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2014-10-27_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, October 27, 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. 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of October 14, 2014 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda Pages an 5.1 Letter from R.E. Holmes- Lauder re: Garbage Clean -Up - Sea Street West 9-10 (Recommendation: Refer to City Manager) 5.2 Local 771 Saint John Fire Fighters' Association: Requests Negotiation of New 11 - 11 Collective Agreement (Recommendation: Refer to City Manager) 5.3 Request for Funding - Silver Falls Community Association - City Property PID 12-31 292441 (Recommendation: Refer to 2015 Budget) 5.4 Outflow Ministry 2015 Budget Support Letter (Recommendation: Refer to 2015 32-33 Budget) 6. Members Comments 7. Proclamation 7.1 Children's Wish Proclamation 34-34 1 Powered By: : 7CfllL7`y 1 7.2 Royal Canadian Legion Poppy and Remembrance Campaign Proclamation 35-35 8. Delegations / Presentations 8.1 Enterprise Saint John Presentation: True Growth 36-48 9. Public Hearings - 6:30 p.m. 10. Consideration of By -laws 10.1 Third Reading ByLaw with respect to Parking Zones and the Use of Parking 49-50 Meters and Pay and Display Machines 10.2 Public Presentation 2086 Ocean Westway 51 -54 11. Submissions by Council Members 11.1 Citizen Complaints about Contractors (Councillor Farren) 55-55 12. Business Matters - Municipal Officers 12.1 New Municipal Grants Program 56-102 12.2 City of Saint John and the Small Communities Fundy from the New Building 103-104 Canada Fund 12.3 Amendment to the Traffic By -Law On- Street Parking Regent Street, Creighton 105-109 Avenue and Champlain Drive (1st and 2nd Reading) 13. Committee Reports 13.1 Hot Spot Parking Inc. - Extension of Trial Period 110 - 111 13.2 Proposed Redesign of King Square North Bus Stop 112 - 114 13.2.1 A By -Law to Amend a By -Law With Respect to Parking Zones and the 115 - 116 Use of Parking Meters and Pay and Display Machines 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Outflow Ministry Council Presentation Application Letter 117 - 118 16. Supplemental Agenda 16.1 Economic Development Capital Funding Proposal Review 119-140 16.2 Financial Contribution Agreement - SCDWP 141 -178 16.3 Presentation from Fundy Regional Services Commission 179-179 1 17. Committee of the Whole 17.1 Recommended Appointments to Committees 180-180 17.2 Saint John City Market - Establishment Change and Recommendation for 181 -181 Permanent Employee 17.3 Submissions / Representations Made Subsequent to a Public Hearing 182-182 18. Adjournment 3 City of Saint John Common Council Meeting Monday, October 27, 2014 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 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. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Financial Matter 10.2(4)(c) 1.4 Land Matter 10.2(4)(d) 1.5 Land Matter 10.2(4)(d) 1.6 Financial Matter 10.2(4)(c) 1.7 Nominating Committee 10.2(4)(b)] 1.8 Financial Matter 10.2(4)(c) The City of Saint John Seance du conseil communal Le lundi 27 octobre 2014 18 h Salle du conseil Comite 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 6gard au cours de la seance publique : 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.9 Approbation du proces- verbal — alin&a 10.2(4)b) 1.10 Question relative a 1'emploi — alin6a 10.2(4)j) 1.11 Question financiere — alin6a 10.2(4)c) 1.12 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.13 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.14 Question financiere — alin&a 10.2(4)c) 1.15 Comit6 des candidatures — alin6a 10.2(4)b) 1.16 Question financiere — alin&a 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 14 octobre 2014 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Approbation du conseil 5.1 Lettre de R.E. Holmes- Lauder relative au nettoyage des d6chets dans la rue Sea Ouest (recommandation : transmettre au directeur g&neral) 5.2 Section locale 771 de 1'Association des pompiers de Saint John — Demande de n6gociation d'une nouvelle convention collective (recommendation : transmettre au directeur g6n6ral) 5.3 Demande de financement — Silver Falls Community Association Inc. — PropriW appartenant a la Ville, NID 292441 (recommandation : soumettre au processus budg6taire de 2015) 5.4 Lettre de soutien au budget de 2015 de Outflow Ministry (recommandation : renvoyer au budget de 2015) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Reves d'enfants — Proclamation 7.2 Proclamation de la Campagne du Coquelicot de la Ugion royale canadienne 8. Delegations et presentations 8.1 Pr6sentation de Entreprise Saint John : Croissance r6elle 9. Audiences publiques —18 h 30 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'ArrW concernant les zones de stationnement et l'utilisation des parcometres et des horodateurs 10.2 Pr6sentation publique relative au 2086, voie Ouest Ocean 11. Interventions des membres du conseil 11.1 Plaintes de citoyens a 1'6gard d'entrepreneurs (conseiller Farren) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Nouveau programme de subventions municipales 12.2 The City of Saint John et le Fonds des petites collectivit6s du Nouveau Fonds Chantiers Canada 12.3 Modification de 1'ArrW relatif a la circulation concernant le stationnement sur rue sur la rue Regent, 1'avenue Creighton et la promenade Champlain (premiere et deuxi6me lectures) 13. Rapports deposes par les comit6s 13.1 Hot Spot Parking Inc. — Prolongation de la p6riode d'essai 13.2 Projet de r6novation de 1'arret d'autobus de King Square 13.2.1 Arret& modifiant 1'Arr&6 concernant les zones de stationnement et Putilisation des parcom&tres et des horodateurs 14. Etude des sujets ecart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6nerale 15.1 Lettre de demande de Outflow Ministry visant a se pr6senter devant le conseil 16.Ordre du jour suppl6mentaire 16.1 Examen de la proposition de d6penses en capital consacr&es au d6veloppement 6conomique 16.2 Entente de contribution financi&e — Projet Eau potable saine et propre 16.3 Pr6sentation de la Commission de services r6gionaux de Fundy 17. Comite pl6nier 17.1 Recommandations de nominations pour si&ger aux comit6s 17.2 March6 municipal de Saint John — Modifications apport6es a Peffectif et recommandation portant sur les employ6s permanents 17.3 Observations /repr6sentations faites a la suite de Paudience publique 18. Levee de la seance 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — OCTOBER 14, 2014 - 6:00 P.M. Present: Deputy Mayor Rinehart Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge Regrets: Mayor Norton - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner Growth and Community Development K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. 1. Call To Order — Prayer Mayor Norton called the meeting to order and Pastor Clayton Misner of Life Community Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of September 29, 2014 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on September 29, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 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; and 16.3 VON Flu Vaccine. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The Deputy Mayor declared a conflict with item 16.1 Release of Option to Repurchase Lands formerly known as Wigmore and Philip Courts and PID No. 55160691. 5. Consent Agenda 5.1 Refer to Item 14.1 5.2 That as recommended by the City Manager in the submitted report M &C 2014- 172: Easements for Pole Anchors for Bell Aliant and Saint John Energy - McIntosh St - PID 00042614: 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. 5.3 Refer to Item 14.2 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 5.4 That Council approve the $250 Silver Sponsorship from unspecified grants for the Saint John Major Midget Vito's hockey team. 5.5 Refer to item 14.3 5.6 That the letter from G. Keating regarding truck traffic on Harding Street West be referred to the City Manager. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.1, 5.3, and 5.5 which have been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation The Deputy Mayor proclaimed Friday, October 17, 2014 International Day for the Eradication of Poverty in The City of Saint John. 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 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that a by -law entitled, "By -Law Number C.P. 110 -230, 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. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -230, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that a by -law entitled, "By -Law Number C.P. 110 -230, 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 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 C.P. 110 -230, A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 3 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 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) On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED 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. The question was not taken as a referral motion took precedence. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that the motion to amend Bylaw M -2 A Bylaw for the Storage Collection and Disposal of Solid Waste in The City of Saint John be referred to the City Manager. Question being taken, the referral motion was carried, with Councillors Reardon, McAlary and MacKenzie voting nay. 11.2 Supporting Literacy in our City of Saint John (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Strowbridge WHEREAS literacy is everyone's responsibility and as civic leaders we have a responsibility to promote literacy in our community; and WHEREAS literacy 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; and, • Create a living lab in Saint John to demonstrate best practices to achieve the 90% target. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Railway Safety in Saint John On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -174: Railway Safety in Saint John, 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 submitted report be received for information. Question being taken, the motion was carried. 13. Committee Reports 13.1 Shared Risk Pension Plan Board - Invitation to Council for Annual General Meeting On motion of Councillor McAlary Seconded by Councillor Strowbridge 11 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 RESOLVED that the invitation to the Annual Meeting from the Vice Chair of the Shared Risk Pension Board be received for information and that the Board be thanked for sending the invitation. Question being taken, the motion was carried with Councillor Farren voting nay. 13.2 Saint John Police Force 2014 Operating Budget - August Financial Results On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the Saint John Police Force 2014 Operating Budget - August Financial Results be received for information. Question being taken, the motion was carried with Councillor Fullerton voting nay. On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that the Chairman of the Police Commission be invited to present to Council as soon as possible with respect to the submitted report entitled Saint John Police Force 2014 Operating Budget - August Financial Results. Question being taken, the motion was carried with Councillors McAlary, Norton, and Farren voting nay. 14. Consideration of Issues Separated from Consent Agenda 14.1 Acquiring of Title to Fire Lane off Alma Street East On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -175: Acquiring of Title to Fire Lane off Alma Street East: 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 comer 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 comer 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. 5 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 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)." 2. That The City of Saint John transfer its title in the lands to Dobbelsteyn Care Home Ltd. Question being taken, the motion was carried. 14.2 Proposed Amendment to Parking Meter By -Law Sydney Street - Princess Street to King Square South On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the bylaw entitled, "A By -Law to Amend a By -Law with respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" amending Schedules A and B, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law to Amend a By -Law with respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines." On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that the bylaw entitled, "A By -Law to Amend a By -Law with respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" amending Schedules A and B, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law to Amend a By -Law with respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines." 14.3 Cherry Brook Zoo Inc. 2015 Budget Submission to the City of Saint John On motion of Councillor Strowbridge Seconded by Councillor MacKenzie RESOLVED that Cherry Brook Zoo Inc. be scheduled to present to Common Council. Question being taken, the motion was defeated with Councillors McAlary, Merrithew, Fullerton, Lowe, and Norton voting nay. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the 2015 Budget Submission from the Cherry Brook Zoo Inc. be referred to the City Manager for the 2015 budget process. Question being taken, the motion was carried. 15. General Correspondence 15.1 Fundy Regional Service Commission - 2015 Draft Budget and Presentation for Review On motion of Councillor McAlary Seconded by Councillor Farren X 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 RESOLVED that the 2015 Draft Budget and Presentation for Review from Fundy Regional Service Commission be received for information. Question being taken, the motion was carried. 16. Supplemental Agenda Deputy Mayor Rinehart withdrew from the meeting, Councillor McAlary assumed the chair. 16.1 Release of Option for City to Repurchase Lands Formerly Known as Wigmore and Philip Courts and PID No. 55160691 On motion of Councillor MacKenzie Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -177: Release of Option for City to Repurchase Lands Formerly Known as Wigmore and Philip Courts and PID No. 55160691, 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. Question being taken, the motion was carried. Deputy Mayor Rinehart re- entered the meeting and assumed the chair. 16.2 Clean Sweep Initiative On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2014 -178: Clean Sweep Initiative, 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 described 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. Question being taken, the motion was carried. 16.3 VON Influenza Vaccines to Employees On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report entitled Influenza Vaccines to Employees, 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. Question being taken, the motion was carried. 17. Committee of the Whole 18. Adjournment The Deputy Mayor declared the meeting adjourned at 7:30 p.m. Deputy Mayor / mairesse suppleante 7 99- COMMON COUNCIL /CONSEIL COMMUNAL OCTOBER 14, 2014/LE 14 OCTOBRE 2014 Common Clerk / greffier communal His Honour Mayor of Saint John And City Council Your Honour: Delivered by hand October /14 At the lower end of Sea Street in West Saint John there is beach and parking for visitors, etc. saw an auto there from Maine, USA lately. We call it Bay Shore. The area is gathering a high variety of clutter and pollution. Would it be possible for a work crew from City sanitation do a clean -up? The years are passing and the garbage is increasing all around there. Respectfully, R.E. Holmes- Lauder Typed by Common Clerk's Office. Original on file with Common Clerk's Office. Contact information on file with Common Clerk's Office. A ,A,414e lot Z Q&I-a t:F 31 10 Local %1, UFF P.O. Box Saint John, N.B. E2L 3X1 Saint John Fire Fighters' iaf771 @nbne1.nb.ca Association October 21, 2014 C/0 Common Clerk His Worship and Common Council, IAFF Local 771 requests negotiation of a new collective agreement as per article 27:01 of the current collective agreement. Please contact the Recording Secretary at your convenience to discuss meeting times. Larry Cook Recording Secretary IAFF Local 771 CC :Paul Stackhouse, Larry Cook, City Manager, Human Resources, Fire Chief 11 Silver Falls Community Association October 20, 2014 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council: Request for Funding - Phase II Goals for Silver Falls Community Association — City Property PID 292441 In 2014, the residents of this community formed an Association to work toward rehabilitating an abandoned ball field in our area. There is no recreational area within walking distance for the residents of our neighbourhood, despite approximately twenty apartment buildings and numerous individual homes and duplexes. The children are all bussed to schools. Close to us are the Irving Oil Refinery, car dealerships, a large shopping mall and plenty of restaurants and take -outs. Our development is in great need of a recreational area. Although a part of Ward 3, we are far removed from the South End. Phase I of our goals for the Silver Falls Park began in 2014 and is complete. With local partners, we have raised enough money to place new picnic tables, garbage bins and benches and we have planted an array of trees and bushes. There is a properly graded lane into the park and we are seeing more use by young parents and children in an area that is greatly in need of rehabilitation. Most of the work was done by volunteers from the community who are learning to achieve things together! The groundwork has been laid for sport, community recreation and play facilities, but it is essential to garner funds (or in -kind services) to finance further work. This work is consistent with the objectives and recommendations of PlaySJ. Phase II of our goals for 2015 includes the installation of a basketball court and an ice rink for winter recreation. It is with this portion of our improvement plan where we require additional funding (or in- kind) services. At this time, we have raised approximately $2500 toward the installation of the basketball court. Another $5,000 (or in -kind services) would ensure that the asphalt is laid and the nets installed. The City of Saint John Transportation and Environment Services and Leisure Services Division have been invaluable in helping us thus far, We are most appreciative. We are hopeful that you will be able to help us reach our goals for 2015, our priority being the basketball court. Attached is a presentation on what we have achieved thus far and what your support would accomplish. We look forward to hearing from you. L" �Y Colle m ing +� Co- Chair Dwayn Upshall 12 Co -Chat Silver Falls Community Association i vm�� M"Jeft: GOALS 2015 Helping to Improve our Community. .-1 - � - -- AGENDA About Us Objectives Our Generous Sponsors What we are doing Accomplishments What's next? Goals 201 Future Goals ABOUT US The Silver Falls Community Association (SFC ) is a non - profit association organized from community residents to improve our neighborhood community. Our Community is the Silver Falls Far ~' neighbourhood is the area of Saint John, New Brunswick bounded by Mark Drive and Martha Avenue to the east, Nason Road to the south, Michael Crescent to the west and north. JJLI it Our Mission The mission of the Association is to improve and pr-omate out- community and to empower residents of our Neighbourhood through community involvement. s 1 f� y OBJECTIVES To improve the green space generally brown as the hall field. To improve other areas of the community as needed. Involving local people in improving the area. To engage members of the community in issues .specific to the area. Promoting sport, community recreation and play facilities. To foster a safe* secure community, r, inclurd n, working with Neighbourhood hbour hood Watch. To raise funds and receive contributions where appropriate to finance the wort 0 tiai � HfJohn Girl Guides of Canada Colidem du Canada E N na LA ANouvem4 BrKinswicK C A N A D A S AUTO PRINC644 17 otiabank WHATAREWE DOING Phase I - 2014 To improve the green space generally known as the ball field. Clean the abandoned ball field area. Turn the locations into a functional c mmunit `green area' Provide basic green area amenities: Provide Benches for seating. Provide Trash Receptacles. Provide PetWaste Facilities. Provide Picric Tables. Provide si nage For informarion and sponsors. Provide gents for community participation. ACCOMPLISHMENTS PhaeI - 2014 s- Cleared the abandoned ball field area. Turned the locations into a functional community `green area' P'royided basic green area amenities: Provided 2 genche5 for seating. Provide 4 `I"i-ash Receptacles. Provide 2 PetWaste facilities. Provide 2 PicnicTables. Obtained large r=acks. trees and shrubs to beautify the area. Upgraded the roadway to the area. Provided events for community participation. Community Peet & Greet PB. Community Pica !`°lancet. Community Movie NighE and magician.. Hosted the Girl Guides of Canada for a major tree planting initiative, n= 20 •. r } a i ' u Ts -0, ji-t r j,;r z '•I WHAT'S NEXT Phase 2 Provide play and recreational amenities. Create a basketball court. Create a winter ice rink, utilizing the basketball court area. Create a children's playground area: Swings Slides Other Play Items Provide more amenities for the area: More Benches More Picnic Tables Lighting & Power Fix and paint the fencing. Provide even more events for community participation. OUR GOALS 2015 Phase 2 — 2015 Major Pi-oject c 12,500.00 estimated Basketball Court Asphalt Basketball ncE Line lit Ice lint Rink liner $9,500.00 5,000.00 $4 ;000.00 $5+0.00 $3000.00 $1,000.0+ Materials such as wood, braces, etc 1,500,00 Rink tools $500,00 42 Feet 23 3 Foot Perimeter 24 sR feet 74 Fast 48 Feet 42 Feet 25 * 3 Foot Parimeter OTHER GOALS 2015, Phase 2 — 2015 Minor Project Costs UJI# Sl LN Ml ' - . Community Events Area Fencing Repair, $6,400.00 estimated $2,200.00 $1,500.010 $2,700.00 FUTURE GOALS . . - 11 Project Gusts $16,500.00 estimated Children's playArea $13,000.00 Swings $5,000.00 Slides $4,000.00 Other Items $4.000.00 Material Storage Shed $3,500.00 Materials Labor $2,500.00 1,000.00 : OAOM Alp .. a HOW DO WE ACCOMPLISH OUR GOALS Fundraising. Municipal, Provincial and Federal Government Grants. Partnering with ,generous local' corporations. Corporations who want to own and fulfill one of our projects for the community. WHAT DO WE OFFER? Recognition of Support. Signing our major areas as provided bar.... That `feel) good' feeling of helping a neighbourhood community and its residents. Be part of our success. Partner with and support us incur efforts to make our community a better place to live arid' enjoy. Thank you for your time today to allow us to tell you about our association and what we are accomplishing. 31 9000JTFL0 11ESNU MEW. UN K LIE. 01,19 11011. To His Worship, Mayor Norton & Council, My name is Sean Bosse, Outflow Corporate Fundralsing Coordinator & a current member of their board. I am submitting this letter as an application for financial support consideration. It is our hope that after reviewing the information below, Outflow would be considered an organization with a value proposition worth financially supporting as a part of Councils 2015 budget. Outflow Is a registered charitable organization dedicated to the cause of the homeless, hungry, abused, those stuck in addiction or prostitution, the lonely and forgotten. For over 5 years, Outflow has been a front line ministry seeking to help and serve those families and/or individuals living on the margins of society in Saint John. We are a faith based organization; however, this same faith does not allow us to turn away anyone in need who does not share it. Our services range from the following: • Men's shelter services (as of 2014) Transition services u Serving over 800 meals a week G Assisting those in need with bill payments & grocery orders 4 Counseling support, etc. We are asking His Worship, Mayor Norton & Council to consider a financial contribution of between $10,000 - $20,000 as a part of the 2015 Council budget, directly impacting our ability to continue providing the assistance needed by those families or Individuals using our services. For more information or If you would like to contact or meet with us, please see below: 4P Outflow Executive Director — Jayme Hall Phone - 888 - 529 -6358 Email - Jayme@oufflowsi.com * Outflow Director of Homeless & Housing Services — Anthony Dickinson Phone - (506) 609 -2346 Email - Anth n 0outflows'.com Outflow Corporate Fundraising Coordinator— Sean Bosse Email - scbosse@nb.svmDatio.ca OUTFLOW MINISTRY P.O. BOX 7073 RPO BRUNSWICK SQUARE, SAINT JOHN, NO E21. 4S5 1.888.529.8358 OUTFLOWSJ.00M 32 OOOOJ'iFLOW RESTORE UNITY. KNEW LIFE. REALIZE HOPE. For more resource Info, please see the links below: O Saint John Human Resources Council - Development- Councll/211431275563702 2012 -13 Shelter Report Card - http: / /slhdc.catwa- content / uploads /2011 /O2 2Ol4-Homelessness- Report- Card.pdf ® Men's Shelter Fundraising initiative - www.Giveaniyht.om V Men's Shelter Campaign Promo - http- / /vimeo.comt95790955 Sinc rely, L ^' Sean Bosse Outflow Corporate Fundraising Coordinator OUTFLOW MINISTRY P.O. BOX 7073 RPO BRUNSWICK SQUARE, SAINT JOHN, NB E21. 4S5 1.808.529.635B OUTFLOWSJ.CONI 33 I PROCLAMATION WHEREAS: The Children's Wish Foundation is the only 100% Canadian Organization granting wishes to children living with life threatening and life limiting illnesses in our country; and WHEREAS: the Children's Wish Foundation has raised funds and granted wishes to over 21,000 children in the 30 years since it was founded in 1984 ; and WHEREAS: Each wish granted creates moments of joy that ease the pain of a child, give respite to the child's family and connect healthcare professionals and communities in the hope of a wish; and WHEREAS: With the ongoing support of donors, Children's Wish will never leave a wish unfulfilled; NOW THEREFORE: I, Mayor Met Norton, of Saint John do hereby proclaim the month of November, 2014 as hildren's Wish Month 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. 