, except as may be required or permitted by law, regulation, legal authority or professional obligations, or as otherwise permitted by this Agreement. Confidential Information may be disclosed by Deloitte to its affiliates and to member firms of Deloitte Touche Tohmatsu Limited and their respective subsidiaries and affiliates ("Deloitte Entities"), component auditors and third parties that provide services to Deloitte. Confidential Information collected by or provided to Deloitte in connection with the Services may be used, processed, disclosed and stored outside Canada by Deloitte, Deloitte Entities, component auditors or third -party service providers to Deloitte. Deloitte is responsible to the Client for causing any such Deloitte Entities, component auditors and third -party service providers to comply with the obligations of confidentiality set out in this section of the Agreement. :111 General business terms The City of Saint John December 12, 2022 Page 3 Confidential Information may be subject to disclosure in accordance with laws applicable in the jurisdiction in which the information is used, processed or stored. The Client also agrees that Deloitte and such third -party service providers to Deloitte may aggregate Confidential Information and use and disclose that information as part of research and advice, including, benchmarking services, provided that all such information will be rendered anonymous and not subject to association with the Client. Except as instructed otherwise in writing, each party consents to the transmission by fax, email and voicemail, both confidential and other types of documents, correspondence and any other information relating to the execution of this Agreement. It is recognized that the parties will use the internet and that the internet may be insecure. Each party will be responsible for protecting its own systems and interests and, to the fullest extent permitted by law, will not be responsible to the other on any basis (contract, tort or otherwise) for any loss, damage or omission in any way arising from the use of the internet by either party or its personnel, including any Deloitte Entity and subcontractor personnel, to access the networks, applications, electronic data or other systems of the other party. 10. Limitation on liability —The Client and Deloitte agree to the following with respect to Deloitte's liability to the Client: a. The Client agrees that Deloitte shall not be liable to the Client for any claims, liabilities, or expenses relating to this Agreement and any Services for an aggregate amount in excess of three times the fees paid by the Client to Deloitte in the twelve months preceding the incident giving rise to the claim. b. In no event shall Deloitte be liable for consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense relating to this Agreement or any Services for any loss of revenue or profit, loss of opportunity, loss of data, or any other commercial or economic loss or failure to realize expected savings. c. In any action, claim, loss or damage arising out of this Agreement and any Services, the Client agrees that Deloitte's liability will be several and not joint and several and the Client may only claim payment from Deloitte of Deloitte's proportionate share of the total liability based on the degree of fault of Deloitte. The provisions of this section shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence), or otherwise. This section shall survive termination or expiry of the Agreement. The provisions of this section and any other limitations of liability contained in this Agreement shall not apply to any liability which by the governing law of the Agreement is unlawful to limit or exclude. In furtherance of the foregoing, from time to time, Deloitte may have individual partners and employees performing the Services within the Province of Quebec who are members of the Ordre des comptables professionnels agrees du Quebec. The limitations outlined in this section as well any limitations of liability contained in this Agreement shall not apply to limit the personal civil liability of members of the Ordre des comptables professionnels agrees du Quebec performing professional Services hereunder (and with respect to such members, such limitations shall be deemed not to be included in this Agreement). For purposes of this section, "Deloitte" shall mean Deloitte LLP and its directors, officers, partners, professional corporations, employees, subsidiaries and affiliates and to the extent providing Services, any Deloitte Entities and all of their partners, principals, members, owners, directors, staff and agents; and in all cases any successor or assignee. The Client agrees that any claims that may arise out of this Agreement or any Services will be brought solely against Deloitte as the contracting party and not against any other Deloitte Entities. General business terms The City of Saint John December 12, 2022 Page 4 When Deloitte is performing audit, review or attest/assurance services that are subject to the US Public Company Accounting Oversight Board ("PCAOB") and/or US Securities and Exchange Commission ("SEC") rules or professional standards, any clauses that result in a limitation of Deloitte's liability do not apply. 11. Assignment — Except as provided herein, no party may assign, transfer, or delegate any of its rights or obligations relating to the Agreement without the prior written consent of the other party. Deloitte may assign its rights and obligations under this Agreement to any affiliate or successor in interest to all or substantially all the assets or business of the relevant Deloitte practice. 12. Deloitte Entities and subcontractors — Deloitte may use the services of any Deloitte Entities, component auditors, or other subcontractors (including those operating outside Canada) to assist Deloitte. Deloitte remains responsible to the Client for Services performed by Deloitte Entities and subcontractors. 13. Software Tools — In connection with the Services, Deloitte may use data analytics technology which may require Deloitte to install and use one or more data extraction tools ("Extractors") on the Client's computing systems. The Client hereby consents to such access and the installation and use of such Extractors, and where applicable, Deloitte hereby grants the Client a limited, revocable, non-exclusive, non -assignable, non-sublicensable right to install and use those Extractors solely in connection with Deloitte's performance of the Services. Deloitte recommends that the Client perform adequate security and other appropriate testing on the Extractors before installation. All Extractors are protected by copyright and other laws of various countries, and Deloitte and its licensors reserve all rights not expressly granted in the Agreement. The Client is not allowed to reverse engineer, disassemble, decompile, or otherwise attempt to derive the Extractors' source code, nor assist, directly or indirectly, in any efforts to do so, nor adapt, modify or create derivative works based on the Extractors. The license granted above will terminate upon completion or termination of the Services. When the license terminates, the Client must, where applicable, stop using the Extractors and delete any and all installed Extractors from the Client's computing systems, unless Deloitte and the Client have entered into a subsequent agreement that allows for the Client's continued use. Although Deloitte takes commercially reasonable steps to make the Extractors useful and secure, Deloitte does not have any obligation to ensure they are so, or to maintain, update, upgrade or otherwise modify or support the Extractors. The Extractors are provided "as is" and "as available", without warranty of any kind, and Deloitte expressly disclaims all implied warranties, including that the Extractors will be secure and error -free, or will meet any other criteria of performance or quality. 14. Survival — Any clause that is meant to continue to apply after termination of the Agreement will do so. 15. Entire Agreement —The Agreement forms the entire agreement between the parties in relation to the Services and supersedes all other oral and written representations, understandings or agreements related to the Services. 16. Severability — If a court or regulator with proper jurisdiction determines that a provision of this Agreement is invalid, then that provision will be interpreted in a way that is valid under applicable law or regulation. If any provision is invalid, the rest of the Agreement will remain in effect. 17. Qualifications — Notwithstanding anything herein to the contrary, Deloitte may use the name of the Client, refer to this Agreement and the performance of Services in marketing, publicity materials and other material, as an indication of its experience, and in internal data systems. General business terms The City of Saint John December 12, 2022 Page 5 18. Tax services and review by tax authorities —The Client shall cooperate with Deloitte in the performance by Deloitte of tax related Services, including, without limitation, providing Deloitte with reasonable facilities and timely access to data, information and personnel of the Client. Client shall be responsible for the performance of its personnel and agents, for the timeliness, accuracy and completeness of all data and information (including all financial information and statements) provided to Deloitte by or on behalf of the Client and for the implementation of any advice, opinions, reports or other work product in any form provided as part of the Services. Deloitte may use and rely on information and data furnished by the Client or others without verification. Deloitte's performance shall be dependent upon the timely performance of the Client's responsibilities hereunder and timely decisions and approvals of the Client in connection with the Services. Deloitte shall be entitled to rely on all decisions and approvals of the Client. To the extent the Client requests tax related Services, Deloitte will use professional judgment in resolving questions affecting the Client relating to the tax Services to be provided by Deloitte. Where there are alternative filing positions or tax transactions, Deloitte will undertake to describe the benefits and risks of each so that the Client can make an informed decision. All returns are subject to examination by taxation authorities and the Client's returns may be audited and challenged by Canadian and other tax authorities. The Client understands that Deloitte's tax advice or opinions are not binding on tax authorities or the courts and should never be considered a representation, warranty, or guarantee that the tax authorities or the courts will concur with Deloitte's advice or opinion. Any tax assistance provided by Deloitte will be based upon the law, regulations, cases, rulings, and other tax authority in effect at the time the specific tax assistance is provided. Deloitte may provide the Client with draft copies of returns or tax advice. Where any drafts are finalized and provided to the Client in final form, such previous drafts should not be relied upon. Nothing in this Agreement shall be construed as limiting or restricting disclosure of the tax treatment or tax structure of any transaction as described in the rules of any taxation authority, including Canada Revenue Agency and the Internal Revenue Service. 19. Electronic messaging — In accordance with Canadian anti-spam legislation, the Client consents to Deloitte contacting the Client and its personnel through electronic messages relating to Deloitte's Services, products and other matters of interest to the Client after the completion of this Agreement. The Client may withdraw any such consent by contacting Deloitte at unsubscribe@deloitte.ca. 20. Language — The parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Les parties ont exige que la presente convention ainsi que tons les documents s'y rattachant soient rediges clans la langue anglaise. 21. Force Majeure — No party shall be deemed to be in breach of the engagement as a result of any delays or non-performance directly or indirectly resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire, epidemic or other casualty, act of God, strike or labor dispute, war or other violence, any law, order or requirement of any governmental agency or authority, or pandemics (including, without limitation, COVID-19 and any such restrictions or conditions on working practices in response to such a threat). For greater certainty, Deloitte shall have no liability for any failure or delay to perform its obligations related to the Services, to the extent caused and/or contributed to by the spread of COVID-19 and its associated impacts. !E:3 Appendix A Financial statement audit The City of Saint John December 12, 2022 Our audit services and audit scope The consolidated financial statements We may be requested by you from time to time to audit the consolidated financial statements of the Company. These financial statements are comprised of the consolidated statement of financial position as at the fiscal year end of the Company ("Fiscal Year"), and the consolidated income statement, statement of comprehensive income, statement of changes in equity and statement of cash flows for the Fiscal Year, and a summary of significant accounting policies and other explanatory information. The consolidated financial statements (the "Financial Statements`), subject to audit are those of the Company, prepared by management, with oversight from those charged with governance ("Finance Committee"). The objective of our audit is to express an opinion on whether the Financial Statements are fairly presented, in all material respects, in accordance with Canadian public sector accounting standards ("PSAS"). We plan and perform the audit to obtain reasonable assurance that the Financial Statements as a whole are free from material misstatement, whether due to fraud or error. Our audit report On completion of our audit procedures, we expect to issue an audit report in the draft form set out in Appendix A(i). The final form of our audit report may differ based on our audit findings in which case, we will provide you with an updated draft form before it is issued. If we are unable to issue or decline to issue an audit report, we will discuss the reasons with you and the council. Our responsibilities Performance of the audit We will conduct our audit in accordance with Canadian generally accepted auditing standards ("Canadian GARS"). 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 Financial Statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the Financial Statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the Financial Statements. Appendix A i Financial statement audit The City of Saint John December 12, 2022 Page 2 Because of the inherent limitations of an audit, together with the inherent limitations of internal control, there is an unavoidable risk that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with Canadian GARS. Information on internal controls We do not consider internal controls in order to express any opinion to you on their effectiveness. We consider internal controls relevant to the Company's preparation and fair presentation of the Financial Statements in making our risk assessments and in order to design appropriate audit procedures. We will, however, communicate to you in writing concerning any significant deficiencies in internal control relevant to the audit of the Financial Statements that come to our attention during the course of our engagement. Going concern If, based on the audit evidence obtained, we conclude that a material uncertainty exists related to events or conditions that may cast significant doubt on the Company's ability to continue as a going concern, we are required to draw attention in our audit report to the related disclosures in the Financial Statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions will be based on the audit evidence obtained up to the date of our audit report. Other information Where the Company issues other information (for example, a Financial Statement Discussion and Analysis or an annual report), we are required to read the other information and, in doing so, consider whether the other information is materially inconsistent with the Financial Statements or our knowledge obtained in the audit or otherwise appears to be materially misstated. We will report on the results of our procedures appropriately based on the revised CAS 720, The Auditor's Responsibilities Relating to Other Information. Communication with the Finance Committee The Finance Committee is responsible for the oversight of the financial reporting process and our work as auditors. We are required to communicate with the Finance Committee about certain matters that may arise during our audit and that may be significant to their role. These matters may include, but are not limited, to: • the planned scope and timing of the audit; • our views about significant qualitative aspects of the Company's accounting practices, including accounting policies, accounting estimates and financial statement disclosures; • any significant matters arising from the audit in connection with the Company's related parties; • any events or conditions identified that may cast significant doubt on the Company's ability to continue as a going concern, including whether the events or conditions constitute a material uncertainty; • any significant difficulties encountered during the audit; 61191 Appendix A I Financial statement audit The City of Saint John December 12, 2022 Page 3 • any significant matters that were discussed or subject to correspondence with management; • written representations we are requesting; • where CAS 720 applies, any uncorrected material inconsistencies between the other information and the Financial Statements or our knowledge obtained in the audit, and any uncorrected material misstatements of the other information we identify from reading the financial and non -financial information included in the Company's annual report containing or accompanying the Financial Statements and our audit report; and • any other matters that in our professional judgment are significant to the oversight of the financial reporting process. Fraud and illegal acts An audit designed and executed in accordance with Canadian GAAS may not detect fraud or illegal acts. However, it is possible that actual and potential fraud or illegal acts may be discovered during the course of our audit. We will communicate actual or potential fraud or illegal acts identified during the audit to, in our sole judgement, the appropriate level of management and/or the Finance Committee depending on the type and significance of the issue. Your responsibilities Financial statements and internal control The audit of the Financial Statements does not relieve management or the Finance Committee of their responsibilities. You are responsible for the preparation and fair presentation of the Financial Statements in accordance with PSAS. You are also responsible for establishing internal control necessary for the preparation of Financial Statements that are free from material misstatement, whether due to fraud or error. You must determine what internal control is required, including how it is designed, implemented and maintained. You will advise us of any deficiencies identified and any changes in internal control over financial reporting. Access to information and personnel You are responsible for providing us with access to all information that is relevant to your preparation of the Financial Statements and any additional information that we may request for the purpose of the audit. You will also provide unrestricted access to persons in the Company or others from whom we determine we need to obtain evidence for our audit. 