2014-10-14_Agenda Packet--Dossier de l'ordre du jourr.
City of Saint John
Common Council Meeting
AGENDA
Tuesday, October 14, 2014
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait 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 of September 29, 2014 2 - 11
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1
Acquiring of Title to Fire Lane off Alma Street East (Recommendation in Report)
12-15
5.2
Easements for Pole Anchors for Bell Aliant and Saint John Energy - McIntosh St
16-21
- PID 00042614 (Recommendation in Report)
5.3
Proposed Amendment to Parking Meter By -Law Sydney Street - Princess Street
22-25
to King Square South (Recommendation in Report)
5.4
Saint John Major Midget Vitos Hockey Sponsorship (Recommendation: Approve
26-27
Silver Sponsorship $250 from Unspecified Grants)
5.5
Cherry Brook Zoo - Budget Submission to the City of Saint John 2015
28-51
(Recommendation: Refer to 2015 Budget)
5.6
Harding Street West - Truck Traffic (Recommendation: Refer to City Manager)
52-52
6. Members Comments
1 Powered By; $ 1BE'
7. International Day for the Eradication of Poverty
7.1 International Day for the Eradication of Poverty
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
10. Consideration of By -laws
10.1 Third Reading Zoning ByLaw 139 -147 Prince Edward Street and 36 -38
Exmouth Street
11. Submissions by Council Members
11.1 Motion to Amend Bylaw M -2 A Bylaw for the Storage Collection and Disposal
of Solid Waste in The City of Saint John (Councillor MacKenzie)
11.2 Supporting Literacy in our City of Saint John (Councillor Norton)
12. Business Matters - Municipal Officers
12.1 Railway Safety in Saint John
13. Committee Reports
13.1 Shared Risk Pension Plan Board - Invitation to Council for Annual General
Meeting
13.2 Saint John Police Force 2014 Operating Budget - August Financial Results
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Fundy Regional Service Commission - 2015 Draft Budget and Presentation for
Review
16. Supplemental Agenda
16.1 Release of Option for City to Repurchase Lands Formerly Known as Wigmore
and Philip Courts and PID No. 55160691
16.2 Clean Sweep Initiative
16.3 Influenza Vaccines to Employees
17. Committee of the Whole
18. Adjournment
1
53-53
54 -55
56-56
57-58
59-66
67-67
..
75-85
89 -91
92-109
City of Saint John
Common Council Meeting
Tuesday October 14, 2014
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 Financial Matter 10.2(4)(c)
1.3 Legal Advice 10.2(4)(f)
1.4 Personal Information 10.2(4)(b)
1.5 Financial Matter 10.2(4)(c)
The City of Saint John
Seance du conseil communal
Le lundi 14 octobre 2014
18 h 30 Salle du conseil
Comit6 plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en franrais pour une r6union du Conseil
communal, veuillez communiquer avec le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalit6 ou en partie, peut faire Pobjet d'une discussion en
priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalites. Le
conseil ou le comit6 prendra une ou des d6cisions a cet &gard au cours de la seance
publique :
16 h 30 — Salle de conference, 8e 6tage, h6tel de ville
1.6 Approbation du proc6s- verbal — alin&a 10.2(4)b)
1.7 Question financi&e — alin6a 10.2(4)c)
1.8 Conseil juridique — alin&a 10.2(4)f)
1.9 Renseignements personnels — alin6a 10.2(4)b)
1.10 Question financiere — alin6a 10.2(4)c)
Seance ordinaire
1.Ouverture de la seance, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 29 septembre 2014
3. Adoption de Pordre du jour
4. Divulgations de conflits d'interets
5. Approbation du conseil
5.1 Acquisition du titre de la voie r6serv6e au service d'incendie pres de la rue
Alma Est (recommandation figurant au rapport)
5.2 Servitudes relatives aux poteaux communs et d'ancrage pour Bell Aliant et
Saint John Energy visant la rue McIntosh, NID 00042614 (recommandation
figurant au rapport)
5.3 Modifications proposees a 1'Arrete concernant les parcometres — Rue
Sydney, de la rue Princess a King Square Sud (recommendation figurant au
rapport)
5.4 Parrainage de 1'equipe de hockey des Vitos de Saint John, midget majeur
(recommendation : approuver le parrainage de 250 $ a meme le fonds de
subventions non precise)
5.5 Zoo Cherry Brook — Soumission du budget de 2015 a la Ville de Saint
John ( recommandation : soumettre au processus budgetaire de 2015)
5.6 Rue Harding Ouest — Circulation de camions ( recommandation
transmettre au directeur general)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Journee internationale pour 1'e1imination de la pauvrete
8. Delegations et presentations
9. Audiences publiques —18 h 30
10. Etude des arretes municipaux
10.1 Troisieme lecture de 1'Arrete de zonage visant les 139 -147,
rue Prince Edward et les 36 -38, rue Exmouth
11. Interventions des membres du conseil
11.1 Motion visant a modifier 1'Arrete ri M -2 reglementant 1'entreposage, la
collecte et 1'e1imination des dechets solides sur le territoire de The City of Saint
John (conseiller MacKenzie)
11.2 Soutenir 1'alphabetisation a Saint John (conseiller Norton)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Securite ferroviaire a Saint John
13. Rapports deposes par les comites
13.1 Conseil d'administration de la Commission du regime de retraite a risque
partage — Invitation au conseil pour 1'assemblee generale annuelle
13.2 Budget de fonctionnement du Service de police de Saint John de 2014 —
Bilan financier d'aout
14. Etude des sujets ecartes des questions soumises a Papprobation du conseil
15. Correspondance generale
15.1 Commission de services r6gionaux de Fundy — Budget provisoire pour
2015 et presentation aux fins d'examen
16.Ordre du jour suppl6mentaire
16.1 Lev6e d'option visant a permettre a la Ville de racheter les terrains
autrefois appel6s cours Freedom et Vimy et le NID 55160691
16.2 Initiative de grand menage
16.3 Administration du vaccin antigrippal aux employes
17. ComW pl6nier
18. Lev6e de la s6ance
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — SEPTEMBER 29, 2014 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe,
MacKenzie, McAlary, Merrithew, Norton, and Reardon
Regrets: Councillor Strowbridge
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Administrative Services; W.
Edwards, Commissioner of Transportation and Environment
Services; N. Jacobsen, Commissioner Strategic Services; A.
Poffenroth, Deputy Commissioner Building and Inspection
Services; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P.
Anglin, Deputy Common Clerk.
Call To Order — Prayer
Mayor Norton called the meeting to order and Rev. Doug Moore of the Pentecostal
Assemblies of Canada offered the opening prayer.
2. Approval of Minutes
2.1 Minutes of September 8, 2014
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the minutes of the meeting of
Common Council, held on September 8, 2014 be approved.
Question being taken, the motion was carried.
2.2 Minutes of September 9, 2014
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the minutes of the meeting of
Common Council, held on September 9, 2014 be approved.
Question being taken, the motion was carried.
2.3 Minutes of September 15, 2014
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the minutes of the meeting of
Common Council, held on September 15, 2014 be approved.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Deputy Mayor Rinehart
Seconded by Councillor McAlary
RESOLVED that the agenda of this meeting be
approved with the addition of items 16.1 Larche Memorial Park; and 17.1 CUPE, Local
18 and M.B.v. The City of Saint John Notice of Appeal.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
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SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M &C 2014-
168: Consent Agreement for Proposed Encroachment of Brunswick Pipeline KP-
23.525, the City of Saint John enter into a Consent Agreement with Brunswick Pipeline
subject to the terms and conditions in the submitted Agreement, for the purposes of
facilitating the sanitary force main installation as part of the Dever Road - Sanitary Lift
Station "Y" Replacement project and that the Mayor and Common Clerk execute the
said agreement.
5.2 That as recommended by the City Manager in the submitted report M &C 2014-
162: 2014 Fall Debenture Issue:
WHEREAS occasion having arisen in the public interest for the following public civic
works and needed civic improvements, that is to say:
GENERALFUND
General Government
$
250,000
Protective Services
$
1,000,000
Transportation Services
$
500,000
Economic Development
$
1,250,000
Parks and Recreation
$
1,000,000
$4,000,000
WATER & SEWERAGE UTILITY
Water System $ 2,000,000
Wastewater System $ 2,000,000
$4,000,000
REFINANCE DEBENTURES
Debenture No. AR 11 -2004 $ 3,940,000
(General Fund — 5 years)
Debenture No. AR 12 -2004 $ 4,680,000
(Water & Sewerage — 10 years)
Debenture No. AR 13 -2004 $ 280,000
(Transit Commission — 5 years)
$8,900,000
TOTAL $16,900,000
1. Therefore resolved that debentures be issued under provisions of the Acts of
Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount
of $16,900,000.
2. Commissioner of Finance be authorized to issue and to sell to the New
Brunswick Municipal Finance Corporation (the "Corporation) a City of Saint John bond or
debenture in the principal amount of $16,900,000 at such terms and conditions as are
recommended by the Corporation.
3. And further that the City of Saint John agrees to issue post -dated cheques to the
Corporation, or other such arrangements as the Corporation may from time to time
accept, in payment of principal and interest charges on the above bond or debenture as
and when they are required by the Corporation.
4. And further that the Commissioner of Finance be hereby authorized to receive an
offer in connection with the foregoing debentures at a price not less than $98 per $100 of
debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed
15 years for the issue related to the General Fund and not to exceed 20 years for the
Water & Sewerage Utility. For refinancing debentures from 2004, term not to exceed 5
years for the General Fund and refinancing term not to exceed 10 years for the Water
and Sewerage Utility.
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
5. And further that the Commissioner of Finance report to Common Council the
exact values for price per $100 of debenture, interest rate and term in years, together
with the date of the issue.
5.3 That as recommended by the City Manager in the submitted report M &C 2014-
167: 2014 Fleet Replacement - Tender Awards - Phase IV, Common Council award the
tenders as follows:
1) Two (2) three - quarter -ton four - wheel -drive extended cab pickup trucks at a total cost
of $85,090.00 plus HST to Downey Ford Sales Ltd.; and
2) Two (2) side - loading refuse packers at a total cost of $434,600.00 plus HST to
Saunders Equipment Ltd.
5.4 That as recommended by the City Manager in the submitted report M &C 2014-
165: Proposed Public Hearing Date - 30 Stonegate Drive 165 Drury Cove Road & 168 -
172 Belmont Street, Common Council schedule the public hearings for the rezoning and
Section 39 applications of Dennison Properties Inc. /NY Thermal Inc. (30 Stonegate
Drive /65 Drury Cove Road) and Diesel Power Service Ltd. (168 -172 Belmont Street) for
Monday, November 10, 2014 at 6:30 p.m. in the Council Chamber, and refer the
applications to the Planning Advisory Committee for a report and recommendation.
5.5 That as recommended by the City Manager in the submitted report M &C 2014-
167: Street Naming, Common Council amend the list of Official Street Names and
approve the following changes:
1. Add the name voie Vitality Way; and
2. Add the name allee Bloom Lane.
5.6 That pursuant to Section 14 of the Police Act of the Province of New Brunswick,
the Common Council of the City of Saint John does hereby appoint the following
members of the Canadian Corps of Commissionaires as By -Law Enforcement Officer
with the responsibility and authority to enforce provisions of the Parking Meter By -Law
and the provisions of Section 5 Section 5.1, Section 7, Section 8, Section 15 and Section
16 of the Saint John Traffic By -Law, namely: Rachael Gooding and Wayne Cormier.
And further, that this appointment shall continue until such time as the appointee ceases
to be a member of the Canadian Corps of Commissionaires or until the appointment is
rescinded by Common Council, whichever comes first.
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the recommendations 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
9. Public Hearings 6:30 P.M.
9.1 Staff Presentation - Proposed Rezoning and Variances for 139 -147 Prince
Edward Street and 36 -38 Exmouth Street
9.1.1 Proposed Zoning ByLaw Amendment 139 -147 Prince Edward Street and 36-
38 Exmouth Street
9.1.2 Planning Advisory Committee Report Recommending Rezoning
The Common Clerk advised that the necessary advertising was completed with regard to
amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
of land having an area of approximately 1224 square metres, located at 139 -147 Prince
Edward Street and 36 -38 Exmouth Street, also identified as PID numbers 55192157,
00012534, 00012914, 55086060 and 00012526, from "RM -IF" Multiple Residential Infill
to "B -2" General Business, with no objections being received.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its September 16, 2014
meeting at which the Committee recommended the rezoning of a parcel of land located
at 139 -147 Prince Edward Street and 36 -38 Exmouth Street as described above.
The Mayor called for members of the public to speak against the amendment with no
one presenting
The Mayor called for members of the public to speak in favour of the amendment with
Seth Asimakos, General Director Saint John Community Loan Fund, stating that the
amendment fits with Plan SJ's goal to create an entrepreneurial hub and poverty
reduction facility.
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 1224 square metres, located at 139 -147 Prince Edward Street and 36 -38
Exmouth Street, also identified as PID numbers 55192157, 00012534, 00012914,
55086060 and 00012526, from "RM -IF" Multiple Residential Infill to "B -2" General
Business, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The
City of Saint John."
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the
Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of
approximately 1224 square metres, located at 139 -147 Prince Edward Street and 36 -38
Exmouth Street, also identified as PID numbers 55192157, 00012534, 00012914,
55086060 and 00012526, from "RM -IF" Multiple Residential Infill to "B -2" General
Business, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of
The City of Saint John."
9.2 Staff Presentation - Municipal Plan Amendment, Rezoning and Variance for
55- 65 University Avenue
9.2.1 Proposed Municipal Plan and Zoning ByLaw Amendments 55 -65
University Avenue
9.2.2 Planning Advisory Committee Report Recommending Denial of the
Proposal
9.2.3 Letter of Opposition from K. Bbschlepp re: 55 -65 University Avenue
9.2.4 Cobalt Property Investments Limited Letter to Withdraw Application for
a Muncipal Plan
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that Common Council accept the
request to withdraw Cobalt Property Investments Limited's application to rezone and
amend the Municipal Plan and Zoning Bylaw associated with PID numbers 55221717
and 55024210 at 55 -65 University Avenue.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
10. Consideration of By -laws
(Councillor Reardon withdrew from the meeting)
10.1 ZoneSJ Public Hearing: Response to Public Input
10.1.1 ZoneSJ Council Briefing Presentation
J. Hamilton presented a Zone SJ Briefing to Council that demonstrated how developing
a high density core, referred to as the Primary Development Area (PDA), provides the
largest tax return and return on investment.
S. Forfar presented staff recommendations for the 9 property specific submissions heard
in the public session:
1. AI's Ultra Car Sales
2. Strescon
3. Dowd Group
4. Bev Puriton
5. Bryce Beyea
6.& 7. Michelle Luck, Sean Luck
8. Mike Francis
9. Dennis Griffin
Responding to a question, the City Solicitor commented on late public submissions,
advising that only submissions made at the public hearing may be considered.
On motion of Councillor Farren
Seconded by Councillor MacKenzie
RESOLVED that in accordance with the Procedural
Bylaw the meeting be permitted to extend beyond 10:00 p.m.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -163: ZoneSJ Public Hearing: Response to
Public Input, Common Council:
1. Approve the following non - substantial changes to the Zoning By -law to address
recommendations provided by the PAC:
a) Amendment of the Urban Centre Residential (RC) Zone to permit new one -unit
dwellings;
b) Amendment to the parking provisions to eliminate the requirement for on -site parking
to be provided for replacement buildings in the area identified on Schedule C: Uptown
Parking Exemption Area; and
c) Amendment to the amenity space requirements to eliminate the requirement for the
area identified on Schedule C: Uptown Parking Exemption Area.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Deputy Mayor Rinehart
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -163: ZoneSJ Public Hearing: Response to
Public Input, Common Council:
2. Approve the following non — substantial changes to the Zoning By -law to address
submissions made by members of the public as part of the September 8, 2014 public
hearing:
a) Rezone the Strescon property, identified as PID 55020259, to the Heavy Industrial
(IH) zone, subject to Council concurrence that the provisions of proposed Policy LU -80
have been satisfied, which allows for expansion of existing capital- intensive industry in
the PDA through a rezoning process and written agreement by Strescon that the existing
Section 39 conditions remain in force and effect;
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
b) Amend the General Commercial (CG) zone to recognize Vehicle Sales and Leasing,
Existing as a permitted use in the zone to increase the clarity and transparency in how
this land use has been accommodated in this zone; and
c) Amend the secondary suite provisions to increase the proposed cap on the maximum
permitted floor area from 70 square metres to 90 square metres.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -163: ZoneSJ Public Hearing: Response to
Public Input, Common Council:
3. Direct considerations of the following plan amendments, subsequent to ZoneSJ
adoption:
a) The re- designation of AI's Ultra Car Sales & Service to Stable Commercial to allow
the potential for future commercial and industrial land uses, beyond those currently
permitted, to be considered through a rezoning process initiated by the property owner.
Question being taken, the motion was carried.
On motion of Deputy Mayor Rinehart
Seconded by Councillor Norton
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -163: ZoneSJ Public Hearing: Response to
Public Input, Common Council:
4. Consider the following site specific requests through the five year review of PlanSJ or
subject to specific plan amendment proposals submitted by the property owners:
a) To permit the intensification of industrial land uses along the Dowd Group of
Companies land holdings located on Somerset Street, generally inclusive of PIDs
55008858, 00049809, 55123582, 55123590, 55123616, 55123632, 55149991,
00046417, 00052423, 55089932, and 00052282.
b) To accommodate rural residential subdivision development as addressed in
submissions made by Michelle Luck, Sean Luck, Mike Francis, and Dennis Griffin.
c) To expand the Primary Development Area as addressed in submissions made by Bev
Puritan and Bryce Beyea.
Question being taken, the motion was carried with Councillor
Merrithew, voting nay.
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -163: ZoneSJ Public Hearing: Response to
Public Input, Common Council:
5. Waive any required planning application fees by any of the site specific land owners
identified through the Public Hearing, provided an application is made within 12 months
of the date of the adoption of the Zoning By -law.
Question being taken, the motion was carried with Councillor Merrithew
voting nay.
10.2 Proposed Municipal Plan Amendment - 1808 Hickey Road
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the proposed Municipal Plan By-
Law amendment regarding 1808 Hickey Road be referred to the Planning Advisory
Committee for a report and recommendation and the necessary advertising be
authorized with a Public Hearing to be held on Monday, November 10th, 2014 in the
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
Council Chamber at 6:30 p.m.
Question being taken, the motion was carried.