34 PROCLAMATION WHEREAS: Every year, from the last Friday in October to Remembrance Day, The Royal Canadian Legion conducts the Poppy and Remembrance Campaign; and WHEREAS: Canadians have donated money to support the services we provide and to clearly show their recognition of the debt owed to so many Canadians who gave their lives for our freedom; and WHEREAS: Remembrance is the cornerstone of The Royal Canadian Legion's work in Canada. The Poppy Campaign is a major source of funds used to assist veterans, ex- service people and their dependents; and WHEREAS: The mandate of the Legion is perpetuating the memory and the deeds of the fallen. The Legion strives for peace, goodwill and friendship among all nations; and WHEREAS: Remembrance Day shall remain and be reverently observed on the 11 th hour of the 11 th day of the 11 th month of each year by us and our successors, NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim October 31, 2014 to November 11, 2014 as Royal Canadian Legion Poppy and Remembrance Campaign 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. 35 994 TRUE GROWTH True Growth 2.0 Launched in May 2013, True Growth 2.0 is an intentional network of private and public stakeholders working together to identify and mobilize economic development projects. These projects have the potential to move our community forward in amazing ways but require the collaboration of many to accomplish. Municipalities across Canada are taking notice. AV TRUE GROWTH Our Mandate Enterprise Saint John serves as the backbone organization for the True Growth model: • We coordinate Network Partner efforts • We play a leadership role in integrated community communications • We help develop the True Growth model AV TRUE GROWTH The "New" Enterprise Saint John Regional Oversight Committee (ROC) 5 Mayors + Corporate Funders ( y p ) ' ' - - ue Growth :d: sory Council - - � s needed) Enterprise Saint John Board of Directors , - (11 Directors, appointed by ROC) Enterprise Saint John CEO True Growth (Network Partners (18 Partners) Enterprise Saint John Staff a AV) at TRUE GROWTH True Growth Network Partners (Municipalities Grand Bay - Westfield Quispamsis Rothesay Saint John St. Martins Private Sector Associations Atlantica Centre for Energy Health + Life Science NB The Chamber Uptown Saint John Economic Development Agencies Discover Saint John Enterprise Saint John Saint John Community Loan Fund Saint John Development Corp Saint John Industrial Parks Mandate 1. Shared True Growth Projects • Oversight of shared project portfolio • Commitment of project resources, human & financial z. Shared True Growth Communications Program • Oversight of shared program • Commitment of program funding el Government Agencies ACOA Economic Development NB lnvestN B Authorities & Commissions Port Saint John Saint John Airport Saint John Energy Regional Services Commission P %4 at TRUE GROWTH Network Partners 'FRUE GROWTH • Meet for %2 day sessions on a quarterly basis • Evaluate and prioritize the True Growth projects • Contribute resources to True Growth projects as part of internal annual planning (budget, human resources etc.) • Remain flexible to accommodate new opportunities • Share ownership and accountability for project results • Participate in integrated community communications Economic Objectives True Growth projects align with six key objectives: Strengthen our strategic assets Increase investment attraction Strengthen our workforce Increase exports Reduce barriers to growth Increase innovation, research and related entrepreneurship AV TRUE GROWTH Measures of Success Job creation (2014 target = 500) Increased business confidence (2014 target = top 50 on CFIB survey) Increased consumer confidence (2014 target = 100 %) a AV) at TRUE GROWTH Growth in innovation, research and related entrepreneurship (2014 baseline) Progress, One Year In AV TRUE GROWTH Jobs— average increase of 1700 jobs (year -to -date average compared to average number of jobs created in 2013 - StatsCa n ) Business confidence— CFIB ranking 103/122, 0.6% increase over 2013; the only New Brunswick city to improve this year; best gains on public policy (7pts) — 2014 Board of Trade survey: 78% feel their business will improve, 96% expect to maintain or increase staff Consumer confidence —up from 93.7% to 98% (Corporate Research Associates) Innovation, research and related entrepreneurship- $15 million raised by DAL Medicine NB; True Growth Innovation Fund supporting 4 high impact ideas Video http: / /vimeo.com /99532570 Further progress AV 'TRUE GROWTH • Alberta Supply Chain Initiative: 7 companies reporting up to 25% of sales coming from the West • Energy East Partners' Forum: TransCanada considers this a best practice for Canada • J.D. Irving, Limited investing $450m at Irving Pulp and Paper • Saint John Airport saw 9% increase in passenger numbers ('13 over'12) • Port saw a 59% increase in container traffic ('13 over '12) • 100 new FTEs added to Enterprise Saint John small business clients in 2014 Project Highlights SAINTJ©HN is open for business. perfect host. Take the lead Campaign AV TRUE GROWTH • Partnership between Enterprise Saint John and Discover Saint John • Successful R01 • 11 leads for investment attraction (one has secured 5 jobs and office space) • 12 leads for events and conventions (one new conference secured to date) • Shift in thinking Preparing for Year Two • Areas of focus for True Growth include urban development and business - friendly government as important components of economic growth • November 3: Meeting with Strategic Partner Investors (private sector) to review 2015 work plan and gather feedback • November 12: Joint meeting of Councils to review and provide input on 2015 work plan and priorities for Enterprise Saint John • November 20: Network Partner meeting to evaluate 2015 True Growth Project proposals AV TRUE GROWTH Strategic Partner Investors Bell Aliant Emera Irving Oil Limited J.D. Irving, Limited Saint John Energy Canaport LNG Commercial Properties Fortis Properties In -kind Contributors Acadia Broadcasting Brunswick News City of Saint John Acre Architects Innovatia Lorneville Mechanical Saint John Construction Association Saint John Mechanical Contractors Association CAA Atlantic Cox & Palmer East Point Inc. Fundy Engineering Revolution Strategy T4G P % /4��at TRUE GROWTH MSO Saint John NY Thermal Owens MacFadyen Group Stewart McKelvey Tabufile Moosehead Sancton Port Saint John 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 15"' 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 wnendcd by adding to it the following: STREET LIMITS SIDE Sydney Street Princess Street to West King Square South .. ARRETE N° M -7 ARRETE MODIFIANT L'ARRETE CONCERNANT LES ZONES DE STATIONNEMENT ET L'UTILISATION DES PARCOMETRES ET DES HORODATEURS Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit. Pars les presentes, Parrete de The City of Saint John intitule << Arret6 concernant les zones de stationnement et l'utilisation des parcometres et des horodateurs » decretd le 15 mars 2004, est modifie comme suit: I L'annexe « A >> est modifie par la suppression de ce qui suit: RUE LIMITES COTE Rue Sydney de ]a rue Princess ouest A la place King Sud 2 L'annexe «B» est modifie par I'addition de ce qui suit: RUE LIMITES COTE Rue Sydney de la rue Princess ouest A la place King Sud 2 IN WITNESS WHEREOF the City of Saint John has caused the Corporate Common Sea] 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 a fait apposer son sceau communal sur le present arrete le — octobre 2014, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - October 14, 2014 Premiere lecture – le 14 octobre 2014 Second Reading – October 14, 2014 Deuxieme lecture – le 14 octobre 2014 Third Reading - Troisieme lecture- 50 p ". BY -LAW NUMBER C.P. 106-_ A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as being a portion of PID No. 00287474, from Urban Reserve to Stable Area classification; 2 Amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as being PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial classification - all as shown on the plans 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: am ARRETE N° C.P. RE 106-_ ARTE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a edicte ce qui suit: L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modif.6 par: 1 la modification de Pannexe A — Structure de la municipalite, afm de faire passer la designation d'une parcelle de terrain dune superficie d'environ 1,4 hectares, situee au 2086, avenue voie ouest Ocean, et etant aussi une partie du NID 00287474, de reserve urbaine a secteur stable ; 2 la modification de Pannexe B — Utilisation future des sols, afin de faire passer la designation dune parcelle de terrain d'unc superficie d'environ 3 hectares, situee au 2086, avenue voic ouest Ocean, et portant les NID 55222061, 55222079, et etant aussi une partie du NID 00287474, de secteur residentielle stable et reserve urbaine a secteur commercial stable ; - toutes les modifications sont indiquees sur les plans ci joints 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 - Premiere lecture Second Reading Deuxieme lecture Third Reading - Troisieme lecture 51 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.50 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2086 OCEAN WESTWAY Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as a portion of PID No. 00287474, from Ibban Resew to Stable Area, as illustrated below, 2. Redesignate, on Schedule B of the Plan, a parcel of land with an area of approximately 3 hectares, located at 2086 Ocean Westway, also identified as PID Nos. 5522206T, 55222074 and a portion of PID No. OD287474, from Stable Residential and Urban Reserve to Stable Commercial, as illustrated below; .', public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, October 27, 2014 in the Council Chamber, Lobby Level, City Hal. REASON FOR CHANGE: To recognize an existing commercial development and to permit future development of the parcel of land for other commercial uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 26, 2014. Enquiries may be made at the offic. of the Common Clerk or Growth and Communit•- Development Services, City Hall, 15 Market Square, Saint John, N.B. bet%jeen the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the Office of the Common Clerk. Jonathan Taylor, Common Clerk 6582862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 20116, VOit OUEST OCEAN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a I'intentton d1tudier la Modification du plan d'am6nagement municipal comme suit: 1. Modifier la ddsignation, A 1'annexe A du plan, d'une parcelle de terrain dune superficie d'environ 1,4 hectares, situ6e au 2086, voie ouest Ocean, et 6tant une partie du NID 00287474, afin de la faire passer de rEserve urbaine a seccerrr stable, comme it est indiqu6 cidessous. 2. Modifier la d €signation, A 1'annexe 8 du plan, d'une parcelle de terrain d'une superficie d'environ 3 hectares, situ6e au 2086, voie ouest Ocean, et portant les NID 55222061, 55222079 et €tans aussi une partie du NID 00287474, afin de la faire passer de secteur residential stabfa et reserve urbeine A sedeur commercial stable, comme it est indique cidessous Une presentation publique du projet de modfficatlon aura lieu lDrs de la r6union ordinaire du conseil communal le lundi 27 octobre 2014 clans la salle du conseil, au niveau du hall d'entr6e, A I'h6tel de ville. ==Age `. / f RAISON DE LA MODIFICATION: Pour reconnaitre un am6nagement commercial existent et de permettre I'am6nagement futur de to parcelle de terrain pour d'autres utilisation comme dalM. Veuillez. faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 26 novembre 2014 5 I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec ie bureau du greffier communal ou le bureau de service de la croissance et du d6veloppement communautaire A I'hBtel de villa au 15, Market Square, Saint john, N.B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les joursfAriks. 51 vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuille2 contacter ie bureau du greffier communal. Jonathan Taylor, greffier communal 6582862 Ad Number: A182915 Ad ID: 6992931 Ad Legacy: 7387460 Current Date: Oct 09 2014 04:24PM Start Date: 10/14/2014 End Date: 10/14/2014 Color: B/W Client Approval OK ❑ 52 Corrections p PROPOSED MUNICIPAL PLAN AMENDMENT RE: 2086 OCEAN WESTWAY Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: I . Redesignate, on Schedule A of the Plan, a parcel of land with an area of approximately 1.4 hectares, located at 2086 Ocean Westway, also identified as a portion of PID No. 00287474, from Urban Reserve to Stable Area, as illustrated below; 2. Redesignate, on Schedule B of the Plan, a parcel of land with an area of approximately 3 hectares, Iocated at 2086 Ocean Westway, also identified as PID Nos. 55222061, 55222079 and a portion of PID No. 00287474, from Stable Residential and Urban Reserve to Stable Commercial, as illustrated below; [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, October 27, 2014 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To recognize an existing commercial development and to permit future development of the parcel of land for other commercial uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 26, 2014. Enquiries may be made at the office of the Common Clerk or Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DO PLAN MUNICIPAL OBJET: 2086, VOTE OUEST OCEAN Par les pr6sentes, un avis public est donne par sequel le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: L Modifier la designation, a I'annexe A du plan, d'une parcelle de terrain d'une superficie d'environ 1,4 hectares, situ6e au 2086, voie ouest Ocean, et dtant une partie du NID 00287474, afin de ]a faire passer de reserve urbaine a secteur stable, comme it est indiqu6 ci- dessous. 2. Modifier la designation, a I'annexe B du plan, d'une parcelIe de terrain d'une superficie d'environ 3 hectares, situ6e au 2086, voie ouest Ocean, et portant les NID 55222061, 55222079 et dtant aussi une partie du NID 00287474, afin de Ia faire passer de secteur risidentiel stable et reserve urbaine a secteur commercial stable, comme it est indique ci- dessous [INSERER LA CARTE] Une pr6sentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 27 octobre 2014 dans la salle du conseil, au niveau du hall d'entr6e, a 17i6tel de ville. RAISON DE LA MODIFICATION: Pour reconnaitre un am6nagement commercial existant et de permettre 1'am6nagement futur de ]a parcelle de terrain pour d'autres utilisations commerciales. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 26 novembre 2014 a 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du d6veloppement communautaire a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les Sours fdri6s. Si vous avez besoin des services en franrais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 53 54 l mil+. October 21, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Citizen Complaints about Contractors Background In a number of cases I have had complaints throughout our City that different jobs that the City has contracted out have led to residents in the area having problems when the work is being done. ie; large amounts of dust on their homes, problems with their basements leaking, etc. When they talk to the contractor about their concerns they are told to take their concerns to the City and when they talk to the City they are told it is the contractor's responsibility and to talk to them. These residents pay their taxes to the City and need the City to at least help them out when they have problems with a company that the City hired to do the work. I do not believe one of us would hire a contractor and pay him if work was not done satisfactory with the total job performed for us, so why should we treat these residents any different? Motion: That the City Manager put in place a way for residents to help find a solution to their problems when a contractor hired by the City has affected or damaged their property in some manner. This could be handled by either arranging a meeting with the resident and contractor to find a solution to the issue; by addressing the contractor directly over the issue; by have the City's legal dept. helping in some manner or by whatever the City Manager can come up with to help these residents find a solution to their issue with said contractor. Respectfully Submitted, (Received via email) Bill Farren Councillor —Ward 1 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 55 (2-,( PREAPORT TO COTNAMON COUNCIL October 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: NEW MUNICIPAL GRANTS PROGRAM Z City of Saint John BACKGROUND On March 37720-14, Common Council adopted the terms of the Sustainable Service Review, including the following: "With the exception of the grants and contributions approved in the City of Saint John's 2014 operating budget, there will be no new annual grants approved by the City of Saint John until such time as common Council approves a new external Grant Policy that recognizes Council's Priorities and the City's current and future fiscal capacity. " Since this time, a team of 15 City Staff and various contributors, including other municipalities as well as past City of Saint John grant recipients, have worked to redesign the City's grant distribution process. ANALYSIS In order to respond to Council's March P, 2014 resolution, there was first a need to investigate all the types of community funding that the City of Saint John distributes. Through the examination of the City's past community funding (see Attachment A), Staff were able to identify three broad categories of community funding: 1. Annual grants; 2. Operational allocations; 3. Service agreements, legislated responsibilities, contracts and commitments. The third category of community funding are all obligations, with varying degrees of funding envelops and timeframes. The second category incorporates the funding envelops that are discretionary in nature, and tend to support specific facets of the City's operations. This category of funding does not traditionally require annual applications from the community, as funding tends to be distributed according to operational need. The annual grants category of community funding on the other hand, tends to be characterized by annual funding applications and distribution. While there are certainly areas of improvement within the second and third categories of community funding in order to further recognize "Council's Priorities and the 56 -2- City's current and future fiscal capacity," this report will focus on improvements to the first category — annual grants. It is the category of annual grants that is most amendable to "Council's priorities" and "fiscal capacity," as the nature of the funding distribution requires an annual evaluation of desired outcome originating from the Saint John community. New Municipal Grants Program In redesigning the City's grant distribution process, Staff discovered that the traditional process of receiving, evaluating, distributing and reporting on municipal grants differed considerably from one grant envelop to another. In addition, it was discovered that it was difficult to prevent duplication between grant submissions from community applications. Staff were fortunate to receive extremely valuable feedback from past recipients of the City's grant distribution process during a feedback session in May 2014, as well as `best practices' from the municipal grants programs of other municipalities, including: • City of Moncton; • City of Fredericton; Halifax Regional Municipality; • City of Cornwall; • City of Victoria. Based on the feedback received during Staff's investigation, it was determined that a new City of Saint John grant program should have the following characteristics: a Periodic and clear application timelines; Online application through website; • Reporting requirements; • Common Council to receive annual summary; • Clear guidelines; • Grant allocations are subject to change; • Evaluating `in -kind' support; • Common Council can identify more targeted objectives. The City's new Municipal Grants Program will maintain the existing processes for the Saint John Community Arts Funding Program as well as the Heritage Conservation Grant. After examining the guidelines and governance of these two grants, it was determined that they upheld a strong level of rigour, and as such, did not require re- examination at this time. The new Program will also include three new grant categories identified under the umbrella of Community Grants - Special Event, Community Project and Organizational Support, which will replace four existing grant programs: Neighborhood Development Stimulation, Recreation Association Facility Assistance, Arts, Culture and Sport, and finally, Community Development. The new Program will be defined by the following descriptions: 57 �- -3 5upoa"t iOdwdsaf1&wetf16" SC!.0 =Ti C8.6pom smIII;or'ecre !10m,, s gnf,camercthe c--rnrnuti.M; Seed fund.- I'g'or the sian -up- a prge;t„ a'unds jop aSE�+n_te�.m urdwlakM ng W th a 5s*t•VG and -DnP et on �W-e :, PrB+Aff 4und. ng ?c ass= W rM the genera i ad.n jn shat we expenses a the grew Encourageproperty, a.,nerstc meet thesp:riand irYem d the5srq1ohn Me Wgff Cc- r -nervarcri. 4--ss By -Law P,c ddea prcject siippert icr asgar.a3m scr F-poupswishingto offer qLP-r;tr artsm -MvIiesinSOVdWip€ ineot the treativeartsixVintheCly FINANCIAL CONSIDERATIONS Based on 2014 budget allocation, the Saint John Community Arts Funding Program received $35,000 /annually, and the the Heritage Conservation Grant received $90,000 /annually. Based on 2014 budget allocation, Staff have identified a total of $443,508 that would fall under the umbrella of Special Event, Community Project and Organizational Support grants. The funding envelop of $443,508 was determined by filtering through the City's 2014 grant distribution and identifying those recipients that would fall into the three new grants (Special Event, Community Project, and Organizational Support) (see Attachment B). ATTACHED DOCUMENTATION In order to appreciate the scope of the new Community Grants (i.e. Special Event, Community Project, and Organizational Support grants), City Staff have assembled a Community Grants Policy (see Attachment C), which includes the following information: • Special Event Grant Guidelines; • Community Project Grant Guidelines; • Organizational Support Grant Guidelines; • Funding Agreement Template; • Information on Community Grants Evaluation Committee. The decision of Common Council to adopt the recommendations below will initiate some immediate next steps, including the need to communicate the new Municipal Grants Program to the Saint John community, develop an online presence as well as the translation of documents. -4- RECOMMENDATIONS Staff recommends that Common Council: 1. Direct the City Manager to include --, funding envelop for consideration in the 2015 Operating Budget in order to accommodate for the new Municipal Grants Program; 2. Approve and direct the City Manager to implement the terms of the new Community Grants Policy; 3. Approve the creation of Community Grants Evaluation Committee; 4. Direct the Common Clerk to post two vacancies for the Community Grants Evaluation Committee; 5. Direct the Nominating Committee to report back to Common Council with recommended appointments to the Community Grants Evaluation Committee by December 2014. Respectfully submitted, Kevin Watson Manager of Recreation Programming/ Neighbourhood Improvement Service Phil Ouellette, MA Executive Director J. atrick Woods, CGA City Manager 59 Attachment A — City of Saint John Funding Support Economic Develo t pmen 2013 Budget Destination Marketing Organization (DMOY" 845,000 Enterprise Saint John* Harbour Station* Saint John Trade and Convention Centre Saint John Industrial Parks* Waterfront Development Corporation* Saint John Development Corporation* Market Square - Common Area (Hardman Group) Community Development Grants Pavilion Cup Cherry Brook Zoo .1 475,000 384,390 536,576 300,000 120,000 160,000 2,273,352 2013 Budget 2,500 60,035 2014 Budget 925,000 475,000 451,618 534,367 300,000 125,000 175,000 2,306,226 2014 Budget 2,500 60,000 Saint John Regional Library 456,230 458,130 Seniors Citizen Centre (includes rent) 41,000 41,000 Human Development Council (includes rent) 51,000 51,000 PRUDE (rent) 52,000 52,000 Seafarer's Mission 1,000 1,000 Senior Resource Centre 3,000 3,000 Ability Advisory Committee 1,523 1,523 Neighbourhood Development Stimulation 2013 Budget 2014 Budget 152,000 152,250 Waterloo Village Association & East Side Neighbourhood 181500 22,000 Vibrant Communities `Around the Block Newspaper' - Vibrant Communities 22,500 24,000 One Change Inc. 22,000 23,250 PULSE (People United Lower South End) 22,500 22,000 61 Crescent Valley Resource Centre 25,000 25,000 Teen Resource Centre (TRC) 23,000 24,000 Westside PACT 18,500 12,000 Community Development Fund 50,000 PlayS] Initiatives 40,000 Recreation Association Facility Assistance 2013 Budget 2014 Budget 30,450 30,450 Latimore Lake Community Centre 4,700 4,700 Lorneville Community Centre 3,830 3,900 KBM Association 4,900 4,730 Martinon Community Centre 4,600 4,600 Milford Community Centre 4,800 4,800 Denis Morris Community Centre 4,500 4,600 HOPE Centre 3,120 3,120 W Loch Lomond Community Centre (St. ]oseph's) 45,000 Arts, Culture and Sport Funding 2013 Budget 2014 Budget Imperial Theatre 337,039 