51 Appendix A I Financial statement audit The City of Saint John December 12, 2022 Page 4 Prevention of fraud and error You are responsible for designing and implementing programs and controls to prevent and detect fraud, illegal acts and error. You will inform us about all known or suspected fraud, illegal acts or errors affecting the Company. You will further inform us of any allegations of fraud, illegal acts or potential errors received in communications (written or oral) from employees, former employees or any other parties external to the Company. Compliance with laws and regulations You are responsible for identifying and ensuring that the Company complies with the laws and regulations applicable to its activities. You will inform us of any known or possible violations of these laws or regulations. Related parties You will identify the Company's related parties and advise whether the Company entered into any transactions with these related parties in the time period under audit. Subsequent events You will advise us of whether any events have occurred between the date of the balance sheet and the date our audit report is released, that may affect the Financial Statements. Correction of material errors You are responsible for adjusting the Financial Statements to correct material misstatements identified during the course of our audit engagement. Representation letter As part of our engagement procedures, you will provide written confirmation of representations made to us in connection with the audit. Disclosure of report We are engaged solely by the Company to perform an audit engagement the purpose of which is to provide an opinion as to whether the Financial Statements are free from material misstatement. You will not, without obtaining our prior written consent: • publish or reproduce our report in any document that contains the Financial Statements; • make reference to our firm in a document which contains other information in addition to the Financial Statements; or • place our report on an electronic site. 61 Appendix A I Financial statement audit The City of Saint John December 12, 2022 Page S In order for us to consider granting such written consent, you must provide adequate notice of your request as well as provide any draft document which is proposed to contain/refer to our report. If written consent is provided by us, you are solely responsible for the accurate and complete reproduction of our report and the Financial Statements on which we reported. Other information You acknowledge your responsibility for the other information, as applicable, and to provide us with the other information prior to the date of our audit report where possible. To the extent the other information is expected to be available after the date of our audit report, you agree to provide us with such other information when available, and prior to being issued by the Company, so that we are able to fulfill our responsibilities under CAS 720. Independence For purposes of the following three paragraphs, "Deloitte" shall mean Deloitte LLP and Deloitte Touche Tohmatsu Limited, including related member firms and affiliates. Independence matters as a result of restrictions on providing certain services In connection with our engagement, Deloitte, management, and the committee members will assume certain roles and responsibilities in an effort to assist Deloitte in maintaining independence and ensuring compliance with applicable independence rules. It is your responsibility to have policies and procedures in place to confirm that the Company (together with its subsidiaries and other related entities) does not engage us or accept services from us that may impair our independence under applicable professional rules. All potential services are to be discussed with Mr. Stephen Lund. In connection with the foregoing, the Company agrees to furnish to Deloitte and keep Deloitte updated with respect to a corporate tree that identifies the legal names of the Company's affiliates (e.g., parents, subsidiaries, investors or investees, variable interest entities or special purpose entities (as applicable)), together with the ownership relationship among such entities. Deloitte intends to capture this information in systems that may be accessed and used by its affiliates in order to assist Deloitte in meeting its independence obligations. Deloitte will not be requesting nor accepting any personal information for this purpose. Deloitte agrees to discuss any concerns raised regarding privacy or confidentiality with the Company. Independence matters relating to hiring In order to assist us in maintaining independence, you will also notify us of any substantive employment conversations that have occurred with current or former Deloitte personnel. Finance Committee responsibilities The Finance Committee is responsible for the oversight of the financial reporting process, including management's preparation of the Financial Statements and monitoring of the Company's internal controls related to financial reporting and oversight of our work. 6V Appendix A(i) Expected form of report The City of Saint John December 31 We will provide you with our report, which is expected to be in the following form. However, the final form will reflect the results of our audit. If there are any changes to the expected form of report in future years, we will provide you with an updated draft form before it is issued. Independent Auditor's Report To His Worship the Mayor and Members of Common Council of The City of Saint John We have audited the consolidated financial statements of The City of Saint John (the "Company"), which comprise the consolidated statements of financial position as at December 31, 2022, and the consolidated statements of operations and accumulated surplus, change in net debt and cash flow for the year then ended, and notes to the consolidated 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 Company as at December 31, 2022, and its financial performance and its cash flows for the years then ended in accordance with Canadian public sector accounting standards ("PSAS"). 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 Financial 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 PSAS, 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. 6'i! Appendix A(i) I Expected form of report The City of Saint John December 31 Page 2 Those charged with governance are responsible for overseeing the City'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. As part of an audit in accordance with Canadian GAAS, 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 Company'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 Company'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 Company 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. 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 6191 COMMON COUNCIL REPORT M&C No. 2023 - 020 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Printing Service Agreement with Saint John Energy 2023-2024 OPEN OR CLOSED SESSON The matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Craig Lavigne/Jodie Forgie Kevin Fudge J. Brent McGovern RECOMMENDATION It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy for the printing and mailing of the Saint John Water bills and payroll T4s, T4As and the Pension Pay Advices for one year term from February 01, 2023 to January 31, 2024 and that the Mayor and Common Clerk be authorized to sign the attached agreement. EXECUTIVE SUMMARY The City has been using the services of Saint John Energy for printing and mailing services for the Water and Sewerage bills and payroll information since 2003. The current contract expired in 2022. Saint John Energy has provided quality services at very good pricing. The new proposal is providing the service for the year 2023-2024 with increase in costs due to the increase in costs of supplies along with the increase in costs for using their service. The increase in costs is estimated to be approximately $14,308 for the year and total cost for the year expected to be $80,556 which has been included in the 2023 Operating budget. Throughout the 2023 year we will explore opportunities to decrease our printing requirements as we progress through the Enterprise Resource Planning changes and other potential opportunities from external providers. PREVIOUS RESOLUTION M&C 2018-351 dated December 17, 2018 - It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy and the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint 67� -z- John Water billings and employee T4's, as well as the printing of weekly employee and retiree's pay advices. REPORT Saint John Energy has been providing the printing and mailing services since 2003. The partnership between Saint John Energy and the City continues to work well and the service is high quality and cost effective. Saint John Energy has the necessary equipment and resources to provide this service to the City as they bill their customers for energy on a monthly basis. The City has been very satisfied with the services received under this partnership. Below are the costs provided for under this agreement for the year 2023-2024: Rates Customer Water and Sewerage Invoices Canada Post - high density presort Incentive LettermailTA1 - rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.348 Set-up Fee (if current format significantly altered) $ 1,000.00 City Pension Pay Stubs Canada Post LettermailTm rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.267 Set-up Fee (if current format significantly altered) $ 1,000.00 Customer T4 and T4A's Canada Post LettermailTm rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.356 Annual Set-up Cost (Time and Materials) $ 774.01 Set-up Fee (if current format significantly altered) $ 1,000.00 Extra Inserts Price dependent on customer's specific requirements. Will quote on request. The costs provided are increased due to current inflationary conditions and logistics issues. The total costs of this service have increased by approximately $14,308 for the year 2023-2024. The relationship is a benefit to both parties because it helps offset costs of equipment for saint john energy and allows the city to receive the service at a good price and is a benefit to both entities. 6'tl -3- STRATEGIC ALIGNMENT This recommendation is in line with Common Council's priority of being fiscally responsible in seeking out cost effective, quality services for the citizens. SERVICEAND FINANCIAL OUTCOMES The total cost anticipated for 2023 is $80,556 and is included in the 2023 Operating budget and there will be no change to the service. This cost increase is due to current inflationary pressure and supply chain issues by all the businesses. It is important to note that the cost of postage is subject to change by Canada Post but the cost provided by Saint John Energy is less than normal postage. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance, Procurement and the General Counsel Office have reviewed this report and supports the recommendation. ATTACHMENTS Printing Service Agreement between the Power Commission of the City of Saint John and City of Saint John. 611:3 THIS PRINTING SERVICE AGREEMENT made in triplicate this 24 day of January, 2023. BETWEEN: THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a Commission established by resolution of Common Council of the City of Saint John in 1922, pursuant to the terms of the New Brunswick Electric Power Act 1920, 10 George V c. 53, hereinafter referred to as "Saint John Energy", OF THE FIRST PART - and - THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter referred to as the "City", OF THE SECOND PART WHEREAS, Saint John Energy in the course of its activities as provided for in The New Brunswick Electric Power Act, 1920 (10 Geo. V c.53 as amended), the "Power Act", has acquired a printing facility in order to produce and process material necessarily incidental to its operation, such as invoice, payroll and other financial documents; and WHEREAS, the capacity of the printing facility referred to in the immediately preceding recital is greater than is presently required by Saint John Energy; and WHEREAS, Saint John Energy and the City have agreed that it would be mutually beneficial to utilize a portion of the excess capacity of the aforesaid printing facility to provide printing and related services to the City; and WHEREAS, Saint John Energy is obliged pursuant to the provisions of the Local Governance Act, S.N.B. 2017, c.18, and amendments thereto, to deliver its services on a user -charge basis as is more fully described therein; and 611%] -2- WHEREAS, Saint John Energy and the City have further agreed that the printing and related services to be delivered to the City as set out herein shall be provided on a cost recovery basis with "cost" being comprised of the projected material, labour, maintenance, security and depreciation cost to Saint John Energy directly attributable to the provision to the City of the aforesaid services, so that in doing so no financial burden will be borne by the customers of Saint John Energy. WHEREAS, the City previously entered into a into a Printing Service Agreement with Saint John Energy dated December 17, 2018 for the printing and mailing services of Saint John Water invoices and employees T4s and T4As, as well as the printing of monthly pension pay advices; WHEREAS, the City and Saint John Energy mutually agreed to terminate the previous Printing Service Agreement as of January 31, 2023, NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: Definitions The terms defined in this clause shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires: 1(1) "Address List" means the list supplied by the City containing the names and addresses to which the City wishes to be delivered; 1(2) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by- laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either this Agreement or any part of them; 1(3) "Authorized Users" include the Commissioner of Finance and Corporate Services, Comptroller and Assistant Comptroller(s); 1(4) "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick; 1(5) "City" means The City of Saint John; C0i] 3 1(6) "City Address" means 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L 4L1, Telephone: 506-658-2951, Fax: 506-649-7901; 1(7) "City Confidential Information" means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of Saint John Energy in connection with this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: a) Include: all new information derived at any time from any such information whether created by the City, Saint John Energy or any third party; all information (including personal information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation; b) Not include information that: is or becomes generally available to the public without fault or breach on the part of Saint John Energy of any duty of confidentiality owed by Saint John Energy to the City or to any third party; Saint John Energy can demonstrate to have been rightfully obtained by Saint John Energy, without any obligation of confidence, from a third party who had the right to transfer or disclose it to Saint John Energy free of any obligation of confidence; or iii. Saint John Energy can demonstrate to have been rightfully known to or in the possession of Saint John Energy at the time of disclosure free of any obligation of confidence when disclosed; 1(8) "City Representative" means a representative from the Finance Department of the City of Saint John; -4- 1(9) "Common Council" means the elected municipal council of the City; 1(10) "Mail" means the postal delivery system operated by Canada Post Corporation; 1(11) "Message" means the text and data supplied by the City to Saint John Energy which may have some variable content but is formatted in an identical manner; 1(12) "Printing Request" means invoice printing (single side) and insertion into delivery envelope along with a return envelope, if required by City. Pay stub printing (single side) and insertion into delivery envelope; 1(13) "Saint John Energy" means The Power Commission of The City of Saint John, located at 325 Simms Street, Saint John, New Brunswick, E21VI 31_6 Telephone: 506-658-5252, Fax: 506-658- 0868; 1(14) "Saint John Energy's Representative" means a representative from the Compliance, Regulatory and Commercial Affairs Department of Saint John Energy; 1(15) "Services" mean those services asset out in this Agreement and any additional services agreed between the parties in writing; 1(16) "Services Fees" mean the applicable costs or rates specified in the fee schedule section of this Agreement to be paid by the City; 1(17) "Term" means the term of this Agreement as set out in Section 3; and 1(18) "Unit" means an individual delivery envelope containing an invoice or pay stub or T4 -T4A General 2(1) The City hereby agrees to retain Saint John Energy to provide the City with the Services and Saint John Energy hereby agrees to provide the Services to the City, all in accordance with the provisions of this Agreement. 