10.2.1 Proposed Municipal Plan Amendment Haldor (1972) Ltd. — 1808 Hickey
Road Potential Need for Rezoning
On motion of Councillor Merrithew
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -166: Proposed Municipal Plan Amendment
Haldor (1972) Ltd. — 18081 Hickey Road Potential Need for Rezoning, Common Council
include consideration of a possible rezoning of the property at 1808 Hickey Road, from
Rural (RU) to Two -Unit Residential (R2) and High -Rise Residential (RH), in the
advertisement for public hearing of the application of Haldor (1972) Ltd. for amendment
to the Municipal Plan, in the event that the proposed new Zoning By -law has been
adopted and By -law C.P. 100 has been repealed.
Question being taken, the motion was carried.
10.3 Third Reading - A Law to Amend a ByLaw Respecting Water and Sewerage
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that a by -law entitled, "By -Law
Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage" amending
Section 2, Service Connections and amending Section 3, be read.
Question being taken, the motion was carried.
The by -law entitled, "By -Law Number M -16 A Law to Amend a By -Law Respecting
Water and Sewerage ", was read in its entirety.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that a by -law entitled, "By -Law
Number M -16 A Law to Amend a By -Law Respecting Water and Sewerage" amending
Section 2, Service Connections and amending Section 3, be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled, "By -Law Number M -16 A Law to Amend a
By -Law Respecting Water and Sewerage ".
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 City Vehicles (Councillor Farren) (Tabled Aug 18, 2014)
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that 12.1 City Vehicles (Councillor
Farren), be lifted from the table.
Question being taken, the motion was carried.
G. Yeomans outlined the Mercury and Associates Report Phase 1 Governance and
Phase 2 Fleet Sizing. Due to time constraints the presentation was interrupted at 6:30
p.m. to allow for the scheduled public presentation and continued after the public
presentation concluded.
n.
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COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
12.1.1 Update on Fleet
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -171: Update on Fleet, be received for
information.
Question being taken, the motion was carried.
12.1.2 Consultants Report - Fleet Evaluation Project
The report was received for information at a prior meeting on Common Council held on
December 12, 2011.
12.1.3 Fleet Usage Policy (Tabled September 15, 2014)
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that the report M &C 2014 -153: Fleet
Usage Policy, be received for information.
Question being taken, the motion was carried.
(Councillor Farren withdrew from the meeting)
12.2 Summary of the Federation of Canadian Municipalities' Board of Directors
and Standing Committee Meetings, Saguenay, Quebec, September 3 -6,
2014
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the report Summary of the
Federation of Canadian Municipalities' Board of Directors and Standing Committee
Meetings, Saguenay, Quebec, September 3 -6, 2014, be received for information.
Question being taken, the motion was carried.
(Councillor Farren re- entered the meeting)
12.3 2013 Annual Report
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the report 2013 Annual Report,
Common Council receive the 2013 Annual Report, Investment in Our Priorities - Building
a Sustainable Saint John for information.
Question being taken, the motion was carried.
12.4 Common Council Open Houses, Fall 2014
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that as recommended by the City
Manager in the submitted report Common Council Open Houses, Fall 2014, Common
Council proceed with Common Council Open Houses as detailed.
Question being taken, the motion was carried with Councillor Fullerton
voting nay.
13. Committee Reports
13.1 Fundy Region Solid Waste Commission - Waste Diversion Program - Fundy
Region
9
99-
COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
The Mayor commented on the Commission recommendation and asked for Council
input. The waste diversion report offers three options for a long term waste diversion
plan. Option 2 is not recommended because environmental impacts. Option 1 maintains
the status quo with a $150,000 increase for the City of Saint John. Option 3 provides the
most progressive option for environmental impact with a financial increase of $500,000
to the City. Regional collaboration on shared services may enable cost savings to
satisfy Option 3 without an increase to the City budget or taxes.
On motion of Councillor Merrithew
Seconded by Councillor Farren
RESOLVED that the Mayor be authorized to
support Option 3, if through regional shared services cost efficiencies can be achieved to
offset any budget increase, and further that the report entitled, Fundy Region Solid
Waste Commission — Waste Diversion Program — Fundy Region be received for
information.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Deputy Mayor Rinehart
RESOLVED that Marc MacLeod, General Manager
of Fundy Region Solid Waste, and Jack Keir, Executive Director of the Fundy Regional
Service, be invited to present to Council this fall on future waste diversion options.
Question being taken, the motion was carried.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
16.1 Larche Memorial Park
On motion of Councillor Norton
Seconded by Deputy Mayor Rinehart
RESOLVED that Common Council endorse the
official naming of the Quinton Heights Parks, on the City's west side, as the " Larche
Memorial Park."
Question being taken, the motion was carried.
17. Committee of the Whole
17.1 17.1 CUPE, Local 18 and M.B.v. The City of Saint John Notice of Appeal
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as recommended by the
Committee of the Whole, having met on September 29, 2014, Common Council adopt
the following:
The City Solicitor or his designate is hereby authorized and directed by Common Council
to commence and proceed with an appeal of the August 27th, 2014 decision of Mr.
Justice Christie of the New Brunswick Court of Queen's Bench issued in the matter of
Canadian Union of Public Employees, Local 18 and M.B. v. The City of Saint John
(further identified by the citation 2014 NBQB 201) to the Court of Appeal of New
Brunswick.
WHEREAS pursuant to the aforesaid Committee of the Whole resolution, a Notice of
Appeal was filed with the Court of Appeal on the 25th day of September 2014.
AND WHEREAS the Common Council Meeting of September 29th, 2014 is the first
Common Council meeting to be held subsequent to the Committee of the Whole's
adoption on September 22nd, 2014 of the aforesaid resolution.
10
99-
COMMON COUNCIL /CONSEIL COMMUNAL
SEPTEMBER 29, 2014/LE 29 SEPTEMBRE 2014
NOW THEREFORE BE IT RESOLVED that Common Council hereby ratifies the filing of
the aforesaid Notice of Appeal.
Question being taken, the motion was carried.
18. Adjournment
On motion of Councillor Norton
Seconded by Deputy Mayor Rinehart
RESOLVED that the meeting of Common Council
held on September 20th, 2014 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 10:56 p.m.
Mayor / maire
Common Clerk / greffier communal
11
REPORT TO COMMON COUNCIL
M &C 2014 -175
October 9, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Acquiring of Title to Fire Lane off Alma Street East
BACKGROUND:
Common Council at its September 2, 2014 meeting adopted the following
resolution:
1
City of Saint john
"That the Common Clerk be authorized to commence the necessary advertisement
regarding Common Council's intention to pass a resolution acquiring title to that
portion of a Fire Lane depicted on a sketch attached to this M & C No. 2014 -37;
and further, that the cost of advertisement be born by Dobbelsteyn Care Home
Ltd."
The process of acquiring title to the lane involves the City publishing a notice of
its intention to acquire title to a fire lane in a local newspaper once per week for
five (5) consecutive weeks. Once advertisement is completed, two - thirds of the
total membership of Council must vote in favour of acquiring title to the lane, in
order for title to vest in the City. if title does vest, it vests subject to any existing
easements expressly granted to or otherwise acquired by the adjoining lot owners.
The required public advertising has occurred.
ANALYSIS
Upon the preparation of writing this report, staff are not aware of any concerns
raised either verbal or in writing in the consideration of the City acquiring title to
a portion of the Fire Lane as depicted on an attached map.
If Council is in agreement, the following recommendation will facilitate the City
acquiring title to the specified portion of Fire Lane and conveyance to
Dobbelsteyn Care Home Ltd.
12
M &C- 2014 -175 -2-
October 9, 2014
RECOMMENDATIONS
1. That the fee simple title in the lands commonly referred to as "service
lane" or "fire lane ", as hereinafter described, vests in the City of Saint
John subject to any easements over the same expressly granted to or
otherwise acquired by adjoining lot owners:
"All that certain lot, piece or parcel of land situate, lying and being in the
City of Saint John, in the County of Saint John, in the Province of New
Brunswick being more particularly described as follows.
Having its point of beginning at the intersection of the northeastern limits
of Alma Street and the northwestern sideline of Lot 11 -1 shown on
Subdivision Plan "Dobbelsteyn Care Home Ltd" filed in the Saint John
County Registry Office June 6, 2011 as Number 30180856.
Said point of beginning having a New Brunswick grid coordinate value
(NAD83 CSRS) of 2 536 935.990 metres East and 7 364 957.373 metres
North.
Thence on a New Brunswick grid azimuth of 331 degrees, 03 minutes and
30 seconds along the before mentioned northeastern limits of Alma Street,
a distance of 5.28 metres to the southwestern corner of Lot 11, Block 18
shown on Plan of Courtenay Bay Heights filed February 20, 1912 as
Number 35, File 8.
Thence on an azimuth of 60 degrees, 59 minutes and 30 seconds along the
southeastern sideline of the above mentioned Lot 11, a distance of 33.53
metres to the southeastern corner thereof.
Thence on an azimuth of 151 degrees, 03 minutes and 30 seconds along
the southeastward prolongation of the northeastern sideline of the above
mentioned Lot 11, a distance of 4.82 metres to the before mentioned
northwestern sideline of Lot 11 -1.
Thence on an azimuth of 240 degrees, 11 minutes and 50 seconds along
the before mentioned northwestern sideline of Lot 11 -1, a distance of
33.53 metres to the point of beginning.
The herein described tract of land containing an area of 169 square metres
and intended to be all that portion of the local common shown on Plan
Number 35, File 8 that is situate southeast of Lot 11 in Block 18 (between
Lot 11 and lands designated as Lauriston Company Ltd)."
13
M &C- 2014 -175
October 9, 2014
-3-
2. That The City of Saint John transfer its title in the lands to Dobbelsteyn
Care Herne Ltd.
Respectfully submitted,
urtis Lang le, BA
Real Estate Office
Gregory Y o any
Commi sio er
Finance a dmim
Attachment
CL /c
CGA, MBA
Services
14
Brian Irving, BBA
Manager Real Estate
a 'ek Woods, CGA
Ci y Manager
Portion of Fire Lane: to be acquired by the City
Printed: 03/31/14 16:01:31 PM
15
REPORT TO COMMON COUNCIL
M &C- 2014 -172
October 2, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
City of Saint John
SUBJECT: EASEMENTS FOR POLE ANCHORS FOR BELL ALIANT
AND SAINT JOHN ENERGY — MCINTOSH ST —PID 00042614
BACKGROUND:
Bell Aliant is constructing a data centre on their property fronting McIntosh
Street. This project requires that the existing poles, power lines and
communication lines be upgraded along McIntosh Street. Bell Aliant Regional
Communications Inc. and The Power Commission of the City of Saint John have
requested 2 easements to place, maintain and repair 4 anchors or guys attached
upon, over and across portions of the City owned land designated PID 00042614
bearing civic address 100 Boars Head Road (also fronting on McIntosh St). The
requested easements measure 7.7 square metres and 5.1 square metres. The
anchors are required due to the increased weight that will be borne by the poles.
The affected City property is currently used as the North Works Depot.
ANALYSIS:
Staff have reviewed the request and Easement for Pole Anchor Privilege
document, a copy of which is attached hereto, and there are no concerns or
objections. The consideration to the City for these easements is $400.00. This
reflects current market land values in this area, considering that the City shall
continue to have rights to place, maintain, repair and replace a fence on the
easement lands of such height, material and dimensions as the City deems
appropriate for its purposes. The North Works Depot perimeter /security fence
crosses the proposed easement lands.
The purpose of this report is to present the Pole Anchor Privilege document
attached to this report to Common Council for its consideration.
16
M &C- 2014 -172
October 2, 2014
RECOMMENDATIONS:
Sm
That:
1) The City of Saint John grant an easement and rights to Bell Aliant Regional
Communications Inc. and The Power Commission of the City of Saint John
for an anchor privilege over PID 0042614 in the form as attached to M &C
2014 - 172, and,
2) That the Mayor and Common Clerk be authorized to execute the necessary
documents to complete the transaction.
Respectfully submitted,
Paul Wilson, BBA
Real Estate Officer
Greg Yeomans, CGA, MBA
Commissioner of Finance
and Administrative Services
Attachments
17
Brian Irving, BBA
Manager Real Estate
Patrick Woods, CGA
City Manager
I.
King Rentals
Description of Plan: Nom Works Depot Area - Miffidgeville
PIa: 00042614 1 Anchor Easements Off McIntosh St.
t - Portion
PAN: 01663135 Date: 02 Ober, 2014
PID 42614
EASEMENT FOR ANCHOR PRIVILEGE
THIS INDENTURE made this _ _ day of
20104.
BETWEEN.
THE CITY OF SAINT JOHN, having its City Hall at
15 Market Square, P. O. Box 1971, Saint John,
New Brunswick, E21- 41-1, a body corporate by
Royal Charter, confirmed and amended by Acts of
the Legislative- Assembly of the Province of New
Brunswick, hereinafter called the "Grantor"
OF THE FIRST PART
-and -
SELL ALIANT REGIONAL COMMUNICATIONS
INC., duly incorporated under the laws of Canada,
having its registered office at 1505 Barrington
Street S, Halifax, Nova Scotia, B3J 2W3, and THE
POWER COMMISSION OF THE CITY OF SAINT
JOHN, 325 Simms Street, Saint John, New
Brunswick, E2L 4C7, a commission established by
resolution of the Common Council of the City of
Saint John, hereinafter called the "Grantees"
OF THE SECOND PART
WHEREAS the hereinafter described lands form part of lands owned by
the Grantor and identified by Service New Brunswick as Property Identifier
Number 42514;
WITNESSETH that the Grantor for and in consideration of the sum of
Four Hundred Dollars ($400.00) of lawful money of Canada to the Grantor in
hand well and truly paid by the Grantees at or before the ensealing and delivery e p
of these presents and for other good and valuable consideration, the
whereof is hereby acknowledged, has given and granted and by these presents
does give and grant unto the Grantees, their respective successor and assigns,
easement and
repair 4 anchors�or, Grantees, guys att ched upon, over a d across la
aintain and the
m
hereinafter described lands.
TO active Successors and f e the same unto and to the use
their rasp assigns. FOREVER, subject totheterms and
conditions hereinafter set out.
The lands subject to the hereinabove granted easement and rights, are
described as:
"AII those certain .lots, pieces and parcels of land situate, lying and being
In the city of Saint John, in the County of Saint John and Province of New
Brunswick, and designated "Easement A — 2 anchors, 5.1 m2' and
"Easement B — 2 anchors, 7.7 mR" on a plan of survey titled "Plan of
Survey Showing requirements for Public Utility Easements on City of
Saint John Property, City of Saint John, Saint John County, New
Brunswick" certified correct by Hughes Surveys & Consultants Inc., and
surveyed by John E. Calvin. N.S.L.S. # 353 an May 2Wh, 2014, a copy of
19
N
O
said Flan of Survey being attached hereto as Schedule "B' (hereinafter
the `Easement Lands ").
1. The within easement and rights are Subject to the Grantor's right to place,
maintain, repair and replace a fence on the Easement Lands of such height,
material and dimensions as the Grantor deems appropriate for its purposes;
2. The within easement and rights are granted on the express condition that:
a) each of the Grantees respectively shall be responsible for and shall
pay damages which may be caused by its employees or agents to the
land of the Grantor in the exercise of the Grantees' respective rights
granted hereunder at all times for the construction and maintenance
of the said anchors:
b) Each of the Grantees respectively hereby indemnify and save
harmless the Grantor, its employees and officers, from and against all
actions arising from the exercise of the Grantees' rights granted
hereunder.
3. The Grantees shall have the right to trim and/or cut dawn, control or
prevent the growth of any trees or bushes on the basement Lands which, in the
opinion of the Grantees, may be hazardous to their said anchors.
THIS INDENTURE shall enure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents
to be duty executed the day and year first above written.
SIGNED, SEALED & DELIVERED } THE CITY OF SAINT JOHN
)
}
} Mayor
}
}
} Common Clerk
)
} Common Council Resolution:
}
}
} BELL ALIANT REGIONAL
1 COMMUNICATIONS INC.
20
Per:
Kaylin
Real Estate Manager
POWER COMMISSION OF THE
CITY OF SAINTJOHN
Par:
Ray Robins , President
N
Schedule "B"
NOTES
1, Directions are N. B. Grid azimuths derived from G.P.S.
Iobservations on N.B. Mon, 28160.
(NAD83 CSRS HPN Values)
o ' 2. All document and plan reference rotor to the Registry
.2 U Office for the County of Saint Jahn
3. Field survey completed on May 27, 2014
4. All computations performed and coordinates shown on
this plan are based on New Brunswick Stereagraphic
Double Projection and the NAD83(CSRS) Ellipsoid as
realized by Service New Brunswick High Precision
Network coordinate survey monuments.
Pale
29609
�O
e EQ2eanchorrs
$" 5.1 m2
Oki
Q!
co ry
0
Pole
296
New
40
41
42
43
44
45
46
47
28160
^lam \
PID 00042614
City of Saint John Property
Doe. 112063 Vol, 193 Pg. 310
Reg. Sept. 17, 1928
11 Easement Dimension Tabu
Scale Factor Applied 1.000028
Plan UT purvey
Showing requirements for Public Utility
Easements on City of Saint John
Property, City of Saint John,
Saint John County, New Brunswick.
Certified Correct
HUGHES SURVPYS Cl0 S LTANTS INC.
B
Surveyed by May 28. 2014
:No. s John E. Calvin Date
w Brunswick Land Surveyor 353
6 0 6 12 18 24
204501 �� 1:300 �.. metres
Dwg. No. Disk No. Topos Disk No. � 574i08B 2Qi4 1-114108 2014
q Dwn. By ,lab No. Map Ref.
B.S.M. Y14 -108 G a8— T1D.NE
21
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0
0
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3
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3
i
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A
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z
43 -42
5.15
103' 10' 30"
43 -40
1,01
19' 43' 00'
42 -41
1,00
13. 10' 30"
44 -45
8.05
142' 30' 5W
47-°46
7.40
142' 30' 50"
47 -44
1.19
19' 43' 00'
46 -45
1.00
52' 30' 50"
Brunswick Grid Co- "Ordinate Values
X
Y
W(S
2 531
452.985
7 365 829.900
CALC. PT.
2 531
457.887
7 365 828.753
CALL. PT.
2 531
457.659
7 365 827.779
CALL. PT.
2 531
452.645
7 365 828.953
CALC. PT.
2 531
437.244
7 365 785.981
CALC. PT.
2 531
442.141
7 365 779.596
cALC. PT.
2 531
441.348
7 365 778.987
CALC. PT.
2 531
436.843
7 365 784.861
CALC. PT.
2 535
354.190
7 383 188.696
N.B. MON. (HPN)
Scale Factor Applied 1.000028
Plan UT purvey
Showing requirements for Public Utility
Easements on City of Saint John
Property, City of Saint John,
Saint John County, New Brunswick.
