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2013-09-23_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, September 23, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes Common Council September 9, 2013 1 -3 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Influenza Vaccines to Employees (Recommendation in Report) 4 - 5 5.2 Compensatory Storage Guideline for Flood Risk Area (Recommendation: 6 - 7 Receive for Information) 5.3 Saint John Hotel Association - Request to Meet with Committee of the Whole 8 - 8 (Recommendation refer to Clerk to schedule in Committee of the Whole) 5.4 Cherry Brook Zoo 2014 Budget and Request to Present (Recommendation refer 9-36 to 2014 Budget Process) 5.5 Sale of Freedom and Vimy Courts to Vimy Estates Inc. for Development of 37-77 Senior Apartment Complex (Recommendation in Report) 6. Members Comments 7. Proclamation 1 Powered By; $ &1BE' 8. Delegations / Presentations 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Member's Comments (Councillor MacKenzie) 11.2 Sunday Shopping Motion 12. Business Matters - Municipal Officers 12.1 Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2014 -2018) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 City of Saint John Retirees Association 16. Supplemental Agenda 16.1 Amendment to Sunday Shopping By -law (By -law Number M -32) 17. Committee of the Whole 17.1 Authorization under the Community Planning Act to issue Orders 17.2 Investigative Solutions Network Progress Report and Funding Approval 18. Adjournment 1 78-78 79-79 EMEM : City of Saint John Common Council Meeting Monday September 23, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Legal Matter 10.2(4)(g) 1.3 Employment Matter 10.2(4)0) 1.4 Legal Matter 10.2(4)(g) 9 The City of Saint John Seance du conseil communal Le lundi 23 septembre 2013 18 h Salle du conseil Comit6 pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues d Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions d cet egard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question juridique — alinea 10.2(4)g) 1.3 Question relative d 1'emploi — alinea 10.2(4)j) 1.4 Question juridique — alinea 10.2(4)g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 9 septembre 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Administration du vaccin antigrippal aux employes (recommandation figurant au rapport) 5.2 Directives concernant Pentreposage compensatoire dans les zones exposees aux inondations (recommandation : accepter d titre informatif) 5.3 Association des h6teliers de Saint John — Demande de rencontre avec le comit& pl6nier (recommandation : transmettre a la greffiere pour qu'une date de rencontre soit fixee) 5.4 Budget de 2014 et demande de pr6sentation de la part du zoo Cherry Brook (recommandation : soumettre au processus budg6taire de 2014) 5.5 Vente des cours Freedom et Vimy a Vimy Estates Inc. en vue de 1'am6nagement d'un immeuble d'habitations pour personnes ag6es (recommandation figurant au rapport) 6. Commentaires prksent6s par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques a 18 h 30 10. Etude des arret6s municipaux 11. Interventions des membres du conseil 11.1 Commentaires des membres du conseil (conseiller MacKenzie) 11.2 Motion relative au magasinage le dimanche 12. Affaires municipales 6voqukes par les fonctionnaires municipaux 12.1 Routes provinciales d6sign6es — Programme quinquennal d'am&lioration des immobilisations propos6 (2014 d 2018) 13. Rapports deposes par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Association des retrait&s de Saint John 16. Ordre du jour suppl6mentaire 16.1 Modification a 1'arret6 concernant le magasinage le dimanche (arr&6 ri M- 32) 17. Comit6 plenier 17.1 Autorisation de d6livrer des ordonnances en vertu de la Loi sur Purbanisme 17.2 Investigative Solutions Network — Rapport d'etape et approbation du financement 18. Levee de la seance 97- COMMON COUNCILICONSEIL COMMUNAL SEPTEMBER 9, 20131 LE 9 SEPTEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 9, 2013 - 6:00 P.M. Present: Deputy Mayor Rinehart Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton -and - P. Woods, City Manager; S. Brittain Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Development; A. Poffenroth, Deputy Commissioner Growth and Development; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Call to Order — Prayer Deputy Mayor Rinehart called the meeting to order and Rev. Russell Knowles offered the opening prayer. 2. Approval of Minutes On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on August 26, 2013 be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013 -193: Saint John City Market — Lord's Lobsters Ltd. and True North Salmon Co. Ltd. — Amendment to August 26, 2013 resolution of Council, the Common Council resolution of August 26`h, 2013 pertaining to a Lease between the City of Saint John and True North Salmon Co. Ltd. be amended by deleting the words "August 31, 2013" in paragraph 1 of the resolution and replacing them with "September 14, 2013 "; and That the rest of the resolution remains unchanged. 5.2 That as recommended by the City Manager, A. Collins Letter: Garbage on City Transit Bus be referred to the Transit Commission for a report. 5.3 That as recommended by the City Manager in the submitted report M &C 2013 -192: Acquisition of Land off Grantham Road for Purpose of Construction of a Detention Pond, the City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to the M &C #2013 -192 for the purchase of the fee simple interest in a portion of land, identified as being PID # 55203145, comprising 3,304 square meters + - as shown on an attached drawing titles "Millidgeville Stormwater Detention Pond Preliminary Design ", and 97- COMMON COUNCIL/CONSEIL COMMUNAL SEPTEMBER 9, 20131LE 9 SEPTEMBRE 2013 That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize the transaction. 5.4 That as recommended by the City Manager, the request from Harbour Skating Club funding request for Sponsorship be approved in the amount of $100.00. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 The Multicultural Association of Saint John Meiana Iverson gave a presentation on the mandate and programs provided by the Multicultural Association of Saint John Inc. The submitted report was received and filed. 9. Public Hearings 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Published List of Municipally Funded Entities (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that a published and regularly updated list of all entities that receive funding support and respective amount from the City of Saint John be posted on the corporate website. Question being taken, the motion was carried. 11.2 Play SJ Update (Deputy Mayor Rinehart) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the letter from Deputy Mayor Rinehart entitled Play SJ be referred to the City Manager for an update on Play SJ. Question being taken, the motion was carried. 12. Business Matters- Municipal Officers 12.1 Dever Road — Sanitary Lift Station "Y" Replacement On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -194: Dever Road — Sanitary Lift Station "Y" Replacement, the proposal for the supply of a packaged sewage lift station for the renewal of Dever Road "Y" Station, be awarded to Sansom Equipment Limited, at their submitted price of $225,152.50 including HST. Question being taken, the motion was carried. 12.2 Contract 2011 -30: Riverside Drive — Sanitary Lift Station #28, Force Main and Sewer Mr. Edwards addressed the assessment on cost from the report. 97- COMMON COUNCILICONSEIL COMMUNAL SEPTEMBER 9,2013 1 LE 9 SEPTEMBRE 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -195: Contract 2011 -30: Riverview Drive — Sanitary Lift Station #28, Force Main and Sewer, be received for information. Question being taken, the motion was carried. 12.3 Elections NB Investigation of Mail -in- Ballot for Municipal By- Elections On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report entitled Elections New Brunswick Investigation of Mail - In- Ballot for Municipal By- Elections, the letter regarding the City of Saint John's feedback on proposed changes to municipal by- elections be approved and that the Mayor and Common Clerk execute the letter and send to Elections New Brunswick. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the Common Council meeting of September 9, 2013 be adjourned and to convene immediately in Closed Session Committee of the Whole to discuss a Legal Matter 10.2(4)(8). The Deputy Mayor declared the meeting adjourned at 7:20 p.m. Mayor 1 maire Common Clerk 1 greffier communal REPORT TO COMMON COUNCIL September 16, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: INFLUENZA VACCINES TO EMPLOYEES -. The City of Saint Tohn The City of Saint John offers the seasonal influenza to its employees as part of our wellness programs. The service is provided by the VON on the City's behalf. It is necessary to enter into a formal contract with the VON to provide their vaccine services. The attached schedule addresses the VON'S concern with the possibility of Policy and Fire call outs and their staff being left idle. RECOMMENDATION: That the City of Saint John enter into a contract with the Victorian Order of Nurses for Canada - Eastern Region (VON) to administer influenza vaccines to its employees, and that the City Solicitor be directed to prepare all necessary documents and the Mayor and Common Clerk be authorized to sign all related documents. Respectfully submitted, J. Patrick Woods, CGA CITY MANAGER SCHEDULE A VON CHARGES SCHEDULE 2013 City of Saint John Rates for Vaccine in provinces in which VON must purchase Vaccine: Nurses supplies .......................... ............................... .........................$15.00 /injection Minimum 10 injections per clinic Hourlyrate .................................. ............................... .........................$72.00 TRAVEL TIME (if applicable) ........... ............................... .........................$70.00 /hour MILEAGE (if applicable) .................. ............................... .......................$0.42 /km Cancellation charge (less than 48 hours notice).or less than 50% expected participation (See clauses 6(d) and 6(e) ............ ............................... ........................$250.00 5 REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -200 September 23, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Compensatory Storage Guideline for Flood Risk Area BACKGROUND =9y City of Saint John At the July 2, 2013 meeting, Common Council requested a copy of the guidelines regarding the sale of compensatory storage after a discussion about staff's authority to approve small volumes of storage. On March 29, 1999, the following guidelines were approved by Council regarding the sale of compensatory storage under the Flood Risk Areas By -law: • The applicant must demonstrate to the Building Inspector that it is not practical to provide any or all of the compensatory storage on the property being developed; • The developer (or any affiliated company) does not own other property within or adjacent to the flood risk area upon which the necessary compensatory flood storage could reasonably be provided; • Compensatory storage must be provided within the same designated flood risk area of the displaced storage; • Sale of compensatory storage must be approved by Council; • Costs per cubic unit to the developer will vary, dependent on the specifics of each application; • Monies received by the City in the sale of compensatory storage will be used solely for March Creek flood reduction programs; • The City will at no time be in a deficit position resulting from the sale of compensatory storage with respect to flood storage capacity; R M &C2013 — 200 - 2 - September 23, 2013 • The City will not pre -sell any storage capacity in anticipation of a development; • The City is at no time obligated to sell compensatory storage to any developer. These are the guidelines staff is currently following when considering a request for the sale of compensatory storage. On July 4, 2000, Council approved an amendment to the guidelines that would allow the Building Inspector to consider and approve (or disapprove) an application for the sale of compensatory storage in amounts not exceeding 50 cubic metres. The intention of this amendment was to make the process quicker and easier for homeowners to do minor alterations to their properties, such as re- grading their yard or driveway or building a small addition to their home. The guidelines outlined above are applied to each of these requests. If the Building Inspector disapproves a request, the applicant has the option of applying directly to Council. Since these guidelines have been in place, there have been 30 instances of compensatory storage being purchased by property owners, 13 of which were for volumes less than 50 cubic metres. Staff is of the view that 50 cubic metres is still an appropriate number for Building Inspector approval, as this would cover most of homeowners' requests. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner Growth and Community Development Services Patrick Woods, CGA City Manager 7 [•r SAINT JMN WILL ASSOCIATION September 10, 2013 Members of Common Council City of Saint John P© Box 1971 Saint John, NB E21- 4L1 RE: Proposal for Tourism Services Dear Members of Common Council: PO Box 6895 Saint john, NB 12L 4s3 The Saint John Hotel Association would like to request a meeting in next closed session of council for the purpose of discussing the possible partnership and extension of tourism services provided to the businesses, citizens, and visitors to the City of Saint John. The Saint John Hotel Association has been a proud financial partner with the City of Saint John for the past three years with the establishment of Discover Saint John. The tremendous success of this partnership has led our members in recent discussions towards the possibility of expanding our partnership with the City of Saint John. We would be delighted to have a short meeting with council in closed session to share our proposal with the members and to furthermore solicit your input. We would like to request that the Executive Director and Chair of Discover Saint John also join us with these discussions. Thank you for your support and we look forward to speaking with you. Yours Sincerely, Paulette Hicks Chair, Saint John Hotel Association 61'rov)iv� otL-�on�mani-t�- t�rotlk tovriw 'Srlllitjo all] Cherry Brook- Zoo Inc. 901 Foster Thurston Dr. Saint John, NB E2K 51-19 Phone (506) 634 -1440 noahsark(a�betlahant.net ww) .cherrvbrookzooxom VANISHED KINGDOM PARK TIGER CLAWS ;MINI GOLF MUNICIPAL SPONSORS 15 Market Square PO Box 1971 Saint John, NB E21- 4L1 70 Hampton Road Rothesay, NB E2E 5L5 ANIMAL SPONSOR PROGRAM sP. TAN �SPQRTS tr 11105 2h, J,, Drive. -- - P,ddog.OA 5E003 7.11 - a, 1-2M 2904325 - N 530- 223.5387 ",1-1 -M-r9D,,M .-4 — SPART, , NSPORTS.us James Rory and Olga Grant Rothesay, NB Anonymous Rothesay, NB Mr. Jonathon Taylor Common Clerk City of Saint John P(3 Box 1971 Saint John, NB E21, 4V 1 September 10, 2013 Dear Mr. Taylor, Please find enclosed from the Cherry Brook Zoo Incorporated a copy of documents sent to His Worship the Mayor Mel Norton and Members of Common Council for your information. If you have any questions please do not hesitate to contact me. We would request to appear before Council to make a short presentation to Mayor and Council. I would appreciate it if you would see that the information we have put together are made available to His Worship the Mayor and Members of Common Council. Thank you for your assistance in this matter. Sincerely Lynda Collrin BSc, MSc Volunteer Director Zoo Development I Primatologist Cherry Brook Zoo Inc. A R egisiered Incorporated ivon- Profa iiiariiable 0i'--,,antza6L)n 1977 i *, s r Protecting and Preserving our World's Animal Species for Future Generations A Registered Non - Profit Charitable Organization BUDGE )U ) TQ THE C J1'_W OF S)A M T JOHAV - -2, -0) 14 Cherry Brook Zoo Inc. Summary Statement of Operating Revenues & Disbursements new format Budgets Years : 2012, 2013, 2014 Budget Budget Operating/ YE Budget Budget Budget Submitted Forecast Audited Forecast Forecast Forecast 2012 2012 2012 2013 2014 2015 Revenues Gate Income/ Friends of the Zoo $ 150,000.00 $148,500 $135,000 $143,000 $145,000 $145,000 Donations $ 40,000.00 $50,000 $61,000 $55,000 $60,000 $60,000 Donations In Kind non cash $12,381 $12,000 $12,000 $12,000 Spec. Event - Fund Raising $ 45,000.00 $48,000 $49,509 $49,000 $50,500 $50,500 Retail Sales $ 34,000.00 $34,000 $25,888 $27,400 $30,000 $30,000 Food Services $ 30,000.00 $14,000 $13,986 $14,000 $14,000 $14,000 Miniature Golf $ 12,000.00 $10,000 $7,912 $7,900 $8,000 $8,000 Grant City of Saint John $60,000 $60,000 $100,000 $100,000 Grant Town ofQuispamsis $0 $5,000 $0 $5,000 $5,000 $5,000 Grant Town of Roth esay $7,546 $7,564 $7,654 $7,654 Student Grant Provincial Government $21,250 $10,625 $10,625 $10,625 Student Grant Federal Governmant $0 $11,818 $11,818 $11,818 Student Aboriginal People's Council $0 $0 Grant Workability $4,480 Other Income $2,596 Interest Subtotal revenue $ 311,000.00 $304,500 $28 $402,096 $407,787 $454,597 $454,597 Wages /Employee Benefits $ 224,500.00 $225,500 $250,498 $255,000 $255,500 $255,500 Heat /Lights /Power $ 20,500.00 $19,856 $21,453 $21,453 $21,500 $21,500 Vehicle Costs (gas, repairs, ins) $ 15,000.00 $15,000 $15,066 $15,000 $15,000 $15,000 Animal Feed $ 18,000.00 $19,000 $17,092 $17,000 $17,000 $17,000 Retail purchases $ 15,000.00 $15,000 $12,932 $12,400 $13,000 $13,000 Accreditation Insurance (property & liability) $ 11,000.00 $11,000 $3,014 $10,381 $11,000 $11,000 $11,000 Advertising & Promotion $ 8,000.00 $8,000 $6,563 $8,000 $8,000 $8,000 Office & Administration $ 15,000.00 $15,000 $19,681 $15,000 $15,000 $15,000 Animal Purchase $ 10,000.00 $8,000 $0 $8,000 $8,000 $8,000 Bank Charges - all accounts $ 4,200.00 $4,200 $3,794 $3,900 $3,900 $3,900 Interest on long term debt $301 $301 Dues and Memberships $ 3,600.00 $4,500 $2,990 $4,000 $4,500 $4,500 Fundraising/Special Events $ 5,000.00 $5,000 $4,948 $5,000 $5,000 $5,000 Animal Care - medical $ 7,000.00 $7,000 $6,195 $7,000 $7,000 $7,000 Professional Fees $ 6,000.00 $7,500 $5,868 $6,000 $6,000 $6,000 Repairs & Maintenance $ 28,500.00 $26,000 $28,955 $26,000 $26,000 $26,000 PropertyTaxes $ 8,300.00 $10,035 $10,000 $10,300 $10,300 $10,300 Telephone Services /Telecommunication $ 5,500.00 $5,500 $6,686 $6,650 $6,650 $6,650 Training & Development $ 5,000.00 $4,500 $4,562 $4,500 $4,500 $4,500 Food Services $ 10,000.00 $5,000 $4,380 $4,500 $5,000 $5,000 Miscellaneous $ 1,000.00 $1,000 $4,999 $1,000 $1,000 $1,000 Amortization non cash $11,896 $11,800 $11,800 $11,800 Sub total disbursements $ 421,100.00 $416,591 $452,254 $453,804 $455,650 $455,650 Sub total revenue $ (402,096) $ (407,787) $ (454,597) $ (454,597) Year End/ Deficit $ (54,650) $ 120,216 $50,158 $ 46,017 $ 1,053 $ 1,053 Bequest Cherry Brook Zoo 2013 Budget Rationale: Operational Revenue BUDGET LINE NOTES Summary statement /totals for Revenue includes: (a) Wage reimbursement amounts for summer students from Provincial, Federal and Aboriginal programs plus Workability (2013 = $34,469.). This is essentially a "money in /money out "item. b Dollar value of volunteers — approximately 5000 man hours are () donated annually in support of zoo activities especially in positions related to revenue - generating special events, repairs and maintenance, catering and animal enrichment. Grants from the City of Saint John for 2012 and 2013 are placed in the revenue column of the budget sheet to show impact on the net operational deficit. Similarly donations from the towns of Rothesay and Quispamsis are shown for the years granted. The Zoo Board has been undertaking a renewed revenue analysis with a focus on deficit reduction, rebuilding and sustainability. The intent is General Notations development of a new fundraising strategy with concentration on raising the levels of donations and initiating new, sustainable fund raising events. As you will note our request for funding has gone down from $120,000.00 to $100,000.00. Because new strategies are in the start -up phase ongoing in 201312014, it has shown some impact in revenues at this time. As a result the operational budget submission does reflect a $20,000.00 decrease in requested grant. Budgets for years 2013 — 2014 are based on the historical revenues and disbursements for 2012, plus or minus 2.5% and subject to adjustment of city grant. A new strategic growth plan has been written and with the City of Saint John's assistance in increased operational grant we can begin a capital fund raising campaign to bring these plans to fruition. Final visitation numbers and gate revenue is expected to be up from 2012 audited figures in 2013 depending on weather. Like a majority of attractions and tourism operators in the province, especially outdoor venues, the record number of rain days has negatively impacted attendance at Cherry Brook Zoo. Gate Revenue & A rainy spring in 2012 saw a drop in visitation. In 2013 a rainy spring and Visitation late summer saw a drop in visitations and would have had a more significant impact on gate revenue but visitation showed a marked increase in late July and August which helped mitigate losses in spring. Continued... Gate Revenue & Visitation Social media has shown a noticeable increase including but not limited to our Website, Facebook, Linkedln, Twitter, etc. we feel social media is a prominent way to advertise the zoo and will be utilized further in the coming years. Though time consuming this avenue of media has proven to be beneficial in bring awareness to the Zoo. Special events have shown an increase over 2012 budget submissions and we will continue to develop new events and expand on our events already in place. It would be beneficial if weekend and holiday bus routes were included during the late spring and summer months_ We are working on an off season initiative partnering with the PALS Program and Day Tripping that may see an increase in groups visitation. YIE 2012 audited figures indicate the amount for general donations (monthly sponsor amounts, other cash donations, and Major Animal Sponsorship Program) was $61,000.00 and in kind $12,381.00.) This represents an increase over the previous year. Recognizing the often unpredictable nature of donations, and the growing competition in Greater Saint John for donation dollars, for the current fiscal year a donation revenue line of $55,000 was submitted. We now anticipate that this will be attainable. For year 2014, we feel it is reasonable to again predict an increase and feel the new fundraising initiatives have significantly impacted this figure. There were no estate bequests in 2013 hence any increase in the Growth Donations and Enhancement Fund. While this Fund is intended for capital expenditures, a Board resolution allows for its use when required to offset annual operational deficits. Unfortunately, this has been the case for the past decade — money intended to `grow the Zoo' and replace aging structures has be used for operational deficit funding. In the past seven years approximately $540,000 has been taken from the Growth & Enhancement Fund for purposes of deficit reduction, an amount that would have been sufficient to build a much needed new primate house and to seek matching funds for other growth items in our strategic plan ... this would have had a significant impact on visitation numbers and hence revenue. To date all of our efforts have gone into keeping open, maintaining standards and deficit funding. While an increase in retail sales had been anticipated in 2012, the lower visitation numbers due to weather also negatively impacted this source of revenue. There is a direct link between visitation and sales. Forecasts for Retail Sales 2013 show an increase and finding new sources for new stock should assist in reaching a higher retail sales number for 2013. It should be noted that no monies are put aside for stock purchases at year end but all profits are used directly for operational funding. Deficit funding will need to be covered by withdrawl from the Growth and Enhancement Fund placing it at a dangerously low level for any future deficit reduction let alone allowing for even a minimum of infrastructure upgrade. With an increase of funding from the City of Saint John we can look to the future and begin capital fundraising and grow with the City of Saint John and work to secure a reasonable foundation of funding for the zoo. Revisions to the Strategic Plan have been made and we would like to discuss them with you. The Zoo audited budget for Y/E 2012 shows a dramatic drop, due mainly to drastic cut in seminar bookings, and no canteen services opened for summer season. Discussion with city staff over reasons for the decline in seminars indicate no dissatisfaction with the Zoo services but rather an overall decline in the city seminar /meeting schedules. While an increase in the number of birthday parties has had some minor Food Services mitigating effect on lost revenue, it is apparent that the Zoo will need in 2014 to greatly increase its profile among other businesses and organizations needing affordable, enjoyable facilities. We anticipate these efforts should restore the revenue line. We are devising a planned campaign to companies that require meeting facilities and food services in the fall 2013 to target market to them our seminar and catering facilities. The new Board is very cognizant of the challenges placed on local fundraising by the impact of much larger entities with great fundraising budgets. Because all draw "from the same pool' of generosity in Greater Special Saint John, the success of one may impact another. That being said, it is Event/Fundraising felt that the Zoo must become more aggressive and focused on annual fundraising, and begin structuring plans for a future capital campaign as well, This could significantly alter future budget forecasts. The zoo must find new revenue streams in the future which are an integral part of our new growth strategy Deficit funding will need to be covered by withdrawl from the Growth and Enhancement Fund placing it at a dangerously low level for any future deficit reduction let alone allowing for even a minimum of infrastructure upgrade. With an increase of funding from the City of Saint John we can look to the future and begin capital fundraising and grow with the City of Saint John and work to secure a reasonable foundation of funding for the zoo. Revisions to the Strategic Plan have been made and we would like to discuss them with you. Cherry Brook Zoo 2012 Budget Rationale: Operational Disbursements BUDGET LINE NOTES This budget line reflects costs for full -time and part-time staff and summer students. In order to make some reduction in costs, the decision was made to reduce the employee benefits plan by eliminating vision care. In addition, increases in minimum wage make