2(2) All references to the City are deemed to include the City's Authorized Users as agents for the City and any actions taken by such Authorized 11- -5- Term Users are deemed to be the actions of the City. The Authorized Users have an administrative role and authority for the City of Saint John but cannot act on behalf of Council in altering this Agreement. The City shall require that each Authorized User abide by this Agreement. 3(1) The term of this Agreement shall be one (1) year, commencing on February 1, 2023 and terminating at midnight on January 31, 2024, unless otherwise terminated in accordance with the provisions thereof. Scope of Services 4(1) Saint John Energy shall perform the Services as set out in this Agreement which include, but are not limited to the following: (a) Providing printing and mailing services for water and sewerage invoices to the customers of the City; (b) Providing printing and mailing services for monthly pension pay advices and T4s and T4As of the employees of the City and pensioners; and (c) Providing any other services agreed between the parties. 4(2) Saint John Energy shall perform these Services under the general direction and control of the Authorized Users and with all due and reasonable diligence, professional skills and competence. M -6- Fees 5(1) The City shall pay to Saint John Energy the fees in accordance with the following: (a) The applicable postage and Services Fees plus all applicable taxes, net 45 days from the date of the invoice; (b) The Services Fees are as follows: Rates Customer Water and Sewerage Invoices Canada Post - high density presort Incentive LettermailTA1 - rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.348 Set-up Fee (if current format significantly altered) $ 1,000.00 City Pension Pay Stubs Canada Post LettermailTm rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.267 Set-up Fee (if current format significantly altered) $ 1,000.00 Customer T4 and T4A's Canada Post LettermailTm rate per unit (subject to change without notice) $ 0.91 Service Fee per unit $ 0.356 Annual Set-up Cost (Time and Materials) $ 774.01 Set-up Fee (if current format significantly altered) $ 1,000.00 Extra Inserts Price dependent on customer's specific requirements. Will quote on request. 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy -7- in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes; or (b) any amount in dispute. 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice/transaction records, then they shall be deemed to be complete and correct. 5(5) The City agrees to pay interest on unpaid amounts at the rate of 1- 1/2 percent per month (19.56% per year) calculated from the date of the applicable invoice. 5(6) Saint John Energy is not obliged to extend any credit to the City. Obligations and Responsibilities of Saint John Energy 6(1) Upon the initial creation of a new Message by the City or message format, Saint John Energy, at its own expense, shall: (a) Provide a copy or proof of the printed Message to the City to ensure that the printed Message is satisfactory in all respects; (b) Cause the customer's Message to be printed on stationery, addressed, enveloped and introduced into the Mail delivery system for the City's water and sewerage invoices; (c) Cause the Message to be printed on stationery, addressed, enveloped and delivered to a specified location for the City pay -stubs, in either case in accordance with the Schedule of Production Details attached hereto as Schedule "A", (d) Not alter the content, size, weight, packaging, file format or other requirements of the City's Printing Request without prior written notice and acceptance by the City; (e) Unless otherwise agreed will supply stationery as outlined in Schedule "A"; and (f) Purchase stationery in quantities to minimize stationary inventory remaining at the end of this contract. If the City requests that Saint John Energy alter the type of stationery from that set out in Schedule "A", the City shall pay Saint John Energy the cost and take possession of the balance of unused stationery. The City shall pay Saint John Energy for any stationery remaining upon completion or termination of this AW agreement. This payment from The City to Saint John Energy for unused stationary will be capped at $5,000 if the agreement terminates on January 31, 2024. Obligations and Responsibilities of the City 7(1) The City, at its own expense, through its Finance Department, shall: (a) Deliver the electronic Message and Address List to a file transfer protocol (FTP) site, as specified by Saint John Energy; (b) Deliver any customer provided custom stationery to Saint John Energy's office at 325 Simms Street, Saint John, New Brunswick; (c) Format the electronic Message and Address List in accordance with an approved Saint John Energy file specifications as established from time to time; (d) Not alter the size, weight, packaging, file format or other requirements of their Printing Request without prior written notice and acceptance by Saint John Energy; (e) Ensure that all information and materials required by Saint John Energy to print the Message (including but not limited to the Message, Address List, custom stationery) shall be received by Saint John Energy on the agreed date and time as presented in -Schedule "A" contained in this Agreement or production will be re -scheduled at the next available opportunity; (f) Achieve, by commencement of this Agreement and maintain thereafter, a 95% address accuracy rate, in accordance with Canada Post's preferred rate address accuracy requirements; (g) Ensure that the monthly "metered" customers and the bi- annual "flat rate" customers are not requested for printing in the same week; and (h) Ensure that all items must comply with the requirements set out in this Agreement and all documents referenced therein, subject to any amendments and that items not complying with these requirements may not be processed under this Agreement. C�� -9- Failure to Perform 8(1) Should Saint John Energy fail for any cause whatever to perform the Services provided for by this Agreement, or fail to perform the Services in a manner satisfactory to the City, then, in either case, all payments by the City to Saint John Energy shall cease as of the date of such failure, and the City may appoint its officials, or any other person or persons in the place of Saint John Energy to perform the Services and Saint John Energy shall have no claim against the City except for the Services which has been performed by Saint John Energy under this Agreement up to the time of such failure, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Dismissal and Termination 9(1) In the event that the City is dissatisfied with the Services performance by Saint John Energy or that Saint John Energy does not comply with the specifications and the terms and conditions of this Agreement, the parties agree that the City may dismiss Saint John Energy at any time, with or without cause, on thirty (30) days' prior written notice. Saint John Energy will accept payment for Services performed to the date of dismissal on a pro -rated basis in accordance with the provisions of this Agreement, in full satisfaction of any and all claims under this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 9(2) This Agreement may be terminated by the City upon thirty (30) days' written notice to Saint John Energy of the City's intention to terminate the same. 9(3) In the event of termination of this Agreement by the City, the City shall within forty-five (45) Business Days of termination pay Saint John Energy, all services rendered by Saint John Energy up to the date of termination, in accordance with the payment provisions set out in this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. Confidential Information 10(1) During and following the Term, Saint John Energy shall: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only those employees, directors, partners, officers, agents, MA -10- representatives, advisors or subcontractors who have a need to know it in order for Saint John Energy to perform the Services hereunder; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) The written consent of the City; and (ii) In respect of any City Confidential Information relating to any third party, the written consent of such third party; (d) Provide City Confidential Information to the City on demand; and (e) Return all City Confidential Information to the City on or before the termination or expiry of the Term, with no copy or portion kept by Saint John Energy. Saint John Energy shall ensure that those of its directors, officers, employees, agents, partners, representatives, advisors or subcontractors who have been provided with City Confidential Information will keep all City Confidential Information confidential and secure in accordance with the requirement of this Agreement and that all such City Confidential Information be returned to the City before the termination or expiry of the Term. 10(2) Saint John Energy shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Services. 10(3) Saint John Energy acknowledges that breach of any provisions of this Section 10 may cause irreparable harm to the City or to any third party to whom the City owes a duty of confidence, and that the injury to the City or to any third party may be difficult to calculate and inadequately compensable in damages. Saint John Energy agrees that the City is entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Section 10. 10(4) If Saint John Energy or any of its directors, officers, employees, agents, representatives, advisors or subcontractors becomes legally compelled to disclose any City Confidential Information, Saint John Energy will provide the City with prompt notice to that effect in order to allow the City to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the City and its legal counsel to the fullest extent. If such protective orders C�:3 -11- or other remedies are not obtained, Saint John Energy will disclose only that portion of City Confidential Information which Saint John Energy is legally compelled to disclose, only to such person or persons to whom Saint John Energy is legally compelled to disclose, and Saint John Energy shall provide notice to each such recipient (in co-operation with legal counsel for the City) that such City Confidential Information is confidential and subject to non -disclosure on terms and conditions equal to those contained in this Agreement. 10(5) Saint John Energy will take all reasonable steps to ensure the confidentiality of the City's Confidential Information while in their possession. Specifically, (a) Saint John Energy will ensure that pay stub Messages are in the presence of an authorized employee, in a restricted access area, while being printed, packaged and sealed; (b) That water and sewerage Messages are in a restricted access area, while being printed, packaged and sealed; (c) That all completed and packaged Messages will be held in a restricted access area until delivery by an authorized delivery service, to either the Mail, in the case of water and sewerage Messages, or the designated location at City Hall, in the case of pay stub Messages; and (d) That all electronic files are deleted after completion of the customers Printing Request. 10(6) The provisions of this Section 10 shall survive any termination or expiry of this Agreement. Remedies 11(1) Subject to Sections 16 and 17 hereof, upon default by any party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 11(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of any party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. C1'] -12- Indemnification 12(1) Subject to clause 12(2) hereof, but notwithstanding any other clauses herein, Saint John Energy shall indemnify and save harmless the City from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that such damages, costs, claims, demands, actions, suits or other proceedings are attributable to and caused by Saint John Energy's negligence, errors or omissions. 12(2) In no event shall Saint John Energy be obligated to indemnify the City in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City, or any person for whom the City is responsible. 12(3) Saint John Energy will not be held liable for any failure of the postal system once the City's Printing Request has been delivered to the Mail. In no event shall Saint John Energy be liable for any indirect, special, incidental or consequential damages, even if Saint John Energy has been advised of the possibility thereof. Assignment of Agreement 13 This Agreement cannot be assigned by Saint John Energy to any other service provider without the express written approval of the City. Performance 14 All parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Non -Performance 15 The failure on the part of any parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. Mediation 16(1) All disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated upon the willingness of all parties. Despite -13- an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 16(2) The place of mediation shall be the City of Saint John and Province of New Brunswick. Arbitration 17(1) In the event that the parties are unwilling to mediate their dispute and that the dispute between the parties remain unresolved, then either the City or Saint John Energy, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of Saint John Energy and the third chosen by these two. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. 17(2) Any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 17(3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of any parties. 17(4) When the City or Saint John Energy seek such arbitration, the applicant shall deposit a security to the amount of One Thousand Dollars ($1,000.00) with Finance Department of the City who is responsible for this Agreement, and such deposit is to be applied to the cost of the arbitration. 17(5) The place of arbitration shall be the City of Saint John and Province of New Brunswick. 17(6) The provisions of the Arbitration Act, S.N.B. 1992, c. A-10.1, and amendments thereto, shall apply to the arbitration. Force Majeure 18(1) Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond a party's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those 71 -14- Time contained in this Agreement would have put in place contingency plans to materially mitigate or negate the effects of such event. Without limiting the generality of the foregoing, the parties agree that force majeure events shall include natural disasters and acts of war, insurrection and terrorism but shall not include shortages or delays relating to supplies or services. 18(2) If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non- performance. If the anticipated or actual delay or non-performance exceeds fifteen (15) Business Days, the other party may immediately terminate this Agreement by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under this Agreement, at law or in equity. 19 This Agreement shall not be enforced or bind any of the parties, until executed by all the parties named in it. Notices 20(1) Notices shall be in writing and shall be delivered by postage - prepaid envelope, personal delivery or facsimile and shall be addressed to, respectively, the City Address to the attention of the Common Clerk and to Saint John Energy Address to the attention of their Representative. Notices shall be deemed to have been given: (a) in the case of postage -prepaid envelope, five (5) Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile one (1) Business Day after such notice is received by the other party. In the event of a postal disruption, notices must be given by personal delivery or by facsimile. Unless the parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. Reference to Prior Agreement 21 This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the Services as set forth in this Agreement. Amendments -15- 22 No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. Acknowledgment of Terms and of Entirety 23 It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. rM -16- Further Documents 24 The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. Validity and Interpretation 25(1) Paragraph headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 25(2) The failure of the parties to insist upon strict adherence to any term or condition of the Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of the Agreement. 