2012-09-24_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, September 24, 2012
Location: Common Council Chamber
Supplemental to Agenda
s 5.14 Dr. M. Simon Letter — Public- Private Partnership with Gorman Arena and/or Lord
Beaverbrook Arena (Recommendation: Refer to City Manager)
s 11.4 Safe, Clean Drinking Water Funding (Mayor Norton)
s 11.5 Lighthouse Exchange (Councillor McAlary)
s 12.10(a) City Manager: Third Reading of Saint John Dog Control By -Law and Service
Agreement with SPCA Animal Rescue
S 12.10(b) Presentation by Amy Poffenroth — Saint John Dog Control By -Law
s 12.11 City Manager: Establishment Change Request — Facility Management
Department
s 13.1 Committee of the Whole: Viking Fire Protection
s 13.2 Committee of the Whole: Resignation of Building Inspector
s 13.3 Committee of the Whole: Appointment of Building Inspector
s 13.4 Committee of the Whole: Harbourfront Residences at Three Sisters
The City of Saint John
Seance du conseil communal
Le lundi 24 septembre 2012
Lieu : Salle du conseil communal
Ordre du jour supplementaire
s 5.14 Lettre de M. Simon concernant 1'etablissement d'un partenariat public -prive entre
1'arena Charles Gorman et 1'arena Lord Beaverbrook (recommandation
transmettre au directeur general)
s 11.4 Financement du Programme sur la salubrite et proprete de 1'eau potable (maire
Norton)
s 11.5 Phare echange (conseiller McAlary)
s 12.1 Oa) Directeur general : troisieme lecture de 1'arrete concernant le controle des
chiens dans The City of Saint John et de la convention de services signee avec
la SPCA
s 12.1 Ob) Presentation par Amy Poffenroth - 1'arrete concernant le controle des
chiens dans The City of Saint John
s 12.11 Directeur general : demande relative aux modifications apportees a 1'effectif —
Gestion des installations
s 13.1 Comite plenier: Protection Viking Fire
s 13.2 Comite plenier: demission de Finspecteur des batiments
s 13.3 Comite plenier: nomination de Finspecteur des batiments
s 13.4 Comite plenier: residences Harbourfront a trios soeurs
Mayor Mel Norton and Members of Common Council
City of Saint John
P.O. Box 1971
Saint John, N.B.
E2L 41_1
Re: Arena Proposal
Dear Mayor Norton and Members of Common Council;
I would like to submit a request to Council concerning a public - private partnership involving the Gorman
Arena and /or the Lord Beaverbrook Arena.
We are all aware of the impact regular exercise has on a child's growth and development. The rising
incidence of obesity and diabetes are just two of the medical effects that stem from lack of exercise and
poor diet. Because of this, it is extremely important that we maximize the number of options for
children to participate in recreational activities. Having been involved in youth sports for over 20 years,
it is apparent to me that for many sports these options are limited. Thus, I would like to explore the
plausibility of increasing the available ice time to our youth by improving or twinning one or more of the
ice surfaces in the city.
In order to know if this is a viable option, there are several questions that need to be answered. With
your permission, I would direct these questions to the appropriate members of the city staff. Hopefully
the answers will provide the detailed information and figures that is required to put a viable proposal on
the table.
Using this data, and by involving other groups such as speed skaters, figure skaters and other sports, it is
hoped that a cost- effective proposal could be produced that will benefit both the city and its youth.
The list of questions has been included below. I hope you will address this request expeditiously and
look forward to your reply. Thank you for your attention to this matter.
Yours sincerely
J,�" _ ;
Dr. Michael Simon
Regarding the Gorman Arena:
Will the existing Chiller system handle another larger ice surface?
Will the sprinkler system handle a larger addition?
And if so how many sq ft will it handle?
How much land is owned beside the rink by the city?
How much land is owned beside the rink by others?
What size are they and do you have pid #s and plot plans?
What are they valued at for tax purposes?
Has the property behind the rink been tested by engineers for soil strength geo testing composition?
Zoning of the land currently.
Drawings and plans of the existing rink.
Any information that may have been researched by staff on this arena?
Budget items
What does it cost to operate this rink per year?
A detailed break down of all yearly costs that make that up.
Total hours of operation.
What revenue is there $
Where does it come from (list of groups and charges ?)
What is the shortfall in deficit?
How is the property held by the accounting system at city hall is it an asset that is depreciated yearly or
is it like a nonprofit and all costs are expensed in the current year?
Does the city pay property taxes on the rink to the province?
If so how much?
What has been spent on the rink in the last 5 years?
Can we get the last 5 years financial cost and revenue?
Regarding the LBR:
The same info as above that applies to this location would be good to review as well.
Can we get access to the plans the city had done for a proposed renovation of the building drawn up by
Murdoch and Boyd Architects?
I have been told (rumor) that the city staff has budgeted 4 million in repairs spread over the next 5
years. If so what are they planning to spend this on and when?
5
r
ne ary or salaJ&n
September 20, 2012
Deputy Mayor Rinehart and
Members of Common Council
Deputy and Councillors:
Subject: Safe, Clean Drinking Water Funding
In April 2011, the City of Saint John submitted an application to PPP Canada for funding for the proposed Safe
Clean Drinking Water Program. The application was for the initial components of the program carrying an
estimated cost of $172,000,000.
The application has been submitted and is under active consideration by PPP Canada.
In light of the ongoing application process and the significant financial commitment required from the City I
recommend that the City be proactive and determine where our share of the funding will come from.
Motion: That Council direct the City Manager to explore and report on potential sources for the City's share
of the funding for the clean water project.
Respectfully Submitted,
Mel Norton,
Mayor
City of Saint John
r.&�aal-
SAINT JOHN
P.Q. Box 1971 Saint john, NB Canada f2L 41-111 wwwsairtjohn.ca C.P. 1971 Saint john, N.-B. Canada E2L 4L1
S
RESOLVED that the Committee of the Whole recommends that the
lighthouse be returned to the Town of Digby with the following conditions:
- That The Town of Digby will incur all costs of lighthouse transportation;
- Digby and the City of Saint John cost share the design and installation of a plaque
commemorating the "journey, history and cooperation" of two Bay of Fundy communities;
- The Saint John Development Corporation work with the Town of Digby to coordinate the
removal; and
- An appropriate repatriation celebration be arranged
R-� ORT TO COMMON COUNCIL
OPEN SESSION
M &C2012 -248
September 18, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
City of saint john
SUBJECT
Third Reading of Saint John Dog Control By -law and Service Agreement with
SPCA Animal Rescue
BACKGROUND
Common Council, at its meeting of May 7, 2012, passed first and second reading
of the Saint John Dog Control By -law. At the June 18, 2012 meeting of Common
Council, the following resolution was passed:
RESOLVED that the third reading for the proposed dog control by -law be
tabled for a six week period; and further that the City Manager be directed
to devise a business model, or examine innovative solutions, to address the
issue of animal control in the City of Saint John.
Since that time, Staff has explored various options for the delivery of animal
control service. A number of options were presented to Committee of the Whole
on July 3, 2012. Throughout the summer months, Staff has continued to negotiate
a service agreement with the SPCA Animal Rescue.
ANALYSIS
Saint John Dog Control By -law
The Saint John Dog Control By -law is attached for Council's consideration for
third reading. An amendment to the By -law (the addition of section nine)
addresses Council's concerns about diseased and/or injured cats.
While the By -law removes most provisions concerning cat control and cat
licensing, Staff understands that Council still wants a very limited service to be
provided for cats that are severely diseased and/or injured. Section nine provides
that a Dog Control Officer may seize and euthanize a cat if:
• it is diseased and/or injured to such an extent that the only appropriate and
humane response is to euthanize such cat, and
• it has no identifiable owner.
M &C2012 — 248 - 2 - September 18, 2012
Dog Control Officers will also be authorized to enter upon a property for the
purpose of seizing such cats.
Section nine addresses a potential safety hazard and humanely addresses
situations that citizens find to be especially distressing. It will eliminate cat
owners or caregivers from relying on the City to provide medical treatment or
euthanasia for their cats instead of taking the responsibility upon themselves. It
also clarifies the level of service that the City is asking a service provider to
perform on its behalf, so that the City does not find itself providing basic medical
treatment to stray cats, an expensive proposition for the City and service provider.
There have been no other amendments made to the Saint John Dog Control By-
law since first and second reading.
Dog Control Service Agreement
Throughout the summer months, Staff has been meeting with the President and
Secretary of the Board of the SPCA Animal Rescue ( "SPCAAR") to continue
contract negotiations for the provision of dog control services. The discussions
with the SPCAAR have been extremely positive and the group was able to come
to an agreement concerning a service contract.
The SPCAAR has agreed to provide the City with a Dog Control By -law Service
Agreement for a term of five (5) years. The agreement that has been signed by
the President, Melody McEhnan, and Secretary, Tricia Osborne - Parker, is
attached to this report.
