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2015-09-28_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, September 28, 2015 6:00 pm Council Chamber Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&re communale 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 section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Request for Presentation 1.4 Land Matter 10.2(4)(d) 1.5 Proposed Agreement 10.2(4)(c) 1.6 Proposed Agreement 10.2(4)(c) 1.7 Legal Matter 10.2(4)(f,g) 1.8 Financial Matter 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 2. Approval of Minutes 2.1 Minutes of September 14, 2015 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date — November 9, 2015 (Recommendation in Report) 5.2 Saint John City Market — Lease of Space — Stall 15 (Recommendation in Report) 5.3 2014 Annual Report (Recommendation in Report) 5.4 Land for Public Purposes Trust Fund Application Kiwanis Playpark for All Children (Recommendation in Report) 5.5 Saint John Industrial Parks — Update to Council (Recommendation: Receive for Information) 5.6 Fundy Soccer — Request for Sponsorship (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 World Mental Health Day — October 10, 2015 7.2 World Ostomy Day — October 3, 2015 8. Delegations / Presentations 8.1 The NEB Regulatory Process — How it Works, What to Expect 8.2 Saint John Energy LED Presentation 8.3 True Growth Economic Update to Council 9. Public Hearings — 6:30 pm 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment — 655 -765 Latimore Lake Road 11. Submissions by Council Members 11.1 Ridesharing ByLaw (Councillor Norton) 11.2 FCM Update (Councillor McAlary) 12. Business Matters — Municipal Officers 12.1 2015 Priority Setting — Progress, Objectives and Next Steps 12.2 Cedar Point Subdivision Infrastructure Improvements 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Land Exchange with Province Wellfield Property (rear of Island View School) for City Land Adjacent to Havelock School 17.2 Light Emitting Diode (LED) Municipal Street Lighting Conversion Agreement 17.3 Contribution Agreement for Saint John City Market Funding with Atlantic Canada Opportunities Agency 18. Adjournment The City of Saint John Seance du conseil communal Le lundi 28 septembre 2015 18 h, Salle du conseil Comit6 pWnier 1. Ouverture de la seance Si vous avez besoin des services en frangais 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 /comit6 prendra une ou des d6cisions a cet 6gard an cours de la s6ance publique 16 h Salle de conf6rence, 8e 6tage, hotel de ville 1.9 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.10 Question financiere — alin6a 10.2(4)c) 1.11 Demande de pr6sentation 1.12 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.13 Projet d'entente — alin6a 10.2(4)c) 1.14 Projet d'entente — alin6a 10.2(4)c) 1.15 Question juridique — alin6as 10.2(4, g) 1.16 Question financiere — alin6a 10.2(4)c) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la s6ance tenue le 14 septembre 2015 3. Adoption de 1'ordre du jour 4. Divulgations de conflits dint& is 5. Approbation du conseil 5.1 Date pr&vue dune audience publique — Le 9 novembre 2015 (recommandation figurant au rapport) 5.2 Marche municipal de The City of Saint John — Location de fetal no 15 (recommandation figurant au rapport) 5.3 Rapport annuel de 2014 (recommandation figurant au rapport) 5.4 Demande en vertu du fonds en fiducie visant les terrains d'utilit& publique — Parc de jeux Kiwanis pour TOUS les enfants (recommandation figurant au rapport) 5.5 Saint John Industrial Parks — Mise a jour devant le conseil (recommandation : accepter a titre informatif) 5.6 Fundy Soccer — Demande de commandite (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ&e mondiale de la Sant& mentale — Le 10 octobre 2015 7.2 Journee mondiale des stomies — Le 3 octobre 2015 8. Delegations et presentations 8.1 Tout sur le processus reglementaire Energie Est de 1'Office national de 1'6nergie (ONE) et attentes connexes 8.2 Saint John Energy — Pr6sentation sur les diodes 6lectroluminescentes (DEL) 8.3 Pr6visions 6conomiques sur la croissance r&elle — Mise a jour devant le conseil 9. Audiences publiques —18 h 30 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal — Du 655 au 765, chemin Latimore Lake 11. Interventions des membres du conseil 11.1 Arret& de covoiturage (conseiller Norton) 11.2 Mise a jour relative a la Federation canadienne des municipalit&s (conseillere McAlary) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Etablissement des priorit6s de 2015 — Progres, objectifs et prochaines &tapes 12.2 Amelioration de l'infrastructure du lotissement Cedar Point 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. Correspondance generale 16.Ordre du jour supplementaire 17. Comite plenier 17.1 Echange de biens -fonds dans le cadre du Programme de protection des champs de captage (a 1'arriere de 1'ecole Island View) pour un terrain municipal adjacent de 1'ecole Havelock 17.2 Entente de conversion des eclairages des rues municipales aux diodes electroluminescentes (DEL) 17.3 Entente de contribution pour le financement du Marche municipal de The City of Saint John conclue avec 1'Agence de promotion economique du Canada atlantique 18. Levee de la seance 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 14, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Trail, City Manager; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; S. Brittain, Solicitor; C. Graham, Acting Commissioner of Finance and Comptroller; P. Ouellette, Executive Director; D. Booker, Sgt. -at -Arms; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. Call To Order Mayor Norton called the meeting to order. 