25(3) The Schedules to the Agreement form part of and are incorporated into the Agreement as fully and effectively as if they were set forth in the Agreement. Governing Law 26 This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. Successors, Assigns 27 This Agreement shall enure to the benefit of and be binding on the successors and assigns of the City and on the successors and permitted assigns of Saint John Energy. Severability 28 It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. rLl -17- Independent Legal Advice 29 The parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. Acknowledgment of Receipt of Copy 30 Each of the parties acknowledges receipt of a true copy of this Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their proper officers and The Power Commission of The City of Saint John and The City of Saint John, have caused their corporate seals to be affixed as of the day and year first above written. SIGNED, SEALED & DELIVERED In the presence of: THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: Ryan Mitchell, President and CEO THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: , 2023 rAll - is - PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Ryan Mitchell, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President and CEO of The Power Commission of The City of Saint John (the "Commission"), and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. THAT the signature of "Ryan Mitchell" subscribed to the foregoing instrument is my signature and in my own proper handwriting. 4. THAT the President and CEO is an officer of the Commission duly authorized to execute the foregoing instrument. 5 THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of , 2023. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick this day of , 2023 Ryan Mitchell, President and CEO Commissioner of Oaths, -19- Schedule "A" Schedule of Production Details Customer Water and Sewerage Invoices Stationery Supplied by Saint Mailing envelope - #10 double windowed, secure. John Energy: Invoice paper — 20 lb. white, stub on bottom with micro perforation. Return envelopes — 6-1/2 x 3-5/8 single colour logo and bilingual return address. Estimated Printing Request Metered customers- Approx 3,410 invoices bi- volume and timeframe. monthly, around the 20t" of the month (Message printed on front side only.) Flat rate customers — Approx. 14,010 bi-annually (February, August time frame). (Message Printed on front and back.) Production Timeline Message file to be delivered by customer to specified FTP site by 11:30 a.m. Atlantic Time three (3) business days before required mailing date. Saint John Energy to return Message file within four hours of receipt, for approval by customer. Customer to review and give authorization to proceed by 4:30 p.m. Atlantic Time the day on which the file is returned to the customer for authorization. Printing Request will be completed and delivered to the Mail by 4:30 p.m. three (3) Business Days following the delivery of the Message file from the customer. NFA -20- Customer Pay Advices & T4s — T4As Stationery Supplied by Saint John Delivery envelope - #10 windowed secure, with Energy: return address and logo (for pay stubs only). Pay stub paper — 20 lb. white. Estimated Printing Request Approx. 1,000 pay advices for pensioners per volume and timeframe. month. File received 3rd or 4t" week of each month. Approx. 2,150 T4s & T4As per year. File received in the February timeframe. Production Timeline Message files to be delivered by customer utilizing encrypted e-mail: before 11:30am Atlantic time the day of the file transmission. Printing Request will be completed and delivered to the 121" Floor City Hall Human Resources office, by 4:30 p.m. the Business Day following the delivery of the Printing Request from the customer. T4s and T4As will be mailed by Saint John Energy. N-11 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-015 Report Date January 17, 2023 Meeting Date January 23, 2023 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: City of Saint John - Forest Hills Ball Park Lighting Renewal Additional Required Work AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Samir Yammine Ian Fagan J. Brent McGovern RECOMMENDATION It is recommended that; 1) the tender award amount of Contract 2022-082301P Forest Hills Ball Park Lighting Renewal previously awarded to Able Electric (2016) Ltd on July 11t", 2022, be increased from $597,000+HST to $726,751.83 plus HST as outline in this report. 2) The capital budget be adjusted by re -allocating $133,201.08 from the District Energy project to the Forest Hills Ball Park Lighting Renewal. EXECUTIVE SUMMARY The original scope of work on this project included the supply and installation of new poles and lighting fixtures in the same location as the existing poles while reusing all the buried conducts and wiring that was in place at the site. Upon commencement of the work and partial excavation, it was discovered that the existing wiring was in poor condition and not suitable for re -use. The purpose of this report is to recommend that Council increase the contract value of the Forest Hills Ball Park Lighting Renewal. PREVIOUS RESOLUTION M&C 2022-231. It is recommended that the proposal submitted by Able Electric (2016) Ltd., for the Lighting Renewal at Forest Hills Ball Park in the amount of $597,000 plus HST be accepted. Additionally, it is recommended that the Mayor and City's Clerk be authorized to execute the necessary contract documents. r�%] -2- REPORT As previously indicated in the M&C 2022-231, the existing lighting system is over 35 years and is in dire need of renewal. The lighting system did not have accurate electrical drawings which has made it difficult to understand the current state of the existing underground wiring system to feed power to both fields. The original scope of work on this project included the supply and installation of new poles and lighting fixtures in the same location as the existing poles while reusing all the buried conducts and wiring that was in place at the site. Upon commencement of the work and partial excavation, it was discovered that the existing wiring was in poor condition and not suitable for re -use. The wiring was not installed in a conduit system as traditionally expected and has resulted in deterioration of the wiring. Additionally, it was discovered that the softball field was grounded locally, meaning the ground wire ran to a ground rod near each pole but did not have a bond wire tying the circuit to the building ground. The localized grounding in the softball field is a code violation that requires correction to route new grounding wires from the building in new conduit to the new lighting poles. Consequently, these two found conditions require a complete upgrade of the buried underground wiring including new conduit and ground to current code. STRATEGIC ALIGNMENT The Forest Hills Ball Park Lighting LED Upgrade project additional work is aligned with the following City plans, policies, Council Priorities, programs, and practices: • City of Saint John Corporate GHG and Energy Action Plan to reduce GHG emissions by 30% by 2025 and achieve carbon neutral by 2040. • City of Saint John Asset Management Policy objectives to apply risk -based decision and life cycle costing principles to prioritize capital investment, identify alternative measures, facilitate the leveraging of infrastructure funding from external sources, and improve the reliability of customer service. • City of Saint John Capital Budget Policy. • City of Saint John Climate Change Action Plan. • Council Priorities: Growth "We value smart growth", Green "We value the environment" and Belong: "We value a welcoming community". E:ii] -3- SERVICEAND FINANCIAL OUTCOMES The total cost to complete the upgrade and address these two deficiencies is $129,751.83 Plus HST. Once the HST rebate is applied, the net cost increase of the project is $133,201.08. The cost for this additional work is funded under the Low Carbon Economy Fund (LECF) and a re -allocation from the District Energy Capital budget project providing no additional allotment to the Capital Budget. The breakdown in funding for the additional work at the Forest Hills Ball Park is as follows. LCEF Funding: $53,635.99 Capital Budget Funding $79,565.09 There will be minimal impacts to the District Energy Project from this re- allocation as the various partners are still working through the evaluation process. The work slated for 2023 will likely be delayed to 2024 and beyond. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The proposed additional work was reviewed by the Asset Management staff and external consultant, and found to be acceptable and in accordance with the industry standard given the size of the scope of work and the infrastructure Supply Chain Management has reviewed and supports of the recommendation put forth. ATTACHMENTS NA E-11I COMMON COUNCIL REPORT M&C No. 2023-011 Report Date January 16, 2023 Meeting Date January 23, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Demolition of Vacant, Dilapidated and Dangerous Building at 155 Market Place (PID: 00363259) AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Benn Purinton J Hamilton/A Poffenroth J. Brent McGovern RECOMMENDATION RESOLVED, that the building located at 155 Market Place, PID# 00363259, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated underthe Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building located at 155 Market Place. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange demolition of the building. PREVIOUS RESOLUTION N/A REPORT The two -storey, single-family home located at 155 Market Place is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Staff first became aware of the building's vacancy in September of E-1yj -2- 2017 and began standard enforcement procedures. The property is located on the City's West Side and is currently assessed at $88,200 as per Service New Brunswick's Land Registry. The building has been experiencing deterioration from water infiltration for a significant length of time. There is significant sloping occurring throughout the building, notable in its walls, ceilings and floors. A staircase at the right entrance to the building is separating from the wall and has partially collapsed. The floor system in the first floor is sagging and is improperly supported. The building's roof is also sagging significantly. Criminal activity and vandalism has occurred at the building. On November 171", 2022, a break-in occurred at the property and City staff was required to take action to have the building secured. Furthermore, the windows at the front of the building have all recently been broken and have loose glass remaining in the frame. A Notice to Comply was issued and posted to the building on November 24, 2022, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Notice provided the owner with 45 days to remedy the conditions at the property. The owner did not file a Notice of Appeal within the time frame provided. A compliance inspection was conducted on January 16, 2023, which revealed that the conditions have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. A copy of the letter advising of the Common Council Hearing date is attached. The letter was posted to the front door of the building located at 155 Market Place on January 10, 2023. Also included are photos of the building. The Local Governance Act indicates that where a building has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation and resulting hazard to safety of the public. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Belong priority. Hazardousvacant buildings create unsafe conditions in neighbourhoods and diminish community pride. E:ic3 -3- SERVICEAND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is estimated at $15,000. Upon approval of the recommendation, staff will seek competitive bidding in accordance with the City's purchasing policy. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with the request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS General counsel registered the notice to comply with Service New Brunswick's Land Registry. ATTACHMENTS Affidavit of Service — Notice to Comply Affidavit of Service — Notice of Common Council Hearing Letter Photos E:i! CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF TH E BUILDING THAT IS LOCATED AT l Ss ac h , Saint John, N.B. (PID number C)d-ZIG37-9c( AFFIDAVIT OF SERVICE I, L"900 < <' ' i { , of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: A On the 24 day of 2023 at approximately posted the following documents: • a Notice to Comply, attached hereto as Exhibit "A" • and a Notice of Appeal, attached hereto as Exhibit "B" 2 , .71 P. K to the building at 45S mar% i Ple,& , Saint John, N.B. Sworn To me at the City of Saint John, N.B. on the day of 2023 Travis Radtke Commissioner of Oaths MY Commission Expires December 31, 2025 )'C /JuvScn glklwll E:16'7 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, e.18, s 132(2)) Parcel identifier: PID # 00363259 Address: 155- l5 7 Market Place, Saint John, NB Owner(s) or Occupier(s): Name: Cornelius Harder Address: 71 Winter Street, Saint John, NB, E2K 3W8 FORMULE 4 AVIS DE CONFORMITbt — LIEUX DANGEREUX OU INESTH> TIQUES (Loi Sur la gouvernanee locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numfro d'identiflcation de la parcelle : NID:00363259 Adresse : 155-157 Market Place, Saint John, NB Propriftaire(s) on occupants): Nom : Cornelius Harder Adresse : 71 rue Winter, Saint John, NB, E2K 3 W8 Local government giving notice: The City of Saint Gouvernement local signifiant I'avis : The City of John. Saint John. By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M-30 and amendments thereto (the "By- law"). Provisions) contravened: Subsections 6(1), 6(2) and 6(3) of the By-law. Conditions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated November 23, 2022,prepared by Benn Purinton,by4aw enforcement officer, reviewed and concurred in by Pamela Bentley, P. Eng_, by-law enforcement officer. What must be done to correct the condition: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition ofthe building and the disposal o fdebris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control orreduce, eliminatethe release, alterthe manner Arretf enfreint : rlrreti relatijaux lieux inesiheoques et aux btitirnents et constructions dangereux de Saint John, Arret6 ntmr6ro M-30, ainsi que ses modifications ci-afferentes (1'« Anete »). Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(2) et paragraphe 6(3) de 1'Arrete. Description de la (des) situation(s) : Les lieux sont inesth6tiques en permettant la presence de ferraille, de detritus et le bitiment delabre. Le bitiment est devenu dangereuse pour la securite du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la securite du public du fait de son delabrement. Les conditions du bitiment et des brux sont decrites i l'annexe a A », une copie confomte du rapport d'inspection en date du 23 novembre 2022 et prepare par Benn Purinton, une agente charge de Pexecution des arretes du gouvernement local, revise et en d'accorde avec par Pamela Bentley, ing., une a@mte charge de 1'execution des arretes du gouvememett local. Cc qu'il y a lieu de !sire pour y remidier: La proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionne et d'amener le bitiment ct les lieux en conformitis avec 1'Arrete. Dans I'eventualite que ]a propribtaire ne remedient pas le bitiment et les lieux dans le temps prescrit par le present avis de conformite, le bitiment pourront eke d6molis comme mesure corrective compte tenu qu'il reprbsente un danger pour la securit6 du public et les lieux pourront titre nettoy6s. Dans 1'eventualit6 de demolition, tous les debris et autres items sur les lieux seront disposescomme mesure corrective dans le but de remidier le danger pour la securite du public. Les mesures correctives susmentionn6es relativement i la demolition du bitiment et la disposition des d6bris et autres items sur les lieux ne comprennent pas le nettoyage, la remiseen 6tatdcs lieux, des terrains oudes biens personnels ou toute autre mesure corrective dens le but de contr6ler ou de reduire, d'eliminer le of release or the release of any contaminant into or upon deversement, de modifier le mode de deversement ou le the environment or any part of the environment_ dEversement d'un polluant daps ou sur I'etvironnement on toute pantie de 1'environnement. Date before which the condition must be corrected:' D&lai imparti pour y rern&dier : a) The demolition of the building, clean-up of the a) La demolition du batiment et le nettoyage des property and related remedies must be lieux doivent titre completees, on a laquelle les completed, or plans and permit applications for plans et demande de permis pour les mesures repair related remedies, must be submitted: des reparations, doivent titre soumises, darns ks within 30 days of being served with the Notice 30 jours qui suivent la signification de Pavis de to Comply. conformite. The repair related remedies must be completed b) Lesreparationsrelieesauxmcsuresdoiventetre within 45 days of being served with the Notice compl&tees dans les 45 jours qui suivent la to Comply. signification de ('avis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner ]'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de Pavis de conformite. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the City Clerk of The City of Saint John, City Hall — 2ed Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for not complying with notice within time set out in notice? Subsection 11(1) of the By-law states that a person who fails to comply with the terms of a Notice to Comply given under section 7 of the said By-law, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offenceunder subsection I l(l) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph l 1(3)(bxi). Local government's authority to undertake repairs or remedy.3 Paragraphs 12(1)(a), 12(1)(b) and 12(lxc) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the City may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 12(3) of the By-law states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the City. Processus d'appel: La proprietaire peux daps Ics 14 jours qui suivent la notification de Pavis de confor n* envoy& un avis d'appel par courrier reconmtande i la effiere do la municipalit&, i The City of Saint John, ifice de Photel de ville, 2G etage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4LL Peine possible en cas d'omission de se conformer ata exigences de Pavis dans le d&lai y impard : z Le paragraph a I I (1) de l'Arr&6 prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Iarticle 7 de ladite Arrete, commet une infraction qui est punissable en vertu de lapartie 2 de la Loisurla procedure applicable aux infractions provinciales a titre d'infraetion de la classe F. Lorsqu'une infraction prevue au paragraphe 11(1) se poursuit pendant plus d'une joum&e, famende minimal& qui peut titre imposee est I'arnende minimal& prevue par la Loi sur la procedure applicable aux infractions pro vinciales pour une infraction de la classe F multipli&e par le nombre de jours pendant lesquels Pinfraction se poursuit conforntement i 1'alinea 11(3 )b)i). Pouvoir du gouvernement local d'entreprendre des r&paratiions ou de rem&dier i In situation : 3 Conformetnentaux alineas 12(1)a), 12(1)b)et 12(1)c) de I'Arrete, si un avis de conformit6 a et& signifie aux termes de Particle 7 de ladite Aaete et, que le proprietaire ou l'occupant ne se conforme pas i cet avis de confomtite dans le delai imparti et tel qu'il est repute confirm& ou tel qu'il est confirm& ou modifr& par un comfit& du conseil ou par un juge en vertu le paragiaphe 12(3) de ladite Arrate, la municipalitepeut fairenettoyer ou r&parer les l ieu x de ce proprietaire ou de cet occupant ou de faire reparer ou d&molir le batiment ou autre construction de cc propri&taire ou de cet occupant, et les coots aff&rents i I'exdcution des ouvrages, y compris toute redevance on tout droit connexe, sont mis i la charge du propri&taire ou de Poccupant et deviennent une cr&ance de la municipalit&. Dated at Saint John on the 23 day of November, Fait a Saint John le novembre 2022. 2022. - Local government: The City of Saint John. Gouvernement locale : The City of Saint John. 87 Signature of the officer of the local government: Signature du foactionnaire du gouvernement local : Contact information of the officer of the local Coordonnces du fonctionnaire du gouvernement government: local: Name: Benn Purinton Mailing address: Growth and Community Services The City of Saint John 15 Market Square City Hall Building, 1.t Floor P. O. Box 1971 Saint John, New Brunswick E2L 4Ll Telephone: (506) 658-291 1 E-mail: benn.purinton@saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local government Nom : Bcnn Purinton Adresse postale: Service de la Croissance et du Communautaire The City of Saint John 15 Market Square tdifice de l'hotel de ville, 1 r etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone :(506) 658-2911 Adresse electronique: benn.purinton@saintjohn.ca T616copieur : (506) 632-6199 Sceau du gouvernement local Notes: N �'°" Notes : 1. All appropriate Mein a obtained and all relevant I. Tons les permis prescrits doivent titre obtenus et toute la legislation must be complied with in the course of carrying out the 16gislation pertinenrc doit etre respeot6e pendant 1'ex6cunon des required remedial action. mewres de rentfdiation. 2. payment of the fine dots not alleviate the obligation to comply 2 Le pakment de 1'amende n'a pas pour effet d'atmuler with the by-law, standard or notice. I'obligauon de se conformer a I'arret6, 6 la norme ou 3 I'avis. 3 Costs become a debt due to the ;DW government and may be 3 Les coins deviennent une crtance du gouvcrnm=t local et added to the joint local government and provtnctal Real Property peuvent &m ajoutes 0 I'avrs conunun d'tvahution et d'imp6t Assessment and Tax Notice. fonder des gouvemements local et provincial. This 18 Exhibit k Referred to In the Affidavit of 5r_r4iC J Sworn before me at the City of Saint John, New Brunswick the _day of_.1 a � s r y , Z,J-L3 Za ZS Co missloner of Oaths 0 INSPECTION REPORT Schedule "A" 155-157 Market Place Saint John, New Brunswick PID#00363259 Inspection Date: October 14, 2022 & November 17, 2022 Inspection Conducted By: Benn Purinton, EIT Introduction !", `-J Y certtry that this :;ocument is a true copy of the „- Qinal. !)r: red at Saint John, i%is '-2-3 �day of_20 ;;- ! � d ids Otiicer Inspection of the property located at 155 Market Place, PID#00363259, revealed that there is one building (the "Building") on the premises; a three -storey, wood -framed, multi -unit apartment building, Staff first became aware of the vacancy of the Building in September 2017 and began standard enforcement procedures. The property is located in the City's Lower West Side in a residential zone. The Building has become a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The Building does not comply with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises. a) any ashes, junk, rubbish or refuse, b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction, c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or d) a dilapidated building. 1. There is junk, rubbish, and refuse dispersed throughout the rear of the property. The junk is primarily composed of building material. The junk, rubbish and refuse are unsightly, 2. The exterior of the Building is dilapidated. A significant amount of paint is peeling from the wood -clapboard siding on the front ofthe Building. The wooden trim is broken off in some areas and has a significant amount of peeling paint from the trim. The fascia is missing from the front of the Building. The cladding on the sides and rear of the Building are composed of wood -shingle siding. There are wood shingles throughout the Building that are loosely hanging, broken, or missing. The paint has been completely removed from a large section of the wood shingles at the rear wail of the Building. There are multiple windows on the front of the Building that are broken with glass remaining in the frame. There are multiples windows that are visibly crooked. The left half of the rear wall does not have siding and is unsightly. The dilapidated conditions of the Building are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. Tlie Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson, and criminal activity. On November 17, 2022, City staff were notified of a break-in that had occurred at the Building. Upon arrival, it was noted that the two doors that had been present at the front of the Building had been completely removed. The Building was later secured by City staff to mitigate the associated hazards. If the Building is broken into again, there is risk of criminal activity occurring which could be hazardous to individuals that live in the surrounding area. The dilapidated conditions of the Building affect the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. Saint John Energy confirmed that the power has been disconnected since October 2017. 2. There is an increased risk of a fire event occurring at the property since it is known that the Building is vacant. The Building has been broken into in the pact and if it is broken into again, it could be susceptible to arson. The Building is in close proximity to the neighboring building at 145 Market Place and the building at 165-167 Market Place. If fire event were to occur at the property, it could potentially spread to the neighboring buildings and endanger the lives of the occupants. 3. There is a concern for fire safety in the event of a fire. If firefighters suspect that there may be people inside the Building, it would be reasonable to expect that they may be required to enter it. The condition of the Building is not known to firefighters which poses a hazard to their safety in the event of a fire or emergency. There is debris in the Building which could present a tripping hazard. There is a hazardous staircase leading to the upper levels that is partially collapsed and landing is completely missing. If emergency personnel were required to traverse to the upper levels, they would risk injury by attempting to traverse this hazardous staircase. There is a significant amount of sloping in the floors, walls, and ceilings on the first level of the building. The significant sloping in these locations indicates structural deficiencies present within the Building. If structural deficiencies are present, they could result in a collapse of a section of the Building under load. Collapse of any section of the Building could endanger emergency personnel should they be required to enter. Dilapidated Building Conditions Subsection 6(3) of the By-law states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. The exterior of the Building is dilapidated. There are multiple windows facing thesidewalk that have been broken with glass remaining in the frame. This could present a safety hazard for any pedestrian walking by the Building as glass could fall and strike the individual. When the Building was inspected in May of 2021, there was significant water infiltration occurring in the building. It was suspected that this water infiltration was occurring due to an opening that was observed in the roof. Since the inspection in May 2021, the opening appears to have gotten larger and is now currently approximately a 2-ft x 1.5-ft in size. This opening will continue to allow water to infiltrate into the Building. Furthermore, the roof of the Building is in poor condition and may be at risk of collapse. At the front and rear of the Building, the roof is significantly sagging to the middle of the roof. There is increased concern of collapse, given that this roof will need to support a load of snow through the winter and puts the Building at a greater risk of collapse. Water infiltration has and will continue to deteriorate the Building. It is reasonable to assume that furtherdeterioration could cause the collapse ofthe roof and floors. Ifa portion of the Building were to collapse, it would present a safety hazard to individuals in the Building, on the Market Place sidewalk, and on the property at 145 Market Place. The building is noticeably leaning toward the neighbonng Building located at 145 Market place. This indicates that if the Building were to collapse, it is likely that the debris could damage the property at 145 Market Place. 2. The interior of the Building is dilapidated. Paint is peeling from the walls in a way that indicates that it could be lead based. Lead based paint would present a respiratory hazard to anyone required to enter the Building There is debris present on the first floor of the Building primarily composed of Building materials and construction remains. The debris presents a tripping hazard. At the front of the Building there are two entrances, one on the left that leads to the train level and one on the right that enters onto a staircase leading to the upper levels. The staircase at the right entrance has partially collapsed and the landing is completely missing. This staircase is hazardous to anyone who traverses it as the missing landing presents a falling hazard and the partially collapsed section could collapse further. The floors and ceiling on the first floor of the Building are significantly sloping. The floors are sloping down into multiple comers of the first floor. The ceiling in the middle of the first floor is sagging significantly indicating that the 211 floor may be structurally unsound. During the inspection of the crawl space, it was noticed that a steel I-beam was being used to provide additional support to the floor system. At one end, the I-beam is being held up by a stack composed of a 2.5-ft x 1.5-ft wooden box of concrete, two 1.5-ft x 0.5-ft concrete blocks, and five I-ft long woodenstuds. This stack of material is leaning significantly. Two of the previously described support structures are both leaning and are not an adequate form of support for the first -floor joists. If the I-beam were to lose its support at one end, it is possible that the first floor could collapse. This is a safety hazard for any personnel that may need to enter the Building. Required Remedial Actions The owner must comply with one of the two options stated below: Option l: Remedy the conditions of the Building through all repair and remedial actions as follows: The Building must be completely repaired to remedy the above -mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada t2015) as well as all other applicable by-laws. 2. A detailed plan must be submitted to the Growth and Community Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2015) as well as other applicable codes. 91 3. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 4. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By- law, By-law Number C.P. 103 and amendments thereto (the "Saint John Building By-law"). The premise must be cleared of all debris found on the property including any and all rubbish that may be considered hazardous or unsightly. Any debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations, Documented proof, that clearly demonstrated an approved solid waste disposal site was used for disposal of the debris must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all remedial actions as follows: I. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law, 3. The premise must be cleared of the debris from the demolition and the lot must be reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Benn Purinton, EIT Technical Services Officer Growth and Community Services Reviewed and concurred in by: Pamela Bentley, P.Eng. Technical Services Engineer Growth and Community Services Date 4 6 1 A)) I � S11 15-1 Date 92 Schedule µB^ FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Annexe o B » FORM ULE 1 AVIS D'APPEL N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimde. Numdro d'identification de la parcelle : # NID Parcel Address: Adresse de la parcelle : Owner(s) or Occupier(s)- Name: Address: Telephone: Propridtaire(s) ou occupant(s) Nom : Adresse : Teldphone: Name: Nom : Address: Adresse : Telephone: Teldphone: The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnommd(s) n'accepte(nt) with the terms and conditions set out in: pas les modalites ou les conditions qui sont dnoncds dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a dtd donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous I'Arrete relatif aux lieux inesthitiques et aux Buildings and Structures By -Law; or batiments et constructions dangereux dons The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a dtd dmise en vertu de Saint John Minimum Property Standards By- I'article 25 de I'Arreti concernant les normes Law; minimales rigissani les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comiti des appeas sur les Properties Appeal Committee. residences non conformer aux normes de Saint Jahn. The appellant(s grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans le prdsent (set out the grounds clearly but briefly): appel sont les suivants (enoncer les motifs de fa4on 93 -2- claire et concise] : Dated at the day of Fait a le . 20 20 Signature of owner or occupier Signature du propridtaire ou de I'occupant The appellant(s) intends to proceed in the English [ ] L'appelant a ou les appelants ont ('intention d'utiliser la or French [ ] language (Please check the appropriate langue francaise [ ] ou anglaise [ ] (Veuillez cocker la box). case approprie). Please forward your Notice of Appeal by registered Veuillez faire parvenir votre av1S D'APPEL par courrier mail to the City Clerk within fourteen (14) days after recommande au greff er municipal dans les quatorze having been given the Notice or Order at the (14) jours qui suivent la notification de 1'.4+11S ou de following address: 1 'ORDONNANCE d 1 'adresse suivante : City Clerk's Office Bureau du greffier municipal 15 Market Square, City Hall Building, 2nd Floor 15 Market Square, Edifice de I'h6tel de ville, 2' dtage P. O. Box 1971 Case postale 1971 Saint John, New Brunswick Saint John (Nouveau -Brunswick) E2L 4L1 E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. Telephone: 506-658-2862 Facsimile : 506-674-4214 Notes : I. Un AVIS ou une ORDONNANcE dont it West pas interjete appel dans les quatorze (14) jours qui suivcnt la notification de FAVIS ou 1'dmission de l'ORDONNANCE est rdputd confirme. 2. On an appeal, the Saint John Substandard 2. Lors d'un appel, le Comite des appels sur les Properties Appeal Committee shall hold a hearing residences non conformer aux normes de Saint John into the matter at which the owner(s) or occupier(s) doit tenir, sur le point en litige, une audience au cours bringing the appeal has (have) a right to be heard and de laquelle le(s) propridtaire(s) ou ('occupant ou les may be represented by counsel. occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire reprdsenter par un avocat. 3. On an appeal, the Saint John Substandard 3. Lors d'un appel, le Comite des appels sur les Properties Appeal Committee may confirm, modify residences non conformes aux normes de Saint John or rescind the Notice or Order, or extend the time for peut confitmer, modifier ou annuler FAVIS ou complying with the Notice or Order. l'ORDONNANCE ou proroger le ddlai pour s'y conformer. 