The Agreement is a win -win for both parties and the public in general. It provides
a stable dog control service for citizens for a period of five years. Full dog
control services will be provided with extended hours, including weekday
evenings and weekend hours. There will be a series of public awareness sessions
over the five year term to promote the benefits of dog licensing and responsible
pet ownership.
Internal processes will be improved with use of a web -based database to track and
record licenses, complaints and enforcement activities. The database will also
identify if performance targets are being achieved; this is the first animal/dog
control Agreement where performance metrics have been clearly identified and
will be measured to ensure that expectations are being met.
Improving the licensing program will be a focus for both the SPCAAR and the
City to increase the number of dog licenses sold in the City. The ultimate long-
term goal is that all dogs that reside in the City of Saint John will be licensed.
This will provide all the benefits that come with dog licensing, and will help to
advance the dog control service towards a cost recovery program.
Highlights of the Service Agreement are detailed below.
M&C2012 — 248 - 3 - September 18, 2012
The SPCAAR will provide the following service to the City:
• Respond to complaints concerning the full spectrum of dog control
provisions, including running at large, bites or attempted bites, barking,
"poop and scoop ", licensing, and diseased /injured;
• Respond to complaints of stray cats that are diseased and/or injured to
such an extent that the only appropriate and humane response is to
euthanize such cats;
• Provide the service during regular hours of 8:00 am to 8:00 pm Monday
to Friday and 9:00 am to 5:00 pm Saturday and Sunday;
• Provide after -hours emergency service when called by the Saint John
Police Force outside of regular hours;
• Administer the dog licensing program;
• Prepare and submit a written plan for increasing dog licensing within 3
months and implement the plan within 6 months thereafter;
• Prepare and deliver public awareness sessions to educate citizens about
the benefits of dog licensing and to promote responsible and
accountable pet ownership (2 sessions in Year 1 and 3 sessions every
year thereafter);
• Enter and track all dog control complaints, case information, and
licensing in a web -based database and tracking tool that is provided by
the City;
• Provide the service to a level that meets agreed -upon performance
metrics that are attached to the Agreement.
Under the terms of the Agreement, the City agrees to:
• Pay to the SPCAAR $80,000 for the first three (3) years of the contract,
$82,000 for the fourth (4th) year and $84,050 for the fifth (5th ) year;
• Allow the SPCAAR to retain the fees paid to it from licensing and
impound fees;
• Provide to the SPCAAR a grant in the amount of $18,080 to assist with
the costs of demolishing all buildings at the previous Shelter site at 134
Taylor Avenue (apartment, shelter building and attachments). The
buildings are to be demolished within 90 days of execution of the
Agreement. The grant is to be issued only after the buildings are
demolished and the site is cleared to the satisfaction of the Commissioner
of Growth and Development or his or her designate;
• Develop a web -based database to be used by the SPCAAR and the City so
that all dog control information is recorded and tracked;
• Provide the SPCAAR with license tags and forms;
• Provide a training session to the staff of the SPCAAR concerning the By-
law, the terms of the Agreement, the web -based database and the
performance metrics and expectations;
• Conduct a Review meeting after the first 6 months of the Term, and every
year thereafter for the purposes of reviewing performance and providing
communication to help ensure the successful and full performance of the
Agreement.
M &C2012 — 248 -4- September 18, 2012
Recognizing that the SPCAAR has recently experienced financial difficulties,
section five allows for immediate termination of the Agreement if the Contractor
is unable to perform its duties and responsibilities due to financial challenges,
such as bankruptcy or cessation of its operations.
The Agreement is attached for Council's review and consideration.
INPUT FROM OTHER SOURCES
The City Solicitor's Office has prepared the attached Saint John Dog Control By-
law and Agreement. The Materials Management division of Administrative
Services was consulted throughout the process to ensure all applicable
procurement policies were met.
RECOMMENDATION
Your City Manager recommends that:
(1) Common Council give third reading to the attached Saint John Dog Control
By -law at its meeting of September 24, 2012; and
(2) Common Council authorize the Mayor and Common Clerk to execute the
attached Agreement between the City of Saint John and Saint John Shelter
Ltd.
Respectfully Submitted,
Amy Poffenro , P. Eng., MBA
Deputy Commissioner
Growth and Development
Ken Forrest, MCIP, RPP
Commissioner
Growth and Development
ck Woods, CGA
City Manager
THE CITY OF SAINT JOHN
NEW BRUNSWICK
A By -law respecting the
Control of Dogs in the City
of Saint John
By -law Number M -13
An uncertified copy of this by -law
is available online
Arrete concernant le
controle des chiens dans
The City of Saint John
Arrete numero M -13
Une copie non certifiee de I'arrete
est disponible en ligne
TABLE OF CONTEN'T'S TABLE DES MATIPRES
Section
Description
Page
Article
D6signation
Page
Recitals
2
Prdambule
2
1
Title
3
1
Titre
3
2
Definitions
3
2
Definitions
3
3
Interpretation
5
3
Interpretation
5
4
Licensing
6
4
Ddlivrance de permis
6
5
Seizure, Impounding and
8
5
Saisie, mice en fourriere,
8
Destruction
abattage
6
Dog Bites
9
6
Morsures de chien
9
7
Noise
10
7
Bruit
10
8
Cleaning up After Dogs
10
8
Nettoyage des excrdments
10
9
Diseased and/or Injured
10
9
Chats malades et/ou
10
Cats
bless6s
10
10
Enforcement
Application
11
Offences
10
11
Infractions
10
12
Severability
11
12
Dissociabilite
11
13
Repeal
11
13
Abrogation
11
RECITALS PREAMBULE
Attendu que :
WHEREAS Common Council considers it le conseil communal considere qu'il est n6cessaire de
necessary to regulate the licensing and control r6glementer la d6livrance de permis et le contr6le des
of dogs within The City of Saint John; chiens daps The City of Saint John;
AND WHEREAS section 96 of the Particle 96 de la Loi sur les municipalites stipule qu'une
K.
Municipalities Act states that a municipality municipalitd peut prendre des arretds concernant, entre
may make by -laws respecting, inter alia, the autres, la ddlivrance de permis et le contr6le des
licensing and control of animals within a animaux dans une municipalit6;
municipality;
AND WHEREAS paragraphs 100(1)(a) les alindas 100(1) a) a c) de la Loi sur les municipalites
through (c) of the Municipalities Act states stipulent qu'une personne qui contrevient a une
that a person who violates any provision of a disposition quelconque d'un arretd commet une
by -law commits an offence and is liable on infraction et est passible sur declaration de culpabilitd
conviction to a fine; d'une amende;
AND WHEREAS notice of this by -law was un avis du present arretd a dtd donne conformdment a
provided in accordance with section 12 of the Particle 12 de la Loi sur les municipalites.
Municipalities Act.
NOW THEREFORE the Common Council of
The City of Saint John enacts as follows:
TITLE
1 This By -law may be cited as the "Saint
John Dog Control By -law" (hereinafter the `By-
law").
DEFINITIONS
In this By -law
"Dog Control Officer" means the by -law
enforcement officer and police officers,
and a contractor; (agent de contrdle des
chiens)
"dog license" means a license issued
hereunder for a dog; (permis de chien)
"dog tag" means a plate on which is
stamped a Iicense number; (medaille
d'identification)
"By -law Enforcement Officer" means the
City employee designated by Common
Council to make complaints and
commence proceedings in the Provincial
Court of New Brunswick with respect to
breaches of this By -law; (agent
d'application des arretes)
A CES CAUSES, le conseil communal de The City
of Saint John ddicte :
TITRE
I Le present arretd peut etre cite sous le
titre : Arrete de Saint John concernant le contr6le
de chien (ci -apres al'arrete ))).
DEFINITIONS
2 Les definitions qui suivent s'appliquent au
present arretd.
<< agent d'application des arretds » Employd
municipal que design le conseil communal
pour deposer des plaintes et engager des
poursuites devant la Cour provinciale du
Nouveau - Brunswick relativement aux
contraventions au present arrete. (By -law
Enforcement Officer)
agent de contr6le des chiens » Agent
d'application des arrdtds, les agents de
police et un entrepreneur. (Dog Control
Officer)
agent de police » Agent de police du
service de police de Saint John. (police
officer)
chat» Inclut les males et les femelles.
(cat)
►,1
"cat" includes male and female (chat)
"City" means The City of Saint John;
(municipalite)
"contractor" means a person (including his
or its employees) who or which is a party
to, a contract with the City with respect to
dog control services; (entrepreneur)
"day" means a 24 hour period; (jour)
"dog" includes male and female; (chien)
"leashed" means secured by a leash or
similar device of 1.2 meters maximum
length suitable to keep a dog under the
control of the owner; (en laisse)
"neighbourhood" means for the purposes
of this By -law not less than 2 people
living in the immediate area and
occupying separate dwellings; (voisinage)
"owner" means a person, partnership or
corporation who:
(a) is in possession of a dog; or
(b) harbours a dog; or
(c) permits a dog to habitually
remain on property owned by or
under the control of that person,
partnership, or corporation; or
(d) licenses a dog under this By-
law; and "owns" and "owned"
have the corresponding meaning;
(proprietaire)
"police officer" means a police officer in
the Saint John Police Force; (agent de
police)
"property" includes public property and
private property; (propriete)
"running at large of dogs" means an
unleashed dog:
achien errant » S'entend d'un chien qui
West pas temu en laisse et qui se trouve :
a) soit dans un lieu public qui nest
pas un parc municipal cloturd ou
les chiens peuvent se promener
sans laisse;
b) soit Sur une propridtd privde autre
que Celle de son propridtaire;
c) soit dans une foret ou une rdgion
boisde alors qu'il nest pas en
compagnie ou sous la surveillance de
son propridtaire. (running at large of
dogs)
o chien » Inclut les males et les femelles.