339,322 Saint John Arts Centre 74,822 85,171 Arts and Culture Board 35,000 35,000 Public Arts Maintenance and Repair 15,000 10,000 Fundy Fringe Festival 5,000 5,000 Jazz and Blues Festival - Salty ]am 20,000 20,000 Saint John Theatre Arts 10,000 10,000 Festival de la Bale Frangaise 4,000 4,000 New Year/ Canada Day Celebrations 15,000 15,000 Remembrance Day Ceremonies 2,000 2,000 NB Historical Society - Loyalist House 10,000 10,000 63 National Basketball League - All Star Unspecified Grants 50+ Friendship Games New Brunswick Youth Orchestra African Caribbean Society Junior Achievement NB Sponsor Soccer Adult Skating Heritage Conservation Grants 127 King Street East 159 -161 Orange Street 114 -116 Wentworth Street 66 Sydney Street 81 Princess Street 191 Princess Street 89 -91 Princess Street •l 5,000 1,000 300 300 5,000 750 100 2013 Budget 1,600 4,320 5,000 5,000 524 5,000 5,000 5,000 2014 Budget 23,000 2014 Budget 89 -91 Princess Street 5,000 182 Germain Street 250 47 -51 Canterbury Street 1,050 156 Sydney Street 982 265 -271 Charlotte Street 2,825 24 Queen Street 600 266 Lancaster Avenue 4,740 153 Canterbury Street 1,625 147 Germain Street 3,250 24 Sydney Street 3,750 87 -91 Germain Street 5,000 65 Service Agreements Service aareement are not grants, rather contracts appror ed by Common Council !ith an e--ternal =ere•ice prodder to deliver an agreed upon level of ser ice to the community on behalf of the Cit SPCA (Animal Control) YMCA (Programming at the Forest Glen Community Centre and Miflidge-ifle Community Centre) Boys & Girls Club (Programming at the South End Community Centre) ONE Change (Programming at the Nick Nicolle Community Centre) Lifeguards Police Services 2013 Budget Saint John Board of Police Commissioners* 22,777,842 Public Safety Communications Centre ** 2,491,853 M. 82,743 82,743 166,703 169,097 124,236 126,100 30,000 158,194 1.47,420 1-17,720 2014 Budget 23,743,517 2,493,179 Parks and City Landscape Service Related 2013 Budget 2014 Budget Mispec Park 45,000 30,000 Saint John Horticultural Association 40,000 40,000 Sports and Recreation Facilities Service Related 2013 Budget 2014 Budget Subsidy - Arena Sports 165,000 169,000 Subsidy - Aquatic Clubs 15,822 15,822 Lord Beaverbrook Rinks 154,000 159,000 Aquatic Centre* 194,617 322,070 Parking Service 2013 Budget 2014 Budget Saint John Parking Commission 560,379 560,379 Transit Service 2013 Budget 2014 Budget Saint John Transit 6,867,991 5,886,723 67 2013 Budget 2014 Budget Regional Services Commission 42,054 53,226 * Denotes City agency, board or commission (ABC) * Service managed through Police •: Attachment B — 2014 Grant Recipients and Community Grants Recipients 2014 Distribution Totals 443,508 •• Total Community Grants Allocation Pavilion Cup 2,500 Cherry Brook Zoo 60,000 Senior Citizen Centre (Market) 41,000 Human Development Council 51,000 PRUDE 52,000 Seafarer's Mission 1,000 Senior Resource Centre 3,000 Ability Advisory Committee 1,523 Waterloo Village (NDSG) 22,000 Around the Block Newspaper (VC) (NDSG) 24,000 One Change inc (NDSG) 23,250 PULSE (NDSG) 22,000 Crescent Valley Resource Centre (NDSG) 25,000 Teen Resource Centre (NDSG) 24,000 Westside PACT (NDSG) 12,000 Latimore Lake Community Centre 4,700 Lorneville Community Centre 3,900 KBM Association 4,730 Martinon Community Centre 4,600 Milford Community Centre 4,800 Denis Morris Community Centre 4,600 HOPE Centre 3,120 Fundy Fringe Festival 5,000 Jazz and Blues Festival - Salty Jam 20,000 Saint John Theater Arts 10,000 Festivale de is Baie 4,000 NB Historical Society 10,000 Totals 443,508 •• Attachment C — Community Grants Policy City of Saint John October 2014 70 nity Grants 16 16, The City of Saint John's Community Grants Program supports three types of grants: 1) Community Grants a. Organizational Support Grant b. Community Project Grant c. Special Event Grant Information on all three grant programs is provided within this document, All grants are managed and administered under the Growth & Community Development Service of the City of Saint John. Acknowledgements The City of Saint John wishes to acknowledge the Halifax Regional Municipal, Cities of Moncton, Fredericton, Victoria and Cornwall for providing referencing materials and information on their respective grant programs 71 1) Grant Overview 2) Organizational Support Grant Guidelines 3) Community Project Grant Guidelines 4) Special Event Grant Guidelines 5) Funding Agreement 6) Community Grants Evaluation Committee a. Overview of Community Grants Evaluation Committee b. Committee Skills Matrix 72 The information in this document focuses on the annual City of Saint John Community Grants Program, which is a component of the broader City of Saint John Municipal Grants Program. The document is divided into sections that describe the Community Grants - Special Event, Community Project and Organizational Support and application process for each. Only incorporated not- for -profit organizations or networks are eligible. Applicants must apply annually between the dates of December 1"' to January 15t" for funding and in- kind support for the coming fiscal year (January 1St to December 31St). The Special Event Grant has a second application period between June 1St and July 6 th The Special Event, Community Project and Organizational Support grants will all be evaluated at the same time by the Community Grants Evaluation Committee which will include representation from City of Saint John Staff, the Saint John community and Common Council Funding distribution is contingent on the receipt of a signed Funding Agreement from successful applicants. Operating funding to assist with the general administrative expenses of the group Seed funding; for the start -up of a project, or funds for a short.-term undertaking with a start -up and completion date Support towards an event that is of cultural, sport, social or recreational significance to the community 73 Purpose The Organizational Support Grant is designed to provide operational funding to assist with the general administrative expenditures of an incorporated not - for - profit organization or network. Objectives • Support the City of Saint John in its ongoing pursuit to be a community of choice and promote economic health to residents and visitors. • Enhance the ability of organizations that deliver important social, wellness and quality of life support to the residents of the City of Saint John. • Encourage innovation, sustainability and cooperation through the various organizations within the City of Saint John. • Uphold and advance the terms of Council Priorities, Plan Si and /or Play Si. Funding and Eligibility • The total distribution of all grants can change year -to -year • The allocation of each particular grant within Community Grants can change year -to -year. Grant allocations are subject to change due to demand, Council Priorities, and /or municipal spending control • The City of Saint John Community Grants considers both monetary funding and in -kind support during the evaluation process • In -land support for the Organizational Support grant could include the following: office space, in -house support service from the City of Saint John (human resources, information technology, engineering, finance and administrative services, strategic planning), storage, parking, etc. • Each applicant for an Organizational Support Grant is eligible up to a maximum of $60,000 /annually (without taking into account 'in-kind' support). • While applicants may submit a hand written application (using a printed copy of the online application form), it is strongly encouraged to use the online application tool to submit an application. • Applicants are eligible to apply and receive a maximum of one grant annually from each of the following grants: Special Event, Community Project and Organizational Support (totalling a maximum of three grants annually). 4 Eligible funding activities under Organizational Support include: rent, utilities, human resources, office supplies, essential travel, fundraising activities and information technology upgrades. • The City's Community Grants Evaluation Committee and /or Common Council reserves the right to identify more targeted objectives deriving from Council Priorities to further focus the desired outcomes of Community Grants. 74 • Special consideration will be placed on applications that seek to develop programming within the City of Saint John's five priority neighborhoods. • Only incorporated not -for- profit organizations /networks will be considered for grant funding. The following are ineligible for the City's Organizational Support Grant: • individuals or corporations seeking funding. • Lobbying of federal, provincial and municipal governments. • Activities or initiatives outside of the City of Saint John. • Expenditures that occurred prior to the application. • Funding of deficits or debts. • Free or discounted tickets to an event. • Fellowships, scholarships or bursaries. All applicants will be required to demonstrate the foljirg, among others; through the online application form: • Names of members of the organization's I of Directors, employees and /or volunteer network. t° Detailed annual budget, including line item expeifdr as well as all sources of revenue. Minutes from organization's last Board of Directors meet g. • Financial statements, business model and /Or :year -end re IpW. • Organization's strategic or development plan. • Description of service Odhr function the organization Plays w h'in the Saint John community. • Highlight the ,rya °bership /itlrence of ti a nr�aniiation as well as the number of City of Saint John residents iNPWed by the, �Qrganizatialn`s programming. • Applicants will be aMloed to pro*de feedback On the long -term sustainability of the organization and the applicant's plan:t f ch fmant -4W, self- sufficiency. • :Specific and detatled outcolr�ds..to be achieved associated with requested funding/in -kind support from the Citv of Saint Jphn, If the project is a component of a uki-year initiative, applicants will be asked to report on the multi -year plan. Unless otherwise stated by the Community Grants Evaluation Committee, submissions' will be considered on a year -to -year basis, without a guarantee of multi -year municipal funding for an organization's multi -year project. Evaluation Process Applicants must apply annually between the dates of December 1st to January 15th for funding and in -kind support for the coming fiscal year (January 1St to December 31 "'). The Special Event, Community Project and Organizational Support grants will all be evaluated at the same time by the Community Grants Evaluation Committee. Funding distribution is contingent on the receipt of a signed Funding Agreement from successful applicants. 75 • The composition of the Community Grants Evaluation Committee will include three representatives from City of Saint John Staff, two community members -at -large and two Council Members. The Community Grants Evaluation Committee will assess applications according to a pre- established evaluation matrix, which will score the application on a variety of variables, including, but not limited to: o Innovation. o Likelihood of accomplishing stated outcomes. o Link to Council Priorities. o Long -term benefits /impacts. o Level of community /neighborhood support. o Ability to generate cooperation between ci41 other organizations. o Ability to acquire other sources of funding ind support. o Sustainability of business plan or development plan. Monitoring and Reporting Requirements • Grant recipients must submit a brief mid -term progress report and a final rent, ithin 45 days of completion, outlining the outcorg0k,' hat have been achieve'd,(report template wi be provided to successful applicants). 4. • Common Council will receive an annuaW, surhtnofy.of the previous year's grant allocation, its impact on the community and link to Council Pi4trities. • Funding to applicants must be spent withiLf ,the ident,44-e- -fis.caI year and must be spent on the identified expenditures identified.within theppTove appJra;an. • Recipients that are unable to fulfill.stated outs r es, timelines and /or those who do not submit a final report will jeopardise their fut re eligibility Wthe City of Saint John's Municipal Grants Progr� • Re nts that are foiqid to use false infornra -boo n in either the application or the final report will jeoj&av'O.ize their future eVbility to the City of Saint John's Municipal Grants Program. • The Community Grants EvalUation Committee reserves the right to withhold or sequence the release of funds. Publicity Grant recipients of the Opal Support Grant give the City of Saint John permission to use photos, articles, quotes, etc, of their organization for promotional purposes and /or related publications. 76 Purpose The Community Project Grant is designed to distribute seed funding for the start -up of projects, and /or funds for a short-term undertaking with a clear start and completion date. Only incorporated not -for- profit organizations or networks are eligible. Objectives Support the City of Saint John in its ongoing pursuit to be a community of choice for residents and visitors. • Enhance the ability of organizations that deliver important sc,cial, wellness and quality of life support to the residents of the City of Saint John • Encourage innovation, sustainability and cooperation in the delivery of Community Projects in the City of Saint John. • Uphold and advance the terms of Council Priorities, Plan SJ and /or Play SJ. Funding and Eligibility The total distribution of all grants can change year -to -year • The allocation of each particular grant within Community Grants can change year -to -year. • Grant allocations are subject to change due to demand, Council Priorities, and /or municipal spending control • The City of Saint John Community Grants considers both monetary funding and in -kind support during the evaluation process • In -kind support for the Community Project Grant could include the following: in -house support service from the City of Saint John (human resources, information technology, engineering, finance and administrative services, strategic planning), storage, parking, etc. Each applicant for Community Project Grant may be eligible up to a maximum of $40,000 /annually (without taking into account 'in-kind' support). • While applicants may submit a hand written application (using a printed copy of the online application form), it is strongly encouraged to use the online application tool to submit an application. • Applicants are eligible to apply and receive a maximum of one grant annually from each of the following grants: Special Event, Community Project and Organizational Support (totalling a maximum of three grants annually). • The City's Community Grants Evaluation Committee and /or Common Council reserves the right to identify more targeted objectives deriving from Council Priorities to further focus the desired outcomes of Community Grants. • Special consideration will be placed on applications that seek to develop programming within the City of Saint John's five priority neighborhoods. Only incorporated not - for - profit organizations /networks will be considered for grant funding. 77 The following are ineligible for the City's Community Project Grant: • Individuals or corporations seeking funding. • Lobbying of federal, provincial and municipal governments. • Activities or initiatives outside of the City of Saint John. • Expenditures that occurred prior to the application. • Funding of deficits or debts. • Free or discounted tickets to an event. • Fundraising events. Fellowships, scholarships or bursaries. • Conferences or professional development. All applicants will be required to demonstrate the follo.wipg, among others, through the online application form: �.:.,, • Names of members of the organization's-S,p#r,d' of Directors, employees and /or volunteer network. • Fundralsing and community partnership..`,°'' • The number of residents /visitors impacted by the t 1 • Mow the Community Project resppnds to.interest from -hi* broader community. • Specific outcomes to be achieved. ; • Projected budget,in.0u0irig sources ands use of fur s/in -kind it f+ort. Timelines for inr l e itdtr .n_of the pr'oJp47 t. • If applicable, ap "PtIcants will �W sked to provide ~feedback 'on the long -term feasibility of the Community Projec qd the a icant's plari to build a sustainable business plan. • If the project. is a cone c erit #'fit! -year initiative, applicants will be asked to report on the multiyear, pJan'.. Unless tW wise s6t4d by the Community Grants Evaluation Committee, su r nissions will "be conside . on a year -toter basis, without a guarantee of multi -year mtarricipal funding for. rii : an orga , n's multi -year project. Evaluation Process Applicants must apply annually between the dates of December 1St to January 15th for funding and in -kind support for the coming fiscal year (January 1St to December 31'r) • The Special Event, Community Project and Organizational Support grants will all be evaluated at the same time by the Community Grants Evaluation Committee. • The composition of the Community Grants Evaluation Committee will include three representatives from City of Saint John Staff, two community members -at -large and two Council Members. • Funding distribution is contingent on the receipt of a signed Funding Agreement from successful applicants. * The Community Grants Evaluation Committee will assess applications according to a pre- established evaluation matrix, which will score the application on a variety of variables, including, but not limited to: o Innovation. o Likelihood of accomplishing stated outcomes. o Link to Council Priorities. o Long -term benefits /impacts. o Level of community /neighborhood support. • Ability to generate cooperation between citizens and other organizations. • Ability to acquire other sources of fund ing /in- kind.s� port. Monitoring and Reporting Requirements • Grant recipients must submit a brief mid -term progre , port`s °a final report within 45 days of completion, outlining the outcomes that have been khieved (repdrftem plate will be provided to successful applicants). - Common Council will receive an annual summary of the previous year's gr allocation, its impact on the community and link to Council Priorities. Funding to applicants must be spet trwithin the identifiers trrneframe and must be'�pent on the identified expenditures within the`a r4►ed, application In the event a recipient does not use all there funding within the identified tii frame-' recipients wlfl promptly return any unspent portion of the grant to the City of Saint John. • Recipients that are unable to fulfill stated rrutcomesq a s and /or those who do not submit a final report will jeopardize their future eligibif y;to 14,40 City`eEf Sint John's Municipal Grants Program. ". . ■ Recipients that are found to use false.informatioo.tnl either the application orthe final report will jeopard tf�ew f9ture elig4bdrty to the City of Saini.John's Municipal Grants Program. * Tha.CoMmunity Gronft; Evaluation Committee:n�serves the right to withhold or sequence the reW$e,of funds. Publicity Grant recipients ofd Community Project Grant give the City of Saint John permission to use photos, articles, quotes, etc, from their 'Community Project' for promotional purposes and /or related publications. 79 Purpose The Special Event Grant is designed to support events that are of cultural, sport, social or recreational significance to the Saint John community. Only incorporated not - for - profit organizations or networks are eligible. Objectives • Support the City of Saint John in its ongoing pursuit to be a community of choice for residents and visitors. • Support events that result in important cultural, environmental, heritage, sport, recreational, educational and financial returns for the City of Saint John. • Encourage innovation, sustainability and cooperation in the delivery of Special Event in the City of Saint John. • Uphold and advance the terms of Council Priorities, Plan SJ and /or Play S.I. Funding and Eligibility • The total distribution of all grants can change year -to -year The allocation of each particular grant within Community Grants can change year -to -year. • Grant allocations are subject to change due to demand, Council Priorities, and /or municipal spending control. • The City of Saint Joan Community Grants considers both monetary funding and in -kind support during the evaluation process • In -kind support for the Special Event Grant could include the following: in -house support service from the City of Saint John (human resources, information technology, engineering, finance and administrative services, strategic planning, traffic support), temporary storage, parking, etc. • Each applicant for the Special Event Grant may be eligible up to a maximum of $20,000 /annually (without taking into account 'in-kind' support). • While applicants may submit a hand written application (using a printed copy of the online application form), it is strongly encouraged to use the online application tool to submit an application, • Only applications received through the online application process will be evaluated by the Community Grants Evaluation Committee of Special Event, Community Project and Organizational Support grants. • Applicants are eligible to apply and receive a maximum of one grant annually from each of the following grants: Special Event, Community Project and Organizational Support (totalling a maximum of three grants annually). The project funded through the Special Event Grant must be publicly accessible (although not necessarily free). The City's Community Grants Evaluation Committee and /or Common Council reserves the right to identify more targeted objectives deriving from Council Priorities to further focus the desired outcomes of Community Grants. :1 • Special consideration will be placed on applications that seek to develop programming within the City of Saint John's five priority neighborhoods. • Only incorporated not - for - profit organizations /networks will be considered for grant funding. The following are ineligible for the City's Special Event Grant: • Individuals or corporations seeking funding. • Lobbying of federal, provincial and municipal governments. • Activities or initiatives outside of the City of Saint John. • Expenditures that occurred prior to the application. • Funding of deficits or debts. • Free or discounted tickets to an event. • Fellowships, scholarships or bursaries. • Conferences or professional development. - All applicants will be required to demonstrate thevfq "ing, among others; t rough the online application form: Names of members of the organization's Boair4,,bf Direct+at employees aMr I/or volunteer network. • Fundraising and community partnership. • The number of residents /visitors impacted by the projet..'