4. The Saint John Substandard Properties 4. Le Comite des appels sur les residences non Appeal Committee shall provide a copy of its conformes aux normes de Saint John doit fournir une decision to the owner(s) or occupier(s) of the copie de sa decision au(x) propridtaire(s) ou a premises, building or structure who brought the ('occupant ou aux occupants des lieux, du batiment ou appeal within fourteen (14) days after making its de la construction qui lui a (ont) interjetd appel dans les decision. quatorze (14) jours suivant la date a laquelle ii a rendu 94 -3- 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) proprietaire(s) ou l'occupant ou les occupants a qui une copie d'une decision a eta fournie par le ComW des appels sur les residences non conformes aux normes de Saint John concernant un Avis pout (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de 1'arrete n'a pas ete suivre, ou (b) la decision est deraisonnable. This is Exhibit C_ Q.� Referred to in the Affidavit of �� J ` Swom before me at the MY of Saint Jlhn, New B�nswick �023 t �--� then da of- J Uc Co missioner of Oaths 95 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 1 5 5 Aar � Awt , Saint John, N.B. (PID number 00 3& 3 251 ) AFFIDAVIT OF SERVICE I, Ige-+%e% 0-r oA �Prj , of the City of Saint John in the County of Saint John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. I am employed by the City of Saint John in its Growth and Community Services Department. I have personal knowledge of the matters herein deposed where otherwise stated. 2. On the I JQ day of 2023 at approximately 1 SS P e- I posted a copy of the Notice of Common Council Hearing letter, annexed hereto marked Exhibit "A" to the building at 15S /NewW Saint John, N.B. Sworn To me at the City of Saint John, N.B. oche 1 ! day of JWil 1 , 2023 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 316r, 2023 0Z:I Permitting & Inspection / Service des inspections et de I'application By-law Enforcement / Service d'Application des Arretes Municipaux Phone / Tel : (506) 658-4455 Fax / Telec : (506) 632-6199 The City of Saint Jahn January 10, 2023 Case #: 17-00000458 Cornelius Harder 71 Winter St Saint John, NB E2K 3W8 Dear Sir/Madam: RE: 155 Market PI, This Is Exhibit VAif erred to i e Af cla of _ -rj C� V-1, ;r Swom before me at the City of Saint d n, New BAmwick the-, day of _ J t' A)�V& Commissioner of Oafhs NOTICE OF COMMON COUNCIL PID # 00363255 Dangcrous and Vacant Building Program PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31'P, 2023 On November 23"', 2022 it Notice to Comply was is -wed for the above -mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightlr• Preinives and Dangerous Buildings and Structures BY -lair. The Notice to Comply wa" posted on the said property on November 24th, 2022. The fourteen (14) days appeal period has now expired. Therefore, it compliance intipection will be carried out on January 16"', 2023. If the property is not in compliance with the aforesaid By law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on January 23'�", 2023 at 6:00pm to recommend that the building be demolished because it has become a hazard to the safety of the public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound: however, not that this meeting will be your only opportunity to do so. If you have any questions, don't hesitate to contact me at (506) 658-4455. Regards, Benn Purinton, Vacant Building Mananger SAINT JOHN OYA O i z'I4a a Im ■ 117 N z Ln s N M O � a--+ rt ) • Co *k cn U CL C6 � U N .� L fa � G m Zi O O s `il a, - • �LY -, V, / s O .. art "�M-". 'j .; }�. O }n CL qa- J M1 N z Ln s N O Q0 4-J M � O cn � N � U CL f6 � U_ 4-+ _Ile cn L � Ca G m Lli Lli r-I ""--T . . . . . . .... mow QL416 po _ I � I io w rl_ 0 4-j (DOW, i V, Flo Om W, .TWgATAT Ln -77i r-4 f, rn (10 4-J r1r) - u Ln Ln rt I. 1j, COMMON COUNCIL REPORT M&C No. 2023-17 Report Date January 17, 2023 Meeting Date January 23, 2023 Service Area Strategic Services Mayor Donna Noade Reardon and Common Council SUBJECT. Letter to the Minister of Local Government and Local Governance Reform AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Kevin Fudge Kevin Fudge J. Brent McGovern RECOMMENDATION Finance Committee recommends: Common Council send a letter to the Minister of Local Government and Local Governance Reform in support of the Expert Panel recommendations on Equalization as well as to request the elimination of restrictions on setting the Non - Residential and Heavy Industrial multiplier. EXECUTIVE SUMMARY At the November 3rd, 2022, meeting of the Finance Committee, staff made two presentations that included: 1. The Expert Panel recommendations on the Municipal Equalization program in the Province of New Brunswick. 2. Pursuant to the City's Fair Tax Report, an analysis of the City's ability to enter the property tax Room vacated by the Province of New Brunswick. Finance Committee unanimously endorsed a recommendation to Common Council to send a letter of support to the Province respecting the Expert Panel recommendations on equalization as well as to request the Province amend legislation to give authority to municipalities to set the non-residential and heavy industrial multiplier without restriction. `191:1 -2- PREVIOUS RESOLUTION N/A REPORT 1. Expert Panel Recommendation on Equalization In November of 2021 the Province released a White Paper on Municipal Reform advising that a new equalization formula would be established because the current formula was not adapted to the new local governance structure. Thereafter, an expert panel was put in place in May 2022 comprised of former provincial civil servant Nora Kelly and Pierre -Marcel Desjardins, a Universite de Moncton professor with expertise in economics and local government. The Expert Panel was tasked with identifying, assessing, and proposing options related to a new system of fiscal transfers between the Province of New Brunswick and Local Government entities. Consultation took place in the summer months between the Expert Panel and municipal stakeholders that culminated with a 21 Page Report submitted to the Government of New Brunswick in September 2022 with recommendations. (Appendix A). In October 2022, the Province created an Act Respecting Community Funding that included a different formula than recommended by the Expert Panel. Based on the formula that was proposed by the expert panel, it is estimated the City of Saint John would have received a significant increase in equalization payments with future payments indexed to Provincial Tax Base Growth. The actual formula implemented used the 2022 Equalization payment as a base, froze the budget for 5 years and phased out the direct Core Funding component in order to allocate funds to a Provincial pool fund regional projects within the Regional Service Commission (RSC) based on application. Saint John who previously received 89% of the core funding (calculated based on the nonresidential tax base) would receive 57% cost share benefit based on the calculation within the Regional Service Commission if applications by the Fundy region were successful. Conclusion —The independent Expert Panel recommended Equalization Formula based on fiscal capacity would have benefited the City of Saint John. 2. Fair Taxation — Provincial Tax Room The City of Saint John has been consistent with its requests respecting fair tax reform which included more control over the setting of tax rates and tax classes `[9tl -3- as well as for the Province to vacate property tax room to allow municipalities to enter into that room. In November 2008, recommendation #42 in the Jean Guy Finn report entitled "Building stronger Local Governments and Regions" included property tax room be made available from the Provincial Government by reducing the Provincial property tax rate to $1.50. Furthermore, on October 27th, 2017, Common Council adopted a resolution based on a Fair Tax report that included: (1) Common Council requests the Province vacate the levying of provincial property taxes to provide tax room for municipalities. (2) Common Council requests the Province change legislation to provide municipalities control over setting tax classes and tax rates. In 2017, the City also engaged Fair Tax experts Harry Kitchen and Enid Slack who stated the following on page 9 of their report: "The property tax is a good tax for local government but not necessarily appropriate to pay for the redistributive services provided by the Provincial government, such as education and health care. The Province should gradually get out of levying property taxes". And further on page 53 of their report: "Moreover, eliminating the provincial property taxes would reduce the pressure on the municipal property tax rate and increase transparency in the property tax system". In the report, Slack and Kitchen conducted an environmental scan on Property Tax Authority, comparing New Brunswick Property Tax legislation on the setting of tax rates and tax classes to legislations in other Provinces in Canada. New Brunswick had at the time the most restrictive and controlled tax structure in the Country with only two tax classes and a fixed 1.5 multiplier. Most other provinces were either free to set their own tax rates without provincial restriction or had more authority to set tax rates within regulated fairness limits. Slack and Kitchen also benchmarked NB's property tax multiplier of 1.5 to other comparable cities in Canada that have a unique mix of Residential, Commercial, Industrial and Major Industrial classes. The benchmark Commercial, Industrial and Heavy Industrial all exceeded the multiplier fixed in NB, and in some cases significantly. In 2021 the `DU] -4- ALTUS group published a study that benchmarked commercial multipliers across major urban cities across Canada and the average multiplier was 2.73. On May 31, 2022, the Provincial Government introduced legislative amendments that established a new heavy industrial classification of property tax and provided authorityto municipalities to set the local tax multiplier within a range of 1.4-1.7 times the residential property tax rate for Non -Residential and Heavy Industry Classes. The Province announced in its 2022-2023 budget that the Provincial Property Tax rate for Non -Residential properties would be reduced by 15%, reducing its Provincial property tax rate from $2.1860 to $1.8560. This reduction created new tax room for the City of Saint John based on its 2023 Tax base of approximately $6.7M to enter. Considering the City's residential property tax rate is currently $1.62, maximizing the multiplier to 1.7 allows the City to only enter approximately 60% of the Provincial Tax room vacated. The 15% reduction in the Provincial tax rate in Saint John equates to a 33-cent tax rate reduction for non-residential customers while the increase in the City's multiplier from 1.5 to 1.7 generates a 19-cent increase based on the City's current tax rate of 1.62. Based on the City's tax rate, Saint John would need a multiplier of 1.787 to enter 100% of Provincial Tax Room vacated. Conclusion -Additional flexibility above 1.7 is needed in legislation to set the non- residential and heavy industrial class multiplier to enter 100% of the tax room vacated by the Province. STRATEGIC ALIGNMENT Aligns with Council's priority to Perform. SERVICEAND FINANCIAL OUTCOMES Fair Tax is critical to long term financial sustainability and local service delivery. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A `tole.] -5- ATTACHMENTS 1. Report of the Expert Panel on Provincial Municipal Fiscal Arrangements in New Brunswick — September 2022. 2. Finance Committee Presentation - Property Tax Multiplier & Equalization Grant Recommendations — November 3,d, 2022 fisK Report ot the ?rnvinrial Mi grrangeme ;mne.wirk pert Panel c ipal Fiscal Vibrant and Sustainable Communities - Community Funding and Equalization Grants Executive Summary Provincial -Municipal Grant Funding in New Brunswick - A brief History Provincial -Municipal Transfers Provincial -Municipal transfer systems across Canada Equalization Grants and Unconditional Transfers Unconditional Transfers Provincial -Municipal Revenue Sharing Changing Economy and Society Panel Recommendations 0 6 7 9 10 11 11 12 14 ` IK 2 Vibrant and Sustainable Communities - Community Funding and Equalization Grants Executive Summary The Expert Panel was tasked with identifying, assessing, and proposing options related to a new system of fiscal transfers between the Province of New Brunswick and Local Government entities suited to the new local governance system as laid out in Working Together for vibrant and sustainable Communities, White Paper, 2021. The Panel was asked specifically to examine the system of community financing and equalization grants and to recommend a new system of fiscal transfers between the Province and Local Governments. The Panel researched the history of Provincial -Municipal transfers in New Brunswick and in Canada to study success and failure in meeting their intended purposes especially regarding equalization. Differences in approaches in the use of conditional and unconditional grants, utilization of other revenue sources to supplement property tax and user fees were all examined in the context of the reforms to local government as set out in the White Paper. The Terms of Reference for the Expert Panel are attached for ease of reference. Phase Two Finances, as outlined in the White Paper, was not part of the work of the Panel and time did not permit a thorough review that is essential as reforms progress. The Panel does however recognize that a new equalization formula cannot be looked at in isolation of an overall funding strategy and as such has some recommendations for Phase 2 deliberations. The vision for the future of local governments in New Brunswick is clearly and succinctly articulated in the White Paper as vibrant and sustainable communities working together to enhance the quality of life for all New Brunswickers. This policy objective clearly sets the stage for the collective efforts of all New Brunswickers and their local governments to work toward achieving. This is the first significant strategic reform of local government in New Brunswick in 55 years. The province will move from 340 local entities to 77 local governments and 12 rural ` 191 districts. Collaboration is key to reform and as such the mandates of the 12 Regional Service Commissions will be strengthened to promote cooperation and collaboration among communities in regions. To guide its work on recommending a new system of fiscal transfers the Panel turned to the White Paper's guiding principles and criteria used in its strategic restructuring. Of particular importance were the following: 1. upholding the principles of Equal Opportunity such that all New Brunswickers enjoy comparable minimum standards of services and opportunities at comparable tax rates, regardless of the financial and economic opportunities of their locale. 2. increasing the capacity of communities through larger tax bases such that residents enjoy a higher and more sustainable level of service Principles The goal of equalization is to allow citizens to receive a reasonably comparable level of service at a reasonably comparable level of taxation. In Canada, Equalization is embedded in the Constitution: "Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation". (Subsection 36(2) of the Constitution Act, 1982) In our report, the goal is to increase the fiscal capacity of municipalities such that municipalities have the financial resources to allow them to offer comparable services at a reasonable, yet comparable level of taxation The proposed formula does not identify or dictate which services should be offered by municipalities but rather respects the autonomy of locally elected officials to make these decisions. Thus, services across municipalities may vary. ` E111 rd The Panel recommends the following: 1 - The formula is based on fiscal capacity to equip local governments with a grant that will enable them to grow their tax rates to meet the average of their group. 2 - Five groupings of municipalities as follows: 1 - Cities with a population of more than 40,000 2 - Cities with a population of less than 40,000 3 - Municipalities with a population of more than 10,000 4 - Municipalities with a population of less than 10,000 5 - Rural districts 3 - Transition period of five years 4 - Elimination of the core funding grant in the equalization program. 5 - Additional services offered by the Regional Service Commissions to be funded 50/50 by the provincial government and the municipalities. The province's share should be linked to the tax base, increasing as the value of the tax base increases, distributed on a per capita basis. 6 - The Panel recommends that the Equalization formula includes a component to recognize that roads in old local service districts (LSDs) will be financed by the provincial government. 7 - The Panel recommends that the Equalization Program should have an initial budget sufficient to bring everybody's capacity at their groups average. 8 - The Panel recommends that in the future, the Equalization Program budget be increase proportional to the increase of the province's tax base. 9 - The Panel recommends that the three-year averages be used for tax base and population, to reduce fluctuation and increase certainty for program recipients. 10 - The Panel recommends that the Equalization Formula be reviewed at the end of the five-year transition period to ensure it remains valid and more work be conducted in Phase 2 - Finances on other potential revenue sources that may be more appropriate after five years of experience with the reforms. 