(dog)
en laisse » Tenu par une laisse ou un
dispositif similaire d'une longueur
maximale de 1,2 in qui convient pour
permettre au propridtaire de garder le
controle de son chien. (leashed)
entrepreneur » Une personne (y compris
ses employds) qui est partie a un contrat
conclu avec la municipalitd a Fdgard de
services de controle des chiens. (contractor)
((jour » Pdriode de 24 heures. (day)
municipalitd » The City of Saint John.
(City)
permis de chien » Permis ddlivrd a I'dgard
d'un chien en application du prdsent arretd.
(dog license)
mddaille d'identifcation » Plaque sur
laquelle un numdro de permis est
estampilld. (dog tag)
propridtaire » Personne, socidtd de
personnes ou corporation qui accomplit l'un
des actes suivants :
a) elle est en possession d'un chien;
b) elle 1'hdberge;
5
(a) in a public place other than a
fenced -in municipal off -leash
dog park;
(b) on private property other than
on that of the owner of the dog; or
(c) in a forest or wooded area
while not in the company and
control of the owner of the dog.
(chien errant)
c) elle tolere sa presence habituelle
sur une propriete dont elle est
propridtaire ou dont elle assure le
controle;
d) elle obtient un permis a son dgard
conformdment au present arrete; les
mots « appartenant » et « appartient »
ont un sens analogue. (owner)
proprietd » Propriete publique ou privee.
(property)
voisinage » Pour les fins du present
arrete, s'entend d'au moins deux personnes
occupant des habitations sdparees dans
1'entourage immddiat. (neighbourhood)
INTERPRETATION INTERPRETATION
3 Rules for interpretation of the language 3 Les regles d'interpretation suivantes
used in this By -law are contained in the s'appliquent au present arretd.
lettered paragraphs as follows:
(a) The captions, article and section
names and numbers appearing in
this By -law are for convenience of
reference only and have no effect
on its interpretation.
(b) This By -law is to be read with all
changes of gender or number
required by the context.
(c) Each reference to legislation in
this By -law is printed in Italic
font. Where the name of the
statute does not include a year, the
reference is to the Revised
Statutes of New Brunswick, 1973
edition. Where the name of the
statute does include a year, the
reference is to the Statute of New
Brunswick for that year. In every
case, the reference is intended to
include all applicable amendments
to the legislation, including
successor legislation. Where this
By -law references other by -laws
of the City, the term is intended to
a) Les titres, intertitres et numbros des
dispositions ne servent qu'A faciliter
la consultation de 1'arretd et ne
doivent pas servir a son
interpretation.
b) Le genre ou le nombre
grammaticaux doivent titre adaptds
au contexte.
C) Les renvois ldgislatifs paraissent en
italique. Its visent les Lois revisees
du Nouveau - Brunswick de 1973
sauf mention d'une annde
particuliere, auquel cas ils visent les
Lois du Nouveau - Brunswick de cette
annee -la. Dans tous les cas, le
renvoi A une loi vise dgalement les
modifications qui s'y appliquent, y
compris toute legislation de
remplacement. Les renvois a
d'autres arretds de la MUNICIPALIT$
visent dgalement les modifications
qui s'y appliquent, y compris tout
arretd de remplacement.
include all applicable
amendments to those by -laws,
including successor by -laws,
(d) The requirements of this By -law
are in addition to any requirements
contained in any other applicable
by -laws of the City or applicable
provincial or federal statutes or
regulations.
(e) If any section, subsection, part or
parts or provision of this By -law,
is for any reason declared
by a court or tribunal of competent
jurisdiction to be invalid, the
ruling shall not affect the validity
of the By -law as a whole,
nor any other part of it.
LICENSING
4(1) The licensing of dogs in the City shall be
supervised by the Dog Control Officer and
enforced by the By -law Enforcement Officer and
the City Police.
4(2) Every owner shall obtain from the Dog
Control Officer, a City- approved outlet, or City
Hall, a dog license for each dog owned by an
owner immediately upon becoming the owner
thereof.
A
d) Les obligations qu'il cr6e s'ajoutent
A celles decoulant d'autres arretes
applicables de ]a mumcipAuT$ ou
des lois et reglements applicables
des gouvernements federal ou
provinciaux.
C) Si une disposition quelconque est
declaree invalide par un tribunal
competent pour quelque motif que
ce soit, la decision n'entache en rien
la validite de Parretti dans son
ensemble ni de toute autre
disposition.
DELIVRANCE DE PERMIS
4(1) La delivrance de permis de chien dans la
municipalite se fait sous la surveillance de 1'agent
de controle des chiens, et 1'agent d'application des
arretes et la police municipale en assurent
P application.
4(2) D& lots qu'il en devient proprietaire, le
proprietaire d'un chien doit obtenir de 1'agent de
controle des chiens, d'un point de vente approuve
par la municipalite ou de 1'H6te1 de ville, un permis
de chien a 1'dgard de chaque chien dont it est
proprietaire.
4(3) The owner of any dog in the City, before 4(3) Avant qu'un permis de chien ne lui soit
being issued a dog license, shall: delivre, le propri6taire d'un chien dans la
municipalitd accomplit les actes suivants :
(a) provide the following information:
(i) the owner's name, place of
residence and phone number;
(ii) the name, age, breed, colour
and sex of the dog;
(iii) evidence that the dog has
been vaccinated for distemper;
a) i] fournit les renseignements et
documents suivants :
(i) son nom, son lieu de residence et son
numero de telephone;
(ii) ]e nom, Page, la race, la couleur et
le sexe du chien;
(iii) un document attestant que le chien
a ete vaccine contre la maladie de
(iv) evidence that the dog has
been vaccinated for rabies; and
(b) pay the following license fee:
(i) $25.00 for each dog which has
not been spayed or neutered;
(ii) $10.00 for each spayed or
neutered dog for which proof of
altering is presented;
4(4) A dog license and a dog tag shall be
provided to the owner upon the owner's complying
with the provisions of subsection (3) hereof.
4(5) (a) Licenses expire in the following
circumstances unless otherwise provided
herein:
(i) when there is a change in the
ownership of the dog;
(ii) at midnight of the 31 ' day of
December of each year;
(b) An application may be made after
November I" in any year for a license for
the following year and such a license shall
be valid from the date of its issuance.
4(6) The provisions of subsections (2) and (3)
of this section shall not apply to a dog whose
owner is a non - resident temporarily in the City, or
to a dog being in the City for the purpose of
participating in a dog show, or to a "seeing eye"
dog for the blind, or to a "hearing -aid" dog for the
deaf, or to any governmental Police dog.
4(7) The owner of a dog shall keep the dog tag
securely fixed to the dog at all times in such a
manner that it can be easily inspected by any
person responsible for the enforcement of this By-
law.
M
Carrd;
(iv) un document attestant que le chien
a dt6 vaccine contre la rage;
b) it verse Pun des droits de permis
suivants :
(i) 25 $ pour chaque chien qui n'a pas
6td chatrd;
(ii) 10 $ pour chaque chien qui a dtd
chAtrd, sur prdsentation d'une preuve de
la stdrilisation.
4(4) Un permis de chien et une mddaille
d'identification sont remis au propri6taire qui se
conforme aux dispositions du paragraphe (3) ci-
dessus.
4(5) a) Sauf disposition contraire du present
arretd, les permis expirent dans les cas
suivants :
(i) lorsque le chien change de
propri6taire;
(ii) it minuit le 31 decembre de chaque
annde.
b) Une demande de permis peut etre
presentee apres le 1" novembre de chaque
annde, pour 1'annde suivante, et le permis est
en vigueur A compter de la date de sa
ddlivrance.
4(6) Les paragraphes (2) et (3) ne s'appliquent
pas a un chien dont le propridtaire, qui nest pas un
resident de la municipalitd ne s'y trouve que
temporairement, ou A chien qui se trouve dans la
municipalit6 pour participer it une exposition des
chiens, au chien -guide pour aveugies ou
malentendants ou encore au chien de la police
gouvernementale.
4(7) Le propridtaire d'un chien garde attach6e a
son chien, en permanence, la mddaille
d'identification ddlivrde a son dgard de fagon que
toute personne chargde de 1'ex6cution du present
arretd puisse 1'inspecter facilement.
4(8) A dog tag which has been lost shall be 4(8) Le propridtaire d'un chien dont la mddaille
replaced upon application by the owner to the
contractor and upon the payment of a fee of $2.00.