. • How the Special Event responds to interest frdrn the broader.'ommunity. m • Specific outcomes -. e;ochieved. r • Projected bud `r tcI ding j� .rces and use..Of fa nds/i n-kinO support. Timelines for impomentatiorj of the project 10 If applicable, applicant will be .mod to provide'feedback on the long -term feasibility of the Specrol €vgntaad the apphicam's pilain-W, build a sustainable business plan. • If the project is a ccxmpone r.0,a multi- .yft -initiative, applicants will be asked to report on the wi—Ati -year plan. Unless othery stated by the Community Grants Evaluation Committee, subrn4ssions will be cons4dered or7 a year -to -year basis, without a guarantee of multi -year municipal funding for an grganization'� multi -year project. Evaluation Process Applicants must apply annually between the dates of December 1St to January 15t" (Phase One) or June ft to July 6th f Ptrase Two) for funding and in -kind support for the coming fiscal year (January 1St to December 31St) • The Special Event, Community Project and Organizational Support grants will all be evaluated at the same time by the Community Grants Evaluation Committee. • Funding distribution is contingent on the receipt of a signed Funding Agreement from successful applicants. • The composition of the Community Grants Evaluation Committee will include three representatives from City of Saint John Staff, two community members -at -large and two Council Members. The Community Grants Evaluation Committee will assess applications according to a pre- established evaluation matrix, which will score the application on a variety of variables, including, but not limited to: • Innovation. • Likelihood of accomplishing stated outcomes. • Link to Council Priorities, Plan SJ, Play Si. • Long -term benefits /impacts. • Level of community /neighborhood support. • Ability to generate cooperation between citizens and other organizations. • Ability to acquire other sources of funding /in- kind,sa ort. Monitoring and Reporting Requirements Grant recipients must submit a brief mid -term progre. report e4da final report within 45 days of completion, outlining the outcomes that have been achieved (repurt,Ymplate will be provided to successful applicants). • Common Council will receive an annual summary of the previous year's gi nt =allocation, its impact on the community and link to Council Priorities. • Funding to applicants must be spe within the identified timeframe and must be "'dent on the identified expenditures within the 4pproVO application: In the event a recipient does not use all there funding within the identified trgfrari�y icipients wrll" promptly return any unspent portion of the grant to the City of Saint John. • Recipients that are unable mfulfill stated ,�utcomes, t itiflMes and /or those who do not submit a final report will jeopardize their future eligibil Ay ,,W tht City elf ,S;a"int John's Municipal Grants Program. • Recipients that are found to use-false informatio`,M either the application or the final report will jeopardw-tfietrMwre eligibility to the City of Sairg,jIchn's Municipal Grants Program. • The CO.M. munity GfanU t valuation Committee reserves the right to withhold or sequence the release funds. Publicity Grant recipients oft.Special EveW Orant give the City of Saint John permission to use photos, articles, quotes, etc, from therr ocial Event- for promotional purposes and /or related publications. Community Grants Funding Agreement The undersigned organization ( "Recipient") hereby acknowledges receipt of a City of Saint John Community Grants in the amount of $ Recipient agrees to use the grant solely in accordance with the Recipient's Application (the "Project ") approved by the City of Saint John ( "City "), a copy of which is attached hereto as Schedule "A ", and in accordance with the Grant Guidelines Recipient agrees to provide a written report to the City of Saint John on the outcome, including all revenues and expenditures, of the Project within 4S days of completion. Recipient will promptly return any unspent portion of the grant to the City. Recipient that is unable to fulfill stated outcomes, timelines and /or those who do not submit a final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient that is found to use false information in either the application or the final report will jeopardize their future eligibility to the City of Saint John's Municipal Grants Program. Recipient will acknowledge the support of the City of Saint John in Project written materials, and through other appropriate and tasteful means Recipient will also display signage or a notice acknowledging the support of the City of Saint John at Recipient's principal location(s) and its significant public events (including Recipient's annual meeting) Recipient gives the City of Saint John permission to use photos, articles, quotes, etc, of their organization and /or project for promotional purposes and /or related pubhrationE Recipient agrees to immediately report to the City of Saint John any change in circumstances or events that materially affect the Project as described in Recipient's approved Application. Dated this day of February, 2015. Recipient By: ....................... ............................... Name: Title: a. Overview of Community Grants Evaluation Committee The City of Saint John Community Grants Evaluation Committee makes recommendations for Common Council approval of the following grants: Organizational Support Grant, Community Project Grant, and Special Event Grant. The Committee is tasked with conducting an annual review of the three grants and their respective guidelines, including eligibility requirements, categories of assistance, policy and procedures for programs and service delivery. The City of Saint John Community Grants Evaluation Committee is a standing committee of three City staff, two community members -at -large and two Common Council Members. Committee representation of City Staff shall include a representative from Finance and Administrative Services and two representatives from Growth & Community Development Services. As part of the review process, City Staff from various service areas may be consulted as content experts regarding specific grant applications. The two community members -at -large shall be appointed by Common Council and serve a two -year term Where there is a vested or conflict of interest of a committee member they shall remove themselves from the process of the Municipal Grants Program Ideal candidates shall have the knowledge, experience, and understanding of the City of Saint John, which is highlighted through the Committee's skills matrix (see below) Applicants may be requested to make a presentation to the Community Grants Evaluation Committee when deemed necessary. (Disclaimer- The Heritage and Arts & Culture Grants are reviewed through a separate process). M b. Committee Skills Matrix NA Compuirary Civic Unbiased Eludgetiag Case Supportive Non-prof-it Develop Committee Members engagement Skills Management experience and Skills Skills Manager of x x x x Involvement X x x Recreation Programming/ Neighbourhood Improvement Service (Chair) Finance and x x x x x Admin. Services Rep Growth and x x x x X x Community Dev. Rep Member -at -Large Member -at -Large Common Council Member Common Council Member NA New Muni�epai Grants Program City of faint John October 2014 W. "With the exception of the grants and contributions approved in the City of Saint John's 2014 operating budget, there will be no new annual grants approved by the City of Saint John until such time as common Council approves a new external Grant Policy that recognizes Council's Priorities and the City's current and future fiscal capacity."" 3' i To simplify and standardize the City of Saint John's grant distribution programming W., • City Manager's Office • Kevin Watson., Barry Freeze,, Helen Bridgeo • Bernie Cormier • Alice Fudge • Nancy Moar, Lisa Caissie • Cathy Graham, Hilary Nguyen • Brian Woods, Bill Neal, Troy McGraw • Mike Hugenholtz,, Marc Doucet We INVESTIGATIVE PHASE L I DEVELOPMENT PHASE • Categorization of grants • Tracking and monitoring • Reporting standards • Follow -up expectations • Preventing duplication • Marketing strategy • Corporate consistency • Application process • Evaluation mechanism, criteria, matrix, team • Promoting cooperation • Centrafized decision - making • Com- muneication strategy i • Guidelines • Supportive policy • Priority alignment • Standard timelines • Capacity building • Inclusion of in -kind RECOMMENDATION TO COMMON COUNCIL --"go 9W .W Contributors included: • Past recipients of the City's grant programming • City of Saint John Staff • City of Fredericton • City of Moncton • Halifax Regional Municipality • City of Cornwall • City of Victoria — ., 91 _ 0tv Marager �r Community 3 � � staff � ��v�_lopment ABCs Plan SJ Initiatives Lmmim" Recreation Association Factlity Unspecified Fund Paris and City Landswpe Lang for Publix Purposes COUMM City staff Budget Neighborhoad Development Economic Development A rts, Culture and Sport Heritage Conservation Service Agreements — [�istribu�tE�an �� '!� Reporting (varier) Parking Regional Ser"ari Commission, Tran it, Public Safety W, • Recipients must indicate and deliver on clear outcomes • Strong municipal grant programs are characterized by clear timelines, guidelines, reporting standards, and a common entry -point • The City of Saint John would benefit from celebrating the success of projects and organizations funded by its grant funding 93 • Celebration and ownership over grant program • Greater link to Council and Council Priorities • Enabling grant program adaptability • Valuing `in -kind' support • Differentiating grants, operating, obligations Enhancing applicant experience o Simplified categories o Clear guidelines, timelines, evaluation and reporting requirements o Centralizing web presence of grants o Online application ., Availability Evaluation Council Priorities Application Team Budget Mistribution Tracking M* Reporting F, 95 Supp r, to v ardE. an event the iisof cuqurap, sport, &x ball or r, ecreu#�, l si,g nilf, i °-c-anc a to the can unity Seed funding fo. the start-up of a g01ect, or funds fir ashort -term Undertaki rig ° %riit:h asts,- _Ur. and :gip +ietion date Operating funding to x -16�h ,he generall ad- ninzgrat �reexperueso of the grOUP En wurag a property mvners to meet the sp';r ft and inter oi: the Sainr John Heritage CVr7ser GtfCn gees By -Low Providies prcieect support for organizat ions or groups wishing to otter quably arts act rAt ies in any disc ip l ine of the creative arts within the Ct ., nj Re place four existing grants: Neighborhood Daevelopment Stimulation, Pecreatton Assocket on Faculty Assgstance, Arts, Culture and Spurt, and finaNy, CommundV Deve;opment. Three new grants currentlyshare $4E4G3,508 (2015TBD). * Evaluated by the Community Grants Evaluation Corr mdtee, which iscomposed of Cad Staff, cornmunnty members-at-large and C_ounciBMembs,ers, Maintain existing criteria, process, and evaluation committee. } Existing annual allocation - $90,000. Wc intain existing crrterla, process, and evaluation corromftee . Existing annum' allocation: - $35,000.. 97 vorzion or community Development Neighbourhood Development Stimulation Recreation Association Facility Assistance Portion of Arts, Culture and Sport Heritage Conservation Grants Arts and Culture Board Community Development Fund Play SJ Initiatives Public Arts Maintenance & Repair Unspecified Grants .• Economic Development Loch Lomond Community Centre (St. Joseph's) Saint John Regional Library Imperial Theatre Saint John Arts Centre SPCA YMCA Boys and Girls Club ONE Change Lifeguards Police Services Parks and City Landscape Service Sports and recreation facilities Service Parking Service Transit Service Regional Service Commission Westside Food bank Horizon Health, Carleton Community Center and HOPE Centre December 1- Unitary 15 /June 1, - July 6 December i -Jarry 15 December i - January 15 December 1 - November i December i - April 1 we Next Steps: • Develop online presence • Communicate new Municipal Grants Program to the Saint John community • Appointments to the Community Grants Evaluation Committee • Translation of documents • Transitional considerations 100 I. Special Event or Community Project occurring before February 2015 funding distribution 2. Groups that have already submitted application 101 1. Include funding envelop for 2015 budget consideration 2. Implement terms of Community Grants Policy 3. Creation of Community Grants Evaluation Committee 4. Post two vacancies for Community Grants Evaluation Committee 5. Nominating Committee to provide recommendation by December 2014 102 October 14, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: CITY OF SAINT JOHN AND THE SMALL COMMUNITIES FUND FROM THE NEW BUILDING CANADA FUND The Government of New Brunswick is administering the Small Communities Fund (SCF) from the New Building Canada Fund, and the first round of applications will close on Friday October 241h 2014. The Government of New Brunswick has indicated that the SCF is $39 million over ten years for the province, with a maximum total project capped at $7.5 million/municipality. ''7 City of Saint john After carefully reviewing the eligibility criteria as well as linkages with projected capital expenditures from within the City of Saint John, City Staff are recommending that the City pursue the `Transit Fleet Renewal Program' for its application to the SCF. The 2015 -2018 capital request received from Saint John Transit totals $7,424,380, and in the event the Government of New Brunswick approves the City's submission, this would equate to a possible federal and provincial contribution of approximately $5 million. City Staff examined the likelihood of pursuing facility renewal through the Fund, but unfortunately such expenditures are not consistent with the Fund's eligibility criteria. In terms of pursuing road improvements through the New Building Canada Fund, City Staff believes there is an opportunity to pursue such projects through the National and Regional Projects (NRP) component of the New Building Canada Fund. The NRP differs from the SCF in that it seeks to fund larger -scale projects impacting a larger number of people. The Government of New Brunswick has $393 million to distribute through the NRP over the coming ten years, and while municipalities may apply, a deadline has yet to be established for NPR. City Staff will report back to Council in the coming weeks with a recommendation to pursue funding through the NPR. The renewal of the transit fleet is an important capital expenditure for the City of Saint John and the broader community, which ties nicely to one of the commitments identified in Council's Priorities: "Build a more robust transit system that is aligned with principles of Plan SJ. " Funds received from the 103 federal and provincial governments through the Small Communities Fund will play an important role in securing the needed funding to support a strong and sustainable transit service for the residents of Saint John. RECOMMENDATIONS Staff recommends that Common Council: 1. Direct the City Manager to submit an application to the Small Communities Fund for the City's Transit Fleet Renewal Program. Respectfully submitted, Phil Ouellette, MA Executive Director atrick Woods, CGA City Manager 104 REPORT TO COMMON COUNCIL October 14, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: = City of Saint John SUBJECT: Amendment to the Traffic By -Law On- Street Parking Regent Street, Creighton Avenue and Champlain Drive T_T a l :(c iTell] ► UIR At its meeting held on July 21, 2014, Council resolved as follows: Firstly: "That as recommended by the City Manager in the submitted report M & C 2014 -128: Regent Street On- Street Parking, Common Council direct the City Solicitor to place the following Amendments to the City's Traffic By -Law and properly formatted and translated form for Common Council's consideration: • Add Regent Street with limits Edith Avenue to 54 Regent Street, East side, to Schedule B (No Parking Anytime); and, • Add Regent Street with limits Park Avenue to 54 Regent Street, Both sides, to Schedule B." Secondly: "That as recommended by the City Manager in the submitted report M & C 2014 -127: Creighton Avenue On- street Parking, Common Council direct the City solicitor to place the following Amendments to 105 -2- October 14, 2014 the City's Traffic By -Law in properly formatted and translated form for Common Council's consideration: • Add Creighton Avenue with limits Champlain Drive to Rosedale Crescent, East side, to Schedule B (No Parking Anytime); and • Add Creighton Avenue with limits 52 Creighton Avenue to 62 Creighton Avenue, Both sides, to Schedule B." Thirdly: "That as recommended by the City Manager in the submitted report M & C 2014 -125: Champlain Drive On- Street Parking, Common council direct the City solicitor to place the following Amendment to the City's Traffic By -Law in properly formatted and translated form for Common Council's consideration: • Add Champlain Drive with limits York Street to Grandview Avenue, Both sides, to Schedule B (No Parking Anytime)." The above noted resolutions of Council stem from three separate Staff Reports addressed to Council and dated July 14, 2014 which were generated as a result of citizens' concerns about parking on Regent Street, Creighton Avenue and Champlain Drive. ANALYSIS: The City draws its authority to regulate parking on public streets from section 113(1)(a) of the Motor Vehicle Act which provides as follows: "113(1) A local authority may make by -laws as expressly authorized herein and in addition to the provisions of this Act, but not in conflict therewith, for: (a) Regulating the standing or parking of vehicles The City regulates the standing and parking of vehicles within its bounds through its Traffic By -Law. Section 8 of the Traffic By -Law currently provides as follows: 106 -3- October 14, 2014 "8(1) No person shall park a vehicle at the side of the streets or portions of streets between the limits designated in Schedule "B" to this By- Law." Schedule "B" to the By -Law is titled "No Parking Anytime" and lists the streets or portions thereof where parking is prohibited at all times. RECOMMENDATION: The attached amendment to the Saint John Traffic By -Law adds those areas of Regent Street, Creighton Avenue and Champlain Drive outlined in the above noted resolutions to Schedule "B" to the By -Law. Common Council may, if it wishes, give it first and second reading. Respectfully Submitted, John L. Nugent City Solicitor Attachment 107 J. Patrick Woods, CGA City Manager A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19`h day of December, A.D. 2005, is hereby amended as follows: 1 Schedule B — No Parking Anytime - is amended by adding the following words under the following headings : Street Side Limits Regent Street East Edith Avenue to 54 Regent Street Regent Street Both Park Avenue to 54 Regent Street Creighton Avenue East Champlain Drive to Rosedale Crescent Creighton Avenue Both 52 Creighton Avenue to 62 Creighton Avenue Champlain Drive Both York Street to Grandview Avenue 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 signed by: Par les pr6sentes, Farr&6 de The City of Saint John intitul6 « Arr&6 relatif a la circulation dans les rues dans The City of Saint John 6dict6 conform6ment a la Loi sur les vehicules a moteur (1973) et les modifications affdrentes », decr&6 le 19 d6cembre 2005, est modifi6 comme suit: 1 L'Annexe B — Interdiction de stationner en tout temps — est modifi6e par Fadjonction des mots suivants sous les titres suivants : Rues Cote Limites rue Regent est de Favenue Edith a la rue Regent rue Regent des deux de Favenue Park au c6tds 54 rue Regent avenue Creighton est de la promenade Champlain au croissant Rosedale avenue Creighton des deux du 52 avenue c6t6 Creighton au 62 avenue Creighton promenade des deux de la rue York a Champlain c6t6s Favenue Grandview EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le pr6sent arr&6 le 2014, avec les signatures suivantes : W. Mayor /Maire Common Clerk/greffiere communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 109 1�.l fr Saint John Parking Commission Commission sur Ile stationnement de Saint John October 15, 2014 Mayor Mel Norton and Members of Common Council City of Saint John 8`h Floor, City Hall Saint John, NB Your Worship & Councillors: RE: HotSpot Parking Inc. — Extension of Trial Period 11th Floor, City Hall, 11ieme E tage, Hotel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -8. E2L 4L1 Tel / Tel; (506) 658 -2897 Fax / Telecopieur: (506) 649 -7938 E -mail / Courriel: parking0saintjohn.ca The City of Saint John entered into a Memorandum of Understanding with HotSpot Parking Inc. on December 23, 2013 to allow the latter a trial period of 12 weeks to serve as a pilot project for their platform that allows for alternative electronic payment for parking. This pilot project has been successful from the perspective of both the users and the City of Saint John. For the users, this easy -to -use system offers another convenient method of payment for parking and provides text notification of expiring parking time. The users appreciate the ability to top up their parking time in 15 minute increments up to the maximum allowable time. The number of registered users of the system has been growing steadily since the inception of the pilot project. For the City of Saint John, there has been no cost to implement this system, with the exception of the extra time required for enforcement officers to validate payments on the HotSpot system through a cell phone provided by HotSpot. The number of ticket appeals has been minimal and the enforcement supervisor is able to view activity on the HotSpot site in real time which enables quick and easy resolution of any ticket disputes. As well, the HotSpot team has been very responsive to resolve any technical issues for their customers, or enforcement issues identified by the Saint John Parking Commission. It is the view of the Saint John Parking Commission and HotSpot Parking Inc. that it would be appropriate to extend the trial period, as defined in the Memorandum of Understanding for a further 12 -month period, until June 30, 2015. This extension will allow both parties to assess the longer term viability of their platform and provide the City with further data that will ultimately inform whether the City wishes to allow the pilot project to give rise to a permanent separate contractual relationship with HotSpot Parking Inc. 110 www.saintjohn.ca Recommendation: RESOLVED that pursuant to Article 4 of the Memorandum of Understanding between the City and HotSpot Parking Inc. that Common Council direct the City Solicitor to prepare an amendment to such Memorandum of Understanding extending the Trial Period, as defined in Article 1 of the Memorandum of Understanding until June 30, 2015, and that the Mayor and Common Clerk be authorized to execute such amendment. Respectfull f 4"/ 1 Donna Rea Chair Saint John Parking Commission /Vf 111 13 r. Saint John Parking Commission Commission sur Ile stationnement de Saint John October 21, 2014 Mayor Mel !Norton and Members of Common Council City of Saint John Stn Floor, City Hall Saint John, NB Your Worship & Councillors: RE: Proposed Redesign of King Square North Bus Stop Background: 11th Floor, City Hall, 11l6me Ittags, Hotel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. F21L 41-1 Tel / T6I: (506) 658 -2897 Fax/ T6I6copieur: (506) 649 -7938 E -mail / Courriel: parking0saintjohn.ca Saint John Transit uses King Square North as a main connection point and as a primary bus stop for the uptown area. At times throughout the day, and especially during peak hours, the number of buses at this location frequently exceeds the three designated bus stops, resulting in buses having to double park for loading. Not only is this practice is both confusing and unsafe for our passengers, but also, it causes traffic delays for motorists. Analysis: The proposed redesign of King Square North bus stop will allow for the safe loading of passengers in a much more efficient and convenient manner; and further, it will allow the Saint John Transit Commission to designate specific stops for specific routes which will improve the transit experience for passengers, and in particular, for visually impaired passengers. Please refer to the attached plan for the proposed redesign of this area. It is proposed that King Square North be redesigned to accommodate three additional bus stops along the north side of King Square North by removing the parking spaces. A future capital project includes the construction of three bus stops and the installation of two new bus shelters. Until the new bus stops can be properly constructed, the bus stops would be painted and signed appropriately. At present, there are angle and parallel parking spaces along the south side of King Square North and parallel parking spaces on the west side of Sydney Street between King Street East and King Square North. To offset the spaces being eliminated on the north side of King Square North, it is proposed that the parking alignment on the south side of King Square North be changed to angle parking, including two barrier free parking spaces - one of which is designated for parking www.saintjAn.ca vans used to transport physically disabled individuals — and, to change the parallel parking on the west side of Sydney Street to angle parking. This proposed redesign actually increases the number of available parking spaces by one space. To accommodate angle parking on the west side of Sydney Street, it will be necessary to change traffic lane configuration. The left traffic lane on the upper section of the block of Sydney Street between King Square South and King Street East will be cut off just above King Street East; hatch marks will be painted on the pavement and signage will be installed to direct traffic to the traffic lane on the right. As well, the two left turn lanes from Sydney Street to King Square North will be reduced to one left turn lane. All other traffic lanes will remain as they are. The proposed plan was reviewed and approved by the Saint John Transit Commission, the Saint John Parking Commission, Transportation & Environment - Pedestrian & Traffic and Leisure Services Divisions and the Legal Department. The manager of Pedestrian & Traffic Services has confirmed that no amendments to the Traffic By -law are required. However, it has been determined that a minor amendment to Schedule A of the Parking Meter By -law is required to implement the proposed plan. Recommendation: It is recommended that Common Council authorize the staff of the Saint John Transit Commission, the Saint John Parking Commission, and Transportation & Environment Services to implement the proposed plan for the redesign of King Square North bus stop and parking areas on King Square North and Sydney Street and to 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. Respectfully submitted, Donna Reardon Chair Saint John Transit Commission Saint John Parking Commission /vf Attachments 113 �q 1 Jatrick Woods, CGA City Manager 114 13.02 I 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: ARRETE NO M -7 ARRETE MODIFIANT L'ARRETE CONCERNANT LES ZONES DE STATIONNEMENT ET L'UTILISATION DES PARCOMETRES ET DES HORODATEURS Lors d'une reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit. Pars les prdsentes, Parrete de The City of Saint John intituld << Arretd concernant les zones de stationnement et Putilisation des parcomdtres et des horodateurs » ddcrdtd le 15 mars 2004, est modifie comme suit: I Schedule "A" is amended by deleting the 1 L'annexe « A>> est modifie par la following: suppression de ce qui suit : STREET LIMITS SIDE RUE LIMITES COTE King Square Sydney Street to Both Place King de la rue Sydney a les deux North Charlotte Street Nord ]a rue Charlotte 2 Schedule "A" is amended by adding to it 2 L'annexe «A >> est modifid par 1'addition the following: de ce qui suit : STREET LIMITS SIDE King Square Sydney Street to South North Charlotte Street 115 RUE LIMITES COTE Place King de la rue Sydney a sud Nord la rue Charlotte 2 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 November, A.D. 2014 and signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le _ novembre 2014, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading Deuxieme lecture - Third Reading - Troisidme lecture- 116 6090JTFLO RESTORE MGNITY. RENEW LIFE. REALIZE HOPE. To His Worship, Mayor Norton & Council, My name is Sean Bosse, Outflow's Corporate Fundraising Coordinator & a current member of their Board. It would be an honor for us to be able to present at the next Council meeting and I am submitting this letter as a request for presentation consideration. Outflow is a registered charitable organization dedicated to the cause of the homeless, hungry, abused, those stuck in addiction or prostitution, the lonely and forgotten. For over 5 years, Outflow has been a front line ministry seeking to help and serve those families and/or individuals living on the margins of society in Saint John. We are a faith based organization; however, this same faith does not allow us to turn away anyone in need who does not share it. Our services range from the following: • Men's shelter services (as of 2014) Transition services • Serving over 800 meals a week Assisting those in need with bill payments & grocery orders • Counseling support, etc. My role is to bring greater awareness to who Outflow is and the services we are providing for the Saint John community in the hopes that business /corporations will see us as an organization with a value proposition worth supporting as part of their yearly fundraising calendar. The purpose of the meeting would be to expand on the above while outlining our present support initiatives, bringing Mayor Norton & Council to a current state understanding of our organization for 2015 budget consideration. We would welcome any feedback or direction in regards to anyone who would be interested in hearing about our organization and support opportunities. For more information or if you would like to contact or meet with us, please see below: • Outflow Executive Director — Jayme Hall Phone - 888- 529 -6358 Email - Jayme(doutflowsi.com 4 Outflow Director of Homeless & Housing Services — Anthony Dickinson Phone - (506) 609 -2346 Email - AnthonyRoutflowsl.com • Outflow Corporate Fundraising Coordinator— Sean Bosse Email - scbosse nb.s m atio.ca OUTFLOW MINISTRY P.O. BOX 7073 RPO BRUNSWICK SQUARE, SAINT JOHN, NB E2L 4S5 1.888.529.6358 OUTFLOWSJ.COM 117 OOOOJTFLO RESTORE IHGNITY. RENEW LIFE. REALIZE HOPE. For more resource info, please see the links below: • Saint John Human Resources Council - httys: / /www.facebook.comlpanes /Saint- John - Human- Development- Council / 211431275563702 : / /www.facebook.com /panes /Saint- John - Hu man -Development- Council/211431275563702 0 2012 -13 Shelter Report Card - ht tp : / /sihdc.calwp- content/uploads /2011/02 /2014 - Homelessness- Report- Card.pdf - • Men's Shelter Fundraising Initiative - www.Giveanipht.ora Men's Shelter Campaign Promo - http: / /vimeo.com /95790955 Sincerely, Sean Bosse Outflow Corporate Fundraising Coordinator OUTFLOW MINISTRY P.O. BOX 7073 RPO BRUNSWICK SQUARE, SAINT JOHN, N8 E21. 