any reduction unlikely. Minimum wage has risen approximately 35% in the past five years. Although it might appear that the percentage of wage - related costs to overall Wages, MERCs expenditure (51 %) is high, it is because everything possibly has been trimmed from & Benefits the remaining expenditures thus driving up the percentage. The zoo staff continues to be at a minimum number of employees for safe operation and adequate care of the animals. Staff levels are far less than even a decade ago which is felt most strongly in the areas of maintenance and security personnel. Staff is paid at rates below industry standards and no overtime which is often required is paid. The 2014 focus on new programs and fundraising will link any additional staffing costs to amounts to be generated and an increase in volunteer support where possible. Due to being in a deficit position, the Zoo did not make any animal purchases as budgeted in 2012. For 2013, a budget amount was set at $8,000 to replace aging stock that had died and to provide mates for single animal exhibits. The Board felt it essential to bring in animals to maintain the Zoo collection. At the same time, on the advice of its Directors, the Board supported a move toward making Cherry Brook Zoo an expanded breeding facility. It is felt these will lead the zoo to move forward as an attractive tourism /community moves asset in Greater Saint John. Recognizing the financial restraints imposed by lower than expected the Directors worked tirelessly to obtain the maximum benefit from revenues, limited dollars. Through stringent negotiation, and trading on its excellent Anima[ reputation with other Canadian Zoos, Cherry Brook Zoo will be able to acquire Purchases a Siberian Tiger through the International Species Survival Program including transport, and will work to acquire additional animal species to increase animal populations as designated species become available. Our desire to work within the realm of international SSP's to continue conservation of endangered animal species costs monies that cannot be recouped but rather encompasses the work of Conservation, Education, Study. The involvement of the Cherry Brook Zoo of Saint John in international conservation and study puts not only the Cherry Brook Zoo on a global platform but the City of Saint John as well. As a globally recognized facility for its work and research with these species reflects that the City of Saint John is indeed a Renaissance city that while industrial in nature is also one that has a much broader spectrum. This is a tangible public relation aspect for our city and recognition that can only reflect on our city's well rounded influence in a global market. It is in fact a marketing asset that propels the City of Saint John into the international arena. All data bases on a global nature of SSP's are listed as Saint John Zoo. Our goal in the near future is to bring in new Golden Lion Tamarin (SSP) for breeding; a new Lemur species for breeding (SSP) and to expand research Continued... and study on the many SSP animals that we work with. The Saint John Zoo as we are recognized in these global initiatives is already recognized for our work Animal in research of all Tamarin species and noted as experts in the field of Purchases primates. We will be working on a new study on Siberian Tigers as new information has come to light regarding this SSP and Cherry Brook Zoo will be in the forefront of new medical information. The 2012 budget line for repairs and maintenance were increased in 2012 to allow upgrades for our accreditation inspection. There is a great need to continue repairs and maintenance and this budget line is integral to the upkeep of aging structures. Repairs & It should be stressed that this figure does not represent any "new" building" Maintenance but merely attempting to maintain adequate operational facilities. Stabilized funding would allow the Zoo to increase this budget line which would do much to enhance visitor experience and animal enrichment. If stabilized funding is allocated the Cherry Brook Zoo can then look to its strategic plan for new buildings and expansion of its facilities to enable us to increase animal species as well as implement new visitor opportunities. Cherry Brook Zoo continues to promote its operation through paid memberships in the following organizations (some prior memberships were not renewed in order to trim budget) • Saint John Board of Trade • Discover Saint John Professional Membership Fees paid at the national /international level include Memberships the following: • CAZA, Canadian Association of Zoos and Aquariums - paid • AZA, American Association of Zoo and Aquariums — member paid • WAZA, World Association of Zoos and Aquariums — no charge • NARG, Nutrition Advisory& Research Group (for Canadian zoological institutions) — no charge research • IUCN, International Union for Conservation of Nature -- through CAZA • IPPL, International Primate Protection League — no charge research • ARKS, Animal Record Keeping System, (Global )- no charge • ZIMS, Zoological Information Management System, (Global) - paid For year 2012, another reduction (from $8000. to $6593.) in this line was made for two reasons: 1. Continuous poor weather made short-term advertising less cost - effective 2. Decreased gate revenue combined with increased costs in other budget lines made it essential to cut discretionary dollars to avoid an even larger deficit. We have been fortunate that free printed material and stories has been provided by the Telegraph Journal for our Special Events as well as a monthly column in 4ssekage Publishing, free advertisements that includes upcoming special events as well as Animal of the Month and that radio stations have Advertising & been generous in supplying PSA's. The mobile sign at the front of the zoo is Promotion donated and allows us to change upcoming programs and events. These in combination with paid advertising and social media have made it possible to have some reach in advertising. We do also put an ad in our local Saint John Tourism Guide. 2013 will see an increase in this disbursement to facilitate awareness of birthday parties, seminars and new special event planned for the fall. But is still leaves little room for paid advertising. For example, the Zoo has not been able to afford to advertise in the provincial tourism guide for many years. In 2014 we hope to once again join Cruise Saint John and place advertising in the terminals Community Partnerships: We support our communities • Cherry Brook Zoo continues to be a community partner, contributing both financial sponsorship and in -kind support (Zoo Passes, Mini Golf Passes, and auction prizes) to a wide range of organizations and to area fundraisers including: • Family Plus • Saint John Police /Sea Dogs Charity Baseball • Big Brothers — Big Sisters • Multicultural Association • St. Joseph's Hospital Foundation (Dragon Boat Races) • Pro Kids • Hestia House • Regional Hospital Foundation (various programs) • Breast Cancer Research Fundraising • IWK Fund Raiser School Fund Raisers for various Districts 6 & 8 schools Community • The Food Bank Partners • A large number of individual community fund raising events • UNBSJ Cherry Brook Zoo Zoological Award • District 6 & 8 Student Co -op Student Development Cherry Brook Zoo of Saint John Inc. Financial Statements December 31, 2012 W,dshaw & AssoclatesProfesszona1Corpomtion P.O.. Box 519, Main Post Office Saint John, N.B. E2L 3Z8 Telephone: (506) 8493956 Fax: (506) 849 -3966 May 15, 2013 Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc. I have audited the accompanying financial statements of Cherry Brook Zoo of Saint John Inc. which comprise the statement of financial position as at December 31, 2012, and the statements of revenue and expenditures, changes in net assets and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility far the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian Accounting Standards for Not -For -Profit Organizations, 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. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I 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 upon the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified audit opinion. Basis for Qualified Opinion In common with many charitable organizations, the organization derives part of its revenue from the general public in the form of donations and bequests, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, my verification of these revenues was limited to the amounts recorded in the records of the organization and I was not able to determine whether any adjustments might be necessary to revenues, excess of revenue over expenses, and net assets. Wibhaw & Assoerates Professional Corporation Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc. (continued) Comparative Information Without modifying my opinion, I draw attention to note 3 to the financial statements which describes that the organization adopted Canadian Accounting Standards for Not - For -Profit Organizations (ASNFPO) on January 1, 2012 with a transitions date of January 1, 2011. These standards were applied retrospectively by management to the comparative information in these financial statements, including the statements of financial position as at December 31, 2010 and January 1, 2011, and the statements of revenue and expenditures and changes in net assets and cash flow for the year ended December 31, 2011 and related disclosures. I was not engaged to report on the restated comparative information and, as such it is unaudited. Qualified Opinion In my opinion, except for the possible effects of the matter described in the Basis for Qualified Opinion paragraph, the financial statements present fairly, in all material respects, the financial position of Cherry Brook Zoo of Saint John Inc. as at December 31, 2012, and the results of its operations for the year then ended in accordance with Canadian Accounting Standards for Not - For -Profit Organizations. Chartered Accountant Cherry gook Zoo of Saint John Inc. Statement of Financial Position As at December 31, 2412 Assets Current assets Cash Term deposits (note 7) Accounts receivable Interest receivable HST recoverable Inventory Property, plant and equipment (note 6) Liabilities Current liabilities Cheques in circulation Accounts payable and accrued liabilities Payroll remittances payable Current portion of long -term debt Long -term debt (note 7) Net assets Restricted Una restricted Approved by the Board of Directors 2012 2011 Operating Restricted Fund Funds Total Total $ $ $ $ 2,355 - 2,355 19,811 - 66,466 66,466 103,300 3,000 - 3,000 657 - 235 235 427 2,343 - 2,343 2,823 8,023 - 8,023 7,739 - - - 1,416 15,721 66,701 82,422 134,757 15,298 - 15,298 27,194 31,019 66,701 97,720 161,951 - - - 11,988 14,903 - 14,903 11,555 4,590 - 4,590 5,928 1,416 - 1,416 5,430 20,909 - 20,909 34,901 - - - 1,416 20,909 - 20,909 36,317 - 66,701 66,701 247364 10,110 - 10,110 (121,730) 10,110 66,701 76,811 125,634 31,019 66,701 97,720 161,951 Director Wilshaw & Associates Professional Corporation Director Cherry Brook Zoo of Saint John Inc. Statement of Changes in Net Assets For the year ended December 31, 2012 Net assets — Beginning of year Excess revenue (expenditures) for the year Inter -fund transfer Net assets — End of year Wdshmv & Associates Professional Corporation (50,158) 1,335 (48,823) (43,971) 181,998 (181,998) _ _ 10,110 66,701 76,811 125,634 2012 2011 Operating Restricted Fund Funds Total Total (121,730) 247,364 125,634 169,605 (50,158) 1,335 (48,823) (43,971) 181,998 (181,998) _ _ 10,110 66,701 76,811 125,634 Cherry Brook Zoo of Saint John Inc. Statement of Revenue & Expenditures For the year ended December 31, 2012 Revenue Gate Donations Special events Retail sales Food services Mini Golf Friends of the Zoo Grant - City of Saint John Grant - Town of Quispamsis Grant - Town of Rothesay Student Grant - Provincial Government Student Grant - Federal Government Student Grant - New Brunswick Aboriginal Peoples Council Workability Other income Interest Expenditures Wages and benefits Heat, light and power Vehicles Feed Retail purchases Accreditation Insurance Advertising and promotion Office expenses Animal purchases Bank charges and interest Interest on long -term debt Dues and memberships Special events Animal care Professional fees Repairs and maintenance Property tax Telecommunications Travel and training Food services Miscellaneous Amortization Excess revenue (expenditures) for the year Wilshmix & 4s.vociates Professional Curporation - - - 9,856 1,993 2,596 - 2,596 2,050 28 1,335 1,363 1,949 402,096 1,335 - 403,431 458,749 250,498 2012 2011 Operating Restricted - 2.1,453 19,856 Fund Funds Total Total $ S $ S 117,698 - 117,698 118,741 77,639 - 77,639 100,181 49,508 - 49,508 48,231 25,888 - 25,888 28,538 13,986 - 13,986 22,682 7,912 - 7,912 8,760 13,045 - 13,045 15,218 60,000 - 60,000 60,000 2,990 - 2,990 5,000 5,000 - 5,000 11,000 7,546 - 7,546 10,110 21,250 - 21,250 14,440 - - - 9,856 1,993 2,596 - 2,596 2,050 28 1,335 1,363 1,949 402,096 1,335 - 403,431 458,749 250,498 - 250,498 272,807 21,453 - 2.1,453 19,856 15,066 - 15,066 16,782 17,092 - 17,092 18,577 12,932 - 12,932 12,595 3,014 - 3,014 265 10,381 - 10,381 9,609 6,563 - 6,563 7,283 19,681 - I9,681 22,378 1 1,235 3,794 - 3,794 5,154 301 - 301 659 2,990 - 2,990 3,082 4,948 - 4,948 13,484 6,195 - 6,195 5,614 5,868 - 5,868 7,739 28,955 - 28,955 27,370 10,000 - 10,000 9,343 6,686 - 6,686 5,179 4,562 - 4,562 4,758 4,380 - 4,380 13,355 4,999 - 4,999 3,700 11,896 - 11,896 11,896 452,254 - 452,254 502,720 (50,158) 1,335 „ (48,823) (43,971) Cherry Brook Zoo of Saint John Inc. Statement of Cash Flows For the year ended December 31, 2012 Cash provided by (used in) Operating activities Excess revenue (expenditures) for the year Item not affecting cash Amortization Changes in non -cash working capital balances Accounts receivable Interest receivable HST recoverable Inventory Accounts payable and accrued liabilities Payroll remittances payable Investing activities Decrease in term deposit Financing activities Repayment of long term debt Cheques in circulation Interfund loan Increase (decrease) in cash Cash — Beginning of year Cash — End of year Wilshavv & Associates Professional Corporation (2,343) - (2,343) 2012 2011 192 159 480 - Operating Restricted (284) - (284) Fund Funds Total Total (1,338) - (1,338) 8) 38,399 1,527 (50,158) 1,335 (48,823) (43,971) 11,896 - 11,896 11,896 (38,262) 1,335 (36,927) (32,075) (2,343) - (2,343) 4,042 - 192 192 159 480 - 480 2,059 (284) - (284) 3,180 3,348 - 3,348 4,528 (1,338) - (1,338) 8) 38,399 1,527 36,872 _J2_1 18,325 36,834 36,834 37,893 (5,430) - (11,988) - (5,430) (11,988) (5,071) (6,145) 38,361 (38,361 ) - 20,943 (38,361) (17,418) (11,216) (17,456) - (17,456) 8,352 19,811 - 19,811 11,459 2,355 - 2,355 19,811 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2012 Purpose of organization The Cherry Brook Zoo of Saint John Inc. is a non -profit organization committed to maintaining accreditation standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of conservation, research, education and recreation. The Cherry Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not - for - profit organization. The organization is registered as a charitable organization under the Income Tax Act of Canada and, as such, is exempt from income taxes. 