4(9) All dogs shall be immunized against
rabies and distemper within b months of birth and
renewed as required by standard veterinary
practice.
1 :1
d'identification a dtd perdue peut la faire remplacer
en prdsentant une demande en ce sens
Pentrepreneur et en payant un droit de 2 $.
4(9) Tous les chiens doivent etre immunises
contre la rage et la maladie de Carrd dans Les
six moil suivant leur naissance et, par la suite, selon
les pratiques vdtdrinaires courantes.
4(10) Licenses issued pursuant to this By -law 4(10) Les permis ddlivrds en application du
are not transferrable. prdsent arretd ne sont pas cessibles.
SEIZURE, IMPOUNDING AND SAISIE, NHSE EN FOURRIERE ET
DESTRUCTION ABATTAGE
5(1) The owner of a dog shall prevent such dog 5(1) Le propridtaire d'un chien 1'empeche
from running at large in the City. d'errer dans la municipalitd.
5(2) Any dog found running at large or found
outside of a building with or without a valid dog
tag may be seized and impounded by a contractor.
The owner may claim the dog by producing or
obtaining a valid license for the dog and by paying
the contractor:
(i) an impounding fee which shall be
$50.00 for the first occurrence,
$100.00 for the second occurrence
and $200.00 for the third and any
subsequent occurrence; and
(ii) any fees associated with required
medical care that was provided to
the dog while impounded, such as
vaccinations, flea treatments,
deworming and other required
medical treatments; and
(iii) a boarding fee for each day that the
dog has been impounded.
5(3) Any dog suspected to be diseased such
that it is likely to infect another animal or a human
being may be impounded by a Dog Control
Officer.
5(4) The contractor shall provide reasonable
and adequate shelter, food and water to any dog
impounded as determined by the By -law
Enforcement Officer.
5(2) L'entrepreneur peut saisir et mettre en
fourriere tout chien qui est trouvd errant ou a
Pexterieur d'un b &timent, aver ou sans mddaille
d'identification valide. Le propridtaire peut rdclamer
le chien en produisant ou en obtenant un permis
valide pour le chien et en versant A Pentrepreneur
(i) des frais de 50 $ pour la premiere mise
en fourridre, de 100 $ pour la deuxieme
mise en fourridre et de 200 $ pour chaque
mise en fourridre subsdquente;
(ii) tout frais associd aux traitements
mddicaux qui ont dtd fournis au chien
lorsqu'il dtait en fourriere, tels,
vaccinations, traitements contre les puces,
traitements vermifuges et tout autre
traitement medical requis; et
(iii) des frais d'hdbergement de 10 $ pour
chaque jour de mise en fourri&e.
5(3) L'agent de controle des chiens peut mettre
en fourriere tout chien dont on soupgonne qu'il est
atteint d'une maladie et qu'il est susceptible
d' infecter un autre animal ou un etre humain.
5(4) L'entrepreneur fournit un abri convenable et
addquat ainsi que de la nourriture et de Peau en
quantitd suffisante A. tout chien, mis en fourriere,
selon les conditions que precise Pagent
d'application des arretds.
5(5) The contractor shall make a reasonable
attempt to notify the owner of a dog that it has
been seized and impounded if the owner is known
to the contractor or if the dog is wearing a dog tag
or other means of identification.
5(6) The contractor may sell any impounded
dog, whether or not it is licensed, if it has not been
claimed within 72 hours of the seizure.
5(7) The contractor may destroy any
impounded dog, whether or not it is licensed, if:
(a) it is injured or diseased; or
(b) it has been ordered destroyed by a
Provincial Court Judge pursuant to section
5; or
(c) it has not been claimed by its owner
within 72 hours of its seizure.
E
5(5) L'entrepreneur fait un effort raisonnable
pour aviser le propridtaire que son chien a W saisi
et mis en fourri6re, s'il connait 1'identit6 du
propridtaire ou que le Chien porte une m6daille
d'identification ou un autre moyen d'identification.
5(6) L'entrepreneur peut vendre tout chien mis
en foun*re, qu'un per-mis soit d6livrd a son 6gard
ou non, s'il n'a pas 6t6 r6clamd dans les soixante-
douze heures suivant la saisie.
5(7) L'entrepreneur peut abattre tout chien mis
en fourriere, qu'un permis ait W ddlivr6 d son 6gard
ou non, dans les cas suivants :
a) le chien est blessd ou malade;
b) un juge de la Cour provinciale a ordonnd
1'abattage du chien en vertu de Particle 5;
c) Le chien n'a pas dtd r6clam6 par son
propridtaire dans les 72 heures suivant
sa saisie.
5(8) Dog Control Officers may enter upon any 5(8) L'agent de contr6le des chiens peut entrer
property for the purpose of seizing: sur une propri6td afin de saisir :
(a) a dog which he believes has bitten or
attempted to bite a person; or
(b) a dog which is running at large; or
(c) a dog which he suspects to be diseased
or injured.
DOG BITES
6 A judge of the Provincial Court to whom a
complaint has been made, alleging that a dog has
bitten or attempted to bite a person, may summon
the owner of the dog to appear and to show cause
why the dog should not be destroyed. The judge
may, if from the evidence produced it appears that
the dog has bitten or attempted to bite a person,
make an order directing:
(i) that the dog be destroyed; or
a) un chien qu'il croit avoir mordu ou tentd
de mordre une personne;
b) un chien errant; ou
c) un chien qu'il soupgonne titre malade ou
blessd.
MORSURES DE CHIEN
6 Le juge de la Cour provinciale, qui est saisi
d'une plainte selon laquelle un chien a mordu ou
tentd de mordre une personne, peut citer le
propridtaire du chien AL comparaitre et a faire valoir
les motifs pour lesquels le chien ne devrait pas titre
abattu et it peut, si la preuve produite d6montre que
le chien a effectivement mordu ou tentd de mordre
une personne, ordonner :
(i) soit que le chien soit abattu;
(ii) that the owner or keeper of the dog (ii) soit que le propri6taire ou la personne
keep the dog under control.
NOISE
7 No owner shall permit a dog of which he
or she is the owner to bark or bay or howl or yowl
for such a period of time or in such manner as to
create a disturbance of a neighbourhood. An
owner shall immediately, upon being directed by a
Dog Control Officer to do so, take such steps as
are necessary to cause the disturbance to cease.
CLEANING UP AFTER DOGS
10
qui en a la garde le garde sous surveillance.
BRUIT
7 11 est interdit au propridtaire de permettre
que son Chien aboie ou hurle pendant une pdriode
telle et de manure a ddranger le voisinage. A Ia
demande de Pagent de controle des chiens, le
propridtaire d'un chien prend immddiatement les
mesures ndcessaires pour mettre fin au vacarme.
NETTOYAGE DES EXCREMENTS
8(1) An owner shall remove any feces left by 8(1) Le propridtaire enleve les matieres fdcales
his or her dog on any property other than the que son chien a laissdes sur une propridtd autre que
property of the owner. la sienne.
8(2) This section does not apply to the owner 8(2) Le prdsent article ne s'applique pas au
of a "seeing eye" dog or a dog being used by the propridtaire d'un chien -guide ou d'un chien du
Saint John Police Force. service de police de Saint John.
DISEASED ANIVOR INJURED CATS
9(1) Notwithstanding that this By -law generally
pertains to dogs, any cat may be seized by a Dog
Control Officer provided that:
(i) such cat is determined by a Dog
Control Officer to be diseased and/or
injured to such an extent that the only
appropriate and humane response is to
cuthanize such cat; and
(ii) having used reasonable efforts, a
Dog Control Officer has determined that
such diseased and/or injured cat has no
identifiable owner.
CHATS MALADES ET/OU BLESSES
9(1) Nonobstant le fait que cet arrdtd s'applique
gdndralement aux chiens, un chat pourrait titre saisi
par Pagent de controle des chiens, A la condition :
(i) qu'un agent de controle des chiens
ddtermine que ledit chat est malade et/ou
blessd, A un point tel que la seule solution
appropride et sans cruautd envers Fanimal
est d'euthanasier ledit chat; et
(ii) qu'apr8s avoir fait un effort
raisonnable, Pagent de controle des chiens a
conclu que ledit chat malade ct/ou blessd
n'avait pas de propridtaire identifiable.
9(2) The contractor may humanely destroy any cat 9(2) L'entrepreneur peut abattre, sans cruautd
seized by a Dog Control Officer pursuant to 9(1). envers Fanimal, tout chat qui a dtd saisi par Pagent
de controle des chiens, conformdment a Farticle
9(3) Dog Control Officers may enter upon any 9(1).
property for the purpose of seizing a cat pursuant
to 9(1). 9(3) Les agents de controle des chiens peuvent
entrer sur une propridtd afm de saisir un chat,
conformdment a Particle 9(1).
ENFORCEMENT
10 The By -law Enforcement Officer and
Police Officers are authorized to, in the Provincial
Court of New Brunswick, make complaints with
respect to dog bites (and attempted dog bites) and
commence proceedings with respect to violations
of this By-law.