11 - The Panel recommends that varied potential additional revenue sources be further explored in Phase 2 - Finances. ` &I 12 - The Panel recommends an analysis of the province's property assessment process, as it is a fundamental element of the Equalization Program. IiM1.1 C: Provincial -Municipal Grant Funding in New Brunswick - A brief History The history of provincial -municipal funding arrangements in New Brunswick has been well documented and studied in the years since the 1963 New Brunswick Royal Commission on Finance and Municipal Taxation commonly known as the Byrne Report. The report recommended a new governance model as key to a prosperous and self- sufficient New Brunswick. The Province would assume responsibility for the provision and financing of services to people such as education, health, justice, and social services while local governments would provide services and funding to properties. Property taxes from tax rates on both residential and non-residential property were the main sources of revenue for this new municipal governance model. Other municipal revenue was raised by various fees levied on property for such things as water and wastewater disposal. As the Province required more revenue for services for which it was responsible than it could raise through its own sources, namely income tax, sales tax, and federal transfers, it was determined that the Province and local governments would share the property tax field. That is to say, that both the Province and local governments would levy taxes on real property. Additional tax revenue was also required by the Province as it retained responsibility for the provision and payment of municipal -like services for LSDs. This sharing of property tax room remains to this day. Byrne acknowledged the need for provincial -municipal grant funding to complement the revenue raised by property tax. An unconditional core funding grant was put in place for municipalities to cover the fiscal gap created due to insufficient property tax revenue to cover the expenditure needs of municipalities. In support of the principles of Equal Opportunity an equalization grant was instituted to address differences in the capacity of municipalities' ability to raise revenues to provide comparable services at comparable tax rates. 7 Provincial -Municipal Transfers History shows that the original formulas were amended or suspended with regularity over the years. From 1974 until 2021 the formula was amended seven times to incorporate such variables as density, expenditures, average expenditures, and fiscal capacity. Equalization necessitates the grouping of reasonably similar types of communities to allow for fair comparisons regarding relative financial need and or capacity. Communities with similar populations have similar service demands and as such offer a reasonable basis for comparison purposes. Over the years the grouping methodologies have changed to reflect for example new census information or changes to the industrial base of any given community. In 2008, the Finn Report, Building Stronger Local Governments and Regions, proposed sweeping reform of local governance including their fiscal arrangements. This was the first system wide review and recommendations for the future of local governance since the 60s. The preservation of the basic premise of Equal Opportunity in Finn's proposed governance model, set the tone for fiscal reform. It endorsed a new equalization formula based on three groupings of municipalities by population, elimination of the unconditional grant or core funding, and proposed a tax room transfer. The Province would vacate a portion of the Provincial share of property tax allowing local governments to occupy that space. The Finn report was not implemented but it helped inform the 2021 White Paper. The 2001 Action Plan for a New Local Governance System in New Brunswick addressed community funding arrangements and introduced generally accepted Principles of Public Finance to guide the development of a new formula for funding. The principles enunciated were equity, accountability, predictability, simplicity, and viability. They remain as relevant a decade later and they guided the Panel's formulation of the recommended 2022 equalization formula. The Community Funding and Equalization Grant was implemented in 2013 and included changes to the cost sharing of policing services and local taxation for LSDs. The grant included an unconditional transfer payment for core funding and the Equalization grant was tied to expenditure and fiscal capacity. The Community Funding and Equalization Grant addressed the principles of predictability, stability, and simplicity. This formula remained in place until 2021 IiMF:3 The history of the efforts of many governments, municipal organizations, and various experts at designing an equalization formula that is acceptable to local governments and the provincial government has proven to be problematic over the years. The formula applications over the years and the suspensions of various formulas for prolonged periods have shown that unanticipated consequences can and do occur: - A formula based on fiscal effort which took municipalities expenditures into consideration, resulted in rewarding spending, which greatly benefited some and penalized others. - At its highest the grant pool funded 32.2% of net budgets because of the absence of a fully functioning formula. The unconditional grant was not a reflection of the municipalities' needs nor of their ability to raise revenue. - Years of reductions in provincial funding as a cost -saving measure reduced the size of the grant pool resulting in higher property taxes and/or a decrease in municipal services. - Poorly designed formulas or lack of formulas did not serve their intended purpose of increasing the fiscal capacity and financial autonomy of local governments and thereby reducing or eliminating dependence on provincial transfers. - The Principles of Public Finance often did not guide the development of the funding mechanisms such that they were perceived as fair, providing adequate funding to meet local governments' needs, simple, easily understood and explained, transparent and providing adequate funding to facilitate longer term planning. Iifi�7 9 Provincial -Municipal transfer systems across Canada The White Paper of 2021's policy objective of vibrant and sustainable communities can only be realized if local governments have the necessary resources to meet their existing needs and to finance their evolving mandates. All municipalities across Canada have many of the same challenges as those in New Brunswick and although there are similarities in the provincial -municipal arrangements across Canada there are also some marked differences. The Panel looked at funding arrangements of municipalities and regions of provinces including the cities. `f►07 10 Equalization Grants and Unconditional Transfers Provincial -Municipal equalization grants in Canada all have the same goal of ensuring that local governments can provide reasonably comparable levels of service at reasonably comparable tax rates to their citizens. The notion of Provincial -Municipal equalization is based on the Federal -Provincial Equalization embedded in Subsection 36 (2) of the Constitution Act, 1982. The Act states: "Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation." These transfers can be unconditional and come in the form of revenue sharing or as equalization or other schemes. Transfers can also take the form of conditional grants which as the name suggests, come with prescribed conditions for their use. Both kinds of grants have a role in municipal funding: Unconditional grants provide autonomy to local governments to determine the priorities of its citizens in terms of services and programs they expect. They require that local governments be accountable for policy decisions and for the execution of those decisions. Conditional Transfers Conditional grants are the most used form of provincial -municipal transfers in Canada. Alberta is an outlier receiving 100% of its provincial -municipal transfers as conditional grants. By contrast, New Brunswick receives 35% conditional grants. Conditional grants are generally used in the funding of capital projects or for the provision of services and programs that are of benefit to both the provincial and local government. The largest conditional transfers in Canada are for transportation, infrastructure, environment (water and sewage) and in Ontario and Alberta for social services. The federal government also funds federal -municipal initiatives of interest to both levels as conditional grants. 121 11 The Panel is of the view that unconditional grants allow more autonomy to local governments to set their own priorities in the provision of services for which they are fully accountable to the citizenry. As noted above however conditional grants are suited to the realization of initiatives that benefit both local governments and provincial and federal governments and for the provision of social services. Unconditional Transfers The systems of provincial -municipal transfers in Canada bear similarities in how municipal governments are funded for the purpose of equalization and reducing fiscal gaps. Unconditional equalization grants form a component of provincial -municipal transfers in British Columbia, Ontario, Quebec, New Brunswick, Prince Edward Island and Nova Scotia. The criteria for receipt of equalization and the ensuing formulas differ from province to province reflecting their geographies, municipal remoteness, and the economic viability of certain areas of provinces. As can be seen from the following, equalization grants in Canada serve the purpose of bringing areas of a province to a comparable level of services at a comparable tax rate but different approaches are taken to reach this end. Briefly, equalization grants in the six provinces are as follows: Quebec, New Brunswick, and Nova Scotia equalization grants are based on a recognition of fiscal need and fiscal capacity, while Newfoundland and Labrador base its grant on population and a remoteness index. Prince Edward Island's equalization grant is based on non -farm property assessment British Columbia and Ontario provide equalization grants to small communities, northern and rural municipalities targeting those with challenging fiscal circumstances. Provincial -Municipal Revenue Sharing There has been some movement towards provincial -municipal revenue sharing in Canada, but it is not the norm. Municipalities, especially the largest cities, have long called for access to more tax revenue to supplement revenues from property tax and user fees. IiW 12 Sharing tax room, tax room transfer, or imposition of municipal sales tax or income tax are all examples of diversifying the tax revenue mix in municipalities. As provinces ask local governments to assume more responsibilities for various social and economic programs traditionally provided by provincial governments, local governments will require revenue over and above the revenue derived from their traditional sources. Changing Economy and Society New Brunswick's society and economy are in transition. Covid-19 changed the way we live, work, and spend our money. As examples, many workers who worked in traditional spaces such as office buildings made the transition to home offices and may never return to those spaces. E-Commerce has changed the way we shop thereby requiring stores and malls to adapt, repurpose or close their doors. The population of New Brunswick has grown rapidly in the past five years. Latest Stats Can statistics report a population of more than 800,000 with an increase of 15,000 new residents in 2021-22 alone. This bodes well for the economy and for the growth of our municipalities. Demand for housing and new business opportunities will increase our overall wealth. With a growing population and changing economy come many opportunities to grow a prosperous province. However, with growth comes societal challenges that municipalities in New Brunswick and across Canada are experiencing such as homelessness, mental health issues and poverty. The White Paper acknowledges the important role municipalities play in service delivery and the importance of regional cooperation in realizing the vision of vibrant and sustainable communities. Municipalities are best placed to deliver services as they have the capacity to understand those factors that are unique to their own community. Building on the success of the Regional Service Commissions, the mandates of the Commissions will be expanded to include economic development, community development, regional tourism 1111P491 13 promotion, regional transportation, and cost -sharing on recreational infrastructure. This enlarged mandate that moves from a strict provision of services to property to one that includes services to people comes with a price. Property tax and user fees alone will not provide adequate revenue for the new reality. As provinces ask local government to assume more responsibilities for various social and economic programs and services traditionally provided by provincial governments, local governments will require revenue over and above the revenue derived from their traditional sources. The Panel examined examples of provincial -municipal revenue sharing programs in Canada and potential sources of New Brunswick provincial revenue that could be shared with municipalities for the purposes of equalization, replacement of core funding, and for the expanded mandates of the Regional Service Commissions. Provincial -Municipal Revenue Sharing Three provinces, namely British Columbia, Saskatchewan and Quebec have some form of revenue sharing: British Columbia transfers 100% of net revenues from traffic fines to municipalities as well as 10% of the net casino gambling revenues from community casinos and community gambling centers in their jurisdiction. This revenue transfer is unconditional. Saskatchewan has a long-term revenue sharing program with its municipalities linked to the performance of the province's economy. It shares 0.75 of one full point of Provincial Sales Tax distributed on a per capita basis to cities, towns, villages, and resort villages and rural municipalities receive their share through an unconditional grant formula. Quebec shares natural resource royalty revenue with municipalities that have mining or oil and gas production. Since 2021, all Quebec municipalities receive a share of the growth of one percentage point of the Quebec Sales Tax. In these three provinces then, revenue sharing with municipalities comes primarily from fines and gaming revenues in one province, to a share of provincial sales tax in the others. WZ111 14 The Panel examined the following potential revenue streams in New Brunswick that are available to the Province that could be shared with municipalities, including to support the new mandates of the Regional Service Commissions: -Cannabis tax -Enhanced GST/HST rebate for local governments -Property tax exemption for local government -owned property -Property Tax Room Transfer -Provincial Sales Tax Panel Recommendations This report set out to provide a context for the Panel's recommendations on provincial - municipal fiscal arrangements. An understanding of the evolution of these arrangements in New Brunswick and learning from the methodologies of fiscal arrangements of other jurisdictions in Canada helped guide its work. Of particular importance were respecting the Principles of Public Finance and the White Paper's guiding principles and criteria used in its strategic restructuring. These informed the Panel's thinking and subsequent recommendations. Equalization The focus of the new equalization program is on capacity such that municipalities with less resources are brought to the provincial average. The formula does not identify or dictate which services should be offered by municipalities but rather it is left to locally elected officials to make those decisions. The goal of the formula is to ensure municipalities have the financial resources to allow them to offer comparable services at a comparable level of taxation. 1. Methodology All municipalities have their own unique characteristics. Equalization, however, necessitates the identification of reasonably similar types of communities to allow for fair comparisons `ml 15 regarding relative financial need. Groupings of communities based on population are most likely to have similar service and similar capacity to pay for these services. The Finn Report proposed three groupings: less than 10,000, 10,000 to 40,000 and more than 40,000. The present equalization program has eight categories plus another for LSDs for a total of nine categories. The Panel recognizes that there are differences in New Brunswick's municipalities that require the creation of groupings. We also recognize that regional hubs have special characteristics including those hubs whose population does not exceed 40,000. As such, we have created a group of cities with a population of less than 40,000. Finally, we have created a separate group for rural districts. The Panel proposes five groupings as follows: 1- Cities with a population of more than 40,000 2 - Cities with a population of less than 40,000 3 - Municipalities with a population of more than 10,000 4 - Municipalities with a population of less than 10,000 5 - Rural districts 2. Formula The following principles from the White Paper informed the formulation of a new equalization program: 1 - upholding the principles of Equal Opportunity such that all New Brunswickers enjoy comparable minimum standards of services and opportunities at comparable tax rates, regardless of the financial and economic opportunities of their local. 