2 Going concern The accompanying financial statements have been prepared using Canadian Accounting Standards for Not -For —Profit Organizations applicable to a going concern. The use of such standards may not be applicable because the organization has operated at a deficit for a number of years and despite a renewal of an operating grant from the City of Saint John it has significantly depleted its internally restricted fund which was established in 2005 when the Zoo received bequests of $415,000. Management is currently taking steps to secure additional stable long term funding and is confident that it will be able to secure appropriate funding and to control operating costs and cash flows to enable it to continue as a going concern. Accordingly, these financial statements do not reflect adjustments to the carrying value of assets and liabilities, the reported revenues and expenses and balance sheet classifications used that would be necessary if the going concern assumption were not appropriate. 3 Adoption of Canadian Accounting Standards for Not -For- Profit Organizations Effective January 1, 2012 the organization adopted the requirements of the Canadian Institute of Chartered Accountants (CICA) Handbook — Accounting, electing to adopt the new accounting framework; Canadian Accounting Standards for Not - For - Profit Organizations. These are the organization's first financial statements prepared in accordance with these Canadian Accounting Standards for Not - For -Profit Organizations which have been applied retrospectively. The adoption of these accounting standards had no effect on previously reported assets, liabilities and fund balances. An opening balance sheet at the date of transition to Canadian Accounting Standards for Not- Far -Profit Organizations has not been presented as no adjustments were required. Wilsha , R Associates Professional Corporation Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2012 4 Summary of significant accounting policies Fund accounting Revenues and expenses related to operations and zoological park and administrative activities are reported in the Operating Fund. The restricted fund was initially set up in 2005 when the Board of Trustees internally restricted $415,000 of bequests received during the year. These restricted funds have been designated as a contingency fund that may be used under certain circumstances for operational items as determined by the Board of Trustees. Revenue recognition The organization follows the deferral method of accounting for contributions Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Investment income is recognized as revenue of the appropriate fund when earned. Grant revenue, gate fees and retail sales are recognized as revenue of the Operating Fund when received or receivable. Volunteers' time contributions are not recognized in the financial statements due to difficulty of determining their fair value. Donated materials and services Donated materials and services are recorded at fair market value where the value can be reasonably determined. Inventory Inventory is stated at the lower of cost and net realizable value. Use of estimates The preparation of financial statements in conformity with Canadian Accounting Standards for loot- For - Profit Organizations requires management to make estimates and assumptions that affect the reported amount of assets, liabilities, revenues and expenses. Estimates are used for, but not limited to, accounting for doubtful accounts and amortization. Actual results could vary from those estimates. (2) Wilshaw & Associates Professional Corporation 5 6 Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2012 4 Summary of significant accounting policies (continued) Property, plant and equipment Asset additions fully financed by current revenue are expensed in the year of purchase. Other property, plant and equipment are stated at cost less applicable government assistance and capital donations applied. The cost of assets purchased and expensed to date is $1,938,301 (2011 — $ I,938,301). Amortization is provided for on property, plant and equipment using the following annual rates: Building, enclosures and site improvements 5% straight -line Equipment 20% declining balance Vehicles, Mini Golf and displays 20% straight -line Zoo animals Zoo animals are expensed in the year of acquisition. Financial Instruments and Risk Management The organization's financial instruments consist of cash and term deposits, receivables, accounts payable and long -term debt. Unless otherwise noted, it is management's opinion that the organization is not exposed to significant interest, currency or credit risks arising from these financial instruments. The fair value of receivables and accounts payable approximates their carrying values, due to their short-term nature. Property, plant and equipment Cost Buildings, enclosures and site improvements 163,247 Equipment 8,385 Vehicles 27,829 Mini Golf 26,061 Displays 5,590 2012 Accumulated 2011 Amortization Net Net $ $ $ 163,246 1 1 8,385 - - 16,441 11,388 16,953 22,152 3,909 9,122 5,590 - 1.118 231,112 21 5,814 15,298 27,194 Wilshavi� & Associates Professional Corporation (3) Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2012 7 Long term debt Term loan of $20,000 with interest at 6.85% repayable in monthly instalments of $478 including interest, due March 04, 2013. Less: Current portion Term deposits in the amount of $25,000 are pledged as security on the loan. 2012 2011 1,416 6,846 1,416 5,430 - 1,416 Wilshaw & Associates Professional Corporation (4) °z N � n@ H N H Q� OZ) dd 2 _Q P +Z Q U< aA qa zz 4d4 1 0 U < N u0 y •ice t/1 (D C) U z 0 0 N Y- 0 a m 1010-0/ Q1 W i C) -�-i 0 V L) yssrr ■ s�ess ■ srr� a) C) (W)�/ F y •ice t/1 (D C) U z 0 0 N Y- 0 a m 1010-0/ Q1 W i C) -�-i ♦rte V L) yssrr a) C) (W)�/ y •ice t/1 (D C) U z 0 0 N Y- 0 a m 1010-0/ Q1 W i C) CD N r L U X 4- (6 0 �I N C C C C O O CD CU L C � N ca E C O C 0 [Q Uy (D E U E U O Q � 0 � /W�( C) C) E W W 0 �- nQ C) }� w Q ,w cn 0 VJ 4 YJ `aDW 0 0) z ~ 0 0 rrrr� i W U) Z cn ca ® p W W 0 �(D W 2 CD N r L U X 4- (6 0 �I N C C C C O O CD CU L C � N ca E C O C 0 [Q Uy (D E U E U O Q � x 0 c W U z H x� ao 0 wj o 00 z _ LO .o W � U� N IJU U� b � � o o� U� 0 c U a c G 7 vow Yv-4na 0,0 fL' C�0'Y►�/ Ci+G��Y�flr/e ��u�a /rum ,�,��r�zrn u.};�'��14 'c'�rl; Cus h y , 4, l ur �c� o /0f 4-c),- � tpc�c�h o/- Yl�LZ C r1 cf Z.Cy, %�c:c� 141rn& nrru 1717 e- QS C�i2G� tf uSfir� Ire- 11Y1C.c e,fe a ei'l`r� c a 17 wtr/ lW il,el- Ar ,O pal 1` f - b / ' �i "� 3) 1)3 �`t� Canadian Student Summer lobs Cherry Brook Zoo To whom it may concern, I was employed by the Cherry Brook Zoo in Saint John, New Brunswick for ten weeks this summer through the Canadian Student Summer Jobs program. I was very pleased to have the opportunity to work in a job so closely related to my intended field of study in veterinary medicine and was pleased even more to have had such an easy time to enjoy the work during my stay at the zoo. Working with animals is a very rewarding job by itself but the job was made all the more enjoyable by the staff of the zoo that provided a very positive work environment that allowed for the ease in understanding of the daily work routine. The Staff was of friendly character, which made coming to work enjoyable and aided in making for a productive work day. The zoo provided constant educational opportunities for both animal knowledge and general knowledge such as skills learned through maintenance, customer interactions, and summer projects. I was most impressed by the interactions with the surrounding community that included many professionals that in turn provided further opportunities in my education. My overall experience was something I count as greatly beneficial in furthering my goals in higher education as well as creating long lasting friendships and connections that I will consider to be important in my future undertakings. OF__.. J Be . min Allan Fitch Cherry Brook Zoo Canadian Summer Student Jennifer Hutchison Zoo Camp Counselor 29 August 2013 This past summer I had the opportunity to be a Camp Counselor at the Cherry Brook Zoo, Saint John, NB. My summer at the zoo was wonderful and I enjoyed my experience immensely. This has been my second summer working at zoo camp. This year I had the pleasure of getting to know the zoo staff even better. I spent my days supervising children 5 to 12, coming up with games, activities and Iessons each week. I along with the other two counselors adapted our weekly plans based on the age and skill level of the children coming that week. We spent most of days making crafts and playing games outdoors. One of the highlights of week was interacting with the animals. We worked with the zoo keepers to feed the animals and it was always one of the most enjoyable experiences with the kids. My responsibilities included not only watching the children but helping them learn not only about animals but about things like poaching and extinction. I did not only enjoy getting to know the staff of Cherry Brook Zoo but I also enjoyed getting to know the animals and learning more about each species and their unique features. Learning more about endangered and extinct animals and how the zoo works to help these species was an eye opening part of my summer. The children that come to zoo camp are some of the best kids around, so getting to know them all this summer was another great part of my experience. The kids that attend zoo camp come back year after year because they not only love the animals at the zoo, but they love the zoo staff as well. Coming to the Cherry Brook Zoo is like entering a family you never want to leave, and because of this I enjoyed my summer very much and I know all the kids did too. dc vw-w ku—i r eil c- w- , �,q 9 c cf,--an,( n- 'A ivuL zC-10 CA-� oves Mon ?Dc) c_nd at c- Lo C-C)C C� ,& CC-Alf Y-YLP, rc� i- UY) 00 V)Pkp VYLI-- <,)p -, jp n ��U T() a ( - & 0 "/) I -A C- n c) REPORT TO COMMON COUNCIL M & C #2013 -202 September 17, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Freedom and Vimy Courts to Vimy Estates Inc. for Development of Senior Apartment Complex BACKGROUND: City of Saint John It is expected that by September 30, 2013, the proponent, Vimy Estates Inc. will have acquired from the Province a 1.2 hectare (3 acre) parcel of land, located east of Churchill Boulevard and south of Somerset Street. The proponent intends to develop a seniors multi -unit residential building on the site with possible future buildings as well. It has received approval from the Planning Advisory Committee for its development proposal. Forming part of the site to be developed are recently closed Vimy and Freedom Courts. ANALYSIS: City staff has negotiated with Vimy Estates Inc. the need to extend a newly aligned Freedom Court to the rear of their property which abuts adjoining City owned land. As part of its approved 2013 General Capital Budget, the City has committed up to a maximum. of $100,000.00 towards the cost of re- aligning and reconstructing Freedom Court with Vimy Estates Inc. who will contribute no less than $120,000.00 to the cost for the new street. The attached Purchase and Sale agreement has been agreed to by the Purchaser. It provides for an amount of $4,953.00 for the sale of the closed Vimy and Freedom Courts to Vimy Estates Inc. and it also addresses the parties' responsibilities toward the construction of the new Freedom Court. If Council is in agreement with the attached Purchase and Sale document, the recommendation contained in this report will facilitate the conveyance of the closed Vimy and Freedom Courts to Vimy Estates Inc. Sale