OFFENCES
11(1) A person who violates any of the
provisions of this By -law is guilty of an offense
and liable upon summary conviction to a fine of
not less than two hundred and fifty dollars ($250)
and not more than two thousand one hundred
dollars ($2,100).
11(2) A person who has committed a violation
of any of the provisions of this By -law, other than
failure to comply with a Judge's Order, may at the
discretion of the By -law Enforcement Officer, pay
the minimum fine prescribed and upon such
payment the person committing the violation is not
to be prosecuted or further prosecuted therefore.
SEVERABILITY
12 If any part of this By -law shall be held
invalid, such part shall be deemed severable and
the invalidity thereof shall not affect the remaining
parts of this By -law.
REPEAL
13 A by -law of The City of Saint John
enacted on the fifth day of July, 2004 entitled "By-
law Number M -13 A By -law Respecting The
Control Of Dogs And Cats In The City Of Saint
John Made Under The Authority Of Section 96 Of
The Municipalities Act" and all amendments
thereto is repealed on the coming into force of this
by -law.
11
APPLICATION
9 L'agent d'application des arretds et les
agents de police sont autoris6s a deposer, devant ]a
Cour provinciale du Nouveau - Brunswick, des
plaintes concernant les morsures (et tentatives de
morsure) faites par des chiens et a engager des
proc6dures judiciaires a 1'6gard des contraventions
au prdsent arretd.
INFRACTIONS
10(1) Toute personne qui contrevient a une
disposition du prdsent arr&6 est coupable d'une
infraction et est passible sur condamnation
sommaire d'une amende d'au moins deux cent
cinquante dollars (250 $) et d'au plus deux mille
cent dollars (2 100 $).
10(2) La personne qui a contrevenu A une
disposition du prdsent arrgtd, autre qu'une
disposition relative A Pomission de se conformer a
une ordonnance d'un juge, peut A Pappr6ciation de
P agent d' application des arr6t6s, payer P amende
minimale prescrite, et d6s que ce versement est
effectud, elle ne peut faire Fobjet d'autres poursuites
pour la meme infraction.
DISSOCIABILITE
11 Si une partie du prdsent arret6 est ddclarde
invalide, cette partie sera rdputde etre dissociable et
l'invalidit6 ne touchera pas les autres dispositions
du pr6sent arretd.
ABROGATION
12 L'arrW de The City of Saint John 6dict6 le
5e jour de juillet 2004 et intituld « Arret6 num6ro M-
13 concernant le contr6le des chiens et des chats
dans The City of Saint John, en vertu de Particle 96
de la Loi sur les municipalites », ensemble ses
modifications, est abrogd d6s Pentrde en vigueur du
pr6sent arr6td,
12
Mayor/Maire
Common C1erk/Greffiere communale
First Reading - PremiBre lecture
Second Reading Deuxieme lecture
Third Reading - Troisieme lecture
THIS AGREEMENT made in duplicate this I-
=day day of September, 2012.
BE 1 WEEK: THE CITY OF SAINT JOHN, having its City Hall at 15
Market Square, Saint Join, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of New
Brunswick (the "City")
OF THE FIRST PART
- and -
SAINT JOHN SHELTER LTD. carrying on business as
SAINT JOHN SPCA ANIMAL RESCUE, a body
corporate under the laws of the Province of New
Brunswick (the "Contractor')
OF THE SECOND PART
WHEREAS there is a need for and the City wishes to offer to its citizens a general dog control
service as well as a limited and discrete cat control service as is more fully outlined in this
Agreement.
AND WHEREAS the Contractor has tendered to the City to provide sufficient labour, materials,
vehicles and equipment to provide a satisfactory level of service to the City under this
Agreement;
NOW THEREFORE THIS AGIREEMENT WITNESSETH that in consideration of the mutual
covenants and agreements hereinafter contained, and subject to the terms and conditions set
forth, the parties hereby agree as follows:
m
The term of this Agreement shall be for a period of five years commencing as of and with
effect from the Ist day of October, 2012 and expiring on the 30th day of September,
2017.
Contractor's Covenants
2. The Contractor covenants and agrees with the City as follows:
(a) It shall carry out the responsibilities of the "contractor" under sections 4, 5, 7 and
8 of the City's By -Law Respecting the Control of Dogs in the City of Saint John
Made Under the Authority of Section 96 of the Municipalities Act - By -Law No.
M -13 (the "By- law").
(b) It shall carry out the responsibilities of the "contractor" under section 9 of the By-
law as it concerns cats provided and on condition that the Contractor has first
satisfied itself that such cats have no identifiable owner and that such cats are
diseased and/or injured to such an extent that the only appropriate and humane
response is to euthanize such cats.
(c) It shall respond to complaints under section 4, 5, 7 and 8 of the By -Iaw and
provide emergency services as follows:
(i) Respond to By -law complaints pursuant to this Agreement Monday to
Friday between the hours of 8:00 am. to 8:00 p.m. and Saturday and
Sunday between the hours of 9:00 a.m. to 5:00 p.m. or during such other
periods of time as the City may, through its Commissioner of Growth and
Development Services or his or her designate, request in writing from time
to time. Should the Contractor be asked by the City to conduct any patrols
or undertake any other functions, the City shall be required to provide at
least five (5) days advance written notice.
(ii) It shall have one of its Dog Control Officers, with a suitable vehicle
properly registered with the Province of New Brunswick and bearing a
valid motor vehicle inspection vignette as required by provincial
legislation, available to respond to emergency calls from the Saint John
Police Force with respect to dogs and cats which have been injured, dogs
which have bitten or attempted to bite a person, or dogs running at large
that are posing a threat to the life and/or safety of citizens.
(d) It shall prepare and submit a written plan to the City within three (3) months of
execution of this Agreement that is satisfactory to the Commissioner of Growth
and Development Services or his or her designate for increasing license sales, the
objective of which will be to encourage responsible and accountable dog
ownership. Upon the Commissioner of Growth and Development Services or his
or her designate having found the written plan to be satisfactory, the Contractor
shall fully implement such plan within a period of six (6) months thereafter.
(e) It shall prepare and deliver two (2) public awareness sessions in Year 1 of the
Term, and three (3) public awareness sessions in each of Year 2, Year 3, Year 4
and Year 5 of the Term, with the objective of educating the citizens of the City
about the unportance and benefit of dog licensing and to promote responsible and
accountable pet ownership more generally. The content of the public awareness
sessions and the target audience is to be approved by the Commissioner of
Growth and Development Services or his or her designate two (2) weeks before
each scheduled session(s).
(f) It shall maintain a direct telephone service that is to be listed and answered as
"City of Saint John Dog Control ". The telephone number for this service shall be
relinquished by the Contractor to the City upon termination of this Agreement.
Dog Control Officers, while on duty, shall be equipped with portable
communication devices (UHF or VHF radio or cellular phone) with sufficient
range as to be used anywhere within the City. All emergency calls shall be
received, registered and dispatched immediately to the on duty /on call Dog
Control Officer. Records of such calls shall include the name and rank of the
caller, the date and time of the call, the address or location responded to, the
reason for the call, and the date and time of contact to the on duty /on call Dog
Control Officer.
(g) It shall provide at least one vehicle, properly registered with the Province of New
Brunswick and bearing a valid motor vehicle inspection vignette as required by
provincial legislation, that has been approved by the Society for the Prevention of
Cruelty to Animals (the "S.P.C.A.) as suitable for the humane transportation of
dogs. The Contractor shall also provide S.P_C.A. approved facilities suitable for
the humane keeping of as many as ten (14) dogs at a time. Vehicles and facilities
used in the execution of this Agreement shall bear identification stating "Dog
Control" and the appropriate telephone number. Contractor employees, while on
patrol duty, shall wear clothing that identifies them as Dog Control Officers and
present a neat and tidy appearance.
(h) It shall be responsible for the euthanization and cremation of dogs that may be
subject to destruction under the By -law or pursuant to a Court Order.
(i) It shall be responsible for the euthanization and cremation of cats destroyed
pursuant to section 9 of the By -law.
(j} It shall administer the licensing of dogs as required under section 4 of the By -law.
It may, subject to the receipt of prior written approval from the Commissioner of
Development and Growth Services or his or her designate, disseminate license tags
and forms to City - approved outlets for the sale of dog licenses on the City's
behalf Where license tags and forms have been disseminated to City - approved
outlets, the Contractor shall keep detailed records of the license tags that have
been disseminated to such City- approved outlets and it shall collect the completed
forms and license fees and update the license records pursuant to the requirements
set out in Schedule "A" to ensure the integrity and currency of the licensing
program.
(k) It shall maintain records, satisfactory to the City, with respect to complaints and
responses, seized and impounded dogs, licenses sold and disseminated to City -
approved outlets, license fees collected, impounding fees collected, voluntary
payment fees collected and emergency services under this Agreement and the By-
law, and permit the City to inspect them at any time during the hours of 9:00 a.m.
to 4:00 p.m. on Monday to Friday, inclusive. The Contractor shall, by not later
than the I e day of each month, provide the City with a written report, on a form
approved by the Commissioner of Growth and Development or his or her
designate, with respect to such activities.