Certified Correct
HUGHES SURVPYS Cl0 S LTANTS INC.
B
Surveyed by May 28. 2014
:No. s John E. Calvin Date
w Brunswick Land Surveyor 353
6 0 6 12 18 24
204501 �� 1:300 �.. metres
Dwg. No. Disk No. Topos Disk No. � 574i08B 2Qi4 1-114108 2014
q Dwn. By ,lab No. Map Ref.
B.S.M. Y14 -108 G a8— T1D.NE
21
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✓ '3
Saint John
Parking Commission
Commission sur
le stationnement de Saint John
M &C 2014 -173
October 6, 2014
His Worship Mayor Mel Norton
And Members of Common Council
Your Worship and Members of Council:
11th Floor, City Hall, 11i6me ttage, Mel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.B.M. -B. E2L 4L1
Tel/ T6I: (506) 658 -2897
Fax/ T6I600pieur. (506) 649 -7938
E -mail / Courriei: parking @saintjohn.ca
SUBJECT: PROPOSED AMENDMENT TO PARKING METER BY -LAW
SYDNEY STREET— PRINCESS STREET TO KING SQUARE SOUTH
The Saint John Parking Commission is planning to replace several single head parking meters
currently installed on the west side of Sydney Street between Princess Street and King Square
South with a pay and display machine. The pay and display machine was purchased by the City
of Saint John in a previous year. Street signage will also be installed to direct motorists to the
pay and display machine.
In order to properly enforce the Parking Meter By -law, it will be necessary to amend the by -law
so that this section of Sydney Street is listed on the appropriate schedule as follows:
Sydney Street, Princess Street to King Square South, West Side, be deleted from
Schedule A;
Sydney Street, Princess Street to King Square South, West Side, be added to Schedule B.
A copy of the by -law amendment is attached to this report.
RECOMMENDATION
It is the recommendation of the Saint John Parking Commission that Common Council approve
the attached amendment to the Parking Meter By -Law; and further, that the Mayor and
Common Clerk be authorized to sign the by -law amendment.
Respe&ysub ted ,
_r L4-,
icha §J.atrick Woods, CGA
General Manager City Manager
22
www.saintjohn.ca
BY -LAW NUMBER M -7
A BY -LAW TO AMEND A BY -LAW
WITH RESPECT TO PARKING ZONES
AND THE USE OF PARKING METERS
AND PAY AND DISPLAY MACHINES
Be it enacted by the Common Council of
The City of Saint John as follows:
A By -Law of The City of Saint John
entitled "A By -Law With Respect to Parking
Zones and The Use of Parking Meters and
Pay and Display Machines" enacted on the
15th day of March, 2004, is hereby amended
as follows:
1 Schedule "A" is amended by deleting the
following:
STREET LIMITS SIDE
Sydney Street Princess Street to West
King Square South
2 Schedule `B" is amended by adding to it
the following:
STREET LIMITS SIDE
Sydney Street Princess Street to West
King Square South
23
ARRETk NO M -7
ARRETk MODIFIANT L'ARRETf
CONCERNANT LES ZONES DE
STATIONNEMENT ET L'UTILISATION
DES PARCOMETRES ET DES
HORODATEURS
Lors d'une rdunion du Conseil communal,
The City of Saint John a decrete ce qui suit.
Pars les prdsentes, 1'arret6 de The City of
Saint John intitule << Arretd concernant les
zones de stationnement et Putilisation des
parcometres et des horodateurs » ddcrete le 15
mars 2004, est modifie comme suit:
1 L'annexe « A)> est modifid par la
suppression de ce qui suit
RUE LIMITES COTE
Rue Sydney de la rue Princess ouest
A la place King Sud
2 L'annexe «B» est modifid par Paddition
de ce qui suit :
RUE LIMITES COTE
Rue Sydney de la rue Princess ouest
A la place King Sud
IN WITNESS WHEREOF the City of Saint
John has caused the Corporate Common Seal
of the said City to be affixed to this By -law
the day of October, A.D. 2014 and
signed by:
Mayor /Maire
EN FOI DE QUOI, The City of Saint John <�
fait apposer son sceau communal sur le
present arrdtd le octobre 2014, avec les
signatures suivantes :
Common Clerk/Greffier communal
First Reading -
Premiere lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisieme lecture-
24
"
�.n
w
e s7q D %S -3
25
October 6, 2014
City of Saint John
15 Market Square
PO Box 1971
Saint John, New Brunswick
E21- 41-1
Honourable Mayor Norton and City Council,
On behalf of the Saint John Major Midget Vito's hockey team, I would like to request a
sponsorship donation from the City of Saint John. The Major Midget Vito's are oldest regional
hockey program in Southern New Brunswick and have been providing our players with
development opportunities through teamwork, dedication and a commitment to excellence
since our inaugural season in 1978.
Attached is an overview of the sponsorship donation opportunities available through our
annual Program Book. Thank you for your consideration and we hope to have the City on board
as one of our enthusiastic supporters for the 2014 -15 season.
If you require further information or have any questions please contact me by email at
ma'ormid etvitos mail.com or by phone at 651 -4425.
Sincerely,
Michael Alexander
Club President
Saint John Major Midget Vito's
PO Cox 4532, Ro hesay, NB, E2E 5X2
www .si-intjohr.vi'Losma ;ormidget.com
Compete. Pass'o . Respect.
26
Host of the 2016
Coupe TELUS Cur
.77*7~T E L U S'
The 2014 -15 edition of the Major Midget Vito's hockey team has embarked on another season
in the NB /PEI Major Midget Hockey League. The Vito's hockey program strives to develop
players from Sussex to St Stephen, including Kennebecasis Valley and the Greater Saint John
area, focusing on teamwork, dedication and a commitment to excellence as we proudly
represent our community.
Many aspiring young players ages 15 to 17 years old have used the Major Midget Vito's Hockey
program as a stepping stone to the following leagues: Quebec Major Junior Hockey League,
Maritime Junior A Hockey League, NCAA Collegiate Hockey, Canadian University Hockey,
NHL, Minor Pro Leagues such as the American Hockey League, the International Hockey
League and professional leagues in Europe.
In order for our hockey program to continue to develop quality individuals who will make
significant contributions in the community, we require strong support from our business
community. As one of our major fundraisers, we will be offering businesses in the area an
opportunity to purchase advertisement space in our program book. This program will be
distributed at all home games and we offer several advertising options to choose from:
Platinum Sponsor — Receives a full page advertisement in the Season Program, 6 season passes
and advertisement on the team website ( www. saintiohnvitosmajormidget.com). The sponsor will also
have the opportunity to bring a local minor hockey team to see a game, tour the locker room and
meet the players and coaches. As well, the selected minor hockey team will have players from the
Saint John Vito's Major Midget Hockey team attend one of their practices during the season. Cost is
$600.00.
Gold Sponsor — Receives a full page advertisement in the Season Program, advertisement on our
team website www.saintiohnvitosma'ormid et.com and 4 season passes for a minimal cost of
$450.00.
Silver Sponsor — Receives a half page advertisement in our Season Program and 2 season
passes for a fee of $250.00.
Bronze S onsor —Receives a quarter page advertisement for a fee of $100.00.
The Major Midget Vito's Hockey Team would like to take this opportunity to thank the local
business community for your past support and we look forward to your continued support of this
high performance program. Please make cheques payable to the "Major Midget Vito's ".
Sponsor Name:
Package Sponsored:
Phone #
Vito's Player Name:
If you require further information please contact: Mike Alexander (Club President) by email at
maiormidgetvitosAwail.com.
27
MUNICIPAL SPQNSORS
PO rrx °:971
E 2 L 4L5
09
74 Hampton Road
Rothesay, NB
E2E 5L5
ANIMAL SPONSOR PROGRAM
iSFARTAN'• .Xi FW-
James Rory and Olga Grant
Rothesay, NB
Anonymous
Rothesay, NB
Mr. Jonathon Taylor
Common Clerk
City of Saint John
PO Box 1971
Saint John, NB E21, 4V 1
September 22, 2014
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 budget submission. If you have any questions please do not hesitate to
contact me. We would request to appear to make a short presentation to Mayor and
Council or with the City Finance if possible.
Also enclosed are budget documents for the City of Saint John Finance
Department.
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
° - `lam
Lynda Collrin BSc, MSc
Volunteer Director Zoo Development / Primatologist
Cherry Brook Zoo Inc.
1 �.: is, l incc�rpor• . .- i °;afit ` ,. anization C ^77
I
.1_
F /
Protecting and Preserving our World's
Animal Species for Future Generations
Registered Non - Profit Charitable Organization
%VMCHEMUN"ROO M `Dr,( Dai
S UBMIS SION
to the
"' OF SAINT JOHN 201, 5
29
V. 1 F'ti'44
i` i121<`
I.iUNICIPAL SPONSORS
?J 2ox 97
W-it John, N i
r.Y'- 4L1
70 Hampton Road
Rothesay, , NB
E2E 5L5
. •h 'r (; roc. �. �iip
r
His Worship the Mayor Mel Norton & Members of Common Council
City of Saint John, PO Box 1971
Saint John, NB UL M
September 22, 2014
Dear Mayor Norton and Members of Common Council,
Please find enclosed our operational budget request with audited financial
statements, a budget summary and spreadsheet of Revenues and Expenditures.
As you are aware the Cherry Brook Zoo's savings are depleted which have
been used for many years to do deficit funding for our operations. As we Celebrate
our 40th. Anniversary this brings the zoo to a critical point where the future of the zoo
is in question. We have worked diligently to increase revenues and decrease
expenditures and this has Ied to a decrease in our request for funding over the last
few years down from $150,000.00 to $100,000.00. We feel that we have done what
Mayor and Council have asked of us in reducing our deficit to a reasonable amount.
Our operations expenditures run at a projected $454,650.00 of which we raise a
projected $354,597.00
At the same time we have brought to the City of Saint John a 2M dollar debt
free facility that provides recreation, education, conservation and study. We only have
one zoo in our area that does not duplicate any other organization in our city. We
bring tangible benefits to the city in quality of life and recreational activities. We
provide jobs not only for full time staff but part time and many summer students. We
are recognized by universities across Canada as meeting prerequisites for students to
enter into specialized program from medical doctors, veterinarians, agriculture
college to mention a few. Our work with International Species Survival Programs
brings global recognition to our city for we are listed as Saint John Zoo on their data
bases.
We have created Special Events that bring people into our city such as our two
Halloween Events, our Easter Event and our Anniversary Days to mention a few. We
partner with organizations such as PALS, Rockwood Park, Family Plus, Big
Brothers /Big Sisters to name a few. We work with our area schools giving placement
to Co -op Students, the YMCA Exchange Students, Aboriginal Students and most
recently our partnership with Tir na nOg Forestry School.
For several years now, the Zoo's development plans have been put on hold,
delaying important upgrades as well as enlargement and rejuvenation of the facility.
With your support of the requested financial deficit of operational funding from the
City of Saint John it is an investment that will see the zoo moving forward on plans to
bring new exhibits, new animal species and a variety of programs to our communities.
The recent provincial report of the Non - Profit Task Force, spoke of the need to
regard non - profit funding not as expenditure but rather as an investment that pays
dividends. The enclosed budget request will support the Zoo's intent to move beyond
survival mode to a position of true growth. This funding will allow the Zoo to expand
in exciting directions by moving its financial efforts to attracting significant capital
and program partners in the corporate and other government sectors.
We would be happy to meet with Mayor and Council or City Staff to answer
any questions or expand on information that cannot be expressed in a short letter. We
thank your for your time and consideration.
Respectfully submitted
Alice O'Neill, Chair Board of Trustees Cherry Brook Zoo
30
Lynda Collrin, Director Zoo Development, Cherry Brook Zoo (volunteer unpaidl
Cherry Brook Zoo Inc. Summary Statement of Operating Revenues & Disbursements
Budgets Years: 2012 2013, 2014,2015
new format
Operating/ YE
Budget
Operating Y/E
Budget
Budget
Audited
Forecast
Audtied
Forecast
Forecast
2012
2013
2013
2014
2015
Revenues
Gate Income/ Friends of the Zoo
$135,000
$
143,000.00
$
132,983.00
$
143,000.00
$
145,000.00
Donations
$61,000
$
55,000.00
$
62,613.00
$
55,000.00
$
60,000.00
Spec. Event - Fund Raising
$49,509
$
49,000.00
$
45,025.00
$
50,500.00
$
50,500.00
Retail Sales
$25,888
$
27,400.00
$
25,094.00
$
26,000.00
$
30,000.00
Food Services
$13,986
$
14,000.00
$
10,755.00
$
14,000.00
$
14,000.00
Miniature Golf
$7,912
$
7,900.00
$
5,623.00
$
7,000.00
$
8,000.00
Grant City of Saint John
60000
$
60,000.00
$
60,000.00
$
60,000.00
$
100,000.00
Grant Town of Quispamsis
$0
$
-
Grant Town of Rothesay
$5,000
$
5,000.00
$
5,000.00
$
5,000.00
$
5,000.00
Student Grant Provincial Government
$7,546
$
7,564.00
$
10,661.00
$
7,654.00
$
7,654.00
Student Grant Federal Govemmant
$21,250
$
10,625.00
$
10,632.00
$
14,625.00
$
10,625.00
Student Aboriginal People's Council
$0
$
11,818.20
$
11,818.00
$
$
11,818.00
Grant Workability
$
4,480.00
$
4,480.00
$
3,000.00
$
Other Income
$2,596
$
100.00
Interest
$28
$
618.00
Sub tota I revenue
$402,096
$
407,787.20
$
385,402.00
$
385,779.00
$
442,597.00
Donations In kind non cash
$12,381
S
12,000.00
$
17,260.00
$
12,000.00
$
12,000.00
Disbursements
Wages /Employee Benefits
$250,498
$
255,000.00
$
264,290.00
$
231,682.00
$
255,500.00
Heat /Lights /Power
$21,453
$
21,453.00
$
19,666.00
$
21,500.00
$
21,500.00
Vehicle Costs (gas, repairs, ins)
$15,066
$
15,000.00
$
16,294.00
$
15,000.00
$
15,000.00
Animal Feed
$17,092
$
17,000.00
$
12,653.00
$
17,000.00
$
16,000.00
Retail purchases
$12,932
$
12,400.00
$
11,063.00
$
13,000.00
$
13,000.00
Accreditation
$3,014
$
-
Insurance (property & liability)
$10,381
$
11,000.00
$
8,675.00
$
11,000.00
$
11,000.00
Advertising & Promotion
$6,563
$
8,000.00
$
6,077.00
$
8,000.00
$
8,000.00
Office & Administration
$19,681
$
15,000.00
$
16,157.00
$
15,000.00
$
15,000.00
Animal Purchase
$0
$
8,000.00
$
2,814.00
$
8,000.00
$
8,000.00
Bank Charges - all accounts
$3,794
$
3,900.00
$
3,688.00
$
3,900.00
$
3,900.00
Interest on long term debt
301
$
301.00
$
96.00
Dues and Memberships
$2,990
$
4,000.00
$
2,662.00
$
4,500.00
$
4,500.00
Fundraising /Special Events
$4,948
$
5,000.00
$
4,398.00
$
5,000.00
$
5,000.00
Animal Care - medical
$6,195
$
7,000.00
$
9,404.00
$
7,000.00
$
7,000.00
Professional Fees
$5,868
$
6,000.00
$
6,433.00
$
6,000.00
$
6,000.00
Repairs & Maintenance
$28,955
$
26,000.00
$
18,010.00
$
26,000.00
$
26,000.00
PropertyTaxes
$10,000
$
10,300.00
$
10,233.00
$
10,300.00
$
10,300.00
Telephone Services/Telecommunication
$6,686
$
6,650.00
$
6,566.00
$
6,650.00
$
6,650.00
Training & Development
$4,562
$
4,500.00
$
44.00
$
4,500.00
$
4,500.00
Food Services
$4,380
$
4,500.00
$
3,702.00
$
5,000.00
$
5,000.00
Miscellaneous
$4,999
$
1,000.00
$
2,528.00
$
1,000.00
$
1,000.00
Amortization non cash
$ 11,896.00
$
11,800.00
$
9,475.00
$
11,800.00
S
11,800.00
Subtotal disbursements
452254
$ 453,804.00
$
434,928.00
$
427,032.00
$
454,650.00
Sub total revenue
($402,096)
$
(385.402.00)
Year End/ Deficit
$ 50,158.00
$
4%,,017.00
$
49,526.00
$
41,253.00
$
53.00
Cherry Brook Zoo 2013 Budget Rationale: Operational Revenue
BUDGET SUMMARY NOTES
General Notations Summary statement
(a) Wage reimbursement amounts for summer students from Provincial, Federal and Aboriginal
programs plus Workability (2014 $25,279.00.). 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 2013 and 2014 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 development of a new fundraising strategy with
concentration on raising the levels of donations and initiating new, sustainable fund raising events. We
have had some success with these initiatives as you will see and increased in donations but special
events are weather dependent giving a somewhat challenging proposition of accurate forecasting
amounts. The newly formed partnership with the Forestry School is in its infancy so more adequate
financial numbers will be possible after the initial first year.
Because new strategies are in the start-up phase ongoing in 2014/2015, it has shown some impact in
revenues at this time. As a result the operational budget submission does reflect a decrease in
requested grant over the past few years from $150,000.00 to $100,000.00. These shows the Zoo Board
of Trustees have diligently worked to increase revenues and decrease expenditures.
That being said we no longer have a Growth and Enhancement Fund to draw from to cover our deficit as
it was depleted this year with less than required amount. We have now reached a critical point but if the
city can meet our request fora lessor increase in funding to $100,000.00 we will be able to reinstate lost
staff, remain open year round and to then seek Capital Funding for our Strategic Plan. To possible
funders the City leads by example by showing they recognize the work that has been done to decrease
funding requests from the zoo down $50,000.00 and we are able to approach with a balanced budget.
To meet this years budget with the amount of grant from the City of Saint John we have had to cut one
FT Zoo Keeper position and a cut in wages of $17,000.00 in Chief Administrative Director's salary. This
cannot be sustained as it is requirement of Accreditation that adequate FT Staff is maintained and that
two zoo keepers must work together at all times. We have considered closing the zoo during winter
months and cutting another full time position but due to agreements with PALS, Rockwood Park Day
Tripping, Family Plus, etc. we find it almost impossible to do such and would leave Office Administration
without trained personnel. Regardless the animals require adequate care, safety of zoo staff must be
maintained and repairs and maintenance must be carried out.
Budgets for years 2014— 2015 are based on the historical revenues and disbursements, plus or minus
2.5% and subject to adjustment of city grant.