of Freedom a n d Vimy Courts - 2 - September 23, 2413 RECOMMENDATION: That The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to this M & C #2013 -202 for the sale of two parcels of land (formerly Vimy and Freedom Courts), identified as being PID# 55221352 and 55221543, comprising a combined total area of 1,339 square metres ±, and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, +Curtis Langille, Zrving, BBA Real Estate Of comer Manager Real EstE Greg X&Ylans, CGA, MBA Patrick Woods, CGA Com i loner City Manager Fina and Administrative Services Attachments CL/c. N L CO L E L 0 LL 0 3 H 0 a� cn IT N r Lf] V' r° (*7 T T Q C .L LL THIS AGREEMENT made in duplicate this day of September, 2013, BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, (the "Vendor ") OF THE FIRST PART - and - VIMY ESTATES INC., a body corporate duly incorporated under the laws of the Province of New Brunswick, maintaining its head office in the Town of Rothesay, in the Province of New Brunswick, (the "Purchaser ") OF THE SECOND PART WHEREAS the Vendor is the owner of the lands and premises described in Schedule "A" attached hereto identified by Service New Brunswick as PID Numbers 55221352 and 55221543 (the "Purchased Lands ") and has agreed to sell and convey the Purchased Lands to the Purchaser, and the Purchaser has agreed to purchase the Purchased Lands from the Vendor on the terms and conditions set forth in this Agreement; AND WHEREAS the Purchaser intends to develop and construct upon the Purchased Lands and lands adjacent to the Purchased Lands mixed income seniors' apartment buildings (the "Project "); NOW THEREFORE in consideration of the mutual covenants and agreements set forth in this Agreement, and for other good and valuable consideration, (the receipt and sufficiency of which is hereby acknowledged), the parties hereto covenant and agree as follows: Article I - Inter retation 1.1 Definitions The terms defined herein shall have, for all purposes of this Agreement, the following meanings, unless the context expressly or by necessary implication otherwise requires: "Adjustments" means the adjustments to the Purchase Price provided for and determined pursuant to Section 3.3. "Agreement" means this Agreement of Purchase and Sale and the Schedules attached hereto as amended from time to time in writing by the parties hereto. 2 "Business Day" means any day other than Saturday, Sunday or a statutory holiday in the City of Saint John, New Brunswick. "Chief City Engineer" shall mean the City of Saint John Common Council appointee or his designate. "City" means The City of Saint John. "Closing" means the closing on the Closing Date of the transaction contemplated by this Agreement, including without limitation the payment of the balance of the Purchase Price and the delivery of the Closing Documents, at the offices of the Vendor's Solicitors. "Closing Date" means the 15th day of October, 2013. "Closing Documents" means the agreements, instruments and other documents to be delivered by the Vendor to the Purchaser or the Purchaser's Solicitors pursuant to Section 7.1 and the agreements, instruments and other documents to be delivered by the Purchaser to the Vendor or the Vendor's Solicitors pursuant to Section 7.2. "Deposit" has the meaning ascribed thereto in Section 31. "Project" has the meaning set out in the recitals to this Agreement. "Purchased Lands" has the meaning set out in the recitals to this Agreement. "Purchase Price" is as set out in Section 3.1. Purchaser to do so. 1.2 Schedules The following Schedules are attached to the Agreement: Schedule "A" City Lands Schedule "B" HST Indemnity Certificate Schedule "C" Tentative Subdivision Plan Schedule "D" Design Brief and Engineering Drawings Article 2 - Agreement of Purchase and Sale 2.1 Agreement of Purchase and Sale The Vendor hereby agrees to sell, transfer, assign, set over and convey the Purchased Lands to the Purchaser and the Purchaser hereby agrees to purchase and acquire the Purchased Lands from the Vendor for the Purchase Price on and subject to the terms and conditions of this Agreement. 3 Article 3 - Purchase Price 3.1 _Payment of Purchase Price The Purchaser agrees to pay and the Vendor agrees to accept for the Purchased Lands the sum of Pour Thousand Nine Hundred and Fifty -Three Dollars ($4,953.00 (the "Purchase Price "), plus Harmonized Sales Tax, if applicable. The Purchase Price shall be paid by the Purchaser to the Vendor as follows: (a) a deposit of One Thousand Dollars ($1,000.00) (the "Deposit ") shall be paid within two Business Days of execution of this Agreement by the Vendor, and shall be paid by the Purchaser to the Vendor by certified cheque or bank draft to be held In Trust pending completion or other termination of this Agreement and to be paid to the Vendor and credited on account of the Purchase Price on Closing; (b) the balance of the Purchase Price, subject to the Adjustments, by delivery of a certified cheque or bank draft on Closing. 3.2 Deposit The deposit shall be non - refundable to the Purchaser and shall be payable to the Vendor, unless the transaction is not completed as a result of default by the Vendor. 3.3 Adjustments Adjustments will be made on the Closing Date for all items normally adjusted between a vendor and purchaser in respect of the sale of property similar to the Purchased Lands, including, without limitation and to the extent applicable to this transaction, real property taxes and local improvement rates. 3.4 Undertaking to Re- adjust If any amounts to be adjusted are uncertain and cannot be determined on the Closing Date, the Parties agree to execute an agreement to re- adjust any such items within ninety (90) day of the Closing Date. Article 4 - Harmonized Sales Tax 4.1 Harmonized Sales Tax With respect to the harmonized sales tax ( "HST ") payable pursuant to the Excise Tax Act Canada (the "Act "), the parties covenant and agree as follows: (a) Purchaser represents and warrants to the Vendor that it is a registrant under the Act and it will provide confirmation of its HST registration number on Closing; 4 (b) In lieu of paying HST to the Vendor on Closing, the Purchaser will provide the Vendor with a HST Indemnity Certificate in a form commonly used in Real Property transactions in New Brunswick — an example of which is attached hereto as Schedule °B' -- whereby the Purchaser agrees to file returns and remit on a timely basis any HST owing to Canada Revenue Agency and further agreeing to indemnify the Vendor for any failure on the part of the Purchaser to do so. Article 5 - Condition Precedent 5.1 Condition for the Vendor's Benefit The obligation of the Vendor to complete this transaction shall be conditional upon the following condition being satisfied and fulfilled by the date specified: (a) by September 30, 2013, the Purchaser shall have completed the purchase of the lands surrounding the Purchased Lands and bearing Service New Brunswick PID Number 55160428 from the New Brunswick Housing Corporation. The condition precedent set forth in this Section 5.1 is for the benefit of the Vendor and may be waived, in whole or in part, by the Vendor on or before the date specified. If the condition precedent set forth in this Section 5.1 is not satisfied and the Vendor did not waive the condition, then this agreement will become null and void and the Deposit shall be returned to the Purchaser and neither party shall have any further obligation to the other hereunder, Article 6 - Other Covenants of the Parties 6.1 Construction of new Freedom Court (a) The Purchaser covenants and agrees to decommission and remove the existing Freedom Court to the satisfaction of the Chief City Engineer and in accordance with the City's General Specifications and the Engineering Drawings and Design Brief approved by the Chief City Engineer, a copy of which is attached hereto as Schedule `D" and forms part hereof (hereafter the "Engineering Drawings "), (b) The Purchaser further covenants and agrees to construct a new Freedom Court to the satisfaction of the Chief City Engineer, in accordance with the City's General Specifications and in accordance with the Engineering Drawings. The new Freedom Court shall have an area of approximately 1,123 square metres and be located generally as depicted on the Tentative Subdivision Plan titled "Vimy Estates Subdivision" attached hereto as Schedule "C" and forming part hereof. The Purchaser shall complete the construction of the new Freedom Court on or before October 15, 2014. (c) The Purchaser covenants and agrees to have its Design Engineering Consultant, Brunswick Engineering & Consulting Inc., provide full -time inspection of the construction of the new Freedom Court to ensure that the construction is done in S accordance with the City's specifications and in accordance with the Engineering Drawings. As part of the full -time inspection, the Purchaser's Design Engineering Consultant shall provide applicable testing as required by the City's General Specifications, all of which shall be submitted to the Vendor for review and approval. The Purchaser shall pay all costs associated with such full -time inspection and quality control testing. (d) The Purchaser further covenants and agrees to obtain from its Design Engineering Consultant and provide to the City no later than ten (10) days following completion of the construction of Freedom Court a certification addressed to the Chief City Engineer that the new Freedom Court has been constructed in accordance with the City's General Specifications and in accordance with the Engineering Drawings, The Purchaser shall, at the same time, provide to the Chief City Engineer a paper as well as a digital copy of the "as- constructed" Engineering Drawings for the new Freedom Court. (e) The Purchaser further covenants and agrees to provide a one (1) year warranty of the construction of the new Freedom Court starting at the date of acceptance by the Chief City Engineer of the certification provided by the Purchaser's Design Engineering Consultant. (f) The Purchaser shall deliver to the Vendor on or before the Closing Date security in the amount of Two Hundred and Twenty Thousand ($220,000.00) Dollars. Such security shall remain in full force and effect until the passage of twenty -four (24) months following the date of execution of this Agreement. 6.2 Vesting of a new Freedom Court (a) The Purchaser shall at its sole cost and expense cause a subdivision plan to be prepared, the purpose of which is to vest a new Freedom Court as a Public Street as depicted on Schedule "C° (b) The Subdivision Plan referred to in paragraph (a) of this section 6.1 shall only be registered upon the completion of the construction of a new Freedom Court pursuant to section 6.1 hereof to the satisfaction of the Chief City Engineer. (c) The Vendor shall pay the registration costs of the Subdivision Plan, 6.3 Existinginfrastructure within the Purchased Lands (a) The Purchaser recognizes and agrees that there exists in, under and through the Purchased Lands underground municipal infrastructure. The Purchaser covenants and agrees to decommission and remove said existing underground municipal infrastructure, at its sole cost and risk and to the satisfaction of the Chief City Engineer, before the completion of the construction of the new Freedom Court. 6 (b) The Purchaser covenants and agrees to decommission and remove the natural gas pipeline currently running in, through and under the most eastern end of the proposed new Freedom Court in accordance with applicable legislation and regulations and to the satisfaction of the appropriate regulating authority and under the direction of EnMclge Gas New Brunswick. (c) The Purchaser covenants and agrees to pay all relocation costs of the relevant utilities associated with the decommissioning of the existing Freedom Court and with the construction of the proposed new Freedom Court. 6.4 Cost of Construction of the new Freedom Court The Purchaser recognizes and agrees that the construction of the new Freedom Court is estimated at approximately Two Hundred and Twenty Thousand Dollars ($220,000.00), excluding HST. The Purchaser covenants and agrees to pay the first One Hundred and Twenty Thousand Dollars ($120,000,00) excluding HST toward the design and construction of the new Freedom Court. The Vendor covenants and agrees to pay to the Purchaser up to a maximum of One Hundred Thousand Dollars ($100,000.00), including HST, toward the cost of construction of the new Freedom Court upon the Purchaser providing to the Vendor proof that the Purchaser has expended the first One Hundred and Twenty Thousand Dollars ($120,000.00) excluding HST toward the said construction. The Purchaser further covenants and agrees to pay any additional cost associated with the design and construction of the new Freedom Court if the total design and construction costs exceed Two Hundred and Twenty Thousand Dollars ($220,000.00), excluding HST. Article 7 - Transfer of Title and Closing Documents 7.1 Vendor's Closing Documents On or before Closing, subject to the provisions of this Agreement, the Vendor shall execute or cause to be executed and shall deliver or cause to be delivered to the Purchaser's Solicitors the following: (a) a deed conveying the Purchased Lands, in registerable form; and (b) all other documents which are required and which the Purchaser has reasonably requested on or before the Closing Date to give effect to this transaction. All documentation shall be in form and substance acceptable to the Purchaser and the Vendor each acting reasonably and in good faith. 