(1) The Contractor agrees to utilize the web -based database that is more fully
described in paragraph 3(e) of this Agreement and, more specifically, agrees to
input the data into and follow the procedures and performance requirements
respecting such database that are more fully described in Schedule "A" hereto,
which is attached and forms part of this Agreement.
(m) Within twenty four (24) hours of the termination of the Agreement, the
Contractor:
i. shall relinquish to the City any and all records with respect to Saint John
Dog Control, which shall include but not be limited to licensing,
complaints, offenders, and euthanization.
ii. Shall relinquish to the City any unused licensing tags and forms, complete
lists of all active and past licenses in electronic and paper copy, and a
complete list of tags and forms and associated numbers that have been
disseminated to City - approved outlets that are selling licenses on behalf of
the City.
(n) It shall take out and keep in full force and effect, at its own cost, throughout the
Term commercial general liability insurance. Such insurance shall cover but not be
limited to property damage, bodily injury liability, non -owned automobile liability.
The coverage thereunder shall include the activities conducted by the Contractor
and any other person acting within its control, or for whom the Contractor is in law
responsible and any person performing work on behalf of the Contractor. Such
policy shall have inclusive limits of at least Two Million Dollars ($2,000,000.00)
for each occurrence involving personal injury, bodily injury, death or property
damage, or such higher limits as the City may from time to time reasonably require.
The policy shall contain:
(i) a provision stating that such policy shall be primary and shall not
call into contribution any other insurance available to the City or the
Contractor, and
(ii) an undertaking by the insurers that no material change, cancellation
or termination of any policy will be made unless the City has received not
less than sixty (60) days prior notice thereof, delivered in accordance with
the provisions of this Agreement.
The City shall be added as an additional insured on the commercial general
liability insurance policy described herein.
The Contractor shall provide a Certificate of Insurance to the City at the time of
the execution of this Agreement evidencing the insurance coverage described
herein. The Contractor shall provide said Certificate of Insurance to the City
yearly for the term of this Agreement.
(o) The Contractor shall take out and keep in full force and effect insurance against
liability for bodily injury and property damage caused by motor vehicles owned
by the Contractor and used in the execution of this Agreement. Such insurance
shall have an all inclusive limit of at least $1,000,000.00. A motor vehicle shall
be as defined in the Motor Vehicle Act of the Province of New Brunswick. The
Contractor shall provide a Certificate of Insurance to the City at the time of the
execution of this Agreement evidencing the insurance coverage described herein.
The Contractor shall provide said Certificate of Insurance to the City yearly for
the term of this Agreement.
CitVs Covenants
3. The City covenants and agrees with the Contractor as follows:
(a) The Contractor shall retain any fees paid to it with respect to licensing and
impounding pursuant to subsections 4(3), 5(2) and 11 (2) of the By -law.
(b) It shall pay to the Contractor, in return for the services the Contractor shall
provide hereunder, and in addition to any licensing revenues kept by the
Contractor under this Agreement, the following yearly amounts during the Term,
which shall be paid to the Contractor in equal monthly installments on the final
day of each month:
Year 1: October 1, 2012 — September 30, 2013
$80,000 plus HST
Year 2: October 1, 2013 — September 30, 2014
$80,000 plus HST
Year 3: October 1, 2014 — September 30, 2015
$80,000 plus HST
Year 4: October 1, 2015 — September 30, 2016
$82,000 plus HST
Year 5: October 1, 2016 — September 30, 2017
$84,050 plus HST
(c) It shall provide the Contractor with an adequate supply of licensing tags and
forms for their use in the sale of licenses and the dissemination of license tags to
City- approved outlets for the purpose of selling licenses on the City's behalf.
(d) It shall provide legal advice and assistance, through its Legal Department, with
respect to Court proceedings involving violations of the By -law.
(e) It shall develop a web -based database that shall be used by the Contractor and
accessible to the City at all times, so that the Contractor can record and track the
data required and the procedures being followed, as are more fully described in
the attached Schedule "A ".
(f) It shall provide to the Contractor a one -time grant in the amount of $18,080 which
shall be used by the Contractor to demolish the apartment building and the
previous shelter building, the attachments to said shelter building and the outside
kennel area adjacent to said shelter building and any other associated buildings or
structures, all of which are situated on lands belonging to the Contractor located at
134 Taylor Avenue in Saint John, New Brunswick and further identified by PID
00046375 (together, the "Old Shelter"). Demolition of, and the removal of all
associated debris from the Old Shelter shall be completed by the Contractor
within ninety (90) days of the execution of this Agreement and must conform
with the Saint John Building By -law. Once the Commissioner of Growth and
Development Services or his or her designate has inspected the demolition of the
Old Shelter and the removal of the associated debris from the Old Shelter site and
is satisfied that the required work has been satisfactorily completed, the
aforementioned grant shall immediately be paid in full to the Contractor.
(g) As a proactive mechanism for discussing any questions or concerns that may arise
regarding the performance this Agreement, a meeting shall be held (if deemed
necessary by the Commissioner of Growth and Development Services or his or
her designate or by the Contractor as the case may be) within the first six (6)
months of Year 1 of the Term, and once annually in each of Year 2, Year 3, Year
4 and Year 5 of the Term, for such purpose and in accordance with the
requirements of article 6 of this Agreement. Such meeting(s) shall encourage
open and positive communication directed at problem solving to help ensure the
successful and full performance of the Agreement.
(h) It shall provide a training session to the Contractor within forty -five (45) days of
the execution of this Agreement, with the focus of such training being the terms
of the By -law and the terms of this Agreement, including the performance metrics
and performance expectations and use of the web -based database, as is more fully
described in the Agreement and in Schedule "A" thereto.
Default and TgEinggon
4. Default under this Agreement will be deemed to have occurred if a party has failed to
observe or perform any term, covenant or obligation contained in this Agreement and
such party has not remedied the default within thirty (30) days of receiving written notice
of such default from the other party. Upon any default, the party who is not in default
may terminate this Agreement by serving a notice of termination in writing on the other
party, and the service of such notice shall not prejudice any existing right, remedy or
relief of the party serving the notice.
5. Notwithstanding article 4 of this Agreement, should the Contractor declare bankruptcy,
cease operations owing to financial difficulties or experience other adverse financial
circumstances that, in the City's sole view, interferes with or threatens to interfere with
the Contractor's ability to perform any of its responsibilities and duties under this
Agreement, the City may by written notice to the Contractor in accordance with article 6
of this Agreement, terminate this Agreement effective immediately.
Notice
Any notice or consent including any invoice, statement or request or other communication
(a "Notice's herein required or permitted to be given by either party to the other shall be in
writing and shall be delivered by hand or sent by registered mail (except during a postal
disruption or threatened postal disruption) or by telecopier to the applicable address (and
telecopier number, if applicable) set forth below:
a) in the case of the City, to:
The Commissioner of Development and Growth Services,
15 Market Square, I Od' Floor, City Hall
Saint John, NB, E2L 4L1
Phone: (506) 658 -2911
Fax: (506) 632 -6199
b) in the case of the Contractor, to :
Secretary, Board of Directors
Saint John Shelter Ltd. 295 Bayside Drive
Saint John, N.B. E2J 1B1
Phone: (506) 642 -0920
Fax: (506) 634 -6101
Any notice delivered by hand shall be deemed to have been validly and effectively given on
the day of such delivery if delivered before 4:00 p.m. on a business day or on the next
business day if delivered on a non - business day or after 4:00 p.m. on the previous business
day. Any Notice sent by registered mail (except during a postal disruption or threatened
postal disruption) shall be deemed to have been validly and effectively given on the third
business day following the date of mailing. Any Notice sent by telecopier shall be deemed
to have been validly and effectively given on the day it was sent if sent before 4:00 pm. on a
business day or on the next business day if sent on a non - business day or after 4:00 p.m. on
the previous business day.
Either party may from time to time by Notice to the other party change its address for
service hereunder.
Assignment
7. The Contractor shall not assign its rights or obligations under this Agreement without the
prior written consent of the City, which consent may be unreasonably withheld.
Headings
7. The Section and/or paragraph headings in this Agreement are inserted for convenience of
reference only and shall not affect the meaning or interpretation of this Agreement or any
provision hereof.
Successors_ and Assigns
8. This Agreement and everything contained herein shall enure to the benefit of and be binding
upon the parties hereto, their respective successors and permitted assigns, and all words in
the neuter or masculine shall include the masculine and neuter respectively and also the
feminine and all words in the singular shall include the plural, and vine versa, when the
context so requires.
Entire AMement
9. This Agreement sets forth all the covenants, promises, agreements, conditions and
understandings between the City and the Contractor concerning the Agreement and there are
no covenants, promises, agreements, conditions or representations, either oral or written
between them other than as are herein set forth. No subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the City or the Contractor unless
reduced to writing and signed by them.