32
One area that could save the Cherry Brook Zoo $10,000.00 is property taxes. If a lease agreement
between the City of Saint John and the Cherry Brook Zoo Inc. could be reached we can then apply for tax
relief thus saving the zoo monies and decreasing request amount by $10,000.00. This would be no cost
to the city and would also alleviate concerns of liability to the city.
There is only one zoo in the City of Saint John that could see new buildings, new revenue streams and
expanded programming and only with the support of the City can we reach our potential in the future
through their support with operational deficit. Our strategic plan looks to the City of Saint John to
ensure that we can achieve our future goals. We have built and maintained a 2M dollar facility and have
never asked the City for capital funding. We feel that we are an asset to the City of Saint John in tourism,
recreation and education of our citizens, most importantly our youth and have a vision of the future that
bodes well for all of our citizens and tourists. We also are an integral part of recreation in our city and
add to the quality of life that will attract people to want to move to our city. Without support the future
of the Cherry Brook Zoo is questionable.
We provide jobs, we employ both full time and part time positions, and we employ youth and meet
many prerequisites for entry into university and many specialized programs and have helped many of
our young people to reach their goals of becoming doctors, veterinarians, teachers, special needs aides,
and so much more. Our value is tangible and our reach is far as we act as ambassadors globally with our
work with International Species Survival Programs ... we promote our city in a positive light and show
that industry and conservation can coexist side by side.
If we look at donations, in kind support and volunteers hours at minimum wage it would equal
approximately $120,000.00 and we are asking the city to less than match this amount.
We would be happy to meet with Mayor and Council or City Staff at any time to come to a mutual
consensus that is good both for the City of Saint John and the Cherry Brook Zoo Inc.
33
prry Brook Z ii u r ohr, ;ne
Financial Statements
December 31, 2013
34
LiTir hax,° Associates Pmftssroral Corponatijp
P.O. Scx 519, Maim Post Offic,;
Saint John, W.B. E2L 3Z8
Telephone: (50) 849 -3956
Fax: X506) 849 -3966
May 20, 2014
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, 2013, 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 for 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 company and I was not able to determine whether any
adjustments might be necessary to revenues, excess expenditures and net assets.
35
Ivlsha;- & , associates Professional Corpozw :i'bn
Auditor's Report to the Members of Cherry Brook Zoo of Saint John Inc. {continued}
Quali rted 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 3I, 2013, and the results of its operations for the
year then ended in accordance with Canadian Accounting Standards for Not - For -Profit Organizations.
Chartered Accountant
36
Statement of Financial Positioa
As at December 31, 2013
Liabilities
Current liabilities
Accounts payable and accrued liabilities 19,031 19,031. 14,903
Payroll remittances payable 3,874 3,874 4,590
Current portion of long -term debt - 1,416
22,905 - 22,905 20,909
Net assets
Restricted - 30,319 30,319
66,701
Unrestricted 3,034 - (3,034)
2013
2012
76,811
Operating
Restricted
Fund
Funds
Tote..
Total
$
$
$
Asses
Current assets
Crash
1_,616
3,616
2,355
Term deposits
-
30,212
30,212
66,466
. kccounts receivable
-
-
3,000
Interest receivable
-
107
107
235
HST recoverable
3,061
3,061
2,343
Inventory
7,371
-
7,371
8,023
14,048
30,319
44,367
82,422
Property, plant and equipment
(note 5)
5,823
-
5,823
15,298
19,871
30,319
50,190
97,720
Liabilities
Current liabilities
Accounts payable and accrued liabilities 19,031 19,031. 14,903
Payroll remittances payable 3,874 3,874 4,590
Current portion of long -term debt - 1,416
22,905 - 22,905 20,909
Net assets
Restricted - 30,319 30,319
66,701
Unrestricted 3,034 - (3,034)
10,110
3,034 30,319 27,285
76,811
19,871 30,319 50,190
97,720
Approved by the Board of Directors
Witshe cti Associates Professional Corporation
Director _ _ Director
37
'Aw,e� ,Y Br - .3 oi, ZA oi � o ' Sair J e. 1 Yi i�U,
S�atemeni of Changes in Net Assets
For the year ended December 31, 2 .913
Wil.,hmr & Associat,�s Professianal Corporation
38
2013
2012
Operating
Restricted
Fund
Funds
I otal
Total
Net assets — Beginning of year
10,110
66,701
76,811
125,634
Excess revenue (expenditures) for the
year
(50,144)
618
(49,526)
(48,823)
Inter -fund transfer
37,000
(37,000 )
_
-
Net assets — End of year
_ (3,034)
30,319
27,285
76,811
Wil.,hmr & Associat,�s Professianal Corporation
38
Chicirry Brook ZGo of John
Statement of Revenue & Expenditures
For the year ended December 31, 2013
WNhew h Associates Professional Corporation
39
2013
2012
Operating
Restricted
Fund
Funds
Total
Total
Revenue
S
S
Gate
Donations
117,943
62,613
-
117,943
62,613
17,698
77,639
Special events
Retail sales
45,025
25,094
-
45,025
49,508
Food services
10,755
25,094
10,755
25,888
13,986
Mini Golf
Friends of the Zoo
5,623
15,040
-
5,623
15,040
7,912
13,045
Grant - City of Saint John
60,000
-
60,000
60,000
Grant - Town of Rothesay
5,000
-
5,000
5,000
Student Grant - Provincial Government
10,661
10,661
7,546
Student Grant - Federal Government
10,632
-
10,632
21,250
Student Grant - New Brunswick
Aboriginal Peoples Council
11,818
1 1,818
Workability
4 X 480
-
4,480
Other income
Interest
100
-
100
2,596
-
618
618
1,363
Expenditures
384,784
618
385,402
403,431
Wages and benefits
Heat, light and power
264,290
19666
-
264,290
250,498
Vehicles
16,294
-
19,666
16,294
21,453
15,066
Feed
Retail purchases
12,653
11,063
-
12,653
11,063
17,092
12,932
Accreditation
-
3,014
Insurance
Advertising and promotion
8,675
6,077
-
8,675
6,077
10,381
Office expenses
16,157
-
16,157
6,563
19,681
Animal purchases
2,814
2,814
Bank charges and interest
3,688
-
3,688
3,794
Interest on long -term debt
96
96
301
Dues and memberships
2,662
2,662
2,990
Special events
Animal care
4,398
9,404
-
4,398
4,948
Professional fees
6,433
-
-
9,404
6,433
6,195
5,868
Repairs and maintenance
I8,010
-
18,010
28,955
Property tax
Telecommunications s
1
6,566
10,233
10,000
Travel and training
44
-
-
6,566
44
6,686
4,562
Food services
Miscellaneous
3,702
2,528
3,702
4,380
Amortization
9,475
-
-
2,528
9.475
4,999
11,896
434,928
-
434,928
452,254
Excess revenue (expenditures) for the
year
_ (50,144)
,. 61,8
(49,526)
(48,823)
WNhew h Associates Professional Corporation
39
Statement of Cash Flows
For the vea-- ended December 31, 2013
Wilshaw. & nssotiales Professio;zal Corporation
SM
2013
2012
Operating
Restricted
Fund
Funds
Total
Total
Cash provided by (used in)
Operating activities
Excess revenue (expenditures) for the year
(50,144)
618
(49,526)
(48,823)
Item not affecting cash
Amortization
9,475
-
9,475
11,896
Changes in non -cash working capital
(40,669)
618
(40,051)
(36,927)
balances
Accounts receivable
3,000
-
3,000
(2,343)
Interest receivable
128
128
192
HST recoverable
(718)
-
(718)
480
Inventory
652
-
652
(284)
Accounts payable and accrued
liabilities
4,128
-
4,128
3,348
Payroll remittances payable _
(7I6j
-
(716)
(1,338)
(34,32a._
746
(33,577)
(36,872)
Investing activities
Decrease in term deposit
36,254
36,254
36,834
-
36,254
36,254
36,834
Financing activities
Repayment of long term debt
(1,416)
-
(1,416)
(5,430)
Cheques in circulation
(11,988)
Interfund loan
37,000
(37,000)
_
35,584
(37,000)
(1,416)
17,418)
Increase (decrease) in cash
1,261
1,261
(17,456)
Cash — Beginning of year
2,355
-
2,355
19,811
Cash — End of year
3,616
-
3,616
2,355
Wilshaw. & nssotiales Professio;zal Corporation
SM
Of Saint �yo s 111C.,
Nutos to Financiai Stet: ments
December 3 ,, 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 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 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.
WilshaN, cs. A, ,Toc,ates Profcss.onal Corporation
41
Uerry no-ek Zoo of LSaInpl-- lo-1 Inc.
!,,Totos to Fira.ncial Stvtcnients
Decem be." 31, 2412
3 Summary of significant accounting policies (continued)
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 Not - 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 amortization.
Actual results could vary from those estimates.
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 (2012 — $1,938,301).
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.
4 Financial Instruments and Risk Management
The organization's financial instruments consist of cash, term deposits, receivables and accounts payable and
accrued liabilities . 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.
Yiishmv & Associrtes Professional Corpuration
42
john Eye.
V ���1
Notes to Financial Statements
December 31, 2012
5 Properiy, plant and equipment
Wtic,i. s & .t.sso.ciates Pros s.sional Corporation
43
2013
2012
Accumulated
Cost
Amortization
Net
Net
Buildings, enclosures and
site improvements
163,247
163,246
1
i
Equipment
8,385
8,385
-
_
Vehicles
27,829
22,007
5,822
11,388
Mini Golf
26,061
26,061
3,909
Displays
5,590
5,590
_
-
231,112
225,289
5,823
15,298
6 Long term debt
2013
2012
Term loan of $20,000 with interest at 6.85% repayable in monthly
instalments of $478 including interest, due March 04, 2013.
1,416
6,846
Less: Current portion
1,416
5,430
-
1,416
Wtic,i. s & .t.sso.ciates Pros s.sional Corporation
43
LOO
August 3, 2012
Lynda Collrin
Director Zoo Deveiopment/Primatologist
Cherry Brook Zoo Inc
901 Foster Thurston Drive
Saint John, NB
E2K 5H9
Canada
Dear Lynda:
As the AZA Tiger Species Survival Plan Coordinator, I hereby invite Cherry Brook Zoo to apply for
non - member participant status in the Amur Tiger SSP. Cherry Brook Zoo has been a valuable
participant in the Tiger SSP for many years and currently houses female Amur tiger studbook# 5220.
With the Amur Tiger SSP changing from a Yellow SSP to a Green SSP, we are interested in
continuing to work with Cherry Brook Zoo as a non - member participant. The exhibitiholding space
your institution provides to the Amur Tiger SSP continues to be very valuable to the program.
As a CAZA- accredited institution, Cherry Brook Zoo is eligible to apply for non- member participant
status with the Amur Tiger SSP, and I fully support your application. I believe that Cherry Brook
Zoo's participation in this program is in the best interest of the North American population management
for endangered Amur tigers.
Regards,
Tara Harris Ph.D.
Director of Conservation
AZA Tiger SSP Coordinator
Minnesota Zoo
13000 Zoo Blvd.
Apple Valley, MN 55124
..
_ CANADIAN ASSOCIATION f�./ �{SSp {IAT[Ory pE52gp5 £'
P OF ZOOS ANDAQUARIUMS�j AQUARIUMS DU CAHADI
'1.I
Ottawa
August 31, 2012
To Whom It May Concern,
The purpose of this letter is to confirm that the Canadian Association of Zoos and
Aquariums is fully supportive of the participation of Chevy Brook Zoo in the AZA SSP
Program for Amur tigers for Amur tigers.
CAZA is fully aware of the meritorious work that Cherry Brook and its staff have
recorded over many years, and it is our considered opinion that this facility and its staff
are at the leading edge of such work. Cherry Brook Zoo is a fully accredited member in
good standing of the Canadian Association of Zoos and Aquariums. They are a key
player in the ongoing work of our Association and regularly contribute to the
Association's work on policies and programs.
In brief, I have no hesitation in putting forth the strongest recommendation that Cherry
Brook Zoo be accepted for full participation in the work of the SSP.
I would be more than pleased to provide any further information needed in this regard.
Yours sincerely,
Bill Peters
National Director
45
A-
380 Hvy. 5 KR-42 Dundas. Ontario, Canada LQH 5E2
Fhone: 905 689 5616 Fax: 905 689 6996 Cell: 905 730 4561 email: ..: °c,::,.--.,i;P- Tlr - =;. cfr
September 13, 2014
Ms. Shirley MacAulay
Re: Seminar I presented at your facility
Shirley:
I would just like to send a note of thank you for the outstanding service shown to myself and the
attendees at a recent training seminar I presented at your facility. The setting is wonderful and
your personnel were courteous and so helpful. The meals were very good and always on time. A
special thank you to Dakota, she seemed to anticipate all our needs and was wonderful to work
with.
Once again, thanks to ail.
Robert A. Borer
president: P obert Borer Enterprises Ltd-
Cherry Brook Zoo
Kendall Wyman
This summer, I got to experience a whole new level of animal responsibility. I took on
the role as the night time zookeeper, and enjoyed every evening I spent here. The two main
responsibilities for the night keeper are feeding the monkeys and locking down. Working with
the primates has been an interesting experience. They are probably the most playful animals I've
worked with and I enjoyed getting to know them and their animal habits. One of my favorite
things to do at the Cherry Brook Zoo, was getting to feed the Callimico goeldii's by hand. I also
enjoyed doing enrichment activities for the primates.
Having the opportunity to work with the zoo's small and large animals, has given me a
feel for what kind of animals I'd like to work with in the future. I aspire to be a veterinarian
therefore this job has been a great learning experience for me. The fulltime zookeepers were
extremely informative and allowed me to shadow and partake in their daily routine which
included feeding the big cats (tiger, lion, and snow leopard). I enjoyed this a lot because it's not
something you get to see every day. Some of the other activities I partook its this summer
included feeding the animals with the zoo camp kids. unloading hundreds of hay bales,
landscaping, repairing enclosures, brushing the miniature horses and donkeys. taking the llamas
and horses for walks. and much much more. I got to work in all areas of the zoo and wouldn't
have had the opportunity to do so without this summer job.
Working here was a pleasant experience and 1 hope to be back next surnmer fulfilling the
same title. Luckily, I have been offered a year round job at the zoo as a part tune keeper and look
fory and to (;ond iuijIv- 0111 v; ork C\Pt': JOICC� here. A tet spending tlic suml,l.:r ill the zo(.. ', ;-eef
47
more educated and aware of animal behaNTiour and actit'ities and wil l reroember my experiences
here for the rest of my life. I appreciate the opportunity I have been given and would highly
recommend this summer job to any of my fellow classmates and friends.
�i
M
Jennifer Hutchison
28 Coster Street
Saint John NB
E2E3S6
To whomever this concern,
This summer I had the pleasure of working at the Cherry Brook Zoo as a
summer day camp counselor. This summer has been my third summer doing this
job. This summer was, just as I expected, an amazing summer. This summer I
worked with two lovely ladies who made my summer a blast. This summer we were
not afraid to get goofy, the other two counselors and I made up countless annoying
songs, interpretive dances and crazy stories, all of which the kids loved.
Along with having two great co- counselors the Cherry Brook Zoo also has
amazing Zoo Crew Staff, who lead our day camps in animal activities likes feeding
the animals. This summer the Zoo Crew lead Zoo Camp in some new exciting and
engaging activities. Two of my favorites would be the weekly `question time' where
the kids got to find out the answer to any animal question they ever wondered
about, and also when the children got to help make and plan out an enrichment
activity for the Primates at the Zoo.
The kids that attend zoo camp are some of the best kids around, and that is
not a Iie. The majority of kids that attend zoo camp are coming back for their 3rd ,4th
,5th ,6th and even 96 summer. If one kid in family comes to zoo camp you can bet
every last one of those kids will attend, and if a sibling is not old enough to attend
we will hear how excited they are to come in a few years. I believe this is because
the Cherry Brook Zoo is a community, a family. The kids that attend camp become
actively involved in the running of the zoo and get to know all the zoo crew and all
the animals. The kids get to be a part of the zoo family for the week or more and I
feel that's why they keep coming back. At least that is why I keep coming back.
Overall this summer was a wonderful success and I am thankful I got to be a
part of i�
Benjamin Fitch
157 Woodbine Lane
Upper Kingsclear, NB
HE 152
To whom it may concern,
I was a returning summer student at the Cherry Brook Zoo in Saint John New Brunswick and I am happy
to say my summer was as enjoyable as the last. My time at the zoo was very beneficial to adding to my
working knowledge of animals that will help me in my future academic career, as well as keeping me
busy and always interested in my daily tasks.
Working at the zoo has given me the chance to handle animals in a safe and responsible
environment, which was facilitated by a knowledgeable and accomplished staff. In addition to my
regular handling of animals 1 was allowed to accompany the attending veterinarians whom were always
willing to teach and help me in my learning experience.
The zoo has also provided me a stress free work environment by having a safe and well
maintained facility, as well as trusting me with a certain amount of responsibility and independence in
my daily routine. The outdoor work environment and companionship with like- minded individuals were
also important in maintaining a healthy and happy mind.
I have no doubt I will return for another summer if the opportunity is presented to me, this has
been by far one of more memorable summers as a student under this program. The zoo benefits, and is
happy to have the help of the summer students under the CSJ program as is every summer student
happy to have had the experience.
50
To whom it may concern,
This summer, I was given the incredible opportunity to work at the Cherry Brook Zoo as a day
camp counselor. Through my employment there, I have learned many skills and have had many great
experiences that I will carry with me as I move from job to job. Working in such a tight -knit organization
with dedicated staff has allowed me to experience many things that I would not have otherwise gotten
to had r worked anywhere else.
Perhaps the most valuable skill that I obtained this summer is the ability to take charge of a
situation. Because I was a camp counselor, myself and my two coworkers were responsible for
maintaining a sense of order in the group each week. We were faced with many challenges, and we
were able to overcome them. r came into this job being soft - spoken and relatively quiet, and I feel as
though I am leaving with a newfound confidence. This will benefit me in my career as a foreign
correspondent in that I will be able to successfully lead a news crew around foreign countries.
Working as a camp counselor has taught me that it does not pay to worry about things that are
not significant. There have been times when something would not go as planned, and rather than stress
about it, I was able to just take it as it came. I was also able to not worry so much about the expectations
that were placed upon me. With that being said i was still very aware that I had a great deal of
responsibility placed on me, but i could be at ease knowing that almost any problem could easily be
solved if I asked the right person.
All in all, working at the Cherry Brook Zoo has been a rewarding experience that I hope I get the
chance to relive in the future. Working with knowledgeable people who make their dedication and love
of the job clear made it seem like more than just a summer job; it was like going to a second family each
day.