4S5 1.888.529.6358 OUTFLOWSJ.COM 118 0 xrail PORT, TO COMMONCO 'iJ October 23, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: i,R o SUBJECT: ECONOMIC DEVELOPMENT CAPITAL FUNDING City of saint john PROPOSAL REVIEW BACKGROUND In March 2014, Common Council received a project plan for the development of a more defined and robust evaluation process for internal and external projects seeking the City's capital funding support. The objective outlined in the project plan was to "develop capital priority variables that more closely evaluate economic development initiatives, and further enhance the City's systemic and balanced approach in identifying its own capital priority expenditures.' Over the past months, City Staff have researched best practices, solicited feedback from economic development agents, and consulted with municipalities from across Canada. City Staff have developed the following in order to support the evaluation and selection of future economic development focused capital requests: 1. Guidelines 2. Economic Development Proposal Template 3. Economic Development Proposal Evaluation Matrix These tools are intended to be incorporated into the City's capital budget process, and will support a more evidence -based dialogue between Common Council and local economic development proponents. This new framework will introduce an improved level of clarity and consistency to prospective proponents, all while taking full advantage of the expertise within the City's administration and agencies. The formulation of this framework would not have been possible without the development and review support from the City's four economic development agencies: Enterprise Saint John, Discover Saint John; Saint John Industrial Parks; and, Saint John Development Corporation. RECOMMENDATIONS Staff recommends that Common Council: 119 2- 1. Approve and direct the City Manager to implement the Economic Development Capital Funding Proposal Review Guidelines, Economic Development Proposal Template and Economic Development Proposal Evaluation Matrix. Respectfully submitted, Phil Ouellette, MA Executive Director 1 trick Woods, CGA City Manager 120 City of Saint John October 2014 Guideli Economic Development Capital Funding Proposal Review 121 2 BACKGROUND The City of Saint John allocates funding on an annual basis towards important capital intensive initiatives across the municipality. The City's capital program is a vital component in the delivery of high quality service to the residents of the City. Capital investments target a variety of existing and new assets, ranging from regular maintenance, to repurposing, to rebuilding. Much of the City's capital investment targets infrastructure which in turn supports economic development activity. While some capital projects are directly linked with economic development, most of the City's capital expenditures provide the necessary infrastructure needed for all markets to flourish within the City. It is important to acknowledge that the City's capital priorities must reach a balance between funding economic development projects and funding the necessary infrastructure (roads, water, fire and police, lighting, solid waste collection, etc) needed for fruitful economic development activity. While the City's capital programming focuses heavily of the City's assets, the City does support economic development related projects that fall outside of the City's operations. The City of Saint John's continued growth depends on strong economic growth, and the City's ability to identify projects that yield strong returns for the entire community. For the purposes of evaluating the City'; capital priorities and capital spending, the category of `economic development' projects will incorporate all those initiatives originating from within the public administration of the City of Saint John, and the public, private and community sectors that seek to maintain, grow or create new economic activity GUIDELINES In order for the City of Saint John to strategically support economic development projects, the City will adopt the following three steps. 1. Requirements for economic development proposals seeking the City's capital investment; 2. Evaluation mechanism for economic development proposals; 3. Alternatives to support economic development proposals. 1. Requirements for economic development proposals seeking the City's capital investment The City of Saint John requires an economic development proposal for all organizations and individuals interested in accessing the City's capital funding. The City has developed an economic development proposal template (see Attachment A), which highlights all of the required criteria for a well - formulated proposal. Proposals will require an increasing level of detail according to the magnitude of the project and the requested capital investment from the City. The City's economic development agencies or the City's Finance and Administrative Services will support organizations and individuals in determining the appropriate level of detail for their particular economic development proposal. All economic development focused projects seeking the City's capital investment will be evaluated annually through the City's capital budgeting exercise. In the event a project is phased, the City will 122 3 consider the subsequent phases and their predicted impact in the evaluation of year -to -year capital investment or until the City pursues the development of long -term investment strategies. 2. Evaluation mechanism for economic development proposals The evaluation and review of economic development proposals seeking the City's capital investment will be conducted through the City's Economic Development Review Committee, which includes: City Manager's Office, Finance and Administrative Services, Growth and Community Development Services, and may seek the expertise of the City's economic development agencies accordingly. In order to prevent any conflict of interest during the evaluation process, the City may only involve those economic development agencies that have not directly contributed and /or advocated for the proposal. The City has developed an economic development proposal evaluation matrix (see Attachment B), which highlights the City's key criteria and corresponding weighting associated with economic development proposals. While the matrix clearly highlights priority variables, the Economic Development Review Committee reserves the right to consider variables outside of those explicitly identified in the matrix. The City will evaluate economic development proposals separately from other projects considered for capital investment. Once the City has conducted an evaluation of all economic development proposals, a ranking of economic development priorities will be submitted to the larger evaluation of all capital priorities. The determination of the level of capital investment towards economic development will be made on a year -to -year basis by Common Council The City will only contribute to economic development projects that submit economic development proposals and that are evaluated by the City's Economic Development Review Committee. 3. Alternatives to support economic development proposals. Once the City has received an economic development proposal and it has been evaluated by the City's Economic Development Review Committee, the City has a variety of options in responding to the proposal, among others. • City could submit full nr partial financial support towards the economic development project; • The City could offer in -kind support towards the economic development project; The City could request additional information or references from the individual or organization who submitted the proposal, • The City could request that the individual or organization who submitted the proposal to reconnect with one of the City's economic development agencies to further develop the proposal; • The City could offer the individual or organization who submitted the proposal to work with one of the City's economic development agencies to encourage continued project development; • The City could offer a letter of support or encouragement to other levels of government in order to generate synergies with other potential funders and /or levels of government;' The City could offer conditional funding support towards the project, in the event additional funding support was eventually secured or the project reached particular milestones. i The City may also choose to use the economic development proposal template as well as the evaluation matrix for proposals seeking non - financial support from the City. 123 4 Timeline The City of Saint John evaluates its capital investments for the coming year between October and November every year. If organizations or individuals are interested in accessing the City's capital funding for their economic development proposals, the City must receive their proposal prior to the annual capital evaluation period. Final decisions on capital investments are regularly made early in the new year, for that year's capital expenditures. Contact For any additional information on the above, please feel free to contact one of the City's four economic development agencies or the City of Saint John's Finance and Administrative Services (see below). Enterprise Saint John Saint John Industrial Parks Discover Saint John 506 -658 -2877 506 -658 -4418 506 -658 -2990 info _enterprisesi.com brian.irving0saintiohn ca visits @discoversaintiohn.com Saint John Development Corporation Finance and Administrative Services 506- 674 -4152 info @s*waterfront.com 506 - 649 -4354 craie.laviene @saintiohn.ca 124 Attachment A: Economic Development Proposal Template 125 Recommended Responses Project Name Project Sponsor Project Team a Include roles and responsibilities Project Overview a identified economic development need/opportunityfor Saint John e What is the objective of the economic development initiative e Describe the current market condition and why the market is ripe for your particular economic development initiative e What is your competitive advantage in delivering the product /service e How are you equipped /prepored to take -on this economic development initiative and deliver the product /service to the Saint John community e What is the strategic link to the City of Saint John e Assumptions, constraints and risks 1 Anticipated Results and a How will this initiative affect the City's municipal property tax revenue Economic Impact a Describe any and all matching or leveraged funding associated with the initiative e Highlight any cost - savings or enhanced productivity that this initiative could bring to the City of Saint John e How does the initiative align with Council Priorities, Plan A Play SJ e How does this initiative align with regional, provincial and federal priorities e How does this initiative align with True Growth 2.0 Success Measures Budget a Highlight detailed financial statements and projected forecast e What available resources (financial, human resources, assets) do you have at your disposal e What are the required financial requests associated with the initiative e What is your plan on securing required resources and at what phase are you within that plan e How do you intend on using funding allocated by the City of Saint John e Do you foresee any reason why you would be seeking additional funding from the City in the future e What is your one, five and ten year financial outlook (i.e. asset management, life expectancy short- and long -term value proposition) e Do you have an exit plan /contingency plan, if so, please explain Project Considerations a What is your target audienc %ustomer e How many residents of Saint John will this initiative impact e Describe the existing and future communications and stakeholder 125 Project Timeline engagement associated with the initiative • How will your initiative negatively impact the marketplace, local businesses, citizens and the environment Dates I Milestone 126 Attachment B: Economic Development Proposal Evaluation Matrix Project Name: Timeline: Capital Request to the City of Saint John: CRITERIA PROJECTION 61 EC I'iNANI 1A-L -1 P-4- _ —� —� Municipal Property Tax Revenue Increase Leveraged /Matching Funding Availability Savings /Enhanced Productivity to City's Operating Budget Alignment with Council Priorities, Plan SJ, Play 5.1 Alignment with Regional/Provincial/Federal Priorities True Growth 2 0 – Increased Job Creation True Growth 2 0 – Increased Consumer and Business Confidence' True Growth 2 0 – Increased Innovation, Research and Related Entrepreneurshia` Project Lead: Total Project Cost: HIEVABILITY' I SCORE" I Weight TOTAL NOTES Pass or Fail 1 0 -1 -2 -3 1 % # 60% Consider projection over time, including one, five and ter, years Consider whether leveraged funding is one -time or Consider whether project may place one time or ongoing financial or human resource expectations on the City of Saint John 40% Consider whether creation of new employment may jeopardize, replace, enhance existing employment in Saint John and the greater region? Consider how the project will impact future consumer confidence in Saint John and the greater region 100% Commentary Could include feedback on supplementary benefits, special considerations, and intangible variables 127 ` Cansumer oad Business Confidence are evaluated by True Growth 2 0 through two different lenses, including the City's improvement in the Canadian Federation of Independent Business's (CF18) annual Communities in Boom report as well as the improvements to quarterly consumer confidence index published by Corporate Research Associates (CRA) :.FIR's report evaluates 12 indicators, drawing from published and custom tabulated stotistres Canada soup ces and direct oerspectives from CHS's membership The 12 indicators are categorized into three groupings, including presence, to indicate levels of entrepreneurial activity, perspective, to indicate levels of optimism and business expectations and policy, to indicate the influence of local governments on business decision making CRA's report is aerived f am a series of five questions related to the percervcd state of the economy, household economic situation, and conditions for major purchases Increased innovation is evaluated by True Growth 2 0 by the increase in the dollar value of research taking place at Tucker Park and having new products, services and methodologies commercialized in the City for eapwt 3 Evaluators are to assess whether .applicants have provided a eakstic and achievable pt ejections if evaluators feel that an applicant hits not provided accurate projections, a fail" will be issued to the submission, and it will not proceed in the evaluation Applicants will be notified of the inaccura,,r. and encouraged to re- submit with more evidence -based information. . 'Evaluators have the ability of granting the following scored an applicant's projects 0 —project does not yield any favorable outcomes, 1— project yields a minimal amount of favoruble outcomes, 2 — project yields favorable outcomes, 3 —project yields a significant amount of favorable outcomes 128 Economic Development and Capital Funding City of Saint John U0 I c t ok b e {9 4 129 City of Saint John February 2014 Engagement 130 Development To develop capital priority variables that more closely evaluate economic development initiatives, and further enhance the City's systemic and balanced approach in identifying its own capital priority expenditures. 131 What are we trying to fix? • Strengthen evidence -based decision making • Enhance the City's 'open-for-business' nature • Clarity for prospective ED proposals • Professional oversight from City Staff/Agencies • Consistent evaluation criteria /process • All encompassing guidelines rl -��-.4 ±a 132 0& \IL C4 Capital Pr o(rnes M atria Project Obiective Council Priorities — fn vest S) Ecanomic. Development M atrix; Capital FViorities WP True Growth Muf VIA NIL AAFF Project Contributors 1 11 ErTterpr Saint J ors City of Fredericton Atlarr is Canada Opportunities Agencki irati Marketing iln Saint John Industrial Farb S a err J oh Devel apm, ens Corporation P o' Bain Johan Saint Jelin Air po Sant John 8 aard cvf Trade Saint John Energy, City cif Edmonton Gcpwernmen!t Financial Officers Association U n -1 -wefsity of New Bruri,w, i.C' _ Saint John Faculty of Bins Clinic der U ptoiko n Saint Jc n Government of New Brurn, Y ick Municipal Finarxe Off icers' Association Ontario Halifax pegia Municipaliry A �J • Long -term financial planning • Alignment with existing priorities • Cooperation between City Staff/ED agencies • Clear and concise guidelines • Commitment to process (careful with exceptions) • Focused variables for desired outcomes r._ 135 City of Saint John October 2014 Guidelines: Economic Development Capital Funding Proposal Review Attachment A. 2 F=namr- 17r;str Attachment 8: Economic Development Proposal Evaluation matrix ■ PlIgAlight anar W*ur amao'hibAs7srawcar wwri;W wAlh LWkWorivs RMJF04r Morin diatpkn Howdo jwmintondon mijWfundbip criTkoad bp tfvC&)FqfSniajWm Do joufarmasaityrourm AfiY)MU MAt 655"Ory MdAkMI I '. � " -�--1 36 - - -lutst PWVIva cmt CWM ReqUOR team silts.Now: MUM PROJEMON SCOqj- VOTES it MAMM 75:W-V—KEdIMWtrhIrg Funding camide wo.wftr ApWroyed ftrio"N ir 6rW--"E or AmIgNey moo"; Sava Enhanced Ptvduc&*v 0 VrV's cbrutrer Wk-ftf emort mv PiRme o"dr ftp pr OpItrat-9 &*e OrWTV jWrVqrffl( Dr huw" rF3D4m twrcwtmrlr Vn AUGNWWJT 40% L DS-. i gas 11V 91:,r4m: Fedora pic-maj T•" arua-, 2 2- invessed OVOWN '- SW- SMW Oft MW ONE 9mor MOMP 2C-mra3%M*MwM OMM*r AWA •fhR FU*' VAT kW9& IMM sit 31&rdm 074dtmw towwwr aNOWN99 P-SpimeiWo wYdftqmaw var- T'a Vv& 2 :- Invesset Ptrrwt--. Ptsvv& a,d ftmv CDYnIturney CaLM irfk.* ftrftL* gr MWffMrV bg;;�b- WOO =-jdr-.ftw. W mi,ftv wwftvs ■ PlIgAlight anar W*ur amao'hibAs7srawcar wwri;W wAlh LWkWorivs RMJF04r Morin diatpkn Howdo jwmintondon mijWfundbip criTkoad bp tfvC&)FqfSniajWm Do joufarmasaityrourm AfiY)MU MAt 655"Ory MdAkMI I '. � " -�--1 36 - - 1. Requirements for economic development proposals 2. Evaluation mechanism 3. Alternatives to support proposals l w . , ) y.. 137 Future economic development- focused proposals seeking the City's capital funding should now expect: • Clarity for prospective applicants • Identification of key variables • Evidence based evaluation • Consistency in evaluation 138 Attachment Economic Development Proposal Evaluation M r■ 139 Approve and direct the City Manager to implement the Economic Development Capital Funding Proposal Review Guidelines, Economic Development Proposal Template and Economic Development Proposal Evaluation Matrix 140 I� REPORT TO COMMON COUNCIL M &C2014 -181 October 21, 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council, SUBJECT: Financial Contribution Agreement -SCDWP - PURPOSE 7 7h,.- City of Saint John The purpose of this report is to seek Council approval for the Financial Contribution Agreement (FCA) with the Provincial Government's Regional Development Corporation (RDC), and to advise Council on the progress of the Safe, Clean Drinking Water Project (SCDWP). BACKGROUND On November 22, 2013, both PPP Canada and The Province of New Brunswick announced funding for up to 25% of eligible costs (from each). On September 26, 2014, the City received the FCA from the RDC who requested that the City execute the three copies of the agreement and return one to them. ANALYSIS The Safe Clean Drinking Water Project is required to ensure the provision of quality water to meet the City's water supply needs. Both the City staff and Province of NB staff have contributed to the drafting of the FCA. The Agreement between the City and PPP Canada has already been finalized. A copy of the FCA is attached to this report for Council's consideration. This is the final Agreement between the two parties for the life of the project. This Agreement outlines the details of how the fiends will flow from the Province to the City. Council's endorsement of the Agreement and subsequent execution of the document will be a positive signal to the market that the funding partners and the City are in agreement and moving forward with the project. 141 M & C 2014 -181 - subsection 10.2(4)(c) October 21, 20I4 -2- City staff and their advisors are currently evaluating RFQ submissions and concurrently developing the performance specifications, payment formulas, technical requirements and draft agreements which will form the basis for Proponent submissions in response to the Request for Proposal. It is anticipated that the Request for Proposals will be issued to the three short- listed proponents some time in December of 2014. RECOMMENDATIONS The City Manager recommends: "RESOLVED that the City of Saint John enter into a Financial Contribution Agreement (the "Agreement ") with the Regional Development Corporation ( "RDC ") which Agreement was discussed at an October 27, 2014 meeting of Common Council closed to the public pursuant to the provisions of section 10.2(4)(c) of the Municipalities Act, for the purpose of obtaining a financial contribution from RDC for the Safe Clean Drinking Water Project in an amount not greater than 25% of Eligible project costs or $57.3 million whichever is less, and that the Mayor and Common Clerk be authorized to execute the Agreement, a redacted version of which has been presented to Common Council in open session at its meeting of October 27, 2014; and further that the Common Council make available to the public the entire Agreement when doing so would no longer jeopardize the City's financial position." Respectfully submitted, Dean Price, P. Eng. Project Manager, Safe Clean Drinking Water Project Wm. Edwards, P. Eng. Commissioner, Saint John Water J P trick Woods, CGA Ci anager 142 THE CITY OF SAINT JOHN SAFE CLEAN DRINKING WATER PROGRAM FINANCIAL CONTRIBUTION AGREEMENT THIS FINANCIAL CONTRIBUTION AGREEMENT (the "Agreement) made in triplicate effective this day of , 2014 (the "Execution DaW). BETWEEN: REGIONAL DEVELOPMENT CORPORATION, a body corporate duly incorporated under the laws of New Brunswick, having its head office at Chancery Place, 3`d Floor, 675 King Street, Fredericton, NB ( "RDC') -and— THE CITY OF SAINT JOHN having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (the "City) RECITALS: A. RDC's mandate, as established pursuant to the Regional Development Corporation Act, R.S.N.B. 2011, c. 216 (the "Acf'), is, among other things, to assist municipalities and rural communities in planning and developing works or projects of benefit to the general public. B. The City has developed the Safe, Clean Drinking Water Program (the "Project') in order to modernize and expand the City's water treatment, transmission, and distribution system to meet current drinking water standards and safeguard public health. The Project is more particularly described in Schedule A attached hereto. C. The Project will include the construction of a water treatment facility, infrastructure improvements to the watershed, water transmission and distribution systems, water storage, pumping stations, a new wellfeld water source for West Saint John, and a separate industrial water supply. D. The City will contribute 50% of the Eligible Project Costs. The remaining 50% will be contributed in equal shares by PPP Canada Inc. and RDC subject to the terms and conditions of this Agreement and the Financial Agreement to be entered between PPP Canada Inc. and the City. E. RDC's financial contribution toward the Project will be made in accordance with paragraph 6(1)(b) of the Act. 143 F Common Council on the day of , 2014, resolved: NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual agreements contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Interpretation 1.1. Definitions. In this Agreement, unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in Schedule D. 1.2. Construction of Agreement a) The division of this Agreement into sections, paragraphs, subparagraphs, and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. b) In this Agreement, words importing the singular shall include the plural and vice versa, words importing persons shall include individuals, partnerships, commissions, boards, departments, and corporations, and words denoting either gender shall include both genders. Where a term is defined in this Agreement, a derivative of that term shall have a corresponding meaning unless the context otherwise requires. C) All references to funds herein are expressed in Canadian dollars. d) All references in this Agreement to Schedules refer to Schedules which are, or may be attached to, and which by such references form part of, this Agreement. In the event of a conflict between any provision of this Agreement and any Schedule, the provisions of this Agreement shall prevail. e) For greater certainty, in the event of conflict or inconsistency between any provisions of this Agreement and any Applicable Law, the Applicable Law shall govern and prevail to the extent of such conflict or inconsistency. f) Ail references to "Sections" in this Agreement indicate provisions of the main body of this Agreement, unless otherwise noted, and may include main sections, paragraphs or sub - paragraphs as indicated by the numbers or letters cited. g) Should any provision of this Agreement require judicial interpretation, negotiation, mediation or arbitration, it is agreed that the court, negotiators, mediator or arbitrator interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one Party by reason of the rule of construction that a document is to be construed more strictly against the Party who itself or through its agent prepared the same, it being agreed that -2- 144 both Parties, directly or through their agents, have participated in the preparation hereof. 