7.2 Purchaser's Closing Documents By the Closing Date, subject to the terms and conditions of this Agreement, the Purchaser shall execute or cause to be executed and shall deliver or cause to be delivered to the Vendor's Solicitors the following: (a) the balance of the Purchase Price; and (b) all other documents which are required and which the Vendor has reasonably requested on or before the Closing Date to give effect to this transaction. All documentation shall be in form and substance acceptable to the Purchaser and the Vendor each acting reasonably and in good faith. Article 8 - Representations, Warranties and Covenants 8.1 Purchaser's Representations The Purchaser hereby represents and warrants to and in favour of the Vendor that, as of the date of this Agreement and as of the Closing Date: (a) the Purchaser is a corporation existing and governed by the laws of New Brunswick and has the necessary corporate authority, power and capacity to own the Purchased Lands and to enter into this Agreement and to carry out this Agreement and the documents and transactions contemplated herein on the terms and conditions herein contained; and (b) this Agreement and the obligations of the Purchaser hereunder and the documents and transactions contemplated herein have been duly and validly authorized by all requisite corporate proceedings and constitute legal, valid and binding obligations of the Purchaser enforceable against the Purchaser in accordance with its terms. 8.2 Survival of Representations The representations and warranties contained in this Agreement shall not merge on Closing but shall survive for a period of two (2) years thereafter. Article 9 - Damage and Indemnification 9.1 indemnification by Purchaser The Purchaser does hereby indemnify and save harmless the Vendor from all actions, causes of actions, proceedings, claims and demands brought against the Vendor, and from and against all losses, costs, damages or expenses suffered or incurred by the Vendor, by reason of any damage to property, including property of the Vendor, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Vender, caused by, resulting from or attributable to the negligent act or omission of the Purchaser or any of its employees, servants, or agents in the performance of this Agreement and during the construction of the new Freedom Court. 9.2 Indemnification by Vendor The Vendor covenants and agrees to indemnify and save harmless the Purchaser from all actions, causes of actions, proceedings, claims and demands brought against the Purchaser, and from and against all losses, costs, damages or expenses suffered or incurred by the Purchaser, by reason of any damage to property, including property of the Purchaser, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the Purchaser, caused by, resulting from or attributable to the negligent act or omission of the Vendor or any of its employees, servants, or agents in the performance of this Agreement. 9.3 Limitation of Liability In no event shall the Vendor be liable to the Purchaser, or the Purchaser liable to the Vendor, for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement. 9.4 Survival of Indemnities The parties acknowledge and agree that this Article 9 and the covenants of the parties contained herein will not expire with or be terminated, merged or extinguished by the closing of the transaction of purchase and sale contemplated by this Agreement, and the completion thereof. Article 10 - General 10.1 Gender and Number Words importing the singular include the plural and vice versa. Words importing gender include all genders. M2 Captions and Table of Contents The captions and headings contained herein are for reference only and in no way affect this Agreement or its interpretation. 10.3 Obligations as Covenants Each agreement and obligation of any of the parties hereto in this Agreement, even though not expressed as a covenant, is considered for all purposes to be a covenant. 10.4 Applicable Lawn This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick applicable thereto and shall be treated in all respects as a New Brunswick contract. 9 10.5 Currency and Cheques All references to currency in the Agreement shall dollars. All cheques to be tendered shall be drawn Banks unless otherwise specifically agreed in writing 10.6 Invalidity be deemed to be references to Canadian on one of the major Canadian Chartered If any immaterial covenant, obligation, agreement or part thereof or the application thereof to any person or circumstance should to any extent be invalid or unenforceable, the remainder of this Agreement (or the application of such covenant, obligation or agreement or part thereof) to any person, party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 10.7 Amendment of Agreement No supplement or amendment of the Agreement shall be binding unless executed in writing by the parties hereto in the same manner as the execution of this Agreement. 10.8 Time of the Essence Time shall be of the essence of this Agreement. 10.9 Further Assurances Each of the parties hereto shall from time to time hereafter and upon any reasonable request of the other party, make or cause to be made all such further acts, deeds, assurances and tNngs as may be required or necessary to more effectually implement and carry out the true intent and meaning of this Agreement. 10.10 Entire Agreement This Agreement and any agreements, instruments and other documents herein contemplated to be entered into between, by or including the parties hereto constitute the entire agreement between the parties hereto pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, with respect thereto, and there are no other warranties or representations and no other agreements between the parties hereto in connection with the agreement of purchase and sale provided for herein except as specifically set forth in this Agreement. 10.11 Waiver No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall any waiver constitute a continuing waiver unless otherwise expressed or provided, 10 10.12 Solicitors as Agents and Tender Any notice, approval, waiver, agreement, instrument, document or communication permitted, required or contemplated in the Agreement may be given or delivered and accepted or received by the Purchaser's Solicitors on behalf of the Purchaser and by the Vendor's Solicitors on behalf of the Vendor and any tender of Closing Documents and the balance may be made upon the Vendor's Solicitors and the Purchaser's Solicitors, as the case may be. 10.13 Assignment by Purchaser This Agreement is not assignable, and any attempt to do so is void. 10.141 Successors and_Assicjns AI of the covenants and agreements in this Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns and shall enure to the benefit of and be enforceable by the parties hereto and their respective successors and their permitted assigns pursuant to the terms and conditions of this Agreement. 10.15 No Registration of Agreement The Purchaser shall not register this Agreement or any notice of this Agreement on title to the Lands. 10.16 Notices Any notice, demand, approval, consent, information, agreement, offer, payment, request or other communication (hereinafter referred to as a "Notice ") to be given under or in connection with this Agreement shall be in writing and shall be given by personal delivery or by telecopier or other electronic communication which results in a written or printed notice being given, addressed or sent as set out below or to such other address or electronic number as may from time to time be the subject of a Notice: (a) Vendor: City of Saint John c/o City Solicitors Office 15 Market Square Saint John, N.B. E21_ 41-1 Attention: Melanie Tompkins Te leco p i e r: 506.649.7939 1l (b) Purchaser: Vimy Estates Inc. 37 Rothesay Park Road Rothesay, N.B. E2E 5T7 Attention: Telecopier; Any Notice, if personally delivered, shall be deemed to have been validly and effectively given and received on the date of such delivery and if sent by telecopier or other electronic communication with confirmation of transmission, shall be deemed to have been validly and effectively given and received on the day next following the day it was received. 10.17 Execution This Agreement may be executed in counterparts and may be executed and delivered via facsimile transmission, including signatures, which counterparts and facsimile copies shall together constitute one and the same Agreement with the same effect as if originally executed and delivered. [signature page on next page] a IN WITNESS WHEREOF the Purchaser has executed this Agreement this day of September, 2013. Vimy Estates Inc. Per ��ZL s. Witness Per: IN WITNESS WHEREOF the Vendor has executed this Agreement this day of September, 2013. The City of Saint John Per: Mayor Per: Common Clerk Common Council Resolution Date- Schedule "A" — Purchased Lands All those certain lots, parcels and pieces of land situate, lying and being in the City of Saint John, in the County of Saint John and Province of New Brunswick, more particularly described as follows:- � (1 That certain lot, piece and parcel of land described as "Freedom Court a Public Street, 685 m ' on a Plan of Survey titled "Plan of Survey Showing Freedom Court, City of Saint John, Saint John County, New Brunswick ", certified correct by Hughes Surveys & Consultants Inc., dated March 16, 2012, surveyed by John E. Calvin, N.B.L.S. #353, and registered in the Saint John County Registry Office on August 28, 2013 as Number 33041717; AND ALSO (2) That certain lot, piece and parcel of land described as "Vimy Court a Public Street, 654 m2" on a Plan of Survey titled "Plan of Survey Showing Vimy Court, City of Saint John, Saint John County, New Brunswick ", certified correct by Hughes Surveys & Consultants Inc., dated March 16, 2012, surveyed by John E. Calvin, N.B.L.S. #353, and registered in the Saint John County Registry Office on August 1, 2013 as Number 32958168. TO: :X Schedule "B" — HST Indemnity Certificate HST INDEMNITY CERTIFICATE The City of Saint John (the "Vendor ") Purchase of Agreement of Purchase and Sale dated John and (the "Property ") 1. THAT DOES HEREBY CERTIFY: pursuant to an between The City of Saint is the purchaser of the Property. 2. THAT is validly registered under the Harmonized Sales Tax ( "HST ") provisions of the Excise Tax Act (Canada) (the "Act ") for the collection of goods and services tax ( "GST ") or harmonized sales tax ( "HST "), and its registration number for GST and HST purposes is 3. THAT the Purchase Price of the Property is $ 4. THAT the sale of the Property does not constitute the supply of a residential complex, as defined in the Act, made to an individual. 5. THAT shall be liable for, and shall remit to the appropriate government authority all GST and HST which is payable under the Act in connection with the purchase of the Property, all in accordance with the Act. 6. THAT shall indemnify and save harmless the Vendor from and against any and all GST, HST, penalties, costs and /or interest which may become payable by or assessed against the Vendor as a result of any failure by to comply with the provisions of this Declaration and Indemnity. DATED at Saint John, New Brunswick, this day of , 2013. Per: CD r Z 0 U m z O a a O U %a an 2d, ONN� =rZH Y s c 0 U sA E O tD L Q 0- New Brunswick Housing Corporation 2533144.649 „391.7,17 7365002,976 Remainder mt Let 02 -02 97 City of Saint John a Sae PVmn Na. 73153738 ' PID 411B7s 7364971,2905 PID 55160428 5 250 2533145.762 7354903.795 CALL 251 2533093,124 7364958.237 CALL 1959 f 7364165.325 NBCM HPN 3863 7533373.824 � N9Ck1 11 -M17 3867 /� s[arr row L NBCM (HpN) Scole Faetar anEr � Qa�`ed Key Plan scale- 1;M 000 7803'00• / .10. .,.a rT',a / LEGEND: 0 SMS' - -',Ran `d Purvey marker found 0 sM5 - Standard wrvey marker set • ''ran 56,79 / / / C / RIBF - Re-d bar found A IBF - Squmre iron bar found 4 iPF - I v y �^ ePdaunad O CALL i t d NBCM NlB. C— pdna t, Monument ,q.m. _ Square eEdOCo�� Tft cjtreet� FF f mr as PID - Pmreel TdentYier number NPN - Nigh P-1.".. Network Pubha S4 n- � (�- Tabulated / pTe St23 ca- ereff-aate efeanee �p o Ll &N.B.LS. - Waaaiatien of N.B. Lend S4 ya W Mn C F M C � J a Z 18- 2e..... -..- s / 4°flmer4 / N°s1 g �an £ ae < V- /Ie _ f '� i APPROVALS: New Brunswick Housing Corporation Remander of Lot 02-02 See Plan No. 75153738 PID 55160428 �Munialpokr5erviaee4�w� s.. w „ Canada Mortgage and Housing Corporation PID 411769 N.B. Grid Co— ardinata values iM Fasting Narthinq Ma 46 2533144.649 „391.7,17 7365002,976 SMS SMS 97 2533145.837 7354982784 SMS 2533041.529 7364971,2905 SMS 5 250 2533145.762 7354903.795 CALL 251 2533093,124 7364958.237 CALL 1959 2533580.954 7364165.325 NBCM HPN 3863 7533373.824 7364439,811 N9Ck1 11 -M17 3867 2532979.057 7364558.355 NBCM (HpN) Scole Faetar 1,000n31 NOTES: 1. Azimuths nd Ca- ordinate values far to the NEW DRUNSM. GRID CO -OR "" E SYSTE/J (3iPN) and were derived from the tabulaid Nee Brunswick Cn dinars Mmnumenta. Cmmpvtat ons pe fa mad and co- ardirwle values ahoen are based on the Nee 9nmeeiek S[ereegrarhla Doutrle Pra]ectimn and the NAD83 (rRRS) ellipsoid. 2. C,4muBm munded to the nearest 10 neeands i J. 0staneee are 1 METRES and are rounded roed to the nearest CENTIMETRE 4. Land, dealt Tth by thls plan are baundd }hue 5. Pmdph,ml irr —titian and adjoeent na es wan: City of Saint John d., Aj] fmm wraa, ""re. and ,nmad be — ;fled. fi. All plan. and daaumenta ref-re-,d ore retarded PID 411876 in the Saint Jahn Caunry Regi,Dy ofriae or in the Land TTtles o�me far the oiatrtat of New Brunwkk, 7. Field survey Was Completed an PURP05E OF PL* • To emote Freedom Court (a rubes street). N. B, l U7"' Tentative Plan PID 5560 TITLE DATA.