Thank you for this experience,
51
September 29, 2014
Hello,
My name is Geoffrey Keating and I live on Harding Street West, and would like to
address Council regarding truck traffic on Harding Street West.
I read the newspaper September 15, 2014 regarding Move SJ, and attended the Council
meeting the same night. I have owned a property on Harding Street West for approximately 18
years which is at the top of Harding Street West. I have a 24 hour view of Simms Corner, and
would like to bring up some concerns that might not be apparent to those who do not live in the
direct area.
Thank you,
Geoffrey Keating
Typed by Common Clerk's Office
Original on file with Common Clerk's Office
Contact information on file with Common Clerk's Office
52
r_
J t
PROCLAMATION
WHEREAS: According to the United Nation's recent report there
are 805 million people worldwide struggling with
hunger; and
WHEREAS: One of the causes of concern in this situation is the
Ebola virus in Africa which has reached a death toll of
over 3000 people and is threatening food security. The
harvests are endangered and food prices are soaring;
and
WHEREAS:
There is an estimated 11 to 12 million refugees in the
world today with approximately 70% of these in Africa
and the Middle East; and
WHEREAS:
Of these, there are an estimated 1.4 million Syrian
refugees seeking asylum in Lebanon; and
WHEREAS:
Worldwide the income differential is widening; the
poorest 40% of the world's population accounts for 5%
of global income while the richest 20% account for
75% of world income; and
WHEREAS:
The number of children in the world is 2.2 billion and
1 billion of these are living in poverty; and
WHEREAS:
Saint John tied with Toronto for the highest rate of
child poverty in Canada at 28% but has now reached
29 %, according to an August survey made by the city.
WHEREAS:
Friday October 17th, 2014 is International Day for the
Eradication of Poverty,
NOW THEREFORE: I, Mayor Met Norton, of Saint
John, do hereby proclaim Friday, October 17, 2014 as
International Day for the Eradication of Poverty in the City of Saint
John.
In witness whereof I have set my hand and affixed the official seal
of the Mayor of the City of Saint John.
53
BY -LAW NUMBER C.P. 110 -230
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
ARRETE No C.P. 110 -230
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Be it enacted by The City of Saint Lors dune reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land having an area of
approximately 1224 square metres, located
at 139 -147 Prince Edward Street and 36 -38
Exmouth Street, also identified as PID
numbers 55192157, 00012534, 00012914,
55086060 and 00012526, from "RM -IF"
Multiple Residential Infill to `B -2" General
Business
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2014
and signed by:
Mayor /Maire
decrete ce qui suit :
L'arrete sur le zonage de The City
of Saint John, decrete le dix -neuf (19)
decembre 2005, est modifie par:
1 La modification de 1'annexe « A »,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superfcie
d'environ 1 224 metres carres, situee au
139 -147, rue Prince Edward, et 36 -38, rue
Exmouth, et portant les NID 55192157,
00012534, 00012914, 55086060 et
00012526, de zone d'edification de
logements multiples sur terrain intercalaire
RM -IF » a zone commerciale generale
B -2 »
- toutes les modifications soot indiquees sur
le plan ci joint et font partie du present
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le 2014,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading - September 29, 2014 Premiere lecture - le 29 septembre 2014
Second Reading - September 29, 2014 Deuxieme lecture - le 29 septembre 2014
Third Reading - Troisieme lecture -
54
GROWTH & COMMUNITY DEVELOPMENT SERVICES
SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
r1-1 jbqq. W-A F
r4 U
e
doh
as
t
4, F646,
_ r441
Q
4
f
I
'Ue Paul
FROM / DE TO/ A
RM -IF B -2
Multiple Residential Infill General Business /
zone d'edifices a logements zone commerciale gensrale
multiples sur terrain intercalaire
Applicant: Saint John Community Loan Fund, Inc.
Location: 139 - 147 Prince Edward Street and 36 -38 Exmouth Street
PID(s) /NIP(s): 55192157 ,00012534,0012914,55086060 and 00012526
Considered by P.A.C. /considers par le C.C.U.: September 16 septembre, 2014
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law No. /Arrete No.
Drawn By /Creee Par: John Ellefsen Date Draq Creee: October 2 octobre, 2014
is 1:
October 8, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Motion to Amend Bylaw M -2 A Bylaw for the Storage Collection and Disposal of
Solid Waste in The City of Saint John
Background
Whereas the City of Saint John has approved and implemented PlanSJ to increase density in the
primary development area (PDA).
And whereas developing condominium housing is a good way to increase density within the PDA.
And whereas condominium housing is a one stop service area and is less expensive to service than
single unit housing
And whereas presently, in the City of Saint John, condominium owners are paying an additional fee
within their condo fees to have garbage picked up in addition to paying their full tax rate municipal
services.
Motion:
That the City of Saint John through the City Manager amend Bylaw M -2 A Bylaw for the Storage
Collection and Disposal of Solid Waste in The City of Saint John, to accommodate pick up at
condominiums.
And further that the companies who are presently picking up solid waste for condominiums be
considered to continue on behalf of the City if it is cost effective.
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
56
is 1:
October 8, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Supporting Literacy in our City of Saint John
Background
The Organization for Economic Co- operation and Development (OECD) describes literacy as "using
printed and written information to function in society, to achieve one's goals, and to develop one's
knowledge and potential." Everyone in our City of Saint John benefits when we increase literacy.
Jobs today require a high degree of literacy; the ability to problem solve, decision making, critical
thinking and learning new skills. Literacy allows our citizens to participate more fully in our society
and local economy. TD Economics, April 2014 cited the following as key benefits when we raise
literacy:
• reduced poverty rate
• better health outcomes
• reduced crime
• increased workforce readiness and skills • strengthened economic capacity and growth • increased
tax bases and reduced government costs • increased civic participation
It cannot be disputed that the impact of literacy is lifelong. Early literacy success achieves the
highest rate of return on investment and this resolution aims to signal our collective support for
improving literacy in our City of Saint John.
Motion:
WHEREAS literacy is everyone's responsibility and as civic leaders we have a responsibility to
promote literacy in our community; and
WHEREAS literacy is enables individuals to participate more fully in the wider society, therefore be it
RESOLVED that the Saint John Common Council agree to the strategies of the Achieve Literacy
Greater Saint John, namely:
• Reallocate resources for schools with literacy scores below 80 %.
• Identify individual children who are not meeting provincial literacy standards, give them additional
assistance and measure their progress.
• Establish a 2014 Saint John baseline and monitor and measure progress to the 90% target.
• Create a living lab in Saint John to demonstrate best practices to achieve the 90% target.
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 E2L 4L1
57
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor —Ward 1
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada ER 4L1
M &C- 2014 -174
October 7, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Railway Safety in Saint John
BACKGROUND:
eh
city of Saint John
The tragedy of Lac- Megantic resonates with many Saint John citizens in that the
crude cargo was destined for our community. To this end, our community has
posed numerous questions on issues with respect to the movement, storage and
processing of dangerous goods in our city. Our community's questions around
rail safety are indeed substantiated by the Transportation Safety Board of Canada
who provides that "The release of dangerous goods transported by rail can
jeopardize the health, safety and welfare of railway employees and of residents
living near railway tracks. The risks are even greater in the case of tracks running
through urban areas.'"
Citizens Raise Concerns
The Saint John community has raised the following rail safety concerns with
Common Council as well as their Emergency Management and Fire Services.
• How prepared is the City of Saint John for a major incident involving fire
and explosions?
• Does the City have sufficient firefighter equipment
• Has a plan been developed for regular emergency response exercises?
• Does the city have a detailed evacuation plan including evacuation
centres?
• What degree of risk are the citizens of Saint John living with on a daily
basis?
• Should an independent analysis of the safety of the movement and storage
of oil tanker cars be conducted?
• Do the short haul railway companies have sufficient liability coverage?
• What are the report definitions and requirements, reporting channels, and
authorities under the Shortline Railways Act?
• Are shortline railway reports available to the public?
'Transportation Safety Board of Canada "Railway Investigation Report R13DO054 page 114"
59
M &C- 2014 -009 -2-
April 7, 2014
ANALYSIS
The tragedy in Lac Megantic and subsequent analysis has determined that a
number of steps are necessary to enable and improve a community's response and
recovery from rail incidents. Indeed shortly after (Sept 30;13) the Lac Megantic
tragedy the Federation of Canadian Municipalities (FCM) announced that
Transportation Minster Raitt had agreed on the need for action in the three
priority areas identified by FCM's National Municipal Rail Safety Working
Group:
- equipping and supporting municipal first responders to rail emergencies;
ensuring federal and industry policies and regulations address the rail
safety concerns of municipalities;
and, preventing downloading of rail safety and emergency response costs
to local taxpayers
Saint John Fire and EMO services agree with the priority areas as listed by the
FCM and looks forward to Transport Canada's response on how they will
mitigate the issues as raised by FCM's National Municipal Rail Safety Working
Group.
Notwithstanding the above, the city's emergency service is prepared to respond to
any event that could occur, and indeed its Incident Command System (ICS)
competence in Plaster Rock NB has been recognized at a National level.
However, like many Canadian Fire Services the local response service struggles
to sustain the technical and specialize training that is required to appropriately
respond to flammable fuel fires of a significant size. To this end, the Saint John
Fire Department is actively pursuing a means to address this response training
gap, and finds great promise and opportunity in the words of the Canadian
Association of Fire Chief s Executive Director John Paul Cody -Cox who
provided the following comments in his "Taking Care of Business" report in the
September 2014 addition of Firefighting in Canada:
"The transportation of dangerous goods has also been front and centre.
Our focus has been on railways, as much is happening an the regulatory
front. We have been in constant discussion with government, industry and
like - minded partners. In 2015, we expect to make major progress in
ensuring first responder training for dangerous goods is well- resourced
and delivered to as many fire departments as possible in a consistent and
sustainable manner "3
2 FCM — Statement by FCM President following today's rail safety meeting with Transport
Canada: http: / /www.fcm.ca/home!media` news - releases ,'2013!statement- by -fem- president
3 John -Paul Cody -Cox "Taking Care of Business " Firefighting in Canada" Pg. 43 Sept 2014
•1
M&C- 2014 -009 -3-
April 7, 2014
Further to the CAFC director's comments with respect to constant discussion with
government, industry, and like- minded partners; the Saint John Fire and EMO
service has been a participant of the Federation of Canadian Municipalities Rail
Safety Working Group throughout 2014. (The rail safety working group is making
recommendation to Transport Canada with respect to improvements to rail safety
across the Country.)
Furthermore, the Saint John Fire and EMO service has also been asked to
participate within the following rail safety related groups:
The Canadian Association of Fire Chiefs (CAFC) Transportation of Dangerous
Goods Committee - including participating as a Transport Canada rail safety
discussion panel member.
Representing the Canadian Association of Fire Chiefs (CAFC) on the Liquefied
Petroleum Gas Emergency Response Committee (LPGERQ technical committee;
that is developing the Emergency Response Assistance Plan (ERAP)
requirements forflammable liquids.
Representing the Canadian Association of Fire Chiefs on the recently created
Transport Canada ERAP task force; whose role is to analyze the need for greater
investmcnt and resources for first- responder training. The task force has a one -
year mandate to evaluate and provide recommendations to the minister of
transport.
Saint John Fire and EMO services continue to do extensive planning and
preparation with respect to the appropriate response to emergency events on our
railways. Our analysis of rail and dangerous goods safety needs in our community
in the context of the numerous questions directed at staff and Council provides the
following.
• The City of Saint John is prepared for a major incident involving fire and
explosion however; the city needs to have access to a better process for
sustaining its flammable fuel fire capability.
The City has a good inventory of equipment and can rely on the industrial
community for an adequate supply of foam in the event of a major
flammable fuel fire. The emergency response to a major flammable fuel
event would be much better served by a regional response, utilizing the
equipment and personnel assets available across all the fire services in the
greater Saint John Community.
• Emergency response exercises are conducted on a random basis across the
community's industrial infrastructure. A more methodical exercise
process and schedule is required to ensure the risk profile of the
community receives the attention to ensure competency in response. A
61
M &C- 2014 -009 4-
April 7, 2014
regional exercise process would better serve the greater Saint John
Community. NB Southern Railway and the City will be conducting a rail
way exercise in the fall of 2014
• City police are responsible for the evacuation plan through the Saint John
Emergency Management Organization. Reception centres for citizen
evacuations have all been identified and are facilitated through Leisure /
Social Services as part of the EMO response.
• A risk assessment on the Saint John community would highlight the
density of heritage and older housing stock, the large geographical area,
and the industrial footprint which includes: a port; paper mills; oil
refinery; power generating station; LNG facility; fuel loading and off
loading facilities, and a major gas pipeline passing through the heart of the
city. The degree of risk is higher than most cities across the nation
however the risk is mitigated to some extent by this City's investment in
public safety.
• The City of Saint John public safety services are independent of industry
and are in place to serve the best safety interest of the community. Fire
and EMO services are in the best position to assess emergency planning,
preparedness and response capability of the municipality. Never -the -less
numerous third party emergency response assessments have been
previously conducted. The technical review committee to the 2004 LNG
EIA application recommended an assessment of the local fire services
ability to respond.
+ The Federal Minister of Transport has established new insurance
obligations on all railways. NB Southern Railway Company exceeds the
minimum requirement as set forth by the regulators.
• Short line notification requirements are attached to this report as Appendix
A. New Brunswick Southern Railway has agreed to provide the Saint
John Fire Department notification in all events when rail cars leave the
track, or when a rail car is involved in an event that damages the shell of
the rail car
Conclusion
Catastrophic events such as Lac- Megantic are the rarest of events and as such the
emergency planning, preparation, and response needs may not be a priority and
can sometimes be based (mistakenly) on the low probability of an actual event
occurring. The Lac- Megantic event has been a harsh reminder that more needs to
be done to support the emergency response infrastructure that is required to
support responsible movement of dangerous goods by rail and roads. Recent
62
M&C- 2014 -009 -5-
April 7, 2014
changes to regulations and the adoption of a series of Protective Directives are
strong indication that the losses of Lac-Megantic will at the very least be
remembered through a safer and more prepared community.
As we look ahead and in the spirit of zone SJ, the Saint John community needs to
be diligent on fizrther industrial growth to existing and potential projects. It is
imperative that emergency planning, preparedness and response capability is
aligned to the risk in the community. The City of Saint John needs to be mindful
of the 2004 recommendation of the Independent EIA Panel on Canaport LNG
which stated:
"Additional information should be developed and provided to the
Department of Environment and Local Government relative to the
probable need for outside firefighting support in both a controllable and
uncontrollable event, the current ability of the local fire departments to
provide the capability, and what entity would be responsible for meeting
the required cost (e.g. the facility proponent, the local tax base) of
providing additional equipment and training to the local fire fighting
department. 114
Finally, and on the issue of cumulative effects on emergency response to
hazardous materials incidents involving rail, road, or fixed facilities the former
Minister of Environment and Local Government provided that "Opportunities to
contribute to a regional approach to management of cumulative effects should be
emphasized ".5
On this final point, the City needs to advocate for a regional perspective to the
emergency planning, preparation and response needs to existing and developing
economic growth to this community's industrial landscape.
Environment and Local Government Summary of Public Participation, (2004, July)
Environmental Impact Assessment, Proposal by Irving Oil Limited To Construct
a Liquefied Natural Gas (LNG) Marine Terminal and Multi- Purpose Pier.
s Environment and Local Government. Final Guidelines for an Environmental Impact
Assessment Liquefied Natural Gas Receiving, Storage and Processing Facility
(2002, March). Available online at:
htt : / /www2. b.ca/content/dam/ b/D artments /env/ df/EIA-
EIE/IrvingOilLiquefiedNaturalGasFinalGuidelines.pdf
63
M &C- 2014 -274 -6-
October 7, 2014
RECOMMENDATIONS
Common Council continues to endorse Fire Chief Kevin Clifford's participation
as a member of the Canadian Association of Fire Chiefs Transportation of
Dangerous Materials committee including the various subcommittees of which he
is assigned and that the attached report is received and filed.
Respectfully submitted,
Kevin Clifford BBA CFO
Fire Chief 1 Director SJEMO
City of Saint John
M
\ - 0, .0,
kPftrick Woods
Manager
-
Document No:
Version : 4.0
sVersion
date: 03 /20 / 2013
Ra Jffixay
Month /Day/Year
WORK INSTRUCTION
ACTIVITY: Reporting Requirements for Short Line Railway
FREQUENCY: As required
STEPS: Situations which require notification by telephone within 30 minutes of incident.
• A fatality or injury involving an ambulance/ hospitalization occurs involving Railway
equipment and /or property.
• The rolling stock is involved in a collision or derailment and is carrying passengers.
• The rolling stock is involved in a collision or derailment and is carrying dangerous goods, or is
known to have last contained dangerous goods- the residue which has not been cleaned or
purged from the rolling stock.
• More than one piece of rolling stock (not used in dangerous goods service) sustains damage,
on other than a yard track, which affects their safe operation.
• The rolling stock causes or sustains a fire or explosion.
• Runaway rolling stock.
• Release of dangerous goods from rolling stock that was not quickly secured.
• A trespasser sustains injury.
• A crossing collision.
Notification to the following agencies must occur within 30 minutes of the incident.
DTI - Robb Francis 2. Transport Canada 3.
(546) 453 -5646 (w) (506) 851 -7042 (f)
(506) 474 -0410 (h) The Department of
(506) 444 -7505 (c) Transportation & Infrastructure
Note: Leave a message at each of will notify Transport Canada by
these phone numbers unless you reach phone if required.
me directly.
Environment Canada
1 -800- 565 -1633
(Oil, Pesticides and Chemical Spills)
TSB
(819) 997 -7887 (p)
(819) 953 -7876 (f)
Note: Any incidents that involve dangerous goods (loaded or residue) require notifying CANUTEC 1-
613- 996 -6666
Page 1
65
Document No:
Version : 4.0
Version date : 03 /20 / 2013
Month /Day/year
WORK INSTRUCTION I
STEPS: Situations which require notification by fax as soon as possible
• Unprotected main track switch in abnormal position with no equipment in the immediate
area.
An employee sustains an injury which would normally be reported to WorkSafe NB.
• An employee sustains a serious injury as a result of coming into contact with any part of the
rolling stock or its contents.
A risk of collision.
• Movement of stock exceeds the limits of authority with no other equipment in the area.
• Release of dangerous goods from rolling stock that was quickly secured.
• A railway signal displays a less restrictive indication than that required for the intended
movement of rolling stock with no other equipment in the area.
• Unprotected overlap of operating authorities with no other equipment in the area.
• Physical incapacitation of a crew member.
• One piece of rolling stock (not used in dangerous goods service) sustains damage on a yard
track that affects its safe operation.