2. Schedules 2.1. The following schedules are attached hereto and form part of this Agreement: • Schedule A — Project Description; • Schedule B — Eligible and Ineligible Project Costs; • Schedule C — Communications Guidelines; • Schedule D — Definitions; and • Schedule E — Certificate of Project Manager. 3. RDC Financial Contribution 3.1. RDC shall make a non - repayable contribution of funds (the "Financial Contribution ") to the City exclusively with respect to Eligible Project Costs in accordance with the terms and conditions hereof. No amounts shall be payable hereunder with respect to Ineligible Project Costs. 3.2. Notwithstanding any other provision hereof, the Financial Contribution shall be limited to the lesser of (i) 25% of the total Eligible Project Costs; or (ii) $57.3 million (the "Contribution Limit'). 3.3. The City will inform RDC promptly of all financial assistance received for the Project. If the Province of New Brunswick's total financial assistance toward the Project exceeds 25% of total Eligible Project Costs or if the total financial assistance received or due in respect of Eligible Project Costs exceeds 100% thereof, RDC may recover the excess from the City or reduce its contribution by an amount equal to the excess. No interest shall be payable on any excess amount. 3.4. The Financial Contribution shall be advanced by way of in a., amount no greater than 25% of Eligible Project Costs incurred in achieving the applicable as set oul below. I i .3. 145 -4- 146 Agreement, nor shall it operate to relieve the City from the performance of any of its obligations under this Agreement which have not been performed. 3.10. RDC may, in its sole discretion, make partial Milestone Payments with respect to approved portions of a Milestone Claim, provided, however, that RDC shall have no obligation to make a partial Milestone Payment with respect to any Milestone Claim that has not been fully approved. 3.11. Subject to Sections 3.12 and 3.13, after the City has submitted the final Milestone Claim and the certificate of the Independent Engineer with regard to Final Completion Date, the Parties shall carry out, at their own expense, on or before 120 calendar days following the submission of the claim and certificate, a final reconciliation of all claims and payments in respect of the Project and make any adjustments required in the circumstances. 3.12. If the City, acting in good faith, disputes all or any part of the final reconciliation of any claim or payment, it shall notify RDC in writing of that part of the claim or payment (insofar as at the time of such notice the City is reasonably able to quantify same) which the City disputes and submit to RDC such supporting documentation as is reasonably required to substantiate and confirm such claim or payment. For greater certainty, any claim or payment set out in the final reconciliation which is not in Dispute shall be paid in accordance with Section 3.5 above. 3.13. Following resolution of any Dispute with respect to the final reconciliation, any amount which has been paid by RDC that is determined not to have been payable shall be deducted forthwith by RDC from the Contribution Limit, together with interest on such amount computed on the basis that the date on which payment was initially made by RDC was the date of the overpayment by RDC and any amount which has been withheld by RDC, that is determined to have been payable, shall be paid forthwith by RDC to the City, together with interest on the basis that the date on which such withheld amount should have been paid was the date upon which such amount became payable to the City. For greater clarity, in the event a Party is entitled to receive interest, it shall be calculated at the rate of two percent per annum above the Canadian Prime Rate. 3.14, The Parties acknowledge and agree that RDC's role in the Project is limited to making the Financial Contribution and that RDC will have no involvement (other than the audit and committee oversight functions hereinafter prescribed) in the construction or subsequent operation of the Project. 4. Business Case 4.1. The City will update and make available any Business Case, originally prepared on July 29, 2013, at procurement launch and prior to financial close using information from Project Co.'s submission. Each updated Business Case will be fully disclosed to RDC. 5. Increase in Project Costs 5.1. If, at any time during the life of this Agreement, the City or RDC determines that it will not be possible to complete construction of the Project unless the City expends amounts in excess of the funding available to it, the City or RDC will immediately notify the other -5- 147 Party of that determination. The City will, within thirty (30) days of a request from RDC, provide a summary of the measures that it proposes to remedy the shortfall. If RDC is not satisfied that the measures proposed will be adequate to remedy the shortfall, then RDC may terminate or suspend its funding obligations until such time as measures are proposed that, in RDC's opinion, will be adequate to remedy the shortfall, whereupon its funding obligation will be reinstated. 6. Conveyance or Re- Purposing of Project Assets 6.1. The City shall give prior written notice to RDC if the City proposes to sell, lease, encumber, use for a purpose not related to the Project, or otherwise dispose of (save and except for routine and required maintenance of system components to respond to Reasonable Wear and Tear), directly or indirectly, any Project Assets purchased, constructed, rehabilitated or improved, in whole or in part, with funds contributed by RDC under the terms of this Agreement, other than to the City or an entity that is the City's agent for the purpose of implementing, operating or administering the Project and, upon disposition, undertakes to reimburse RDC, on demand, a proportionate amount of the funds so contributed by RDC, in the following proportion: a) Prior to and up to one (1) year after the Substantial Completion Date the return of contribution for a Project Asset in current dollars is 100 %. The return of contribution will be reduced by four percent (4 %) every year thereafter. By twenty - five (25) years after the Project Completion Date the return of contribution for a Project Asset in current dollars will be zero percent (0 %). 6.2. Notwithstanding the foregoing, if the City takes any action described in Section 6.1 of this Agreement during the Project Asset Disposal Period based on technical or operational requirements of the City, the City may, at RDC's discretion and with its written approval, in lieu of the repayment set out above, reinvest the proceeds from the disposed asset into an asset that replaces the disposed asset. If RDC deems the reinvestment inappropriate, the City will be required to reimburse RDC, as per Section 6.1. 6.3. Notwithstanding the foregoing, if the Minister takes any action described in Section 6.1 of this Agreement during the Project Asset Disposal Period for a nominal amount, and the disposed asset remains available for its originally intended use, RDC may, at its discretion, choose to waive the remedies identified in Section 6.1. 6.4. Subject to Section 22.4, if the City takes any action described in Section 6.1 of this Agreement during the Project Asset Disposal Period, RDC may require the City to assign its rights and obligations under this Agreement to the third party involved. 6.5. Any contract pursuant to which the City retains ownership of the Project Assets but a third party is responsible for the design, construction, financing, operating, maintenance, and rehabilitation thereof, will not be deemed to be a disposition for the purposes of this Section 6. 7. Representation and Warranties 7.1. Each Party represents and warrants to the other that: 19.E Um a) It has the capacity and power to enter into and perform its respective obligations under this Agreement; b) The person(s) executing this Agreement on its behalf have been duly authorized by proper proceedings; C) This Agreement is a valid, binding, and legally enforceable obligation on the Party executing it in accordance with its terms and conditions; d) This Agreement is not inconsistent or in conflict with and is not in breach or default of any pre - existing contract or obligation; and e) It has not failed to disclose to the other Party any material facts relevant to this Agreement. 7.2. The City represents and warrants that each of the following conditions has been fulfilled as of the Execution Date: a) The Project will be undertaken without any conditional federal or provincial funding outside the contemplated funding allocation from RDC and PPP Canada Inc. The City has received all other necessary funding assurances and included sufficient funding in its capital plan for the Project to proceed as a P3; b) The City has appointed a financial advisor, legal advisor, and technical advisor, all reporting to the Project Manager, each of whom has extensive P3 experience advising public sector clients; C) The City has hired an independent fairness advisor to observe the procurement process; d) The City will hire an independent engineer to certify that the work is complete before substantial completion payments are issued, and to certify milestone achievements for financial agreements; e) The City has completed or shall complete as required during the Construction Period, preliminary engineering, land acquisitions, and necessary utility relocations for the Project to proceed as a P3; f) As of the Execution Date, no fact or set of circumstances has arisen which would be reasonably expected to have a material adverse effect on the business, affairs, condition, or prospects of the Project (financial or otherwise); and g) There is no public inquiry or criminal investigation in relation to the City, Project Co., any of the officers, directors, or principal shareholders of Project Co., and any committees, departments, boards, commissions, officials of the City, as applicable, that could have a detrimental impact on the Project or the RFQ or RFP processes. -7 149 7.3. The City acknowledges and agrees that each of the representations in Section 7.2 is a condition precedent to RDC entering into this Agreement. 7.4. The City represents and warrants that: a) The procurement process for the Project will be competitive, fair, and transparent, and will be consistent with the Agreement on Internal Trade and Canada's International trade obligations and all Applicable Laws; and b) The Project will be undertaken in accordance with Good Industry Practice. 8. Audits and Audit Expenses 8.1. The City shall allow RDC access on a confidential non - disclosure basis to examine all books, records, documents, and other evidence pertaining to the Project and this Agreement, at any time during the term of this Agreement and for seven years following termination of this Agreement, for the purpose of review, analysis, inspection, audit, and reproduction. 8.2. Notwithstanding anything to the contrary in this Agreement, the Parties agree that access on a confidential non - disclosure basis shall not prevent the Auditor General for New Brunswick from commenting in the Auditor General's annual report on any department or agency of the Government of New Brunswick in relation to this Agreement. 8.3. If any audit reveals that the City's invoices to RDC for the audited period are incorrect for such period, the City shall promptly reimburse RDC for the amount of any overpayment of a Milestone Payment, with interest. Before the City reimburses any overpayment to RDC, if the City, acting in good faith, disputes ail or any part of the audit for the audited period, it shall notify RDC in writing of that part of the City's overpayment which the City disputes and submit to RDC such supporting documentation as is reasonably required to substantiate and confirm such non - overpayment. Any Dispute as to whether or not such the City needs to reimburse RDC for a disputed overpayment amount of a Milestone Payment shall be referred to Dispute Resolution as set out in Section 17. For greater clarity, in the event a Party is entitled to receive interest, it shall be calculated at the rate of two percent per annum above the Canadian Prime Rate. 8.4. If any audit reveals that the City's invoices to RDC for the audited period are correct for such period and that RDC has underpaid the City for an amount of a Milestone Payment, RDC shall promptly reimburse the City for the amount of any underpayment of a Milestone Payment, with interest. Before RDC reimburses any underpayment to the City, if RDC, acting in good faith, disputes all or any part of the audit for the audited period, it shall notify the City in writing of that part of the RDC's underpayment which RDC disputes and submit to the City such supporting documentation as is reasonably required to substantiate and confirm such non - underpayment. Any Dispute as to whether or not such RDC needs to reimburse the City for a disputed underpayment amount of a Milestone Payment shall be referred to Dispute Resolution as set out in Section 17. For greater clarity, in the event a Party is entitled to receive interest, it shall be calculated at the rate of two percent per annum above the Canadian Prime Rate. -8- 150 8.5. The review, analysis, inspection, audit, and reproduction described in this Section 8 (collectively the "Audits") shall, in the first instance, be at the sole cost and expense of RDC, provided that where a re -audit is necessitated by the discovery and remediation of an overcharge, such re -audit will be at the sole cost and expense of the City. 8.6. Upon reasonable notice, the City shall provide to RDC any annual audited reports prepared the City's auditors in order to monitor and ensure compliance with this Agreement. If RDC requires an audited report other than the City's annual audited report, such audited report will be at the sole cost and expense of RDC. 9. Contract and Project Agreement Provisions 9.1. The City will ensure that all Contracts, including the Project Agreement, are consistent with, and incorporate, the substance of the relevant provisions of this Agreement. Without limiting the generality of the foregoing, the City shall include in all Contracts, including the Project Agreement, provisions to ensure that: a) Proper and accurate accounts and records, including but not limited, contracts, invoices, statements, receipts and vouchers, in respect of the Project are maintained for at least seven years after the Final Completion Date and that the City has the contractual right to audit them; and b) All applicable labour, environmental, and human rights legislation is respected; and C) RDC and the Auditor General of New Brunswick, to the extent permitted by Applicable Law will, at all times, be permitted to inspect any records and accounts held by the City and the Project Co. respecting the Project. 10. Access 10.1. The City will provide RDC and /or the Auditor General for New Brunswick with reasonable access to the Project sites, facilities and any documentation for the purposes of audit, inspection, monitoring and ensuring compliance with this Agreement. 10.2. The City will coordinate any access with the Project Co., if applicable, and will appropriately name RDC and /or the Auditor General of New Brunswick as authorized designates for the City for the purpose of access in accordance with the provisions of the Project Agreement. 11. Environmental Assessment 11.1. The Parties recognize that an environmental assessment ( "EA ") under the Provincial Environmental Impact Assessment, Regulation 87 -83 pursuant to the Clean Environment Act, was prepared by Dillon Consulting Limited in December 2012 for the City in order to provide environmental assessment and approvals services for the WTP. 11.2. if any further EA of the Project or any portion thereof is required to be conducted in accordance with Applicable Laws , construction of the Project or the affected portion -9- 151 thereof will not be undertaken or will be suspended and no funds or additional funds will become or will be payable by RDC to the City unless and until: a) The required EA has been conducted in accordance with Applicable Laws; and b) Where, taking into account the implementation of any mitigation measures mandated as a result of the EA, that the Project is not likely to cause significant adverse environmental effects or is likely to cause significant adverse environmental effects that can be justified in the circumstances and in accordance with Applicable Laws. 11.3. The City will comply with all conditions arising out of an EA conducted in accordance with Applicable Laws as a result of the Project, including the implementation, at its own expense, of mitigation measures and any follow up program. Failure to comply with the conditions, the implementation of any mitigation measures and any follow up program may be a cause for Default in respect of the Project in accordance with Section 18. 12. Aboriginal Consultation 12.1. The City will consult with Aboriginal groups that might be affected by the Project and will provide a report to RDC that shall include: a) a list of all Aboriginal groups contacted; b) a summary of all communications to date with the Aboriginal groups, indicating which groups support or object to the Project, and whether their positions are final, preliminary or conditional in nature; C) a summary of any issues or concerns that the Aboriginal groups have raised and an indication of how the City has addressed or proposes to address those issues or concerns; and d) any other information RDC may deem appropriate. 12.2. The City agrees that no construction of the Project will occur and RDC shall have no obligation to reimburse any Eligible Project Costs until RDC, acting reasonably, is satisfied that any legal duty to consult with, and where appropriate, to accommodate aboriginal communities has been met. 12.3. If, as a result of changes to the Project or otherwise, RDC should determine that further aboriginal consultation is required, the City will work with RDC to ensure that the legal duty to consult and where appropriate, to accommodate is met to RDC's satisfaction, acting reasonably. 13. Sponsorship and Steering Committees 13.1. The City has established a sponsorship committee (the "Sponsorship Committee") consisting of the Mayor, a member of Common Council, the City Manager, a Member of Parliament, a Member of the Legislative Assembly, and a Senior Public Administrator -10- 152 from RDC to receive updates on the status of the Project and provide advice on Project development to the Steering Committee. 13.2. The City has established a steering committee (the "Steering Committee ") to provide oversight and direction to the Project Team through the Project Manager. The Steering Committee will recommend matters to Common Council for approval and shall ensure corporate direction is maintained. 13.3. The Steering Committee shall consist of the Mayor, a member of Common Council, City staff, non- voting ex- officio members from PPP Canada Inc. and RDC. 13.4. The Steering Committee shall follow Good Industry Practice and oversight, and will, without limiting the foregoing: a) Review activities and recommendations of the Project Team; b) Advise the Project Team on any matters related to the development of the Project; c) Provide updates and make recommendations to Common Council as required; d) Review RFQ and RFP documents and procedures; e) Approve and recommend the preferred proponent to Common Council; f) Reinforcement of communications protocols and confidentiality; and g) Attend to any other function required by this Agreement or as mutually agreed by the Parties. 13.5. The Steering Committee will adopt the Robert's Rules of Order with respect to its meetings and those of its subcommittees. 13.6. The City has established a finance committee in order to provide advice on financial, procurement and business advisor matters in the development of the Project, a technical committee to provide advice and recommendations on all technical matters related to the Project and a sponsorship committee to ensure tri- government co- ordination. 14. Communications 14.1. All public communications, public announcements, and other public events related to the Project and /or the Project Agreement shall be carried out in accordance with the Communication Guidelines. 15. Indemnification 15.1. Each Party (the "Indemnifying Party") shall at all times indemnify, defend, and save harmless the other Party (the "Indemnified Party") from and against all Claims, charges, matters and things whatsoever and by whomsoever made, sustained, brought or prosecuted ( "Losses ") which are in any manner based upon, occasioned by, -11- 153 attributable to or arising from anything done or suffered or omitted to be done by the Indemnifying Party or one or more of its employees, agents, boards, commissions, departments, contractors or subcontractors, and whether caused by the negligence, omission or error of the Indemnifying Party or one or more of its employees, agents, boards, commissions, departments, contractors or subcontractors, except to the extent that any such Losses are caused by the negligence or willful misconduct of the Indemnified Party or one or more of its employees, agents, boards, commissions, departments, contractors or subcontractors. 16. Confidentiality 16.1. Each Party (the "Recipienf) will hold in confidence any Confidential Information, provided that the provisions of this Section 16 will not restrict any Party from passing such information to its professional advisors, provided such professional advisors are subject to similar confidentiality obligations, to enable it to perform (or to cause to be performed) or to enforce its rights or obligations under this Agreement, and provided further that the Recipient may, subject to obtaining confidentiality restrictions similar to those set out in this Agreement, provide to its professional advisors documents and other information which are necessary for the Recipient's performance of this Agreement. 16.2. If a Party or any of its employees, directors, partners, officers, agents, boards, departments, commissions, representatives or advisors becomes legally compelled to disclose any Confidential Information, such Party will provide the other Party with prompt notice to that effect in order to allow such Party to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co- operate with the other Party and its legal counsel to the fullest extent. 16.3. If such protective orders or other remedies are not obtained, the disclosing Party will disclose only that portion of Confidential Information which such Party is legally compelled to disclose, only to such person or persons to whom such Party is legally compelled to disclose, and such Party shall provide notice to each such recipient (in co- operation with legal counsel for the other Party) that such Confidential Information is confidential and subject to non - disclosure on terms and conditions equal to those contained in this Agreement and, if possible, shall obtain each recipient's written agreement to receive and use such Confidential Information subject to those terms and conditions. 