F rce Ma'eure
10. In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles,
inability to procure materials, failure of power, restrictive governmental laws or regulations,
riots, insurrection, war or other reason of a like nature not the fault of the party delayed in
performing work or doing acts required under the terms of this Agreement, then
performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such
delay, provided however that nothing herein shall be deemed to extend any specific date set
out in this Agreement. This Section shall not operate when the delay or restriction is due to
the lack of or unavailability of funds
Governing Law
11. This Agreement is to be governed by and construed and interpreted in accordance with the
laws of the Province of New Brunswick and the laws of Canada applicable therein.
Partial Invalidity
12. If any term, covenant or condition of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Agreement and/or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Agreement shall be
separately valid or enforceable to the fullest extent permitted by law.
Time to be of the Essence
13. Time shall be of the essence of this Agreement.
Waiver
14. Failure by either party hereto to require performance of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition or
of any subsequent breach of the same or of any other term, covenant or condition herein
contained. No covenant, term or condition of this Agreement shall be deemed to have been
waived by the City or the Contractor unless such waiver be in writing by the waiving party.
IN WITNESS WHEREOF the parties have affixed their corporate seals duly attested by their
properly authorized officers on the day and year hereinabove appearing.
THE CITY OF SAINT JOHN
per
Mayor
Common Clerk
Common Council Resolution:
SAINT JOHN SHELTER LTD.
per
SCHEDULE "A"
The following requirements shall apply to the Contractor respecting the level of service to be
provided to the City under the Agreement and, relatedly, the use of the web -based database
referred to in paragraphs 20) and 3(e) of the Agreement.
The performance metrics are as follows:
1. Each time a valid By -law complaint is received by the Contractor, the Contractor shall
make detailed notes concerning the particulars of the complaint and the resulting
investigation/actions taken. All case related notes are to be inputted by the Contractor
into the web -based database within twenty -four (24) hours of any
response/action/complaint.
2. The Contractor shall ensure that enforcement protocols /processes, as set by the City, are
met at all times and tracked in the web -based database.
3. The Contractor shall continually update the licensing spreadsheet/database with new or
edited license information within twenty -four (24) hours of receipt of any such
information.
4. When the Contractor receives a complaint under section 5 of the By -law concerning a
dog running at large, the Dog Control Officer shall be dispatched to the site of the dog
running at large within one (1) hour of receiving a call/complaint.
When the Contractor receives a complaint under section 5 of the By -law concerning a
dog bite or attempted bite, the Dog Control Officer shall be dispatched to the site of the
dog bite or attempted dog bite within one (1) hour of receiving a call/complaint
6. When the Contractor receives a complaint under section 5 of the By -law concerning a
injured or diseased dog, the Dog Control Officer shall be dispatched to the site of the
diseased or injured dog within two (2) hours of receiving a call / complaint
7. When the Contractor receives a complaint under section 4 of the By -law concerning an
unlicensed dog, the Dog Control Officer shall be dispatched to the site of the unlicensed
dog within seventy -two (72) hours of receiving a call / complaint.
8. When the Contractor receives a complaint under section 7 of the By -law concerning a
barking dog, the Dog Control Officer shall be dispatched to the site of the barking dog
within seventy -two (72) hours of receiving a call / complaint.
9. When the Contractor receives a complaint under section 8 of the By -law concerning an
owner that has not removed the feces left by his/her dog on any property other than the
property of the owner, the Dog Control Officer shall be dispatched within seventy -two
(72) hours of receiving a call / complaint.
10. When the Contractor receives a complaint under section 9 of the By -law concerning a
diseased or injured cat, the Dog Control Officer shall be dispatched to the site of the
diseased or injured cat within two (2) hours of receiving a call /complaint.
11. The details of any calls /complaints received and responded to under paragraphs 4 through
10 of this Schedule "A" and any provision of the Agreement shall be inputted by the
Contractor into the web -based database in accordance with the requirements set out in
paragraph 1 of this Schedule "A ".
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, Melody McElman, of the City of Saint John, in the County of Saint John and Province
of New Brunswick, MAKE OATH AND SAY:-
1. THAT 1 am the President of Saint John Shelter Ltd., the Contractor named in the foregoing
instrument, and have custody of the corporate seal of the said company and am duly authorized
to make this affidavit.
2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal
of Saint John Shelter Ltd., is the corporate seal of the said Saint John Shelter Ltd., the Contractor
named in the foregoing instrument, and it was affixed by the officer authorized to so affix the
seal.
3. THAT the signature "Melody McElman" subscribed to the said instrument is my
signature and as President I am duly authorized to execute the said instrument.
4. THAT the said document was executed as aforesaid at the City of Saint John in the
Province of New Brunswick on the r7 +` day of i 012.
SWORN TO before me at the City of)
Saint John, in the County of Saint }
John and Province of New )
Brunswick, this ) 7 day of )
2012. )
)
r )
Commissioner of Oaths )
}
PAMELA M H BENTLEY
COMMISSIONER OF OATHS
M'Y COMMISSION EXPIRES
DECEMBER 31ST, 2013
Melod cE an
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
I, Tricia Osborne- Parker, of the City of Saint John, in the County of Saint John and
Province of New Brunswick, MAKE OATH AND SAY:-
1. THAT I am the Secretary of Saint John Shelter Ltd., the Contractor named in the
foregoing instrument, and have custody of the corporate seal of the said company and am duly
authorized to make this affidavit.
2. T HAT the seal affixed to the foregoing agreement and purporting to be the corporate seal
of Saint John Shelter Ltd., is the corporate seal of the said Saint John Shelter Ltd., the Contractor
named in the foregoing instrument, and it was affixed by the officer authorized to so affix the
seal.
3. TFAT the signature "Tricia Osborne - Parker" subscribed to the said instrument is my
signature and as Secretary I am duly authorized to execute the said instrument.
4. THAT the said document waspecuted as afpresaid at the City of Saint John in the
Province of New Brunswick on the day 04942r2012.
SWORN TO before me at the City of }
Saint John, in the County of Saint )
John and Province of New )
Brunswick, this 17 day of )
2012. }
}
Commissioner of Oaths �/ )
F-AN ELA M ri DE ;- A -F-y
COMMESS1.01im ; r✓ f. , f iS
MY t:C_'!vik,1.11�31 11-.1 -A-x;47
_.
Osborne- Parker
• First and Second Reading on May 7, 2012
• Removal of cat control / licensing
• Housekeeping items, fine increases
• Amendment for Third Reading:
— Cat can be seized and euthanized provided that:
• Is diseased and /or injured to such an extent that the
only appropriate and humane response is to
euthanize such cat; and
• Such cat has no identifiable owner
SAINT JOHN
• 5 year term, beginning October 1, 2012
• Monday to Friday
• Saturday and Sunday
• After hours for emergencies only
• Full dog control service
— Running at large
— Bites and Attempted bites
— Barking
— "Poop and Scoop"
— Diseased / Injured
— Administer Dog Licensing Program
Sam -8 pm
9am -5 pm
SAINT JOHN
— Limited Cat Control
• As per Dog Control By -law, section 9:
•Dog Control Officer can seize and euthanize a cat provided
it is determined to be diseased and /or injured to such an
extent that the only appropriate and humane response is
euthanization
• Dog Control Officer must be satisfied that such cats have
no identifiable owner
SAINT JOHN
— Prepare and implement a plan to increase the dog
licensing program
— Prepare and deliver a series of public awareness
sessions
— Record and track all dog control information in a
web -based database developed by the City
— Agreed —upon performance metrics
• Annual performance reviews (and one at 6 months)
SAINT JOHN
— Year 1, 21 3
— Year 4
— Year 5
$80,000 + hst
$82,000 + hst
$84,1050 + hst
— SPCAAR retains license revenues, impounding and
boarding fees
— City provides $18,080 grant to the SPCAAR for the
demolition of all buildings at 134 Taylor Ave.
SAINT JOHN
M &C 2012 -242
September 17, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Establishment Change Request — Facility Management Department
.�h
The Cky of Saito John
The construction of the new Police Headquarters (HQ) facility is scheduled for completion in October of 2012. This state
of the art facility is valued at over $20 million dollars and will be owned by the City of Saint John and operated by its
Facility Management Department, with the Police Force essentially being a tenant of the facility.
A formal agreement for the occupancy and management of the Police HQ by and between the City of Saint John and the
Board of Police Commissioners is in the final stages of being drafted, and will be presented to Common Council in the
near future. Part of the agreement describes the services that the Facility Management Department shall provide to the
Board of Police Commissioners in relation to the Police HQ as well as the responsibilities of the Board of Police
Commissioners throughout the term of the agreement. The clear responsibilities of both parties will form an integrated
and complete facility management solution.
In order to properly manage this valuable asset from the onset, and execute the proposed agreement between the City
of Saint John and the Board of Police Commissioners, it is imperative that the City of Saint John have an individual with
the proper skill set dedicated to this asset. As such, we are seeking the approval of Common Council to increase the
establishment accordingly by one full time permanent position within the Facility Management Department.