I. DTI - Robb Francis
(506) 453 -3701 (f)
2. Transport Canada
(506) 851 -7042 (f)
3. TSB
(819) 953 -7876 (f)
Note: Any incidents that involve Fire /Police or Ambulance to enter through ISL gatehouse contact
Industrial Security: 635 -5609
Note: Any situation that involves our train occupying a crossing due to unexpected failures — notify
(Public Safety Communication Line): 648 -3333
s r
Page 2
..
September 29, 2014
Mayor and Common Council
City of Saint John
PO Box 1971
Saint John NB
€2L 4L1
Dear Mayor, Deputy and Councillors,
As mandated in article 2.5(e) of the City of Saint John Shared Risk Plan declaration of Trust we
will be holding the annual meeting of the Trustees on Wednesday October 22nd at 2:30pm in
the 8th floor boardroom of City Hall.
Please confirm attendance and advise the name of the individual who will be attending on
behalf of your group by Wednesday October 15th by responding to Kelly Tibbits or Richard
Evans at the Commons Clerk Office.
Sincerely,
L \
John de Gruyter 1
Vice Chair
City of Saint John Shared Risk Plan
Board of Trustees City of Saint John P.O. Box 1971, 15 Market Square
Shared Risk Pension Plan Saint John, N.B. E2L4L1
506 - 658 -2862
67
7
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du
Service de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L
JONATHAN FRANKLIN
Cha&Pr6sident
KAREN KEILLER
Vice Chair/Vice President
MAYOR MEL NORTON
Commissioner/Commissaire
JOHN MacKENZIE
Commissionedcommissaire
NICOLE PAQUET
Commissioner /Commissaire
JENNIFER CARHART
Commissioner'Commissaire
BRIAN BOUDREAU
Commissioner/Commissaire
WILLIAM G. REID
Chief of Police/Chef de Police
JACKIE FERRAR
Executive Administratod
Secretaire Administrative
Telephonef1'61 phone:
(506) 648 -3324
E-madlCourriel.-
policecommission saintjohn.ca
SAINT JOHN
Explore our past/
Explorez notre pass6
Discover your future/
D6couvrez votre avenir
October 7, 2014
PUBLIC SESSION
M &C 2014 -176
Mayor Mel Norton and Members of
Common Council
Your Worship and Councillors:
Re: Saint John Police Force 2014 Operating Budget - August
Financial Results
The Saint John Board of Police Commissioners, at its meeting on
Tuesday, October 7, 2014 accepted and approved the Saint John Police
Force 2014 Operating Budget - August Financial Results.
On behalf of the Saint John Board of Police Commissioners, I am
pleased to provide a copy of this report to Common Council in
accordance with Section 7(3) of the New Brunswick Police Act.
Respectfully submi ed,
L �
Jonathan Franklin
Chairman
Saint John Board of Police Commissioners
liaf
encl.
•:
REPORT TO SAINT JOHN BOARD
OF POLICE COMMISSIONERS
PUBLIC SESSION
October 7, 2014
Jonathan Franklin, Chairman and
Members of the Board of Police Commission
Chairman Franklin and Members
SUBJECT
2014 Operating Budget — August Financial Results
BACKGROUND
The purpose of this report is to provide the Board with an update on the
(unaudited) financial position of the Saint John Police Force's Operating Budget
for the second trimester ended August 31, 2014.
FINANCIAL POSITION/RESULTS
For the period ended as at August 31, 2014, the net operating expenses for the
Saint John Police Force were over budget by $39,606 or -0.3 %.
There are six key areas that contributed to this budget variance.
1. Revenue surpassed projections by $169,984.
2. Salaries and Wages were over budget by $51,224.
3. Overtime costs exceeded budget by $253,133.
4. Court Time and Other Personnel costs were over budget by $108,698.
5. Fringe Benefits were over by $26,192.
6. Good and Services were under budget by $229,657
.•
Jonathan Franklin, Chairman and
Members of the Board of Police Commission
October 7, 2014
Page 2
Subject. 2014 Operating Budget — August Financial Results
Budget Analysis
SALARIES AND WAGES
Salaries were over budget by $51,224 and the total expense at the end of 2014 is
anticipated to be about $250,000 over budget which results from the 2014
contractual wage obligation for police officers.
OVERTIME
Saint John Police Association (SJPA)
The overtime costs were over budget by $253,597. The Patrol Division accounted
for $137,504 and the Criminal Investigation Division was over budget by $102,580.
This variance in overtime for both divisions is reduced by $44,550 in revenue that
was recovered from billings to third parties for extra -duty (paid over -time)
assignments.
OTHER PERSONNEL COSTS
Court Time - Saint John Police Association (SJPA)
The cost for court time exceeded budget by $110,152.
GOODS & SERVICES
The various Goods and Services accounts were under budget by $229,657 and
there are still key accounts that are showing under budget due to billings not being
received and processed at the end of this reporting period.
Based on regular discussions with members of the senior management team, all
pending expenses have been accounted for and there are no major events
anticipated that should increase overtime costs or other variable expenses or the
last trimester of 2014.
70
Jonathan Franklin, Chairman and
Members of the Board of Police Commission
October 7, 2014
Page 3
Subject. 2014 Operating Budget — August Financial Results
The projected year -end financial position for the Saint John Police Force is
estimated to be approximately $500,000 over budget and this variance is the result
of the wage settlement for unionized police officers that was not fully funded in the
approved 2014 Operating Budget envelope.
RECOMMENDATION
• It is recommended that the Board accept and approve this Financial
Report for the period ended as at August 31, 2014 and forward a copy to
Common Council as required under Section 7 (3) of the New Brunswick
Police Act.
Attached reports and documents:
Service Based Budget - Actual versus Budget — August 31, 2014
Budget Variance Analysis — August 31, 2014
Respectfully submitted,
arven E. Corscadden, CGA\
DIRECTOR HR & FINANCE
�I
• iF POLICE
71
SAINT JOHN POLICE FORCE
2014 SERVICE BASED BUDGET
service Kevenue
ztsu,uuu
Itib,bb7
321,571
134,904
Other Funding Sources
630,000
420,000
455,080
35,080
Total Revenue
910.000
606,667
776.650
1696984
8,661,047
8,102,157
558,890
6.5%
Salaries & Benefits
18,208,565
12,876,697
13,315 944 -
439,247
Goods & Services
4,569,277
2.948,368
2,718,711
229,657
Other*
321,960
249,594
72,366
22.5%
Total Expenditures
22,777,842
15,825,065
16,034,655 -
209,590
General Funding Required
21.867.842
15.218,398
15.258.005 -
39.606
FTEs
182
182
-
182 -
Operating Budget - Breakdown
of Operational Costs, by Division / Accountability
Administration
Police Commission
Support Services
Patrol Services
Criminal Investigations
Buildings and Stations
Detention Services
Automotive Equipment
723%
-3.4%
7.8%
4
Budget
t
• Y
1,944,779 1,304,747
11137,357
167,3901 12.8%
111,200 74,080
124,576
- 50,496 - 68.2%
2,140,119
1,435,315
1,576,370
- 141,055
-9.8%
12,872,333
8,661,047
8,102,157
558,890
6.5%
3,852,302
2,590,676
3,320,657
- 729,981
- 28.2%
1,182,529
788,336
787,657
679
0.1%
483,000
321,960
249,594
72,366
22.5%
973,4001
648,9041
736,2871
87,383
23,55%tioz 15,825,065 16,034,655 - 209,590 - 1.32%
72
Saint John Police Force - August 31, 2014
Budget Variance Analysis
Expense Category Variance Explanation of Variance
General Services
+ Employer Training: Under by $59k and
this relates to the timing of training and
the monthly budget allocation.
+ Employee Initiated Training : Over
budget by ($86k) and this variance is the
timing of self - initiated courses by
employees and the monthly budget
allocation. This program winds up at the
end of 2014.
Insurance
($11,536) + Vehicle Insurance: Over budget by
($20k) and this is a timing difference
between the payment of the annual
premium and the budget allocation.
Deductible Account: Under budget by
$8k and this relates to the timing of any
charges back to Police via the City's
insurance department for 3ro party claims
and/or monies due to the SJPF for
damaged police vehicles.
Professional Services
$1,730 + Legal Expense — Over budget by ($65k)
and this variance relates to legal fees for
labour negotiations with SJPA.
Detention Security - This expense is
under budget by $36k which is a timing
issue between the budget allocation and
the processing of the first quarter invoice
from the Province of NB - Sheriff's
department.
+ Other Professional Services - This
expense is under budget by $33k.
Other Purchased Services
$6,882 + No significant variance at the end of
August 2014.
21
73
Asset Purchases
Saint John Police Force — August 31, 2014
Budget Variance Analysis
Variance Explanation of Variance
74
• Other Assets $9 Sk — Any required
expenditures for other assets such as
breath test equipment, radars, and other
operational devices will be completed by
the end of the year.
41
September 23, 2014
Pat Woods
City Manager
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Dear Mr. Woods:-
IGO E
SEP z 6
2014
Cl7Y MANAGER
Referred to
At the meeting of the Board of the Fundy Regional Sice Commission, held
September 23, 2014 the following motion was adopted.
Motion: To have the Board Members take the 2015 draft budget to their respective
communities for their information as required by the legislated 45 day notice and
then bring back any comments or concerns to the October meeting; at which time
the vote to approve will take place.
Attached you will find the 2015 Draft budget and power point presentation for
review.
If you require any further information or have any questions please do not hesitate to
contact me.
S17 cerely,
r w
Ja 4kKehr
E tive Director
Place 400 1 400, rue Main Street I Suite 1 Bureau 1010 1 Saint John I NB Canada I E2K 4N5 I www.frsc.ca
75
t
CSRF
FUNDY REGIONAL
COMMISSION DE SERVICES
SERVICE COMMISSION
REGIONAUX DE FUNDY
IGO E
SEP z 6
2014
Cl7Y MANAGER
Referred to
At the meeting of the Board of the Fundy Regional Sice Commission, held
September 23, 2014 the following motion was adopted.
Motion: To have the Board Members take the 2015 draft budget to their respective
communities for their information as required by the legislated 45 day notice and
then bring back any comments or concerns to the October meeting; at which time
the vote to approve will take place.
Attached you will find the 2015 Draft budget and power point presentation for
review.
If you require any further information or have any questions please do not hesitate to
contact me.
S17 cerely,
r w
Ja 4kKehr
E tive Director
Place 400 1 400, rue Main Street I Suite 1 Bureau 1010 1 Saint John I NB Canada I E2K 4N5 I www.frsc.ca
75
Fundy Regional Service Commission
Operating Fund Budget
For the Year ended December 31, 2015
Budget Budget
2014 r 2015
Revenue S
Corporate and Local Planning Services
Contributions from LSO
Contributions from Municipalities
Contributions from Landfill
Sales of Services
Second Previous Surplus
Sub -total
Landfill
Tipping Fees
Municipal/Business Solid Waste
Construction & Demolition
Tres
htemational Ship's Waste
Asbestos
Compostable Organics
Electronics Recycling
Paint Revenue
Electrical Generation
Interest
Sale of Compost
Recycling
Other
Surplus of second previous year
Sub -total
Total Revenue
Less: Contributions to Corporate
Expenditures
CORPORATE SERVICES
Corporate
Governance
Administration
Subtotal Corporate
Cooperative & Regional Planning Services
Regional Planning
Regional Policing Collaboration
Regional Emergency Measures Planning
Regional Sport, Recreation & Culture
Infrestnicture Planning & Cost-Sharing
Subtotal Cooperative & Regional Planning Services
Local Planning Services
Administration
Planning Services
Inspection Services
Subtotal Planning & Building Inspection Services
CORPORATE SERVICES SUB -TOTAL
LANDFILL SERVICES
Solid Waste Adminlstratlon
Office and Administration
Professional Services
Silo Security
Personnel
Insurance
Property Tans
Sub -total Administration
Environmental Health & Safety
WageslBenafits
Administration
Domestic Well Sampling
On Site Well Sampling
Subtotal Environmental H & S
Household Hazardous Waste
Disposal Cost
Electrical
Building Maintenance
Equipment
Sub -total Household HIM
Public Education
Wages and Benefits
Advertising, tours, promotional materials
Administration
Sub4otal Public Education
348,317
272,127
85,074
65,764
296,542
298,165
0
0
0
71,345
729,933
705,401
6,912,000
6,912,000
224,000
224,000
3,000
3,D00
5,000
5,000
5,600
5,600
224,000
224,000
5,000
5,000
3,600
3,600
150,000
150,000
0
0
5,000
5,000
200,000
180,000
30,000
30,000
0
98,587
7,767,200
718461787
8,497,133
8,581,188
296,542
295,165
8,200,591
8,255,023
63,000 63,000
331,483 330,298
394,483 393,298
;2,500 2,500
2,500 2,500
2,500 2,500
2,500 2,500
10,000 10,000
47,652 0
137,216 161,106
140,582 140,997
325,450 302,103
729,933 705,401
74,864
69,35o
134,772
79,500
6,95D
19,800
193,724
195,663
155,150
147,000
253,271
250,000
818,731
761,313
79,530
79,933
5,850
5,850
10,400
10,800
41,000
42,500
136,780
139,083
20,000
20,000
4,875
2,875
3,000
3,000
4,500
4,500
30,375
30,375
76
130,950 137,296
88,050 97,500
18,600 23,950
237,600 258,746
80,125 80,125
77
Budget
Budget
2014 i
2015
Landfill
Cover Material
140,260
130,000
Site Labour
650,803
660,472
Site non4abour operation (cell)
345,632
366,284
Site maintenance - roads, grounds, misc.
15,660
29,550
Equipment Replacement Reserve - Landfill
0
0
Special waste handling
7,700
7,700
Sub -total Landfill
1,160,255
1,194,008
Scalehouse
Equipment Replacement Reserve
0
0
WegealBansfils
138,035
142,419
Scale Equip/Supplies/Bank Fees
27,250
33,460
Sub -total Scalehouse
165,286
175,879
Gas Management/Electrical Generation
Labour
103,756
92,746
Administration
20,000
18,000
Electricity
3,000
3,000
Equipment Replacement
250,000
0
Equipment Repairs/Fuels
95,400
98,600
Sub -total GM/Electrical Generation
472,156
212,346
Fiscal Servlcaft0ther
Debt Coat Landfill
558,230
286,255
Composting
401,589
331,498
Cell Constnxlion Fund
451,082
850,234
Capital Expenditures financed from Operating
390,000
650,000
2nd previous year deficit
244,502
0
Contributions to Corporate
296,542
296,165
Perpetual Care Fund
109,156
117,424
Host Community Enhancement
85,347
86,291
SuppcdtOCMEI
23,438
23,672
Sub -total Fiscal Services/Other
2,559,886
2,641,539
Leachate
Leschate management
447,071
542,947
Sedimentation Ponds
41,960
41,000
Sub -total Leachate Management
489,031
583,947
Waste Diversion - Recycling Depot Program
Equipment Replacement Reserve - drop off depot
0
0
Operations - Drop off depot
662,574
726,520
Sub -total Recycling Depot Program
662,574
726,520
Waste Diversion - MRF
Labour
299,697
363,845
Equipment Replacement
25,000
25,000
Operations
155,675
145,950
Sub4otal MRF
480,372
534,795
Waste Diversion - Composting Program - PlantlCarls
Equipment/Bldg Replacement Reserve - Composting
0
0
Processing
554,154
587,238
Sub-total-Composting-Plant
554,154
587,238
LANDFILL EXPENDITURES SUB -TOTAL
•° 7,767,200
7,845,787
8,497,133
8,551,188
Excess revenue over expenditure for the period
0
-0
Leas: Contributions to Corporate •
296,542
296,165
8,200,591
8,255,023
Budget
Budget
2014 i
2015
Tonnage summary
MSW
64,000
64,000
C & D
8,000
8,W0
Special
Tires
20
20
International Ships Waste
25
25
Asbestos
80
80
Special Waste
0
0
Organics
8,000
8,000
80,125 80,125
77
N
FRSC' 'CSRF
FUNDY REGIONAL C MMISSION DE SERVICES
SERVICE COMMISSION R GIONAUX DE FUNDY
2015
BUDGET
BUDGET DEVELOPMENT
Senior Management Team
jack Keir
Brian Shannon
Marc MacLeod
Wendy Dicke
Process
• Develop budget
• Roundtable discussion
• Revised as final document
2014 -09 -24
J.
78
I
Tipping Fee remains the same
Corporate Services decreased
z Impact to all communities reduced
Second year surplus
Fundy Regional ServiceCommissmn
Operating Fund Budget
For the Year ended December 31. 1015
Revenue
Corporate and Local Planning Seivlces
Contributions from LSD
Contributions from Municipalities
Contributions from Landfill
Sales of Sernces
Second Previous Surplus
2014 -09 -24
Budget Budget
2014 2015
a
348,317 272,127
95,074 65,764
296,542 296,165
0 0
0 71,34E
729,933 705,401
Landfill
Tipping Fees
Municipal/Business Solid Waste
6.912,000
6,912,000
Construction A Demolition
224,000
224,On0
Tires
3,000
3.000
Internatlnnal Ship's Waste
5,000
5,000
Asbestos
5.600
5,600
Comprrstable Organics
1?4,000
224,000
coutiaued
2
79
2014 -09 -24
^ffindy Regional Service Commission
Operating Fund Budget
For the Year ended December 31, 2015
8,200,591 8,255.025
continued
Budget
Budget
Pt1AV Regional Service Commission
2014
2015
Operating Fund Budget
S
S
Electronic_ Recycling
5,009
s,ano
Pant Revenue
3,600
3,600
Electrical Generation
150,000
15n,000
hiterest
0
0
Sale of Compost
5,000
5,000
Recycling
200,000
180,00
Other
30,000
30,000
Surplus of second previous year
0
98,587
Sub -total
7,767,200
7,845,787
Regional Planning
Total Revenue
6,497,133
8,551,188
Less' Contributions to Corporate
296,542
296,165
8,200,591 8,255.025
continued
Local Planning Service
Administration
47,652
0
Pt1AV Regional Service Commission
137,216
161,106
Operating Fund Budget
140,582
140,997
For the Year ended December 31, 2015
325,450
302,103
Corporate Services Sub -Total
Budget
Budget
2014
2015
Expenditures
S
S
Corporate Services
Governance
63,000
63,000
Administration
331,483
330,298
Sub -total Corporate
394,483
393,298
Cooperative & Regional Planning Services
Regional Planning
2,500
2,500
Regional Policing Collabt•ration
2,500
2,500
Regional Zmergency Measures Planning
2,500
2,son
Regional Sport, Recreation & Culture
2,500
2,500
Infrastrucwre Planning o Cost - Sharing
Sub -total Cooperative & RIPS r
10,000
10,000
Local Planning Service
Administration
47,652
0
Planning Services
137,216
161,106
Inspection Services
140,582
140,997
Sub -total Local Planning
325,450
302,103
Corporate Services Sub -Total
729. 3
705 401
rnntFnued
3
80
-w:4yilegignalservrce COMMI55lon
pgeraiing fund Budget
For the Year ended December 31. 2015
Expenditures
Landfill
Solld Waste Adminku ation
Office and Administration
Professional Services
Site Sectinty
Personnel
Insurance
Pr opei ty Taxes
Envlronmeutal Health & Safety
Wages /Benefits
Administration
Domestic Well Sampling
On Site Wetl Sampling
Fundy keginnal Service Commission
Operating Fund Budget
Fur the Yew ended December 31. 2015
Expenditures
Household Hazardous Waste
Disposal Cost
Electrical
Building Maintenance
Equipment
I
Sub -total SW Administration
Subtotal Environmental H & 5
Sub•tolal Household HW
Public Education
Wages and Benefits
Advertising, tours, promotional materials
Administration
Sub -total Public Education
Budget Budget
2014 2015
S
74,864
69,350
134,772
79,500
6.950
19,800
193,724
195,663
155,1 50
147,000
253.271
250,000
813,731
761,313
88,050
97,500
79,530
79,933
5,850
5,650
10,400
10,800
41.000„
42,500
136 760
139,083
rnnrinued
Budget Budget
2014 2015
t S
20,000
20,000
2,875
2,875
3,UOD
3,000
4,500
4 S00
30.375
30,375
730,950
137,296
88,050
97,500
18,600
'3.950
237.600
258.746
continued
2014 -09 -24
4
2014 -09 -24
'f�ittdy Regional Service rommission
Operating Fund Budget
For the Year ended December 31, 2015
Expenditures
Landfill
Cover Material
Site tabour
Site non - labour operation (cell)
Site maintenance - roads, grounds, mist
Equipment Replacement Reserve - Landfill
Special xasm handhna.