- Vimy Estates Subdivision 551604211 City of Saint John Saint John County, N.B. Saole 1:300 KIERSTEAD QUIGLEY L J and R013ERTS Ltd. Saint John, New Brunswlak oeted- aune 25. 2013 John F. 04ay, N8L5 f297. P.Enq. job ool 00 '3-0035 Dwg. 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Municipal Operations City of Saint Jahn 175 Rothesay Avenue Saint John, NB E2J 264 40 Ashburn Lake Road tei: 506.696.9155 PO Box 1045, Saint John, NB fax 506.696.9158 E2L 4E3 reception -,�brunssickenginee ring. ca File: P2000.02 RE. FREEDOM COURT STREET RECONSTRUCTION AND SERVICES, SAINT JOHN, NB DESIGN BRIEF Please find enclosed our report and design plans for the re- alignment and service extension of Freedom Court as part of the Crescent Valley Development Project. Should you have any questions ..-1 Enclosures the undersigned at your convenience. -1126e. 10C 4 HST # 82470 088A RT0001 40 Ashburn Lake Road tel: 506 BRUNSWICK PO Box 1045, Saint John, NB fax: 506,696. 915 8 Engineering & Consulting Inc. E2L 4E3 reception- 2bruns,.ickengineering.ca RECEIVED .SUN 19 2013 FILE COPY FREEDOM COURT STREET RECONSTRUCTION AND SERVICES SAINT JOHN, NB DESIGN BRIEF submitted to City of Saint Jahn by Brunswick Engineering & Consulting Inc. HST # 82470 0884 RT0001 FREEDOM COURT STREET RECONSTRUCTION AND SERVICES SAINT JOHN, NB TABLE OF CONTENTS Page COVERINGLETTER ........................................................................................ ..............................i TABLEOF CONTENTS ................................................................. ............................... ............ii 1.0 INTRODUCTION ................................................................................. ............................... 1 2.0 WATER SYSTEM .... .................................. . ........ . .......................... _ ................... I.............. 1 2.1 Existing Water Infrastructure .................................................... ............................... 1 2.2 Watermain Conclusions ........................................................... ............................... 2 3.0 WASTEWATER SYSTEM.,.. ..................................... ........................................................ 2 3.1 Existing Wastewater System .................................................... ............................... 2 3.2 Municipal System Capacity ...................................................... ............................... 2 3.3 Design Flows ............................................................................ ............................... 2 4.0 STORMWATER ...... ................. ............................................................. ................,.............3 4.1 Stormwater Route ..................................................................... ............................... 3 4.2 Existing Stormwater System ..................................................... ............................... 3 4.3 Proposed Stormwater Infrastructure ........................................ ............................... 3 Appendix A HydroCAD Report -- freedom Court B Storm Sewer Calculations FREEDOM COURT STREET RECONSTRUCTION AND SERVICES SAINT JOHN, NS 1.0 INTRODUCTION Brunswick Engineering & Consulting Inc. has been retained by Elias Management Group to provide engineering design services for the proposed realignment and reconstruction of Freedom Court and associated infrastructure. The subject Street is located on the east side of Churchill Boulevard and currently is closed and stopped up and will be re- constructed and vested back to the City of Saint John upon completion of construction. It is our understanding that Freedom Court is being re- aligned to compliment a proposed multi -unit development adjacent to the court and to service the existing vacant property to the east which can be identified as PID 00411876. At this time there is no information available as to the future land use of the vacant property to the east so some assumptions have been made to ensure adequate - capacity in the new services being extend under Freedom Court. Also, the functionality of these new services will depend entirely on future development in the area and today's capacities may not __. be representative in the future. 2.0 WATER SYSTEM 24 Existing Water Infrastructure As part of this street reconstruction and servicing extension on Freedom Court, the existing water mains on Freedom Court will be abandoned and removed, with new infrastructure being installed to service a proposed future development on the vacant property east of the subject property. The new water main for this project will be connected to Churchill Boulevard's existing watermain. The existing watermain on Churchill Boulevard is a 300mm (12") with a hydraulic grade line of elevation 70.1 metres and a static water pressure of 523kPa (75.8psi). The connection for the Freedom Court extension, will be at Churchill Boulevard and consist of tapping into the existing watermain with a new DR18 200mm diameterwater line. A new valve and disinfection chamber will be installed immediately downstream of the tie -in. it is our opinion, that when the vacant property to the east is developed, then the water line on Freedom Court will be extended further to Pugsley Avenue, thus looping the water system and BRUNSWICK ENGINEERING d CONSULTING INC. FREEDOM COURT PROJECT 2000.02 DESIGN BRIEF JUNE 2013 2 increasing the available pressures and flows. As mentioned previously, the water demand is entirely dependant on the local available supply which is related to further development in the area, system upgrades up stream and the demand of the further development of the vacant property. Modelling was not completed for this project as there are currently too many variables. When the vacant lot is designed with a proposed development, the water system at that time should be modelled based on hydrant flow tests on Churchill Boulevard and Pugsley Avenue watermains. 2.2 Watermath Conclusions The Freedom Court watermain extension has been sized to accommodate most any development on the vacant property. Given the existing pressure on Churchill Boulevard, the maximum elevation without looping the water line onto Pugsley Avenue would be 41.0 metres. This corresponds to a minimum target design of 275kPa for domestic purposes. 3.0 WASTEWATER SYSTEM 3.9 Existing Wastewater System A 525mm diameter sanitary sewer system exists along Churchill Boulevard and currentlythere is a lateral on Freedom Court which will be abandoned, removed and replaced with the new alignment of Freedom Court. The existing sanitary sewer on Churchill Boulevard flows towards the north and connects with the existing sewer lift station located just past the intersection of Churchill Boulevard and Sommerset Street. The Freedom Court extension will be connected to Churchill Boulevard via an existing manhole which currently connects the soon to be abandoned Freedom Court sanitary sewer. 3.2 Munici R al System Ca aei The capacity of the 525mm diameter sanitary sewer flowing full is currently 0.371 m3 /s or 371 Vs. 3.3 Design Flows Based on an assumed build out of the vacant lot to the east of Freedom Court of high density apartment buildings, the estimated peak sewage flow from the site is approximately 16.2Us. This calculation is based on assumed development of the vacant property, using anticipated flow rates as BRUNSWICK ENGINEERING & CONSULTING INC. FREEDOM COURT PROJECT 2000.02 DESIGN BRIEF JUNE 2013 3 outlined in the "Guidelines for the Collection and Treatment if Wastewater, completed by the New Brunswick Department of Municipal Affairs and Environment, dated September 1987 ". For this design we assumed 475 people per hectare X 2.5 hectares equals 1188 people. This value includes infiltration and peak demand of the service. Currently, there are limitations on developing the vacant property to the east as just beyond the western property line the property slopes up at approximately 22% for a distance of 50 metres. With this grade, extending the new proposed pipe on Freedom Court will be difficult without exceeding the maximum allowable pipe velocity. 4.0 STORMWATER 4.1 Stormwater Route The area around Freedom Court is relatively flat, with the drainage area remaining relatively unchanged between the existing conditions and the re- aligned Freedom Court conditions. The drainage from the new development north of Freedom Court does not drain to Freedom Court and has been addressed separately. Also, the vacant lot to the east of Freedom Court drains westerly however is intercepted by an existing drainage ditch and stormwater system that directs the water to the south along the property line. 4.2 Existing Stormwater System The existing stormwater infrastructure consists of an 1800 X 21 00m box culvert in Churchill Boulevard and as noted previously an interceptor ditch and catch basins along the east property lines between Freedom Court and the adjacent vacant lot. The invert of the box culvert opposite Freedom Court is 13.05 metres. Currently in Freedom Court's stormwater drains towards Churchill Boulevard and into two catchbasins which tie into two catch basins on Churchill Boulevard and into the box culvert. 4.3 Proposed Stormwater Infrastructure To accommodate Freedom Court and to service the vacant lot to the east, the stormwater pipe will be extended to the end of Freedom Court for future connections. The peak 100 year 24 hour flows from Freedom Court is 0.0660/s which corresponds to the existing and re- aligned Freedom Court. The 5 year 24 hour flows will be 0.034m31s for pre and BRUNSWICK ENGINEERING B CONSULTING INC. FREEDOM COURT PROJECT 2000.02 DESIGN BRIEF JUNE 2013 4 post re- alignment, Given the 1 % slope on a 300mm diameter storm pipe, the pipe velocity will be 2.65m/s which are greater than the minimum 0,6 and less than the maximum 6.Amis. Should the vacant lot to the east become developed the stormwater pipe can be extended towards Pugsley Avenue. With the existing elevations on the vacant lot, extending the stormwater pipe from Freedom Court will require inlet control devices and other measures so that the velocity in the pipe does not exceed the maximum velocity of 6.0m/s. The current pre - development peak runoff flow for a 100 year 24 hour rainfall event is estimated to be 0.197m3/s for the vacant lot. With a velocity of 4m /s the 300mm diameter pipe will have adequate capacity. BRUNSWICK ENGINEERING & CONSULTING INC. FREEDOM COURT PROJECT 2000.02 DESIGN BRIEF JUNE 2013 APPENDIX A HYDROCAD REPORT - FREEDOM COURT Freedom Court June 17 2013 Prepared by HP H droCAD ®10.00 s/n 07774 D 2012 H droCAD Software Solutions LLC Area Listing (selected nodes) Area CN Description (hectares) (subcatchment- numbers) 0.1625 85 Freedom Court ROW (2S) 0.1625 85 TOTAL AREA Printed 5119/2013 Freedom Court June 17 2013 Prepared by HP Printed 6119/2013 H droCAD® 10.00 s/n 07774 © 2012 H droCAD Software Solutions LLC Page 2 Soil Listing (selected nodes) Area Soil Subcatchment (hectares) Group Numbers 0.0000 HSG A 0.0000 HSG S 0.0000 HSG C 0.0000 HSG D 0.1625 Other 2S 0.1675 TOTAL AREA Freedom Court June 17 2013 Prepared by HP Printed 611912013 HydroCAD8 10.00 s/n 07774 © 2012 HydroCAD Software Solutions LLC Page 3 Ground Covers (selected nodes) HSG -A HSG -B HSG -C HSG -D Other Total Ground Subcatchment (hectares) (hectares) (hectares) (hectares) (hectares) (hectares) Cover Numbers 0.0000 0.0000 0.0000 0.0000 01625 0.1625 Freedom Court ROW 2S 0.0000 0.0000 0.0000 0.0000 0.1625 0.1625 TOTAL AREA Freedom Court June 17 2013 NB -Saint John 24 -hr S 9 5 -Year 5 -Year Rainfall =915 mm Prepared by HP Printed 6/19/2013 H droCAD ®10.00 s/n 07774 C 2012 H droCAD Software Solutions LLC Pa e 4 Summary for Subcatchment 2S: Freedom Court [49] Hint: Tc<2dt may require smaller dt Runoff - 0.03439 m3 /s @ 11.98 hrs, Volume= 0.107 MI, Depth> 66 mm Runoff by SCS TR -20 method, UH =SCS, Time Span= 5.00 -20.00 hrs, dt= 0.05 hrs NB -Saint John 24 -hr S1 5 -Year 5 -Year Rainfall =115 mm Area m2 CN Description 13625.0 85 Freedom Court ROW 1,625.0 100.00% Pervious Area Tc Length Slope Velocity Capacity Description min (meters) (m/m) (m /sec) (orals) 1.9 70.0 0.0100 0.62 - Shallow Concentrated Flow, Paved Kv= 6.19 m/s Subcatchment 2S: Freedom Court Hydroaraph 0.038 ■ Runn�f 0.013M NB -Saint John 24 -hr S1 5 -Year 00.32 5 -Year Rainfall =115 mm 0.04 0,0x8= Runoff Area = 1,625.0 m2 0.026 Runoff Volume =0.107 MI 0.024 Runoff De th>66 mm P 0.022- 0.02 Flow Length =70.0 m c 0.01s Slope =0.0100 mlm 0.0167, Tc =1.9 min 0.014 0.012 CN =85 0.01 0.008 0,006' 0.002= 0 6 6 7 8 9 10 i 11 12 13 14 15 16 17 18 19 Time (hours) Freedom Court June 17 2013 NB -Saint John 24 -hr S7 900 -Year 904 -Year Rainfall =992 mm Prepared by HP Printed 6/1912013 HydroCAD ®10.00_ stn 07774 02012 HydroCAD Software Solutions LLC page 5 Summary for Subcatchment 2S: Freedom Court [491 Hint: Tc <2dt may require smaller dt Runoff = 0.06557 m3 /s @ 11.98 hrs, Volume= 0.210 MI, Depth >129 mm Runoff by SCS TR -20 method, UH =SCS, Time Span= 5.00 -20.00 hrs, dt= 0.05 hrs NB -Saint John 24 -hr S1 100 -Year 100 -Year Rainfall =192 mm Area (m2 ) CN Description - 1,625.0 85 f=reedom Court ROW 1,625.0 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (meters) (mlM)_ (m /sec)_ _(m3/s)_ T 1.9 70.0 0.0100 0.62 Shallow Concentrated Flow, Paved Kv= 6.19 m/s Subcatchment 2S: Freedom Court Hydrograph 0.065 NB -Saint John 24 -hr S1 100 -Year o.os- 100 Year Rainfall =192 mm Runoff Area = 1,625.0 m2 0.D55 Runoff Volume =0.210 MI 0.05: Runoff Depth>129 mm 0.045 Flow Length =70.0 m E 0 -04 Slope= 0.0100 mlm 3 0.035 Tc =1.9 min 0-03- CN =85 0.0253 0.01 10 11 12 13 14 15 16 17 18 19 20 Time (hours) Runoff APPENDIX B STORM SEWER CALCULATIONS BRUNSWICK Engineering & Consuiting (nc. Project r \�� Calculated by SSSo Cate �� ! �� _ Checked By brr� �'ewo- (Ne- V,,�„ �- D. bM /s V,,�ax ' 6.d, h 4,:-- - 42sc, S'wlact O c z 1% Succ mlitria I , fife i - CAI = 98 PVC, Ree = n - 0.0 I a Q pekk = Sy{ - 0. D34 Ael' k twyr U.CQbL ,-"/s Sheet P I - ^- Date of I scaleA 7T �� ,,�f� c,'�_ = i 3��ov'f = 2.631s 0, 1 2,3µ/s >&o�ls dK 'BUG . �% twd l se4'r 5y! lr1Uy r� � ew-nf , Q� C. A 12c, �'� Qk 1 September 17, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Member's Comments Background: Members comments is an item on the agenda that I feel needs to be better defined as to what it is to be used for and how long members have to talk. Some members feel it is an opportunity to highlight what is happening in the wards. Some think it is an opportunity to let people know what they have participated in around Saint John. Others may want to use the time to give reports on committee work. Motion: That council establish the intent of member's comments and length of time allowed to each councillor. Respectfully Submitted, (Received via email) John MacKenzie Councillor —Ward 2 City of Saint John l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 SPORT TO COMMON COUNCIL September 18, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Sunday Shopping Motion At its meeting of September 16th, 2013, Council adopted the following resolution: 7. The City of Saint Tohn "RESOLVED that the motion moved by Councillor McAlary and seconded by Councillor Lowe to maintain the Sunday shopping hours of 12:OOpm to 5:OOpm be tabled until the Mayor and all of Council is present." Council is required to adopt a resolution to remove this item from the table before further debate on the matter can proceed. Respectfully submitted, Jonathan Taylor, Common Clerk 12- REPORT TO COMMON COUNCIL M &C2013 -201 September 16, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Provincially Designated Highways Proposed Five -Year Capital Improvement Program (2014 -2018) PURPOSE The City of Saint ]ohn The purpose of this report is to present for Council's approval a proposal for a Five -Year Capital Improvement Program (2014 -2018) for Provincially Designated Highways. BACKGROUND The City of Saint John annually submits a proposed Five -Year Capital Improvement Program to the Department of Transportation to fund renewals and upgrades on Provincially Designated Highways (PDH) and Regionally Designated Highways (RDH) within City limits. The Province has a limited budget for 102 New Brunswick municipalities under this Program. Upon consideration and approval by Council, the proposed program is presented to the Provincial Department of Transportation for the Minister's consideration. In a letter dated July 26, 2013 the Provincial Department of Transportation and Infrastructure requested that the City's Five -Year Capital Improvement Program be submitted by September 30, 2013. Council adopted new guidelines for cost sharing of Provincial and Regional Designated Highways in 2007 to see upgrades completed in a timelier manner. Prior to adoption of these guidelines, the Province was requested each year to contribute 100% of the funds needed to upgrade the Highway listed in the Five -Year plans. However, it became clear that Provincial contributions did not match the needs of this community. The following adopted guidelines, similar to those adopted by other New Brunswick municipalities, would see the City contribute a percentage of funds to the upgrade these Highways to expedite infrastructure improvements: 1. The City will contribute up to 50% of overall project costs where the estimated cost of asphalt resurfacing is 50% or greater of the estimated overall project costs. 2. The City will contribute the cost of asphalt resurfacing and the cost of upgrading its infrastructure (i.e., sidewalks) where the estimated cost of the asphalt resurfacing is less than 50° o of overall project costs. M &C2013 -201 September 16, 2013 Page 2 3. On smaller projects, the City will consider funding the upgrade, with the understanding that it will request available financial support from the Province in the current or a future Provincial fiscal year. At the end of construction season each year, the City submits invoices, based on these guidelines, to the Province for all work completed on PDH /RDH roads for consideration. In 2013, the City will make a submission for the reconstruction and paving on Somerset Street between Wellesley Avenue and Samuel Davis Drive (the tender award for the project was $2,249,093) and for resurfacing work on Smythe Street and Dighy Ferry Road ( total project expense was $90,000). ANALYSIS Attached is the proposed Provincially Designated Highways Five -Year Capital Improvement Program submission for the period 2014 to 2018. While the City of Saint John maintains ownership and responsibility for Provincial and Regional Designated Highways running through the city, the Province of New Brunswick maintains control of these roads through the Highway Act resulting in an ongoing partnership. In 2013, the Province has contributed $300,000 plus non - recoverable HST for asphalt resurfacing along Chesley Drive between Bentley Street and Main Street, Sandy Point Road between Samuel Davis Drive and Tucker Park Road and St. John Street that was completed in the 2012 construction season. Global Preventive (Maintenance Resurfacing) - The 2013 resurfacing effort on PDH /RDH roads included approximately 1.79 lane kilometers at an estimated cost of $95,000.00. These projects were originally scheduled for completion in 2014 within the 5 year Capital Improvement Program (2013 — 2017). All 2013 resurfacing projects were fully funded by the City. Year Street From To Lane -Km 2014 Smythe Street Union Street Station Street 0.67 2014 Digby Ferry Road Lancaster Street End 1.12 PDH /RDH surface condition - The 77.36 lane- kilometres of PDH /RDH streets are expected to be in an acceptable condition by 2015 although it must be emphasized that the street sections identified in this Capital Improvement Program from 2014 to 2018 for asphalt resurfacing should be completed prior to requiring total street reconstruction at five times the cost of resurfacing. The Simms Corner Corridor (Fairville Boulevard from Bleury Street to Simms Corner, Simms Corner and Bridge Road) is also part of the Provincial highway system in the City. Provincial funding for the intersection realignment and road reconstruction project is significantly more than what is provided annually under this PDH Capital Improvement Program. Staff, therefore, continues to emphasize the need for a Provincial funding commitment outside the PDH program. The Province has not committed to funding for this project. Such a funding agreement and the M &C2013 -201 September 16, 2013 Page 3 acquisition of all lands necessary for the project's realignment must be finalized before this project can proceed. Further, Council will need to determine when it will be financially feasible to fund its share of this major project. RECOMMENDATION Staff recommends that Council: 1. Adopt the attached Provincially Designated Highways Five -Year Capital Improvements Program for the years 2014 -2018. 2. Authorize the Mayor to submit the proposed Provincially Designated Highways Five - Year Capital Improvements Program for the years 2014 -2018 to the Minister with copies to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. Respectfully submitted, R. Kevin Rice, B.Sc., CET Deputy Commissioner Transportation and Environment Services Wm. Edwards, P. Eng. Commissioner Transportation and Environment Services 4 t V� 11rC71 atrick Woods, CGA y Manager MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS ESTIMATES SHOWN REPRESENT PROVINCIAL PORTION OF PROJECT Priority Project Location Project Description Other City Share Share 2014 Kennebecasis Drive (RDl4) Sommers ille Ferry Landing to Asphalt resurfacing including structure 17,000 17,000 Sandy Point Road adjustments and cold trilling. (0.53LK) 2014 Loch Lomond Road (PDH) - Airport Arterial to St. Martins Asphalt resurfacing including structure 325,000 140,000 Road adjustments and cold milling. (7.39LK) 2014 Rothesay Road (PDH) Rothesay Avenue to Ashburn Asphalt resurfacing including structure 178,000 77.000 Road and Ashburn Road to Pride Rock adjustments and cold milling. (4.01 LK) Court (R.R. Bridge) 2015 Fairville Boulevard, (PDH) Fairville Boulevard (Harding Asphalt resurfacing including structure 168,000 72,000 Station Street Street to Simms Corner), Station Street adjustments and cold milling. (3.83LK) (,Smythe Street to City Road) 2015 Lancaster Street, (RD H) Lancaster Street (Digby Ferry Asphalt resurfacing including structure 95,000 95,000 Somerset Street Road), Somerset Street (Paradise Row adjustments and cold milling. (2.92LK) to Barker Street) 2015 Main Street (PDH) - Chesley Drive to Viaduct and Asphalt resurfacing including structure 147,000 63,000 Viaduct to Union Street adjustments and cold milling. (3.46LK) TOTAL COST $930,000 $464,000 Related Protects Project Location Project Description Other City Share Share * *' Rothesay Road (PDH #TOO) - Ashburn Road to Pride Rock Stonn sewer, (sanitary sewer ?),road TBD TBD Court widening, curb, sidewalk, landscaping, paving Simms Corner Corridor - (PDH 4100) - Fairville Boulevard - Simms Special Route #100 Comer - Bridge Road Corridor (Catherwood Street to Reversing Falls Bridge) Realignment of intersection including TBD TBD consn-action management services TOTAL: to- City of Saint John Retirees Association September 8t ",2013 -09 -08 Mr.Jonathon Taylor Common Clerk City of Saint John SaintJohn,N.B. P.O.Box 1971, E21. 41.1 Dear for /%%Q9- (� On the 27 May 2013 The Retirees Association passed a motion that a committee of 3 retirees meet with the Mayor and Council,with the request that a Retiree be appointed to the Board of Trustees. Would you please arrange a time and date,either in Committee of the Whole or in Open session for our committee to make a presentation. The Retirees committee is comprised of David Gould,Maureen Smith and Claude MacKinnon. Sin rely Z4--- .Claude MacKinnon President,City of Saint John Retirees Association September 23, 2013 Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Amendment to Sunday Shopping By -law (By -law Number M -32) Background: The Saint John Board of Trade was asked to provide feedback to Common Council in March of 2013 regarding Sunday shopping. Based upon positive statistical feedback from the members of the Saint John Board of trade, I recommend an amendment to the current Sunday Shopping bylaw. This amendment will allow businesses to establish their own hours of operation on Sunday without being prohibited by the Sunday Shopping bylaw (by -law number M -32) currently in effect. Motion: Direct the City Manager to take the necessary steps to amend the Sunday Shopping by -law (By- law Number M -32) to allow for retailers to choose their own hours of operation on Sundays. Respectfully Submitted, Greg Norton Councillor (Ward 1) City of Saint John (received by email) SAINT 1OHN P.O. Box 1971 Saint John, NB Canasta E2L 40 I wvmsaingohn.ca I C.P. 1971 Saint John, N-9. Canada E2L4L1 t ;tip: City Solicitors Office Bureau de Pavocat municipal Section 10.2(4)(f) September 23rd, 2013 Committee of the Whole of Common Council of The City of Saint John Mayor Norton and Committee Members: Re: Authorization under the Community Planning Act to issue Orders Currently only Mr. David Crawford in his capacity as Deputy Building Inspector has been authorized to issue Orders under section 93 of the Community Planning Act. Previously that authority was also given to Mr. Bill Edwards in his capacity as Building Inspector but that role is now occupied by Ms. Amy Poffenroth. Accordingly, it would be in order to authorize Ms, Poffenroth in her capacity as Building Inspector to issue the Orders in question, The following is the text of an appropriate resolution; RESOLVED that Ms. Amy Poffenroth in her capacity as Building Inspector of the City of Saint John is hereby authorized to issue those Orders provided for by section 93 of the Community Planning Act in the course of enforcing a provision of the Act, a by -law regulation thereunder or terms and conditions imposed pursuant thereto, Respectfully Submitted, L'L; JohA', Nugent City Solicitor 4 �� '� Uri SAINT JOIN P.O. Box 1971 Saint John, NB Canada E2L 40 1 wawvsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 max, September 23, 2013 Deputy Mayor and Councillors Subject: Investigative Solutions Network Progress Report and Funding Approval The Committee of the Whole, having met on September 23, 2013, recommended the following: That in accordance with Schedule 1 of the contract between the City and Investigative Solutions Network that the expenditure of a further sum of $100,000 inclusive of HST be approved and that ISN can continue with the Work and Deliverables as set out in the contract. Sincerely, Mayor Mel Norton l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1