ANALYSIS
it is typical for this type of facility to have its own dedicated personnel to properly operate and maintain the building,
Examples of significant City -owned facilities that have dedicated building operators and in -house maintenance
personnel include: Harbour Station; Canada Games Aquatic Centre; Saint John Transit facility; Lord Beaverbrook Arena;
City Market; amongst others. There are many other examples of within the private sector, including: City Hall,
Mercantile Centre, Brunswick House, Brunswick Square, Market Square, etc., all of which have permanent building
operators and in -house maintenance personnel on staff.
The intent for the proposed position is to have a dedicated person who would be responsible for the day -to -day
operation, inspection, troubleshooting, maintenance, and repair of building systems within the new Police HQ facility.
The primary objective of this individual would be asset protection. There would be a technical, coordination,
management, and hands on aspects to their role. They would be directly responsible for relatively routine maintenance
tasks, although the more significant maintenance and repairs would continue to be contracted to existing service
contractors.
.E
P 0'1'k
1,
10
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N
COUNCIL
M &C 2012 -242
September 17, 2012
His Worship Mel Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Establishment Change Request — Facility Management Department
.�h
The Cky of Saito John
The construction of the new Police Headquarters (HQ) facility is scheduled for completion in October of 2012. This state
of the art facility is valued at over $20 million dollars and will be owned by the City of Saint John and operated by its
Facility Management Department, with the Police Force essentially being a tenant of the facility.
A formal agreement for the occupancy and management of the Police HQ by and between the City of Saint John and the
Board of Police Commissioners is in the final stages of being drafted, and will be presented to Common Council in the
near future. Part of the agreement describes the services that the Facility Management Department shall provide to the
Board of Police Commissioners in relation to the Police HQ as well as the responsibilities of the Board of Police
Commissioners throughout the term of the agreement. The clear responsibilities of both parties will form an integrated
and complete facility management solution.
In order to properly manage this valuable asset from the onset, and execute the proposed agreement between the City
of Saint John and the Board of Police Commissioners, it is imperative that the City of Saint John have an individual with
the proper skill set dedicated to this asset. As such, we are seeking the approval of Common Council to increase the
establishment accordingly by one full time permanent position within the Facility Management Department.
ANALYSIS
it is typical for this type of facility to have its own dedicated personnel to properly operate and maintain the building,
Examples of significant City -owned facilities that have dedicated building operators and in -house maintenance
personnel include: Harbour Station; Canada Games Aquatic Centre; Saint John Transit facility; Lord Beaverbrook Arena;
City Market; amongst others. There are many other examples of within the private sector, including: City Hall,
Mercantile Centre, Brunswick House, Brunswick Square, Market Square, etc., all of which have permanent building
operators and in -house maintenance personnel on staff.
The intent for the proposed position is to have a dedicated person who would be responsible for the day -to -day
operation, inspection, troubleshooting, maintenance, and repair of building systems within the new Police HQ facility.
The primary objective of this individual would be asset protection. There would be a technical, coordination,
management, and hands on aspects to their role. They would be directly responsible for relatively routine maintenance
tasks, although the more significant maintenance and repairs would continue to be contracted to existing service
contractors.
Report to Common Council Page 2 of 3
Establishment Change Request - Facility Management Department
Although the initial assignment will be in the new Police HQ facility, it is anticipated that following the first few years of
operation, this individual could be tasked with assignments in other City -owned facilities to improve efficiency and
reduce the amount of work that is contracted out to service providers, thus saving money.
The new Police Headquarters (HQ) facility is at a critical point in construction where walls and ceilings are being
enclosed with interior finishes, and major equipment is being started up and tested. It is important that the City of Saint
John get an individual in place to assume this proposed role as soon as possible since construction is nearing an end and
these critical tasks are underway, including:
■ Finalization of agreement by and between the City of Saint John and the Board of Police Commissioners
■ Procurement of contracted services for future maintenance and repairs
■ Review of building services to be concealed in walls and ceilings
■ Final inspections of construction for deficiencies
■ Start up and commissioning of the building systems
• Training on the operation of building systems
■ Review of maintenance and operations manuals for building systems
■ Review of warranties and scheduling of post construction warranty reviews
■ Move management
Additional Alternatives Considered
Two alternatives to a new hire were considered:
1) Allocate work to existing staff.•
Existing personnel within the Facility Management Department do not have the additional capacity to operate
this facility and manage the proposed agreement by and between the City of Saint John and the Board of Police
Commissioners. The Facility Management Department currently has only three (3) personnel (plus one
administrative support person) who are responsible to provide maintenance management and capital renewal
services for over 80 City -owned buildings, none of which are of this magnitude in size, complexity, or value. All
physical work is contracted out through external service providers, with the exception of carpentry work, which
is completed in- house.
If existing staff were assigned the responsibility of the management and operation of this facility, it would have a
direct impact on maintenance completed at other City -owned facilities. For example, over the last three years
the average number of service calls requiring action was 1,100 per year. If existing staff who respond and
address these service calls were given the additional responsibility of the new Police HQ facility, only half of
these service calls would be addressed. This would lead to deferred maintenance, increased costs, accelerated
deterioration, operational inefficiency, and potential safety concerns. City -owned building assets, including the
new $20M asset, would be compromised.
2) Contract out to a third party:
This option would be cost prohibitive. A third party service provider would incur the same personnel costs as
the City would incur with new hire. In addition, there would also be administrative costs and expenses,
Report to Common Council Page 3 of 3
Establishment Change Request - Facility Management Department
overhead, and profit applied to personnel costs and sub- contracted costs for maintenance providers (e.g.
plumbers, electricians, etc.). With an internal hire, all work would be completed at cost.
FINANCIAL CONSIDERATIONS
The proposed agreement by and between the City of Saint John and the Board of Police Commissioners provides for the
Board of Police Commissioners to pay for all costs for maintenance and operations of the Police HQ in addition to an
administrative fee for the management of said agreement by dedicated personnel of the Facility Management
Department.
Subject to the evaluation of this position, it is anticipated that the annual salary and benefits costs for the proposed
individual will be approximately $70,000. These costs are included within the existing 2012 budget envelope of the City
of Saint John Facility Management Department and the Board of Police Commissioners.
.INPUT FROM OTHER SOURCES
The Department of Human Resources and the Finance Department of the City of Saint John reviewed and provided input
into this report.
RECOMMENDATION
Your City Manager recommends that:
1) Common Council approve the addition of one (1) permanent full time position to the establishment within
the Facility Management Department.
Respectfully submitted,
Trevor L Gamblin, M.Sc.E., P.E5iVq
Manager, Facility Manage D partment
i
Gre ry J. Yeo , CrMBA
Commission a nc nistrative Services
Patrick Woods, CGA
City Manager
r
4 rb
The My of saint John
September 24, 2012
Common Council of the City of Saint John
Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole Report — Viking Fire Protection
The Committee of the Whole, having met on September 24, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that as recommended by the Committee of the Whole, having met
on September 24th, 2012 Common Council authorize payment to Viking Fire Protection
Inc. in the amount of $9,000 as the City's contribution towards an all in settlement of an
action identified by Court of Queen's Bench of New Brunswick Claim No. S/SC/698/2011
subject to the execution of a Full and Final Release that is acceptable to the City
Solicitor or his designate."
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
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The city of saint John
September 24, 2012
Common Council of the City of Saint John
Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole Report — Resignation of Building Inspector
The Committee of the Whole, having met on September 24, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that as recommended by the Committee of the Whole, having met
on September 24th, 2012, Common Council hereby accepts the submitted resignation of
William Edwards from the position of Building Inspector effective immediately."
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
SA?A T �OHN RO. [k)x "i971 SaitA IoNti, N9 Canada F2L4Li I wvAv.&J"gF)h?a.ca I CY -1971 Saint John, NA. Ganeadaa E2L4LI
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�l
The City of Saint Jobe
September 24, 2012
Common Council of the City of Saint John
Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole Report — Appointment of Building Inspector
The Committee of the Whole, having met on September 24, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that as recommended by the Committee of the Whole, having met
on September 24th, 2012, Common Council hereby appoints Amy Poffenroth to the
position of Building Inspector pursuant to Section 74(5) of the Municipalities Act,
effective immediately."
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
1;AENT 10HN P.O. Box 1971 Saint John, NB Canada F2L 41.1 I www saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
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The City of Saint John
September 24, 2012
Common Council of the City of Saint John
Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole Report — Harbourfront Residences at Three
Sisters
The Committee of the Whole, having met on September 24, 2012, directed the Clerk to
add the following proposed resolution to Council's open session agenda:
"RESOLVED that as recommended by the Committee of the Whole, having met
on September 24th, 2012, the Mayor and Common Clerk be directed to execute the
submitted easement and further; that Ellerdale Properties Limited be reimbursed 50% of
the $11,096.99 (including HST) total cost incurred for power line relocation on Prince
William Street and to forward 50% of any realized credits or savings for this work to
Ellerdale Properties Limited."
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
SA.INT 10F IN PC?. Bias "l 971 Smint Idin, h °1J Canada E2L 41.11 WMV i1Ig0 ►rt.w I CA 197.1 Saint John, N. -B. Carmd i E2L 4L1