Sub -total Landfill
Scale house
Egrpment Replacement Reserve - Scales
Wages /Benefits
Scale Equip /Supplies/Bank Fees
Sub -total Scale house
Budget Budget
2014 2015
$ 3
1 10.260
130,000
650,803
660,472
34i,832
366,284
15,660
29,550
0
0
7,700
7.700
1,160,255
1,194,006
Budget
0
0
138,036
142,419
27,250
33,460
165,286
175,879
cnndnued
5
82
- 14indyRegional Service Commission
Operating Fund Budget
For the Year ended December 31, 2015
Budget
Budget
2014
2015
s
s
Gas Management/Electrical Generation
Labour
103,756
92,746
Administration
20,000
1,3,000
Electricity
3,000
3,000
Equipment Replacement
250,000
0
Equipment Repalrs /Fuels
95,400
98,600
Sub -total GM/Electrical Generation
472,156
212,346
rnn[inued
5
82
2014 -09 -24
gyWdylCegional Service Commission
Operating Fund Budget
For the Year eoded December 31, 2015
Fiscal Services20ther
Debt Cost
Landfill
Composting
Cell Construction Fund
Capital Expenditurer financed from Operating
2nd previous year deficit
Contributions to Corporate
Perpetual Care Fund
Host Community Enhancement
Support to CMEI
Sub -total Fiscal Services /Other
Budget Budget
2014 2015
$ 3
558,230
286,255
401 ,5 89
331,498
451.082
850,234
390,000
650,000
244,502
0
296,542
296,165
109.156
117,424
85,347
86,291
23,438
23,672
2,559,886
2,641,539
continued
Fundy Regional Service Commission
Operating Fund Budget
For the Year ended December 31, 2015
Budget Budget
2014 2015
ENpendltures $ S
Leachate
Leachate management 447,071 542,947
Sedimentation Ponds _41,960 .._41 000
Subtotal Leachate Management 489,031 583,947
Waste Olvenion - Recycling Depot Program
Equipment Replacement Reserve- drop off depot
0
0
Operations - Drop off depot
6645A
726,520
Sub- total Recycling Depot Program
662,574
726,520
Waste Diversion - MRF
Labour
299,697
363,845
Equipment Replacement
25,000
25,000
Operations
155,675
145,950
Sub -total MRF
480,372
534,795
continued
6
83
Fundy Regional Service Commission
Operating Fund Budget
For the Year ended December 31, 2015
Waste Dlver_Inn - Composting Program - Plant; Carts
EquipmentIBldg Replacement Reserve - Composting
Processing
Sub-total-Composting-Plant
LANDFILL EXPENDITURES SUB -TOTAL
Excess revenue a er expenditure for the period
Less. Contributions to Corporate * * **
2014 -09 -24
Budget Budget
3tlli 2015
S S
4 0
554,154 587.238
554;154 587,238
* ** *7,767,200 7,845,787
8,497,133 8,551,188
296,542 296,165
8,200,591 8.255,023
continued
7
0
2014 -09 -24
*MOTION
To have the Board Members take the 2015 draft budget to their
respective commumttes for their information as required by the
legislated 45 day notice and then bring back any comments or
concerns to the October meeting; at which time the vote to
approve w1ll take place
REPORT TO CONUMON COUNIC"'IL
M &C -2014 -177
October 9, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Release of Option for City to Repurchase Lands Formerly
Known as Wigmore and Philip Courts and PID No. 55160691
BACKGROUND:
City of Saint john
By resolution adopted on October 15, 2012 and amended on December 10, 2012
and December 23, 2013, Common Council authorized the sale of land on
Churchill Boulevard to The Saint John YM -YWCA Inc. (now known as YMCA
of Greater Saint John Inc.) for the construction of a new "Y" facility.
The City reserved an Option to repurchase the subject property on the 3`d
anniversary of the Closing, if at that time the Purchaser has not commenced
construction of the project upon the premises. Commenced construction of the
project is defined in the agreement as "the completion of the erection/installation
of structural steel for the YM -YWCA facility ". The Option was reserved in the
conveyance.
The owner of the subject property is requesting a release of the repurchase option
in advance of registering mortgage security against the lands.
A site inspection by City staff conducted on October 8, 2014 of the property in
question indicated that all of the structural steel appeared to be in place for the
intended development.
City staff is satisfied that development has commenced on the property as
described in the Agreement of Purchase and Sale and are agreeable to have this
option released.
:.
M&C-- 2414 -177 -2-
October 9, 2014
RECOMMENDATIONS
That The City of Saint John release The Saint John YM -YWCA Inc. (now known
as YMCA of Greater Saint John Inc.) from the Option reserved in the conveyance
of lands registered in the Saint John County Registry Office on April 22, 2014 as
No. 33704124.
Respectfully submitted,
urtis Langille, BA Brian Irving, BBA i
Real Estate Manager Real E
G ry . Yeomans, CGA, MBA Pa 'c Woods, CGA
Co ' sioner Ci Manager
Fi cc and Administrative Services
Attachment
CL /c
87
Parcels to be Conveyed to YM-YWCA
Land Off Churchill Boulevard
wNyiignt cvi [ i ne tiry or taint uonn. fill rights reserved. Thu Sep 27 2012 09:49:03 AM.
• •
,�q.2—
REPORT TO COMMON CCUNCIL
M &C- 2014 --178
September 29, 2014
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Clean Sweep Initiative
BACKGROUND:
r In
City of Saint John
In June 2014 Common Council passed the following Resolution: RESOLVED
that item 11.1) Clean Sweep Initiative (Councillor Reardon) regarding the City
providing formal support for citizen street sweeping initiatives be referred to the
City Manager for a report and recommendation. This report also addresses
previous motions from Council regarding litter clean-up campaigns.
In response to this resolution, Kevin Rice, Deputy Commissioner of
Transportation and Environment Service will be completing a review and analysis
of the Sweeping Management Plan for Streets and Sidewalks and submitting a
funding request for Common Council's consideration for the 2015 General Fund
Operating Budget. This request will recommend that Common Council reinstate
and provide operational budget support for the Spring Street Sweeping Program
that also includes sidewalk street sweeping. The Sweeping Management Plan for
Streets and Sidewalks prioritizes streets in alignment with traffic volume and Plan
SJ. The proposed Spring Street Sweeping Program will begin in April, weather
pending, and be completed by June 30th each year.
In regards to supporting citizen interest and engagement in resident -led
neighbourhood street and sidewalk sweeping initiatives, City staff recommends
these take place through a coordinated effort between Neighbourhood groups and
City of Saint John staff by utilizing the Community Clean -up Trailer which was
identified in the 2014 budget as a key initiative to action Council's P1aySJ
Recreation Strategic Plan which promotes community partnerships and
stewardship in parks and recreation service delivery. The Community Clean-up
Trailer has been delivered and efforts are underway to develop a public awareness
campaign to be launched in the spring to promote its availability as a tool to
support community based clean-up efforts.
ANALYSIS
With Common Council's support, staff of the Transportation and Environment
Service and the Neighbourhood Improvement Service see an opportunity for the
City to implement both programs in a coordinated manner for maximum
0
M&C -2014- 178
September 29, 2014
-2-
community impact. The Spring Street Sweeping Program would serve as the core
program to complete the street and sidewalk sweeping needs within the
community. The Community Clean-up trailer would augment the Spring Street
Sweeping Program as follows:
1) Neighbourhoods would mobilize and set the date for their Neighbourhood
street sweep. They would reserve the Community Clean Trailer through
the Parks and City Landscape Division administration staff;
2) Growth & Community Development staff working with the
neighbourhood group will advise the Transportation and Environment
Service of the event and make request for support as follows:
a. Provide logistics of event and support needed.
b. Garbage pick -up (whereby volume of garbage cannot be removed
and disposed of using the Community Clean Trailer) — Time for
garbage pick -up is required.
c. Request for bucket loader for removal of sand piles along street if
needed.
3) The City of Saint John can only support this citizen street sweep concept
through a neighbourhood mobilized and coordinated effort. City staff
does not have the capacity to respond to individual resident requests to
remove sand. The greatest impact is achieved when neighbourhoods
mobilize in numbers to ensure efficiencies and results. This initiative does
not replace the requirement for a Sweeping Management Plan for Streets
and Sidewalks.
4) Support of the community sweep initiative will largely be dependent on
the availability of the Community Clean Trailer and limited to staff's
capacity and operational budgets within each service area to support.
RECOMMENDATIONS
It is recommended that Common Council adopt the concept of the Transportation
and Environment Service partnering with the Growth and Community
Development - Neighbourhood Improvement Service:
1) to provide the opportunity for citizens to participate in the Clean Sweep
Initiative as describe in the analysis section of this report;
2) To direct staff to implement a process that would promote and provide
access for the community to the Clean Sweep Initiative.
Respectfully submitted,
Kevin Rice, B.Sc., CET
Deputy Commissioner,
Transportation and Environment Service
a
Kevin Watson, B.P.E.
Manager,
Neighbourhood Support
M &C -2014- 178
September 29, 2014
3
-3-
Jacqueline Hamilton, MCIP, RPP
Commissioner of
Growth and Community Development
1-1-ft
91
rw-
3s, CGA
r
T .
V2,
The City of Saint John
October 10, 2014
Mayor Mel Norton and
Members of Common Council
Your Worship and Members of Council:
SUBJECT: INFLUENZA VACCINES TO EMPLOYEES
The City of Saint John offers seasonal influenza vaccinations 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 vaccination services.
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,
*Woods, CGA
MANAGER
SAINT JOHN
P.O. Box 1971 C.P. 1971
Saint John, NB Saint John, N. -B,
Canada E2L 41 Canada E21- 41
www sainntyohn.ca
SCHEDULE A
VON CHARGES SCHEDULE 2014 City of Saint John
Rates for Vaccine in provinces in which Vaccine is supplied by the government:
Nurse rate and supplies .................................................. ............................... $ 21.001injection
Minimum 2 hours per clinic
TRAVELTIME ........................................................................ ............................... $ 70.001hour
MILEAGE............................................................................... ............................... $0.421km.
Cancellation charge {less than 48 hours notice }.or less than 50% expected participation
93
INFLUENZA IMMUNIZATION CONTRACT
THIS CONTRACT ( "this Contract ") made in triplicate effective as of the day of October, 2014
(the "Effective Date ").
BETWEEN:
THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15
Market Square, Saint John, New Brunswick, a body corporate by Royal Charter,
confirmed and amended by Acts of the Legislative Assembly of the Province of
New Brunswick (hereinafter referred to the "City ")
OF THE FIRST PART
-AND-
VICTORIAN ORDER OF NURSES FOR CANADA - EASTERN REGION /LES
INFIRMIERES DE L'ORDRE DE VICTORIA DU CANADA - EASTERN REGION,
a corporation incorporated under the laws of Canada, having its registered
office located in Ottawa and Province of Ontario (hereinafter referred to as the
"VON ")
OF THE SECOND PART
WHEREAS, this Contract between VON and the City confirms that the City has retained the services
of VON, through its Saint John Branch, to administer influenza vaccines to its Employees, who have
agreed to participate in the program on a voluntary basis, and that VON accepts this retainer.
WHEREAS, VON obligation to provide any influenza immunization services is contingent upon the
availability and accessibility of sufficient vaccine, as more fully described in subsection 1.6.4 of this
Contract.
WHEREAS, the Common Council on October 14th, 2014 resolved:
(a) That as recommended by the City Manager in the submitted report entitled
Influenza Vaccines to Employees 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.
01
-2-
NOW THEREFORE THIS CONTRACT WITNESSETH that in consideration of the mutual covenants
and agreements herein and subject to the terms and conditions set out in this Contract, the Parties
agree as follows:
1.0 INTERPRETATION AND GENERAL PROVISIONS
1.1 Defined Terms
When used in this Contract, the following words or expressions have the following meanings;
(a) "Applicable Laws" mean all applicable requirements, laws, statutes, codes, acts,
ordinances, orders, decrees, injunctions, municipal by -laws, rules, regulations,
official plans, permits, licences, authorisations, directions, and agreements with all
Authorities that now or at any time hereafter may be applicable to either this
Contract or the Services or any part of them;
(b) "Authority" means any government authority, agency, body or department,
whether federal, provincial or municipal, having or claiming jurisdiction over this
Contract; and "Authorities" mean all such authorities, agencies, bodies and
departments;
(c) "Business Day" means a day other than a Saturday, Sunday or statutory holiday
under the laws of Canada or the Province of New Brunswick or a civic holiday
proclaimed by the City;
(d) "Business Hours" mean 8:30 a.m. to 4:30 p.m. of any Business Day;
(e) "City Address" means 15 Market Square, P. 0. Box 1971, Saint John, New
Brunswick, E2L 4L1, Telephone: 506 -658 -2942, Fax: 506- 649 -6003;
(f) "Client" means any person to whom VON shall provide Services under this
Contract;
(g) "City Confidential Information" means all information of the City or any
departments, boards, agents or commissions of the City that is of a confidential
nature, including all confidential information in the custody or control of the City or
any departments, boards, agents or commissions of the City, regardless of whether
it is identified as confidential or not, and whether recorded or not, and however
fixed, stored, expressed or embodied, which comes into the knowledge, possession
or control of VON in connection with this Contract. For the purposes or greater
certainty and without limiting the generality of the foregoing, City Confidential
Information shall:
1.1.(8).1 Include: (i) all new information derived at any time from any such
information whether created by the City or any departments, boards,
agents or commissions of the City, VON or any third party; (ii) all
95
-3•
information that the City or any departments, boards, agents or
commissions of the City are obliged, or have the discretion, not to
disclose under provincial or federal legislation;
1.1.(g).2 Not include information that: (i) is or becomes generally available to the
public without fault or breach on the part of VON of any duty of
confidentiality owed by VON to the City or any departments, boards,
agents or commissions of the City or to any third party; (ii) VON can
demonstrate to have been rightfully obtained by VON, without any
obligation of confidence, from a third party who had the right to transfer
or disclose it to VON free of any obligation of confidence; or (iii) VON
can demonstrate to have been rightfully known to or in the possession
of VON at the time of disclosure free of any obligation of confidence
when disclosed;
(h) "City Representative" includes the Commissioner of Finance & Administrative
Services or any staff from the Finance & Administrative Services Department who
is employed by the City and has been designated by the Commissioner of Finance &
Administrative Services to act on his behalf,
(i) "Common Clerk" means the person designated and appointed by Common Council
by resolution as Common Clerk for the City, located at 1S Market Square, P. 0. Box
1971, Saint John, N.B., E2L 4L1, Tel: 506 -658 -2862, Fax: 506 -674 -4214, or her
designate;
[j) "Common Council" means the elected municipal council of the City;
(k) "Employee" means an employee of the City; and "Employees" shall have a
corresponding meaning;
(1) "Fees" means the fixed price, in Canadian funds, to be charged for the applicable
Services, as set out in Schedule "A ", representing the full amount chargeable by
VON for the provision of the Services, including but not limited to:
1.1(1).1 All applicable duties and taxes, excluding Harmonized Sales tax;
1.1.(1).2 All labour and material costs;
1.1.(1).3 All disbursements including travel and carriage costs;
1.1.(1).4 All insurance costs; and
1.1.(1).5 All other overhead including any fees or other charges required by law;
(m) "Good Industry Practice" means the exercise by those Persons performing the
Services of that degree of skill, diligence, prudence, operating practice and
foresight which would reasonably and ordinarily be expected from a Person
-4-
seeking in good faith to comply with their contractual obligations under the
Contract who is experienced in carrying out Services and works comparable in size,
scope and complexity to the Services within Canada.
(n) "Indemnified Parties" means each Party and its officers, directors, employees,
agents or independent contractors;
(o) "Party" individually means the City or VON; and "Parties" means the City and the
VON;
(p) "Person" if the context allows, includes any persons, firms, partnerships or
corporations or any combination thereof; and "Persons" shall have a
corresponding meaning;
(q) "Place of the Work" means the location provided by the City, in Saint John, New
Brunswick;
(r) "Proceeding" means any action, claim, demand, lawsuit, or other proceeding; and
"Proceedings" shall have a corresponding meaning;
(s) "Services" means the administration of influenza vaccines to Employees of the City
to be provided by VON to the City in accordance with the provisions of this
Contract;
(t) "Term" means the term of this Contract commencing on the date this Contract
comes into effect and ending upon the earlier of:
1.1.(t).1 The second anniversary of the effective date of this Contract; and
1.1.(t).2 Termination or expiration of this Contract in accordance with its terms;
(u) "VON Address" means 199, Chesley Drive, Saint John, New Brunswick, Telephone:
506 - 635 -1530, Fax: 506 - 652 -6367; and
(v) "VON Representative" means Michelle MacNeill, or her designate.