16.4. The obligation to maintain the confidentiality of the Confidential Information does not apply to Confidential Information: a) Which the disclosing Party confirms in writing is not required to be treated as Confidential Information; b) Which is or comes into the public domain otherwise than through any disclosure prohibited by this Agreement; or C) To the extent any Person is required to disclose such Confidential Information by Applicable Laws, provided that such Person shall take all reasonable steps to -12- 154 limit such disclosure and any subsequent disclosure of such Confidential Information. 17. Dispute Resolution 17.1. Except as otherwise provided in this Agreement, any Dispute will be resolved as follows: a) The Parties shall attempt to resolve any Dispute by negotiation thereof between the Parties; b) If, at any time, the Dispute remains unsolved, the matter shall be referred for resolution by way of mediation upon the willingness of the Parties and by providing written notice to the other Party to schedule the mediation. Such a request will include the name of the proposed mediator and, if the Parties cannot agree on the mediator to be appointed within three Business Days of receipt of such notice, either Party may apply to the Court of Queen's Bench of New Brunswick, to have such a mediator appointed. The proposed mediator shall be an individual with at least ten years' experience working in an executive capacity or representing clients in the area of public disputes and /or the related field of the Dispute. The place of mediation shall be Fredericton, New Brunswick, and the language of the mediation shall be English. The mediator's fees, costs, and expenses shall be borne equally by the Parties. The mediator shall be entitled to establish his or her own practices and procedures. Each Party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten calendar days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (New Brunswick), and the mediator's decision shall not be binding upon the Parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the Dispute. The decision of the mediator shall be rendered in a written report, not to exceed five pages in length, delivered to the Parties within ten calendar days following the last of such presentations. The mediation shall be terminated (i) by the execution of a settlement agreement by the Parties; or (ii) by a written declaration of one or more Parties that the mediation is terminated; or (iii) by a written declaration by the mediator that further efforts at mediation would not be useful. C) Subject to Section 17.1(d), if, for any reason, the Dispute has not been resolved as provided in Sections 17.1(a) or 17.1(b), either Party shall provide written notice to the other Party that the Dispute will be resolved by referral to a final and binding arbitration between the Parties pursuant to the Arbitration Act (New Brunswick). The arbitration shall be conducted by a single arbitrator, the place of arbitration shall be Fredericton, New Brunswick, and the language of the arbitration shall be English. If the Parties cannot agree upon the appointment of the single arbitrator within ten Business Days of receipt of the notice to arbitrate, either Party may apply to the Court of Queen's Bench of New Brunswick, to appoint same. The arbitration shall be completed within 45 calendar days after the appointment of the arbitrator. The decision and any award of the arbitrator, including his /her decision as to the costs of the arbitration and who shall bear same, shall be final and binding on the Parties and there shall be no appeal therefrom, The proposed arbitrator shall be an individual with at least ten years' MJKZ 155 experience working in an executive capacity or representing clients in the area of Public disputes and /or the related field of the Dispute. d) Notwithstanding the provisions of the Arbitration Act (New Brunswick), the arbitrator, upon such terms as are deemed by him or her to be appropriate, may allow a Party to amend or supplement its claim, defense or reply at any time prior to the date at which the Parties have been notified of the arbitration hearing date, unless the arbitrator considers the delay in amending or supplementing such statements to be prejudicial to a Party. The arbitrator will not permit a Party to amend or supplement its claim, defense or reply once the arbitration hearing has been scheduled. e) No one shall be appointed or act as mediator or arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either Party. f) The time limits referred to in this section may be abridged or extended by mutual agreement of the Parties, acting reasonably. g) If a Dispute is subject to arbitration, except for any action necessary to enforce the award of the arbitrator, and subject to the provisions of Section 17.1(c), the provisions of this Section 17 are a complete defense to any suit, action or other proceeding instituted in any court or before any administrative tribunal with respect to any Dispute arising under or in connection with this Agreement. 18. Default 18.1. The occurrence of any one or more of the following events shall constitute a Default by the City under this Agreement but shall not be considered an Event of Default unless such Default continues unremedied for (1) a period of Twenty (20) Business Days following the date of receipt by the City of a Notice of Default from RDC or (ii) such longer period as RDC may reasonably determine to be necessary to perform or effect the remedy, provided that the City has demonstrated to the satisfaction of RDC, acting reasonably, that; (i) it is proceeding with all due diligence to effect the remedy; (ii) its actions can reasonably be expected to effect the remedy within a time frame acceptable to RDC, acting reasonably; and (iii) it shall thereafter effect the remedy with all due diligence and within the time frame acceptable to RDC, acting reasonably: a) The City fails to carry out the Project in accordance with the terms and conditions of this Agreement and the Project Agreement; b) The City has submitted false or misleading information to RDC or made a false or misleading representation in respect of the Project, except for an error in good faith, demonstration of which is incumbent on the City, to RDC's satisfaction; c) The City has not complied with any condition, undertaking or term of this Agreement in respect of the Project; d) The City has neglected or failed to pay RDC any amount due in accordance with this Agreement in respect of the Project. 14- 156 19. Remedies Upon Default 19.1, Upon the occurrence of an Event of Default, RDC may, without limiting any other remedy available to it at law, immediately do any or all of the following as RDC, in its sole and absolute discretion, shall determine: a) Suspend any obligation by RDC to contribute or continue to contribute to the Eligible Project Costs in respect of the Project, including any obligation to pay an amount owing prior to the date of such suspension; b) Terminate any obligation of RDC to contribute or continue to contribute to the Eligible Project Costs in respect of the Project, including any obligation to pay any amount owing prior to the date of such termination; and C) Require the City to reimburse RDC all or part of the contribution paid by RDC to the City in respect of the Project. 20. Limitation of Liability 20.1. Neither Party shall be liable to the other under this Agreement for any losses of an indirect, incidental, contingent, special, consequential or punitive nature. 21. Force Majeure Event 21.1. No Party shall be responsible for any Force Majeure Event or by any other cause which is unavoidable or beyond its reasonable control. The Party whose performance of this Agreement is or may reasonably be expected to be affected by a Force Majeure Event shall promptly notify the other Party of the existence of such circumstances and shall use its best efforts to resume and complete performance. Whenever a Party is reasonably certain that such a Force Majeure Event is likely to occur, it shall notify and consult with the other Party as soon as practicable. All time periods for the performance of obligations hereunder shall be extended by a period corresponding to the time period of any delay caused by the occurrence of a Force Majeure Event. This provision shall not excuse RDC from payment of a Milestone Claim and other amounts payable hereunder. 22. General Provisions 22.1. Notices. Any demand, notice or other communication ( "Notice ") to be given in connection with this Agreement shall be in writing and shall be given by personal delivery, commercial courier service, or registered mail (postage prepaid), or by facsimile transmission, addressed to the applicable Party as follows: To RDC: Regional Development Corporation 675 King Street Chancery Place, 3`d Floor P. O. Box 6000 Fredericton, NB E3B 5H II -15- 157 Attention: President Telephone: 506.453.2277 Far-simile: 506.45 3.7988 To the City: The City of Saint John 15 Market Square, Stn Floor P.O. Box 1971 Saint John, NB E2L 41-1 Attention: Common Clerk and mandatory copy to the Project Manager Telephone: 506.658.2862 Facsimile: 506.674.4214 or to such other address, individual or facsimile number as may be designated by Notice given by either Party to the other. Any Notice given by personal delivery or commercial courier service shall be conclusively deemed to have been given on the day of actual delivery thereof, by registered mail, on the fifth Business Day following the deposit thereof in the mail, and by facsimile transmission, on the day of transmittal thereof if given between the hours of 8:00 a.m. and 5:00 p.m. (local time at the point of delivery) or on the Business Day during which such hours next occur if not given during such hours on any day. If the Party giving any Notice knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, such Notice shall not be mailed but shall be given by personal delivery, commercial courier service or facsimile transmission. 22.2. Waiver. Either Party (the "Waiving Party") may from time to time, by instrument in writing and in its sole discretion, waive in whole or in part any Default, breach, non- performance or non - observance by the other Party (the "Obligated Party") of any of the covenants or obligations to be observed or performed under this Agreement. Any such waiver may be retroactive but, in any event, shall only apply and extend to the specific matter forming the subject of such waiver, shall only extend to the Waiving Party and shall not otherwise affect or prejudice the right of the Waiving Party to require the due and strict observance or performance by the Obligated Party of such covenant or obligation thereafter or any other covenant or obligation in favour of the Waiving Party to be observed or performed by the Obligated Party under this Agreement (including in the case of a partial or limited waiver, the observance or performance of that part of such covenant, or obligation not waived thereby). 22.3. Entire Agreement This Agreement, including any documents or instruments incorporated by reference herein, constitutes the entire agreement between the Parties and supersedes and cancels all prior agreements, commitments, communications, understandings, negotiations and discussions, whether oral or written, express or implied, of the Parties with respect to the subject matter hereof. There are no covenants, 158 representations, warranties, agreements or conditions express or implied, collateral or otherwise, forming part of or in any way affecting or relating to this Agreement except as expressed herein. The Parties agree that in entering into this Agreement they have not relied upon any oral or written agreements, representations, warranties, promises, information, or understandings, express or implied, not specifically set forth in this Agreement. 22.4. Assignment. Neither this Agreement nor any rights or obligations hereunder, in whole or in part, may be assigned by the City without the prior written consent of RDC. 22.5. Amendment. This Agreement may not be modified or amended except by an instrument in writing signed by the Parties or by their successors or permitted assigns. 22.6. Relationship of Parties a) No provision of this Agreement shall be construed so as to cause the City, its employees, personnel, contractors, advisors, boards, commissions or agents to be considered employees or agents of RDC or the Province of New Brunswick. b) Nothing in this Agreement shall be deemed or construed to create a joint venture, agency or partnership relationship between RDC and the City with respect to the matters set out herein. C) No Party shall be responsible or liable for the actions of the other Party except as specifically provided herein. No Party will have any right or authority to bind or obligate the other Party in any manner or make any representation or warranty on behalf of the other Party. 22.7. Subject to Appropriation a) Payment by RDC of any amount under this Agreement is subject to an appropriation being made by the Legislature of the Province of New Brunswick with respect to that amount in the fiscal year of the Province in which the liability to pay that amount arises.\ b) If in a fiscal year, the City submits a Milestone Claim less than the amount which has been appropriated by the Legislature of the Province of New Brunswick or that RDC has paid or will be payable by RDC to the City, RDC will, subject to Section 22.7.a) make best efforts to re- allocate the difference to a subsequent fiscal year. 22.8. Survival of Provisions. Notwithstanding any other provision of this Agreement, the provisions of Sections 8, 15, 16, 17, 20 and all others which by their nature would continue beyond the termination or expiration of this Agreement shall survive such termination or expiration and shall remain in force and effect until such time as the Parties may mutually agree to the release of the obligations contained therein. 22.9. Severability If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion . 17_ 159 to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties herein set forth. 22.10. Counterparts This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall be one and the same instrument. This Agreement may be executed by the Parties and transmitted by fax and if so executed and transmitted this Agreement will be for all purposes as effective as if the Parties had executed and delivered an original Agreement. 22.11. Time of Essence. Time shall be of the essence of this Agreement. 22.12. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the Applicable Laws of the Province of New Brunswick and Canada applicable therein. 22.13. Language. The Parties agree that this Agreement and all related documents are to be drawn up and signed in English. Les Parties consentent que cette entente de meme que tous autres documents s'y rattachant soient rediges et ex6cutes en anglais. 22.14. Further Assurances. The Parties shall promptly undertake, or cause to be undertaken, all such further acts and the execution and delivery of all such further deeds and documents as may be reasonably requested or necessary to give full effect to this Agreement and the respective rights and responsibilities of the Parties hereunder. 22.15. Binding Effect. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. [signature page follows] -18- 160 IN WITNESS WHEREOF the Parties have hereunto set their hands and seal by their proper representatives in that behalf on the day and year first above written. SIGNED, SEALED & DELIVERED in the presence of THE CITY OF SAINT JOHN Mel K. Norton, Mayor Jonathan A. Tayior, Common Clerk Common Council Resolution: .2014 REGIONAL DEVELOPMENT CORPORATION Denis Caron, President 19- 161 A. The Project involves the construction of a new water treatment plant (WTP), the construction of new distribution pipelines and associated storage reservoirs. It also requires the upgrade of the City's water network infrastructure, namely, the renewal of some existing distribution pipelines and upgrade of pumping stations, in order to supply its residents with safe, clean, and reliable drinking water for the long -term. Moreover, the Project will meet drinking water standards established by the Province of New Brunswick and the Government of Canada. The WTP and associated treated water storage reservoirs involve the construction of a seventy - five Million Litres per Day facility utilizing a treatment solution and three new eleven Million Litres storage reservoirs at the WTP site. It is envisioned that the WTP will supply residents with treated drinking water that meets and/or exceeds provincial drinking water standards. Upgraded network infrastructure generally consists of constructing new lake intakes, a new transmission line into the WTP, and new transmission and distribution lines throughout the network. The new wellfeld, consisting of new pumphouses and piping, will supply West Saint John residents with groundwater as the new source of drinking water. Rehabilitation and modification include the rehabilitation of existing dams and transmission mains and the modification of an existing pump station. Diagram No. 1 outlines, but is not limited to, the initiatives to be undertaken by the City for the Safe, Clean Drinking Water Project: -20- 162 Consr9irgErgineer, Saint John Water in1,.,. SMO oeegna JRB and BM[ 4 :.prl" JOF srd• NTS CvnFadNo 132g0o lo.:. MAY 2014 —111uNo 10 163 C Qj, p ci 3 z 0 (collectively, the "Initiatives "). A preliminary design has been completed for the components of the work, although, the Project does not preclude Proponents from selecting alternate treatment and/or distribution processes and technologies. One of the advantages of the P3 delivery model is the innovation that occurs by having integrated design, construction, and operations teams working on the design of the Project. Performance -based specifications are therefore being developed that maximize the opportunity for innovation by the Proponents. B. Under the Project Agreement, Project Co.'s responsibilities for the various anticipated scope would include design/ build / finance/ operate/ maintain and design/ build / finance components. The Project Agreement may have a term equal to the Construction Period plus an anticipated 30 years for operations and maintenance of the WTP and associated storage reservoirs. Throughout the operations and maintenance phase, Project Co. will be responsible for energy and chemical efficiency, water quality compliance, routine and major maintenance, achieving a specified residual value of the assets at the end of the concession period, and meeting all other requirements in the Project Agreement. C. PROJECT MILESTONES-ANU PROJECTED DATES Project Approval I November 2013 RFQ Phase 4 Months Issue of RFQ July 2014 Selection of qualified Proponents November 2014 RFP Phase 15 Months RFP November 2014 Notification of preferred Proponent September 2015 Execution of Project Agreement November 2015 Construction Period ?R Months Construction start 2016 Substantial Completion 2018 IOperation and Maintenance Period -_ 2018 — M 2048 (30 years) (collectively, the "Project Milestones "). The Project Milestones and projected dates are tentative only. 164 Z i • . ; � !1= 9 4 I i • Total Project construction costs, set -up costs, and total contribution, as set out in Table B -1 below, are based on the Safe, Clean Drinking Water - Business Case dated July 29, 2013. Table B -1 Cow caiegg ,- No Eligible Construction Costs and Public Sector Implementation Costs Construction costs Interest during construction and financing fees W. Special purpose vehicle costs TechnicaVFinanciaVP3 advisory fees Sub -Total Ineligible Construction Costs and Public Sector Im lementation Costs Debt service reserve account pre -fund Honorarium Legal fees M Sub -Total A Total costs at Substantial Completion _ 232.1 Total EI' ible Costs 229.2 Total Contribution 57.3 • • The following categories of costs are eligible for reimbursement by way of the Financial Contribution: 1. Direct Construction Costs will be based on explicit prices provided by Project Co., to be incurred by Project Co. or its members during the Construction Period, as defined in Project Co.'s financial model, including: a) Costs of construction including permits, all safety requirements pursuant to Applicable Laws, buildings construction, distribution and transmission systems construction, storage reservoirs construction, pump station construction, well house construction, site servicing and other constructions relating to the Project concerning structures and works performed by Project Co.; b) Costs of furniture and equipment; -23- 165 c) Fees paid to non -legal professionals, including project managers, technical personnel, financial advisors, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of infrastructure assets for the Project, and related facilities and structures, and the professional advisors retained by the City for the Project from Partnerships NB (Fred Blaney) and from Suffolk Consulting Inc. (Ian Nethercot); d) Costs of environmental assessment, including permits, remediation activities, mitigation measures and follow -up to any environmental assessment; e) Commissioning costs; f) Costs associated with all Business Case updates subsequent to the initial Business Case report; g) Costs associated with the independent fairness advisor; h) Construction financing costs, including interim financing fees during the Construction Period and the costs of design by Project Co; i) Non - refundable HSTIGST for which the City is not eligible for rebate; and j) Such other direct costs associated with the construction of the Project. (collectively, the "Direct Construction Costs ") 2. Public Sector Implementation Costs which the City has referred to as professional services, will be based on actual costs incurred by the City during the procurement process and Construction Periods, and verified through documentation submitted by the City, including: a) Fees paid to non -legal professionals, including project managers, technical personnel, financial advisors, consultants and contractors specifically engaged to undertake the surveying, design, engineering, manufacturing or construction of infrastructure assets for the Project, and related facilities and structures professional advisors retained by the City for the Project from Partnerships NB (Fred Blaney) and from Suffolk Consulting Inc. (Ian Nethercot); b) Commissioning costs; c) Wellfield Protection Plan implementation costs; d) Communication costs as contemplated in Schedule C; e) Disbursements and expenses; f) Non - refundable HSTIGST for which the City is not eligible for rebate; and g) Such other public sector implementation costs associated with the construction of the Project. 24- 166 (collectively, the Public Sector Implementation Costs ") Public Sector Implementation Costs are limited to a maximum of 15% of total Eligible Project Costs of the Project. r r The following categories of costs are ineligible for reimbursement under this /Agreement by way of the Financial Contribution: 1. Costs incurred after the Final Completion Date; 2. The cost of purchasing land, including associated real estate and other fees; 3. The cost of the City leasing land, buildings, equipment, and other facilities, except, those project costs incurred by Project Co. leasing land, buildings, equipment, and other facilities; 4. Financing charges and interest payments on loans for the operating and maintenance periods; 5. Services or works normally provided by the City, incurred in the course of implementing the Project, except those specified as Eligible Project Costs; 6. The cost of general repairs and maintenance of the existing system; 7. The cost of any goods and services which are received through donations or in kind; 8. Any goods and services costs that are paid by donations or in kind; 9. Employee wages and benefits, overhead costs as well as other direct or indirect operating, maintenance and administrative costs incurred by the City, and more specifically costs relating to services delivered directly by permanent employees of the City, or a Crown corporation, or corporation owned and controlled by the City, except in cases where the City can demonstrate value for money and that the costs are incremental, except those professional advisors services retained by the City for the Project from Partnerships NB, Fred Blaney, and Ian Netheroot; 10. HSTIGST for which the City is eligible for a rebate, and any other costs eligible for rebates; and 11. Legal fees. 25- 167 A. SCOPE These communication guidelines establish the principles and practices that will guide all public communications, public announcements, and other public events related to the Project and/or the Project Agreement. Public communications, public announcements, and other public events may include, without limitation, news conferences, public announcements, or other official ceremonies, and communications products such as speeches, press releases, websites, advertising, promotional material, Business Case, case studies, or signage (collectively, the "Communication Activities ") 2. The first Communication Activity for the Project will be a joint public event with media participation to mark the signing of this Agreement accompanied by a joint news release issued by the Parties (the "First Communication Activity'). 3. Unless otherwise provided therein, the City acknowledges and agrees that any other agreement or instrument related to the Project that is /are entered into by the Parties is /are subject to these Communication Guidelines. 