2 - increasing the capacity of communities through larger tax bases such that residents enjoy a higher and more sustainable level of service. The formula proposed by the Panel compares the municipality's tax base per capita with the tax base per capita average for the group. The steps are as followed: 1. Compare average tax base per capita vs average tax base per capita of the municipality's group IiiPU 16 Measure the dollar value of the gap to measure the equalization that the municipality should receive: Gap X population X average tax rate of the group / 100 If the municipality's own tax rate is below the group average, the municipality's tax rate should be used in the above calculation. This is to represent fairness. Equalization's goal is to increase the capacity of the less wealthy municipalities. To receive equalization based on the group average, the municipality should minimally tax its own taxpayers at the group's average. If its own tax rate is below this average, equalization should be based on the rate it taxes its own citizens. To calculate the tax base, we recognize that municipalities will be able to tax non- residential properties at a ratio between 1.4 and 1.7 of the residential rate. The formula must include this additional flexibility offered to municipalities. We also assume that tax rates in former LSDs will increase to cover their share of the administrative cost of the new municipalities. Starting year 2, the calculation of equalizations grants needs to be revised annually to consider the variation in the tax base per capita, as well as tax rate variations. 3. A Transition Period The proposed equalization program presents important changes to many municipalities. Some will benefit, while others, because of the elimination of the core funding, but also the impact of the mergers associated with the reform, will receive less in transfers. To guarantee a smooth transition, but also to give managers the time to take appropriate actions, the Panel proposes a five-year transition period, as follows: Year 1: 20% new program, 80% old program Year 2: 40% new program, 60% old program Year 3: 60% new program, 40% old program Year 4: 80% new program, 20% old program Year 5: 100% new program, 0% old program Note that the White Paper announced that a second phase of finance reform would be developed in 2024. To quote the White Paper "the intent is to bring forward further changes related to finances before January 1, 2025". In the transition period that we propose, assuming an implementation in 2023, the phase out of the transition period would correspond to the implementation of the changes from phase 2 of finance reform. `PAN 17 4. Elimination of Core Funding The Panel recommends that the core funding grant be eliminated from the equalization program. The equalization program should be limited to increasing the capacity of municipalities whose asset base per capita is below the average of their group. The broader questions of municipal financing will be addressed in phase 2 of finance reform, in 2024. Considering that the proposed change will have an important impact on some municipalities, we have proposed a five-year transition period. Furthermore, a temporary partial compensation to municipalities losing as a result from these changes is presented in the section titled "Roads". 5. Regional Service Commission Additional services offered by the Regional Service Commissions are often services which in the past were offered by the provincial government. The Panel recommends that these additional services be funded 50/50 by the provincial government and the municipalities. The province's share should be linked to the tax base, increasing as the value of the tax base increases, distributed on a per capita basis, which will be through a property tax room transfer from the Province. 6. Roads With the reform, the provincial government will maintain responsibility for roads in old LSDs. This is a form of subsidy that will be unevenly distributed: some municipalities will be benefiting more than others. Consequently, to recognize this fact, the Panel proposes that in the calculation of the equalization to be paid to municipalities, the value of the province's contribution for roads in old LSDs should de deducted from the equalization amount that the municipality would receive. In other words, the fiscal capacity measure (average tax base per capita) should be modified to consider the fact that the province will be paying for roads outside the municipal budget in the old LSD. The amounts deducted from the equalization payments should then be redistributed prorated, for the transition period, to all municipalities losing money with the new equalization program compared to the previous one. For example, if the total amount of the reduction in equalization a result of the provincial road financing for LSDs is 16 million dollars and if the total reduction of transfers to municipalities receiving less money is 28 IiN81:3 IN million dollars, each municipality experiencing a reduction in total grants would receive a temporary compensation of 57,1 % (16/28) of the reduction. This would only be temporary, before the second phase of fiscal reform announced in the Department's White Paper takes effect. 7. Initial Budget The Panel recommends that the Equalization Program should have the funds required to bring those municipalities eligible for equalization to the group's average capacity. To estimate the amount required, we must add all individual equalization amounts for which municipalities qualify based on the formula. This calculation will generate the initial budget for the equalization budget. 8. Future Budget Adjustments After the initial year, the fiscal and financial reality will change. The equalization budget should be modified to consider these changes. One option would be to increase the budget based on inflation, measured using the consumer price index (CPI). The Panel does not favor this approach as this is linked to expenditures while the principle we propose in the equalization formula is one of capacity. Therefore, the Panel recommends that the program's budget be increased annually proportionally to the average increase in the province's tax base. 9. Three -Year Averages Municipalities will benefit from certainty and stability in the program. This will improve municipalities' capacity to do more long-term planning. Consequently, the Panel recommends that in the future, three-year averages (the given year and the two previous years) be used to calculate equalization. Considering that the Panel is proposing a transition period for the program, the implementation of this three-year average component would be rolled out during the first three years of the new program. The first year, the data for this given year would be used. For the second year, it would be the average of the first year and the second year. The third year, and every year thereafter, the data for the given year and the two previous years would be used. The weight of all years would be equal (1 /3 per year when using three years). `N4%7 19 10. Evaluation of Equalization Program In five years, after the completion of phase 2 of finance reform, we recommend that the equalization program should be the subject of a new analysis. The impact of municipal reform will be clearer. At this time, it is still too early to know how the new municipalities will ultimately operate (for example, what new services will be offered in old LSDs). Phase 2 of finance reform will possibly require revisiting the equalization program. Finally, any weaknesses of the proposed program could be analyzed, with the benefit of experience, and improvement proposed. 11. Recommendation - Revenue Sharing The Panel examined expected tax revenues from various sources to assess the appropriateness as mechanisms to diversify the revenue base for local governments. The Panel recommends that these varied potential revenue sources be further explored in Phase 2 - Finances. 12. Property Assessment Process The proposed equalization program is highly dependent on the assessment process to estimate property values. To not only increase the confidence in the assessment process, but also guarantee that the program's objectives are truly met, the Panel recommends an analysis of the province's property assessment process. One of the objectives of this assessment would be to identify any regional differences in assessment, where the difference between the assessed value and the market value would be different across the province. If this is the case, recommendations would be proposed to improve the situation. ADDITIONAL ELEMENTS Police Services In the past, a component for police services was included in equalization. One reason for this was that the financing from LSDs was capped. This is no longer the case. Furthermore, the proposed equalization formula is based on capacity, allowing local leaders to make decisions with respect to what services are going to be offered, but also how they are going to be offered. The Panel considers that the equalization program should not be modified to consider those choices. It should only allow local leaders to be able to make decisions. `[till C Potential Claw back Is there a maximum level of equalization that a municipality should receive? If we are to set a maximum level, what should that level be? These are difficult questions to answer. In the last provincial budget (2022-2023 Budget Speech), we can see that the government of New Brunswick receives 21.9% of its revenue from the federal equalization program. This could be a threshold. The threshold could also be higher, 25% for example. If a claw back is applied, should it be a hard number or a gradual reduction? One possibility would be to start a claw back at 25% of revenues from equalization. Over that amount, the municipality could only keep the additional equalization if its tax rate is above its group average - which is a concrete demonstration of need - and that this additional equalization would be in proportion to the relative difference between the municipality's tax rate and the average tax rate of the group. 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N � ON N m +_+ 0 NN 0 4- 0 E 0 Nam}' U� CD Ln +-+ +.+ .0 O0 •�Q 0 I m � � •U }'O 00 0 �i� �~00 '�•� �z M� U m �E 0 ,NNE a�oN-0 0 U N 'C6 N 'C6 N +-+ �� W •— i U ate--+ N ^ N N� LL�,c�0 a) 0 Q Q •V •V i ; 0 aA4 , Q> Q� >N U 0-0 N Q +-'�_0 N Xm W� X� W 00N �Ni.r- �i a- m �E �.— ��Q D�m O r4 N m 4 u� l6 O O v I i L U Lbio buo O CL � O � U � � Ov bn U ate-+ N C _ ' U m U- C: a_ c O O U U c: X ca > O w E N , + '> N O O E 4- U O a_ -P rl N N O rq I Fran: Common Clerk To: common Clerk Subject: RE: Webform submission from: Request to present to council form Date: January 16, 2023 10,49.38 AM From: City of Saint John, New Brunswick <webform-noreply@saintjohn.ca> Sent: January 13, 2023 9:27 AM To: Common Clerk ccommonclerk@saintjohn.ca> Subject: Webform submission from: Request to present to council form [ External Email Alert] * *Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to snamsam llee(a�yohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Fri, 01/13/2023 - 09:27 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Mike Last Name: Cheney Address: Canada Day Time Phone Number: Email `[:�l If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Yes About your Request Topic of Presentation: Universal Basic Income Purpose for Presentation (what is the ask of Council): Provide a brief history of accurate economic forecasting Define inflation and it's relationship to the CPI Provide an basic explanation of central economic planning Make a coherent defence of rational economic policy Background Information: Canadian Forces Veteran As an uneducated labourer, I would also appreciate the opportunity to explain my economic forecasts from nearly a decade ago to establish some credibility. I understand that I am standing against academically accredited "economists", so in order for me to be taken seriously, I feel that I have to demonstrate a history of accurately waving the red flag, in order for my next forecasts to be taken seriously. It is extremely important to me to have someone on the record to not only oppose the measure, but to predict what will inevitably become of the UBI program, if implemented. iIW Saint John Comite des Board of Police commissaires de Commissioners police de Saint John January 11, 2023 Mayor Donna Reardon and Members of Common Council City of Saint John P. O. Box 1971 Saint John, N.B. E2L 4L1 Your Worship and Councillors: SAltit-.;.►�UHN. SUBJECT: Saint John Board of Police Commissioners Election of Officers — 2023 1 Peel Plaza, E2L OE1 P.O. Box 1971 Saint John, NB E2L 4L1 Tel: (506) 648-3324 Fax: (506) 648-3304 1 Peel Plaza, E2L OE Case postale 1971 Saint John, N.-B. E2L 4Ll TO: (506) 648-3324 T616e: (506) 648-3304 An election of officers was held at the January 10, 2023, meeting of the Saint John Board of Police Commissioners. The following members were elected to serve as the Executive for 2023, pursuant to Sections 11.1, 11.2 and 11.5 of the By -Law Respecting the Procedures of the board. Chair: Tamara Kelly Vice Chair: Katelin Dean Secretary: Maike White Respectfully submitted, Tamara Kelly, Chair Saint John Board of Police Commissioners TK:dw cc: Chief Robert Bruce Saint John Police Association New Brunswick Police Commission i+ a �. t• -r z �, • (3) O O O � N r 4-3 � cis U) cn ° cu cf)•r o P cz 49 O �' �' N N O +-) -P O ° O - p v b� N U O N O •'-' N p N N Q ° U O O O co co cis a) ,� ° o ° �. X °� p a� 0 C 2 0 � 0 0 0 o �tm cam, � o • ,-I 9P4 NP °U (D O N05 •� O N O>4 f� 4 , N N ; . ) & 0 >—' ;-4 rsl C,5 P. X :. ImIllm-'. l _ cr= O cis +; U) U C�l O O •cis x O cn `H O � N +, [cis. 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Rehabitat Inc. Boar's Head Road Development - Option Extension EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In January of 2022 the City granted an Option to purchase to Rehabitat Inc. ("Rehabitat") for a parcel of City owned land located off Boar's Head Road so that they might make application under a CMHC program to secure project funding for an affordable housing development. The original term of the Option is set to expire in January. Rehabitat has requested a two -month extension to the term. The purpose of this report is to seek Council approval to extend the term of the original Option Agreement. COUNCIL RESOLUTION That the City enter into the Amended and Restated Option Agreement in the form as presented to Committee of the Whole at its meeting held January 23, 2023, with Rehabitat Inc. to extend the term of the original Option Agreement to March 31, 2023, and that the Mayor and Clerk be authorized to execute the Amended and Restated Option Agreement and any other documents ancillary thereto, or necessary to complete the transaction. `9J191 [I 71 JDrI. r M&C No. 2023-18 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area General Counsel SUBJECT: Development Proposal from John Howard Society on Troop Street EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The John Howard Society of New Brunswick Fundy Region Inc. ("John Howard Society") in partnership with the Coverdale Centre for Women has approached City staff and requested support in locating lands for an affordable housing development. This project aligns with the City's Affordable Housing Action Plan. The John Howard Society has assembled a team that has enjoyed previous success in this development domain, most recently with Rose House, and are anxious to undertake another project. At its meeting held January 17, 2023, Growth Committee endorsed the recommendation outlined herein. The purpose of this report is to seek Council's approval to grant an Option Agreement to the John Howard Society over city lands located at Troop Street for the purpose of an affordable housing development. COUNCIL RESOLUTION That the City grant an Option Agreement, in the form as generally presented to Committee of the Whole at its meeting held January 23, 2023, to the John Howard Society of New Brunswick Fundy Region Inc. over City -owned lands on Troop Street, identified as PIDs 55055230 and 00424238, and that the Mayor and Clerk be authorized to execute the Option Agreement and any other documents ancillary thereto, or necessary to effect the transaction. `014.1 M&C No. 2023-013 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area Finance and Administrative Services SUBJECT: Information Technology Purchase EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL The Information Technology service area wishes to purchase a tool to help manage systems. The cost is $4,475 USD annually plus HST. COUNCIL RESOLUTION RESOLVED that the City enter into a Software License Agreement with Zoho Corporation in the form as generally presented to Committee of the Whole at its meeting held January 23, 2023; and that the Mayor and City Clerk be authorized to execute the said Software License Agreement and any documents ancillary thereto. li IMA CAW M&C No. 2023-22 Report Date January 18, 2023 Meeting Date January 23, 2023 Service Area Growth and Community Development Services SUBJECT: Rapid Housing Initiative — Due Diligence EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL On December 6t" Common Council directed staff to prepare an application for Canada Mortgage and Housing Corporation's (CMHC) Rapid Housing Initiative (RHI) Projects Stream in partnership with the City's non-profit development community. As part of the National Housing Strategy, the RHI projects stream has $113 in available funding for the development of affordable housing across Canada and represents a significant opportunity for the creation of many new affordable housing units in Saint John if an application is successful. The City is collaborating closely with Saint John's non-profit development community to review and evaluate a number of potential high -quality shovel ready affordable housing projects that could be realized if the financial support from CMHC is secured. The City will be contracting the services of independent financial and legal experts on a short-term basis to assist the City in the due diligence required to rigorously evaluate projects and prepare and submit a robust application to CMHC. COUNCIL RESOLUTION Resolved that Council allocate up to an additional $40,000 from the Growth Reserve to support the City's application for affordable housing to the CMHC Rapid Housing Initiative.