1.2 Entire Contract
1.2.1 This Contract embodies the entire Contract between the Parties with regard to the provision
of Services to the City by VON and supersedes any prior understanding or agreement,
collateral, oral or otherwise, existing between the Parties at the date of execution of this
Contract.
1.3 Severability
1.3.1 If any term or condition of this Contract, or the application thereof to the Parties or to any
Persons or circumstances, is to any extent invalid or unenforceable, the remainder of this
Contract, and the application of such term or condition to the Parties, Persons or
97
1912
circumstances other than those to which it is held invalid or unenforceable, shall not be
affected thereby.
1.4 Priority of Documents
1.4.1 In the event of a conflict or inconsistency between any provisions in this Contract and the
Schedule, the main body of this Contract shall govern over the Schedule to this Contract.
1.5 Headings and Grammatical Variations
1.5.1 The headings in this Contract are for convenience of reference only, and shall not affect the
construction or interpretation of this Contract.
1.5.2 Grammatical variations of any terms defined in this Contract have similar meanings to such
defined terms; words importing number include the singular and the plural.
1.6 Force Maieurg
1.6.1 Neither Party shall be liable for damages caused by delay or failure to perform its obligations
under this Contract where such delay or failure is caused by an event beyond its reasonable
control.
1.6.2 The Parties agree that an event shall not be considered beyond a Party's reasonable control if
a reasonable business person applying due diligence in the same or similar circumstances
under the same or similar obligations as those contained in this Contract would have put in
place contingency plans to materially mitigate or negate the effects of such event.
1.6.3 Without limiting the generality of the foregoing, the Parties agree that force majeure events
shall include natural disasters and acts of war, insurrection and terrorism but shall not
include shortages or delays relating to supplies or services, other than the availability and
accessibility of sufficient vaccine.
1.6.4 It is hereby understood and agreed that VON's obligation to provide the Services is
contingent upon the availability and accessibility of sufficient vaccine. Agreed upon clinic
dates may be subject to change or cancelled in the event that unforeseen circumstances
outside of VON's control impact the availability or accessibility of vaccine.
1.6.5 If a Party seeks to excuse itself from its obligations under this Contract due to a force
majeure event, that Party shall immediately notify the other Party of the delay or non-
performance, the reason for such delay or non - performance and the anticipated period of
delay or non - performance. If the anticipated or actual delay or non - performance exceeds
fifteen (15) Business Days, the other Party may immediately terminate this Contract by
giving notice of termination and such termination shall be in addition to the other rights and
remedies of the terminating party under this Contract, at law or in equity.
K-2
1.7 Notices
1.7.1 Notices shall be in writing and shall be delivered by courier, personal delivery or facsimile
and shall be addressed to, respectively, the City Address to the attention of the Common
Clerk and to VON's Address to the attention of VON's Representative. Notices shall be
deemed to have been given:
(a) In the case of postage - prepaid envelope, five (S) Business Days after such
notice is mailed; or
(b) In the case of personal delivery or facsimile one (1) Business Day after such
notice is received by the other Party. In the event of a postal disruption,
notices must be given by personal delivery or by facsimile. Unless the Parties
expressly agree in writing to additional methods of notice, notices may only
be provided by the methods contemplated in this paragraph.
1.8 Governing Law
1.8.1 This Contract shall be governed by and construed in accordance with the laws of the
Province of New Brunswick and the federal laws of Canada applicable therein, where the
subject in question is not addressed by the laws of New Brunswick.
1.9 Authority of Representatives
1.9.1 The Parties represent that their respective representatives have the authority to legally bind
them to the extent permitted by Applicable Law.
1.10 No Partnership. Agency etc.
1.10.1 VON shall have no power or authority to bind the City or to assume or create any obligation
or responsibility, express or implied, on behalf of the City. VON shall not hold itself out as an
agent, partner or employee of the City.
1.10.2 Nothing in this Contract shall have the effect of creating an employment, partnership or
agency relationship between the City and VON (or any of VON's directors, officers,
employees, agents, partners, affiliates or subcontractors).
2.0 PERFORMANCE BY VON
2.1 Commencement of Performance
2.1.1 VON shall commence performance of the Services upon the execution of this Contract.
2.2 General Direction
2.2.1 VON shall perform these Services under the general direction and control of the City
Representative. The Services shall at all times be performed under the clinical and
professional direction and control of VON.
..
7-
2.3 Performance Warranty
2.3.1 VON hereby represents and warrants that the Services shall be provided fully and diligently
in a professional and competent manner by persons qualified and skilled in their occupations
and furthermore that all Services will be provided in accordance with.
(a) This Contract;
(b) Good Industry Practice; and
(c) Applicable Laws.
2.3.2 VON agrees to perform its duties and responsibilities under this Contract in accordance with
the standards for professional and clinical conduct set out by the College of Nurses for New
Brunswick and in accordance with all Applicable Laws including, without limitation:
(a) Obtaining the necessary consents from Employees;
(b) Obtaining signed medical directives for the administration of the influenza
vaccine and adrenaline and benadryl (to be used as needed in the event of
anaphylactic reaction);
(c) Reviewing Employees health's assessments;
(d) Administering the vaccine and monitoring Employees post - injection for
reaction; and
(e) Documenting any post - injection reaction of an Employee.
2.4 Amendments and Assignment
2.4.1 Any changes to this Contract shall be by written amendment signed by the Parties.
2.4.2 No changes shall be effective or carried out in the absence of such a written amendment.
2.4.3 Neither Party may assign this Agreement without the prior written consent of the other
Party.
2.5 Rights and Remedies
2.5.1 The express rights and remedies of the Parties and the obligations of Parties set out in this
Contract are in addition to and shall not limit any other rights and remedies available to the
Parties or any other obligations of Parties at law or in equity.
100
It-ON
3.0 OBLIGATIONS OF THE CITY
3.1 Responsibilities of the City
3.1.1 Under this Contract, the City shall have the following responsibilities and obligations:
(a) To provide publicity materials and circulate information about influenza and
the vaccine program to all Employees;
(b) Working with VON, to set date(s), time(s) and location for influenza
immunization clinic(s);
(c) To arrange sign -up sheets for Employees;
(d) To provide VON with a suitable clinic area including-
(i) Access to sink and running water;
(ii) Desk and /or table and sufficient chairs for Employees and VON
staff to set up the flu vaccine equipment and administer vaccine;
(iii) Cot bed or blanket for emergency purposes;
(iv) Sufficient garbage containers for non - medical waste;
(v) Access to a landline telephone; and
(vi) A designated on -site contact /helper to assist with clinic
coordination.
(e) To distribute flu shot information sheets to Employees prior to each clinic
date and to advise Employees to bring these completed sheets to the clinic;
(f) To ensure that Employees are prepared to remain in the flu clinic area so that
they can be assessed by the nurse throughout a 15 minute waiting period;
(g) To provide at least 48 hours' prior notice to VON of any clinic cancellation so
that VON does not incur unnecessary vaccine, supply and staff costs; and
(h) To advise VON about the expected number of Employees expected for each
scheduled clinic at least three (3) Business Days prior to such clinic in order
to enable VON to order an appropriate amount of vaccine and supplies, so that
VON does not incur unnecessary vaccine costs and to keep vaccine waste to a
minimum.
4.0 OBLIGATIONS OF VON
4.1 Responsibilities of VON
4.1.1 Under this Contract, VON shall have the following responsibilities and obligations:
101
(a) To provide the City with promotional materials for the influenza vaccine
clinics;
(b) To provide nurses to implement the clinics;
(c) To set up and dismantle the clinics; and
(d) To provide all materials needed for the injections including, without
limitation, syringes, alcohol swabs, needles and influenza vaccine.
5.0 PAYMENT FOR PERFORMANCE
5.1 Fees
5.1.1 Subject to VON's compliance with the provisions of this Contract, the City shall pay VON for
the Services under this Contract the Fees as provided in Schedule "A ".
5.1.2 The City acknowledges and agrees that VON incurs significant staffing, vaccine and supply
costs for each scheduled clinic, and that VON will not be reimbursed for vaccine that it
purchases but does not use. The City therefore agrees that:
(a) In the event that the City cancels a scheduled clinic upon less than 48 hours'
prior notice to VON, as required by subsection 3.1.1(g), the City shall pay to
VON the cost of supplies, vaccine and scheduled nurses' time and, if
applicable, nurses' reasonable travel time and mileage, plus a cancellation
charge identified in Schedule A; and
(b) In the event that the amount of influenza vaccines actually administered at a
scheduled clinic is less than 500/6 of what the City had advised VON to expect
under subsection 3.1.1(h), the City shall pay to VON, in addition to the cost of
the vaccine doses administered, the cost of the unused vaccine and the cost of
supplies together with nurses' time for the full scheduled time of the clinic at
the agreed -upon hourly rate, plus a cancellation charge identified in Schedule
A.
5.1.3 VON shall invoice the City within sixty (60) days after each clinic date with payment due
within thirty (30) days of the date the invoice is received by the City Representative.
5.1.4 The City will endeavour to pay invoices when due to VON, but shall not be required to pay
interest on any late payments.
5.2 No Other Expenses
5.2.1 There shall be no other charges payable by the City under this Contract to VON other than
the Fees established under this Contract unless such charges and /or rates are first
authorized by the City's Representative.
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6.0 CONFIDENTIALITY
6.1 City. Confidential Information
6.1.1 During and following the Term, VON shall:
(a) Keep all City Confidential Information confidential and secure;
(b) Limit the disclosure of City Confidential Information to only those Employees,
directors, partners, officers, agents, representatives, advisors or
subcontractors who have a need to know it in order for VON to perform the
Services hereunder;
(c) Not directly or indirectly disclose, destroy, exploit or use any City
Confidential Information (except for the purpose of providing the Services, or
except if required by order of a court or tribunal having jurisdiction), without
first obtaining:
(i) The written consent of the City's Representative; and
(ii) In respect of any City Confidential Information relating to any third
party, the written consent of such third party;
(d) Provide City Confidential Information to the City's Representative on
demand; and
(e) Return all City Confidential Information to the City's Representative on or
before the termination or expiry of the Term, with no copy or portion kept by
VON. VON shall ensure that those of its directors, officers, employees, agents,
partners, representatives, advisors or subcontractors who have been
provided with City Confidential Information will keep all City Confidential
Information confidential and secure in accordance with the requirement of
this Contract and that all such City Confidential Information be returned to
the City before the termination or expiry of the Term.
6.2 Medical Record and Personal Information
6.2.1 VON including its employees are medically qualified professionals who must adhere to the
requirements of their professional bodies including matters related to confidentiality,
professional ethics and duty of care.
6.2.2 Any medical records and /or personal information supplied by an Employee to VON including
its employees are confidential and will not be disclosed to anybody without informed
consent.
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6.2.3 All medical records and /or personal information of an Employee shall be treated as
confidential so as to comply with all Applicable Laws regarding the confidentiality of patient
records and /or personal information.
6.2.4 All documentation created or collected by VON in providing the Services under this Contract,
including completed health assessments and consent forms together with all other
Employee's health information (collectively, "Health Records ") are and shall remain the
property of VON.
6.3 Survival
6.3.1 The provisions of this Section 6 shall survive any termination or expiry of this Contract.
7.0 INDEMNITY AND INSURANCE
7.1 Indemnity
7.1.1 Each Party shall, from time to time, and, at all times hereafter, save, defend and keep
harmless and fully indemnify the other Party from and against all manner of actions, suits,
claims, executions and demands which may be brought or made against the other Party and
against all losses, costs, charges, damages, liens and expenses which may be sustained,
incurred or paid by the other Party by reason of, or in consequence of, the default or breach
by the indemnifying Party of its obligations under this Contract or by reason of any
negligence or wilful default of the indemnifying Party, its officers, employees or agents or
persons for whom they are responsible in law, other than such costs, charges or expenses
caused or to the extent contributed to by the negligent or wilful acts or omissions of the
party seeking the indemnity hereunder.
7.1.2 The obligations contained in this subsection 7.1 shall survive the termination or expiry of
this Contract.
7.1.3 In no event shall either Party be obligated to indemnify the other Party in any manner
whatsoever in respect of damages, costs, claims, demands, actions, suits or other
proceedings caused by the negligence or wilful act or omission of the other Party , or any
Person for whom it is responsible.
7.2 Insurance
7.2.1 VON, at no expense to the City, shall obtain and maintain in full force and effect during the
term of this Contract, a policy or policies of insurance with the following minimum limits of
liability:
(a) Professional Errors and Omissions Liability Insurance
The Insurance Coverage shall be in the amount of Five Million Dollars
($5,000,000.00) per claim and in the aggregate.
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7.2.2 The above -noted policies of insurance must provide that the coverage shall stay in force and
not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice
being given to the City.
7.2.3 If applicable, VON shall obtain and maintain in full force and effect during the term of this
Contract, coverage from WorkSafeNB.
7.3 Proof of Insurance
7.3.1 VON shall provide the City with proof of the insurance required by this Contract in the form
of valid certificates of insurance that reference this Contract and confirm the required
coverage, on or before the commencement of this Contract, and renewal replacements on or
before the expiry of any such insurance.
7.4 Participation in Proceedings
7.4.1 VON shall, at its expense, to the extent requested by the City, participate in or conduct the
defence of any Proceeding against any Indemnified Parties referred to in this Section 7 and
any negotiations for their settlement.
74.2 The City may elect to participate in or conduct the defence of any such Proceeding by
notifying VON in writing of such election without prejudice to any other rights or remedies of
the City under this Contract, at law or in equity.
7.4.3 Each Party participating in the defence shall do so by actively participating with the other's
legal counsel.
7.4.4 No settlement shall be entered into by either Party unless it has obtained the prior written
approval of the other Party.
7.4.5 If VON is requested by the City to participate in or conduct the defence of any such
Proceeding, the City agrees to co- operate with and assist VON to the fullest extent possible in
the Proceedings and any related settlement negotiations.
7.4.6 If the City conducts the defence of any such Proceedings, VON agrees to co- operate with and
assist the City to the fullest extent possible in the Proceedings and any related settlement
negotiations.
7.S Extent of this Section
7.5.1 Nothing in this Section 7 shall be construed as limiting in any way, the indemnification
provision contained in this Contract, or the extent to which either Party may be held
responsible for payments of damages to persons or property.
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8.0 TERMINATION AND EXPIRY
8.1 Termination
8.1.1 Either Party reserves the right to terminate this Contract, without cause, upon ten (10)
Business Days prior written notice to the other Party.
8.1.2 In the event that the City terminates this Contract, it shall be required to pay for any
influenza immunization clinics provided by VON up to the date of termination and to
reimburse VON for the cost of any clinic related materials that it has already incurred.
8.1.3 For greater certainty, under no circumstances shall VON be entitled to payment from the City
for or in respect of any foregone or projected profits, revenue, or income or other indirect or
consequential losses or damages resulting or arising directly or indirectly from any
termination of this Contract.
8.2 ExgJIX of Contract
8.2.1 This Contract shall expire at midnight on the date after the last scheduled vaccine clinic.
9.0 GOVERNING REGULATIONS
9.1 Laws and Notices
9.1.1 VON shall give the required notices and comply with the Applicable Laws or Common
Council resolutions which are or become in force during the performance of the Services and
which relate to the Services.
9.1.2 If VON fails to notify the City's Representative in writing, fails to obtain direction as required
in paragraph 9.1.1, and performs work knowing it to be contrary to any Applicable Law or
Common Council resolutions, VON shall be responsible for and shall correct the violations
thereof and shall bear the costs, expenses, and damages attributable to the failure to comply
with the provisions of such Applicable Law or Common Council resolutions.
10.0 GENERAL
10.1.1 It is understood that all brochures, pamphlets, forms and any other material in the nature of
intellectual property in any media or format whatsoever (the "Intellectual Property ") used,
provided or supplied by VON to the City or its employees, is proprietary to VON and use of
the Intellectual Property by the City is strictly prohibited without the express written
permission of VON Canada. The City shall have no rights to the Intellectual Property except
as set forth in this Contract.
10.1.2 This Contract may be executed and delivered in any number of counterparts, each of which
when executed and delivered is an original but all of which taken together constitute one
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and the same instrument. A signature transmitted by facsimile shall be deemed to be the
original signature for all purposes.
10.1.3 Time shall be of the essence of this Contract.
IN WITNESS WHEREOF Victorian Order of Nurses for Canada - Eastern Region /Les infirmieres de
1'ordre de Victoria du Canada - Eastern Region has caused this Contract to be executed by its
corporate name, and on its behalf, by its Director -- Business Development, and The City of Saint
John has caused this Contract to be executed in its corporate name in the manner prescribed by the
Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto.
SIGNED, SEALED & DELIVERED
In the presence of:
Witness
Victorian Order of Nurses for Canada - Eastern
Region /Les infirmieres de Fordre de Victoria du
Canada - Eastern Region
Per:
.%1iche1Je'uiatNeill
I have authority to bind the Victorian Order of
Nurses for Canada - Eastern Region/
Les infirmieres de 1'ordre de Victoria du Canada -
Eastern Region
THE CITY OF SAINT JOHN
Mel Norton, Mayor
Jonathan Taylor, Common Clerk
Common Council Resolution: October 14th. 2014
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PROVINCE OF NEW BRUNSWICK
IN THE COUNTY OF SAINT JOHN
I, Michelle MacNeill, of the City of Saint John and Province of New Brunswick, MAKE OATH
AND SAY:
1. That I am the District Site Manager for the Victorian Order of Nurses for Canada - Eastern
Region /Les infirmieres de l'ordre de Victoria du Canada - Eastern Region, the services
provider named in the foregoing instrument and have custody of the corporate seal of the said
corporation and am duly authorized to make this affidavit.
2. That the attached agreement was executed by me as the officer duly authorized to execute the
agreement on behalf of the Commission.
3. That the Victorian Order of Nurses for Canada - Eastern Region /Les infirmieres de l'ordre de
Victoria du Canada - Eastern Region has no seal.
4. That the said document was executed as aforesaid at Saint John in the Province of New
Brunswick on the day of October, 2014.
SWORN TO before me at )
Saint John, in the )
Province of New Brunswick )
the day of October, )
2014. }
Michelle MacNeill
Commissioner of Oaths, )
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SCHEDULE A
Fee Structure
Rates for Vaccine in provinces in which Vaccine is supplied by the government:
Nurserate and supplies .................................................. ............................... $ 21.00 /injection
Minimum 2 hours per clinic
TRAVELTIME ........................................................................ ............................... $ 70.00 /hour
MILEAGE............................................................................... ............................... $0.42/km.
Cancellation charge (less than 48 hours notice).or less than 50% expected participation
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