4. The Parties agree that the Communication Guidelines can be best achieved through a collaborative approach amongst the City, PPP Canada Inc., and RDC. The Parties covenant to cooperate fully with each other in applying the guiding principles as set forth in these Communication Guidelines. UnIffelillpi 10 Lcjym ON 5. In respect of the Project, the Parties agree: a) To ensure open, transparent, proactive, and effective communications with the public are achieved through appropriate and consistent Communication Activities that recognize the respective contributions of the Parties; b) To jointly undertake and collaborate on all Communication Activities relating to the First Communication Activity; c) Where a Communication Activity is to be jointly undertaken by the Parties, to provide equal prominence and visibility to both Parties and PPP Canada Inc.; and d) Where a Communication Activity is to be undertaken by only one Party, to properly acknowledge the other Party's and PPP Canada Inc. involvement in the Project in such communications. 6. Notwithstanding the terms of these Communication Guidelines, the Parties acknowledge and agree that the City is solely responsible for all operational communications in respect of the Project, including calls for tender, construction, public safety notices, all notices to residents and others regarding work in the vicinity of the WTP site and other areas affected by the Project. _26- 168 01i IMVRIIRKO ► 1 7. Prior to the First Communication Activity, the City will provide RDC for its review a communications plan demonstrating how the City will undertake all Communication Activities, whether undertaken alone by the City or jointly undertaken with RDC during the term of the Project. In addition, the communications plan will forecast potential Communication Activities, whether undertaken alone by the City or jointly undertaken with RDC, set out anticipated communications other than Communication Activities, and identify communications risks associated with the Project. The City may amend or update its communications plan at any time, and, if so, will promptly provide RDC with the amended or updated copy thereof. 8. Following the First Communication Activity, the Parties will undertake Communications Activities, whether alone by one Party or jointly by both Parties, after funding decisions are made and /or upon completion of key Project Milestones. 9. Either Party may request that the other Party participate in joint Communication Activities. Such joint Communication Activities will: a) Be organized jointly by the Parties and PPP Canada Inc.; b) If required by the nature of the Communication Activity, include mutually- agreed upon messages and quotes from representatives of the Parties; C) Take place at a mutually agreed date and, if required by the nature of the Communication Activity, location; d) If required by the nature of the Communication Activity, involve a designated representative of each Party; and e) If required by the nature of the Communication Activity, be governed by the Table of Precedence of Canada, as established by Canadian Heritage, or other mutually agreed protocol; 10. The City shall provide, whenever available, professional quality audio - visual material about the Project to RDC to support wider communications and case studies about public- private partnerships. 11. All Communication Activities, including any Project - related signage, will reflect the Government of New Brunswick's communications policy. 12. All Communication Activities will recognize that RDC's funding to the Project through the use of the appropriate RDC word mark and /or tagline. D. SIGNAGE 13. The City shall provide and install temporary signage bearing an appropriate inscription indicating the provision of funding by the Province, the City and Government of Canada to the Project. -27- 169 14. Upon Substantial Completion of the Project, the City will provide and install a permanent plaque or sign at a fixed location on the Project site, which bears an appropriate inscription indicating the provision of funding by the Province, the City and Government of Canada to the Project. If there is no appropriate location for signage to be affixed on the Project site, a plaque or permanent sign will be installed at another fixed location agreeable to both Parties. 15. RDC will provide the City with the necessary information to construct any temporary or permanent signage. 16. All temporary or permanent signage will be located in a prominent location on or about the Project site and will be clearly visible to users, visitors, and/or passers -by. 17. The costs of any temporary or permanent signage shall be borne by the City. ► I A :4 4 as] ; 18. Following the execution of the Project Agreement between the City and Project Co., the City will make public the final Business Case report (and each update thereof) prepared in respect of the Project that describes in part the rationale, objectives, and processes that led to the use of a P3 model and how the value for money was measured and is and will be achieved by the City. 19 The Parties shall consult with each other in respect of any proposed Communication Activities. The Party proposing to undertake a Communication Activity shall provide notice thereof to the other Party, which notice will include a detailed description of the proposed Communication Activity and the proposed text thereof, N any, 15 Business Days prior to its undertaking. 20 Within such 15 Business Day period, the Party receiving the notice may review and comment on the nature and contents of the proposed Communication Activity. In the event that a Communication Activity must be undertaken by a Party as a result of, or in response to, a public safety or other emergency event, such Party may provide fewer than 15 Business Days' notice thereof to the other Party, provided that: a) A public safety or other emergency event exists; and b) It has reasonably determined the amount of notice of the Communication Activity to be given. 21. The City will advise RDC in a timely manner on significant emerging media and stakeholder issues relating to the Project. RDC will advise the City, where appropriate, about media inquiries it receives concerning the Project. G. COJT ALLOCATION -28- 170 22. Unless otherwise indicated in this Agreement, the Parties shall each pay their own direct costs (e.g., staff time, transportation, per diems, etc.) associated with the application of these communication guidelines. -29- 171 1. "Agreement means this agreement and all accompanying Schedules. 2. "Applicable Laws" means all present and future laws, statutes, codes, ordinances, licenses, permits, regulations, by -laws, treaties, judgments, decrees and binding judgments of relevant courts of law having the force of law, all present and future official directives, rules, consents, approvals, authorizations, guidelines, orders and policies of any Governmental Authority. 3. "Audits" has the meaning ascribed thereto in Section 8.4. 4. "Business Case" means the business case developed by the financial advisor of the City which provides the project cost estimates for the design, construction, maintenance, operation and lifecycle of the Project, and includes the results of a value for money analysis, sensitivity analysis and affordability analysis and describes the rationale, objectives, and processes that led to the use of a P3 model and how value for money was measured, and is and will be achieved after the City has executed the Project Agreement with Project Co. 5. "Business Days" means a day other than a Saturday, Sunday or statutory holiday under Applicable Laws of Canada or New Brunswick. 6. "Canadian Prime Rate" means that rate of interest per annum established and announced from time to time by the Bank of Nova Scotia as its reference rate of interest for the determination of interest rates that such bank will charge to customers of best degree of credit worthiness in Canada for Canadian dollar demand loans. T "Change in Lard' means the coming into effect or repeal (without re- enactment or consolidation) in New Brunswick of any Applicable Laws, or any amendment or variation of any Applicable Laws, including any judgment of a relevant court of law, board, arbitrator or administrative tribunal, which changes binding precedent in New Brunswick in each case after the date of this Agreement; 8. "City Manager" means the city manager of the City appointed by resolution of Common Council, or his designate. 9. "Claim" means any claim, demand, suit, proceeding, liability, damage, loss, action or cause of action, assessment, reassessment, proposed assessment or proposed reassessment and all costs and expenses relating thereto. 10. "Common Council means the elected municipal council of the City. 11. "Communication Activities" means public communications, public announcements, and other public events, including, without limitation, news conferences, public announcements, or other official ceremonies, and communications products such as speeches, press releases, websites, advertising, promotional material, case studies, or signage. 30 172 12. "Communication Guidelines" has the meaning ascribed thereto in Schedule C. 13. "Confidential information" means all information relating to the disclosing Party which is supplied by or on behalf of the disclosing Party (whether before or after the date of this Agreement), either in writing, orally or in any other form, directly or indirectly from or pursuant to discussions with the Recipient or which is obtained through observations made by the Recipient, all of which relate to this Project, and also includes all analyses, financial documents prepared by the financial advisor of the City, compilations, studies and other documents whether prepared by or on behalf of a Party which contain or otherwise reflect or are derived from such information, all of which relate to this Project. 14. "Construction Period' has the meaning ascribed thereto in Schedule A, Part C — Project Milestones and Projected Dates — Construction Period. 15. "Contribution Limit" has the meaning ascribed thereto in Section 3.2. 16. "Contract' means an agreement between the City and a third party, whereby the third party agrees to supply a product or service to the Project in return for financial consideration. 17. "Default" means an event or condition (including an act or omission), the occurrence of which constitutes or would, with the lapse of time or the giving of notice, or both, become an Event of Default. 18. "Dispute" means any: a) dispute, controversy, or Claim arising out of, in connection with, or relating to this Agreement, including any question regarding compliance therewith, the existence, validity, expiration or termination thereof or the relationship between the Parties created thereby; b) disagreement between the Parties with respect to any matter arising out of or relating to this Agreement; or C) failure of the Parties to agree within the time specified herein or, if no time is specified, within a reasonable period of time, on any matter hereunder that requires the Parties to agree. 19. "Effective Date" means the date upon which the Project was approved for financial support from RDC, being November 21, 2013. 20. "Eligible Project Costs" means those project costs eligible for reimbursement by RDC, as identified in Schedule B, Part B — Eligible Project Costs. 21. "Event of Default' means an event described in Section 18.1. 22. "Final Completion" means, in relation to an Initiative, the total completion of all work in relation to the Initiative, in accordance with the Project Agreement and 31 173 contract documents, including rectification of all minor deficiencies and resolution of all non - conformances which pertain to the work on the Initiative. 23. "Final Completion Date" means the date upon which all Initiatives achieve Final Completion. 24. "Financial Contribution" has the meaning ascribed thereto in Section 3.1. 25. "Force Majeure Event' or "Force Majeure" means the occurrence after the date of this Agreement of any circumstance, occurrence or event beyond the reasonable control of a Party to the extent such cannot be prevented or mitigated by the affected Party, including, without limitation, any of the following: a) Civil war, armed conflict, warlike operation or terrorism, acts of foreign enemies, hostilities, invasion, rebellion, military, strikes or usurped power; b) Nuclear or radioactive contamination of the WTP; C) Chemical or biological contamination of the WTP from any event referred to in item a) of this definition; d) Epidemics or pandemics in New Brunswick, if such epidemics or pandemics have formally been declared to exist by the World Health Organization or the Chief Medical Officer of Health of the Province, which have a direct effect on the water distribution and water treatment, or any other services provided in the Saint John Water, and/or the WTP; or e) A Change in Law, which directly causes a Party to be unable to comply with or perform all or a material part of its obligations under this Agreement, despite the reasonable efforts of the Party claiming Force Majeure to prevent its occurrence or mitigate its effects; provided always that such circumstances, occurrence or event does not arise by reason of: i) the negligence or any misconduct of the Party claiming Force Majeure; ii) any act or omission of the Party claiming Force Majeure in breach of the provisions of this Agreement; or iii) the lack or insufficiency of funds or failure to make payment of monies or provide required security; 26. "Good Industry Practice" means the exercise of that degree of skill, diligence, prudence and foresight which would be expected from a Person skilled and experienced in the design, construction and maintenance of projects similar to the Project, seeking in good faith to comply with Applicable Laws and the Project Agreement and which are consistent with practices which have proven effective and in the design, construction and maintenance of similar water treatment, transmission and distribution infrastructure projects in the past and of comparable size, scope and complexity within Canada. 174 27 "Governmental Authority° means each national, federal, provincial, municipal, local or other government, each governmental, regulatory, administrative, judicial, quasi-judicial or other agency, department, corporation, authority, commission, instrumentality, regulatory body, board, panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi-judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self- regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction, in respect of the Parties, and/or this Agreement. 28. "HST /GST" means the harmonized sales tax or the tax imposed under Part IX of the Excise Tax Act (Canada) or any other federal sales tax, consumption tax, excise tax, value added tax, business transfer tax or other tax that can reasonably be regarded as a substitute or replacement for the harmonized sales tax or the tax imposed under the Excise Tax Act (Canada). 29. "Independent Engineer' means a Person who is qualified and experienced with respect to the design and construction of projects similar to the Project, is currently licensed to practice within the Province of New Brunswick to carry out engineering services, and is independent and impartial to the Parties, the Province of New Brunswick, RDC, PPP Canada Inc., Partnerships NB, and Project Co. 34. "Indemnifying Party' has the meaning ascribed thereto in Section 15.1. 31. "Indemnified Party' has the meaning ascribed thereto in Section 15.1. 32. "Ineligible Project Costs' means Project costs that are not eligible for reimbursement by RDC, as identified in Schedule B, Part C — Ineligible Project Costs. 33. "Initiatives" has the meaning ascribed thereto in Schedule A which is listed in Diagram No. 1. 34. "Losses" has the meaning ascribed thereto in Section 15.1. 35. "Maintenance World' means, in relation to a Project Asset, all work required in conjunction with the maintenance or repair of the Project Asset in accordance with the requirements of the Project Agreement. 36. "Milestones" has the meaning ascribed thereto in Section 3.4. 37. "Milestones Claim" has the meaning ascribed thereto in Section 3.5. 38. "Milestone Payments" has the meaning ascribed thereto in Section 3.4. 39. "Notice" has the meaning ascribed thereto in Section 22.1. 40. "Obligated Party' has the meaning ascribed thereto in Section 22.2. 33 175 41. "P3" means public- private partnership 42. "Person" means any individual, corporation, firm, partnership, joint venture, trust, unincorporated organization, commission, board, Governmental Authority, unincorporated body of Persons or association and any other entity having legal capacity, and the heirs, beneficiaries, executors, administrators or other legal representatives of a Person in such capacity. 43. "Project' means the Safe, Clean Drinking Water Program (as more particularly described in Schedule A) developed by the City in order to modernize and expand its water transmission and distribution system to meet current drinking water standards and safeguard public health. The Project includes the construction of a water treatment facility, infrastructure improvements to the watershed, water transmission and distribution systems, water storage, pumping stations, and a separate industrial water supply. 44. "Project Agreement' means the agreement to be entered between the City and Project Co. in relation of the Project. 45. "Project Assef means any non - movable asset, purchased, constructed, rehabilitated, or improved, in whole or in part, with funds contributed by RDC under the terms of this Agreement. 46. "Project Asset Disposal Period' means the period commencing from the Effective Date and ending 30 years after the Final Completion Date. 47. "Project Co." means the successful Proponent retained by the City in order to fulfill all of the Initiatives under the Project. 48. "Project Manager" means the project manager of the Safe Clean Drinking Water Program designated by the City Manager or the Commissioner of Saint John Water, and includes his designate. 49. "Project Team" means a committee established by the City Manager for the Project. 50. "Projected Completion Date" has the meaning ascribed thereto in Section 3.4. 51. "Proponent" means any entity, including a company, firm, consortium, joint venture or partnership that responds to the RFQ and the RFP. 52. "Public Sector Implementation Costs' means those public sector implementation costs as identified in Schedule B. 53. "Reasonable Wear and Tear' means wear and tear that is reasonable given the use and age of the Project Asset but is still functional and operable, and consistent with reasonable wear and tear that could be expected to exist at premises similar to the Project Asset, operating in a similar environment and similar circumstances and of similar age, but does not include any degradation in the functionality or operability of the Project Asset, such that the Project Asset or 34 176 any element of the Project Asset fails to perform in accordance with the requirements of the Project Agreement and /or is otherwise not in compliance with Applicable Laws. 54. "Recipient' has the meaning ascribed thereto in Section 16.1. 55. "RFP' means the request for proposals for the Project. 56. "RFQ" means the request for qualifications for the Project. 57. "Sponsorship Committee" means the committee established pursuant to Section 13 58. "Steering Committee" means the committee established pursuant to Section 13. 59. "Substantial Completion" and "Substantial Completion Date" have the meanings attributed thereto in the Project Agreement. 60. "Waiving Party' has the meaning ascribed thereto in Section 22.2. 61. "Work' means the work carried out by or on behalf of Project Co. regarding the completion of the Initiatives of the Project. 62. "WTP' means the new water treatment plant to be constructed as part of the Project. 35 177 SCHEDULE E CERTIFICATE OF PROJECT MANAGER TO: REGIONAL DEVELOPMENT CORPORATION RE: Financial Contribution Agreement dated * ** between RDC and The City of Saint John as amended or updated from time to time (the "FCA "). MILESTONE: Milestone Number This certificate is delivered pursuant to Section 3 of the FCA Capitalized words or terms used herein and not otherwise defined shall have the meanings ascribed thereto in the FCA. The undersigned hereby requests payment of the Milestone Payment to which this certificate relates and, in respect thereof, certifies as follows: 1. 1 am the Project Manager and am authorized to deliver this certificate for and on behalf of The City of Saint John; 2. The portions of the Work required to be completed as part of the Milestone to which this certificate relates are totally complete and in strict compliance with the Project Agreement; 3. Payment in full for Eligible Project Costs in respect of the Milestone, in an amount equal to or greater than the amount claimed, has been made by the City, or is due and payable pursuant to the Project Agreement. 4. All conditions to the making of the Milestone Payment to which this certificate relates as set out in the FCA have been satisfied; and 5. No Default or Event of Default under the FCA with respect to The City of Saint John has occurred and is continuing and no such Default or Event of Default would result from the making of such Milestone Payment. DATED the day of , 20 Per: Project Manager 36 178 REPORT TO COMMON COUNCIL October 22"', 2014 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Presentation from Fundy Regional Services Commission BACKGROUND 600 The Qty of Saint john At its meeting of September 29th, 2014, Common Council received a document from the Fundy Regional Services Commission entitled Waste Diversion Report Analysis, which outlined three options respecting waste diversion. Council subsequently adopted a resolution inviting Marc McLeod and Jack Kier to provide a presentation on the waste diversion options. The next available Council meeting date for this presentation would be the November 10, 2014. The Clerk's office was advised the Commission is scheduled to take a vote on the waste diversion options at its meeting of October 28th, 2014. The purpose of this report is to verify whether Council would like to proceed with scheduling this presentation should the Commission adopt a resolution on the waste diversion options at the October 28th meeting. Respectfully submitted, J. Patrick Woods, CGA City Manager Jonathan Taylor, Common Clerk 179 The City of Saint John October 27, 2014 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees The Committee of the Whole, having met on October 27, 2014 makes the following recommendations: Saint John Community Arts Board: to re- appoint Heather White - Brittain for a three year term from October 27, 2014 to October 27, 2017; to appoint Jean Breau, Stephen Peterson, Michael Watkins and Wen Gao each for a three year term from October 27, 2014 to October 27, 2017. Saint John Parking Commission and Saint John Transit Commission: to appoint Michael McGovern for a three year term from October 27, 2014 to October 27, 2017; to appoint Charles Bryant for a three year term from December 6, 2014 to December 6, 2017. Trade and Convention Oversight Committee: to re- appoint Greg Yeomans for a three year term from October 27, 2014 to October 27, 2017 Discover Saint John: to appoint David Drinnan for a three year term from January 2, 2015 to January 2, 2018. Emergency Measures Organization: to appoint the Fire Chief or his /her designate as the Director of the Municipal Emergency Measures Organization (no term limit). Taxicab Advisory Committee: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions Ralph Holyoke and Mack Tobias be re- appointed each for a one year term from October 28, 2014 to October 28, 2015. Sincerely, Mel Norton Mayor q� . f"-r PO gox 1971 &3ijt 1phn, NP C -unda E2L 4L7 I wv►wsaingohn.ci I C..P. 1971 Saint john, N. -B. Canada Fri,AL1 " - 180 The City of Saint John October 27, 2014 Deputy Mayor and Councillors Subject: Saint John City Market — Establishment Change and Recommendation for Permanent Employee The Committee of the Whole, having met on October 27, 2014, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on October 27, 2014, Common Council approve the addition of one (1) permanent full time employee to the Management/Professional establishment for the Manager, City Market. Sincerely, Mel Norton Mayor SAINT x )IINJ P.O. N-m l971 Saitul John, NB Canada E2L41 1 wvviay.saingohll.ca I C.P. 1971 Saint Jahn, NA. Canada E2L4L I •� 181 The city of saint john October 27, 2014 Deputy Mayor and Councillors Subject: Submissions 1 Representations Made Subsequent to a Public Hearing The Committee of the Whole, having met on October 27, 2014, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, having met on October 27, 2014, Common Council directs the Common Clerk, in the event of submissions /representation being received subsequent to the conclusion of a statutorily mandated public hearing held by Common Council, to retain those submissions /representations in the Clerk's records but not make them available to members of Common Council unless requested to do so subsequent to the Council's taking a final decision on the subject of the public hearing, unless the City Solicitor advises that providing such submissions/representation prior to the final decision is appropriate from a legal perspective; and further that the author of any such submissions/representation be advised by the Common Clerk of the foregoing direction. Sincerely, Mel Norton Mayor ( J� - ,ijx4 :"' X 1 ltd` PO. Box 1971. int John, r t..�o��Ai EA 41-1 I wrnewf.�. 411john.ca I C:.P 1971 4alr�t J��l2r�, Ri, -9. � in,zda F2L4i 1 __..r- 182