2. Approval of Minutes On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on August 31, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Update — Preparation for the Forthcoming National Energy Board (NEB) Energy East Regulatory Process; and, 16.2 Update on Flooding in the City of Saint John (Councillor Farren). Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Fullerton declared a conflict of interest with item 16.1 Update — Preparation for the Forthcoming National Energy Board (NEB) Energy East Regulatory Process 5. Consent Agenda 5.1 That the letter from the Saint John Jewish Historical Museum regarding a request for support for the 2015 Saint John Jewish Film Festival be received for information. 5.2 That the letter from New Brunswick Environmental Network regarding a request for support for an upcoming conference be received for information. 5.3 That the open letter from concerned New Brunswick Groups regarding Borehole Testing Off of Redhead Road, be received for information. 5.4 That the letter from A. Sutton regarding Dominion Park be received for information. 5.5 Refer to Item 14.1 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 5.6 That as recommended by the City Manager, Common Council approve the amended Schedule "A" to the 2014 -2019 Collective Agreement between the City and CUPE Local 18, as set out in a report from the City Manager to Common Council dated September 14, 2015, and authorize the Mayor and Common Clerk to execute same so that it may replace the version of Schedule "A" that was approved by resolution of Common Council dated June 22, 2015. 5.7 That Common Council approve the creation of the policy P.R.O. Kids —Third Party Fundraising Policy as outlined in the submitted report. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.5 which has 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 7.1 National Coaches Week - September 19 -27, 2015 The Mayor proclaimed the week of September 19 -27, 2015 National Coaches Week in The City of Saint John. 7.2 Recovery Day - September 17, 2015 The Mayor proclaimed September 17, 2015 Recovery Day in The City of Saint John. 8. Delegations /Presentations 8.1 Saint John Theatre Company Presentation D. Turner and S. Tobias outlined highlights from the 25 year milestone of the Saint John Theatre Company. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the presentation entitled, 25 Years of Theatre, be received for information Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 10. Consideration of By -laws (Councillor Strowbridge withdrew from the meeting) 10.1 Proposed Rezoning — 30 -40 Galbraith Place — Third Reading with Section 39 Conditions On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -10 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 1.7 hectares, located at 30 -40 Galbraith Place, also identified as PID numbers 55210751 and 55210744, from Medium Industrial (IM) to Corridor Commercial (CC), be read. Question being taken, the motion was carried. 3 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 The by -law entitled, "By -Law Number C.P. 111 -10 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 pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 1.7 hectares, located at 30 -40 Galbraith Place, also identified as PID Numbers 55210751 and 55210744, be subject to the following condition: a. Before any additional development of the site is undertaken, the proponent shall submit a traffic impact statement to the City indicating that such development can be accommodated by the existing street network in a manner satisfactory to the Chief City Engineer. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Deputy Mayor Rinehart RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -10 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 1.7 hectares, located at 30 -40 Galbraith Place, also identified as PID numbers 55210751 and 55210744, from Medium Industrial (IM) to Corridor Commercial (CC), 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. 111 -10 A Law to Amend the Zoning By -Law of The City of Saint John ". 10.2 Proposed Rezoning — 100 Watson Street and 304 -306 King Street W. — Third Reading with Section 39 Conditions On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -11 A Law to Amend the Zoning ByLaw 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 2554 square meters, located at 100 Watson Street and 304 -306 King Street West, also identified as PID numbers 00361535, 00361386 and 00361394, from Neighbourhood Community Facility (CFN) and Mid -Rise Residential (RM) to General Commercial (CG), be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 111 -11 A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED, that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2554 square metres, located at 100 Watson Street and 304 -306 King Street West, also identified as PID numbers 00361386, 00361394, and 00361535, shall be subject to the following conditions: a) The use of the site shall be restricted to a restaurant and wedding chapel within the existing building; b) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating all buildings, parking areas, driveways, loading areas, 11 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 freestanding signs, exterior lighting, mainline power poles, concrete curbing, landscaped areas, exterior building finishes and other site features. The approved site plan and building elevation plans must be attached to the application for building permit for any part of the development; and, c) All work shown on an approved site plan must be completed no later than one year after permit approval. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 111 -11 A Law to Amend the Zoning ByLaw 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 2554 square meters, located at 100 Watson Street and 304 -306 King Street West, also identified as PID numbers 00361535, 00361386 and 00361394, from Neighbourhood Community Facility (CFN) and Mid -Rise Residential (RM) to General Commercial (CG), 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. 111 -11 A Law to Amend the Zoning By -Law of The City of Saint John ". (Councillor Strowbridge re- entered the meeting) 11. Submissions by Council Members 11.1 2015 Budget Year (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that changes or reductions impacting service delivery, staffing, and approved projects, be brought forth to the attention of Council before implementation and being made public. Question being taken, the motion was carried with Councillors Farren and Norton voting nay. 11.2 Federal Candidates (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Council direct the Common Clerk to schedule a meeting with each Federal Candidate offering for the Saint John seat in the upcoming Federal election. Question being taken the motion was defeated with the Mayor and Councillors Merrithew, Reardon, Norton, Strowbridge and Fullerton voting nay. 12. Business Matters - Municipal Officers 12.1 Elevating Devices Replacement - City Market Pedway On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -165: Elevating Devices Replacement - City Market Pedway: • Common Council authorize staff to issue a tender for contractors interested in replacing the elevating devices in the City Market Pedway as per option 3 concept design; • Staff engage City Market tenants regarding the proposed concept design for the replacement of the elevating devices in the City Market Pedway; and, 5 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 • Common Council allocate additional $120,000 to the replacement of the elevating devices in the City Market Pedway. Question being taken, the motion was carried. 13. Committee Reports 13.1 Sponsorship Program Development Next Steps The Mayor advised Council that Mr. Bill MacMackin has offered to work on a Sponsorship Program for the City on a pro bono basis, thereby avoiding the costs of the submitted proposal entitled, Sponsorship Program Development Next Steps. The Mayor suggested he would explore the matter with Mr. MacMackin and have Mr. MacMackin report to Council. On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that item 13.1 Sponsorship Program Development Next Steps be tabled. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Contract No. 2015 -25: Crack Sealing 2015 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -186, Contract No. 2015 -25 - Crack Sealing be awarded to the low tenderer, Classic Construction (2012) Ltd. at the tendered price of $70,625.00 (including HST) as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Councillor Reardon voting nay. 15. General Correspondence 16. Supplemental Agenda (Councillor Fullerton withdrew from the meeting) 16.1 Update — Preparation for the Forthcoming National Energy Board (NEB) Energy East Regulatory Process The Fire Chief advised of the opportunity that Mr. Caron will bring to the NEB Intervenor process. Mr. Caron was former chair of the NEB, has expertise and represented the interests of Canada. N. Jacobsen advised Council that to optimize the project and to mitigate risks, such as public safety and land use planning, Mr. Caron will be a resource to prepare for the regulatory process. All intervenors have a say in the regulatory process. On motion of Councillor Merrithew Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report, Update — Preparations for the Forthcoming National Energy Board (NEB) Energy East Regulatory Process, Common Council: 1. Approve the retention of Gaetan Caron as per the Professional Consulting Services Agreement from JEMF -X Inc. (Attachment D), and authorize its execution by the Mayor and Common Clerk. X 98- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 14, 2015 /LE 14 SEPTEMBRE 2015 2. Request that the Common Clerk schedule an opportunity for Gaetan Caron and the City's NEB Working Group to present to Council on September 28, 2015. Question being taken, the motion was carried with Councillor McAlary voting nay. (Councillor Fullerton re- entered the meeting) 16.2 Update on Flooding in City of Saint John (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the Commissioner of Transportation provide an update on the projects to address flooding issues in the City of Saint John. Question being taken, the motion was carried B. Edwards provided a verbal update on the flooding that occurred in the City on Friday. The City has committed $21 million commencing in 2009 to address flooding. The storm of 2009 caused 186 flooded basements. The recent storm with almost identical rainfall resulted in 6 flooded basements, 4 of which were not caused by the storm. 17. Committee of the Whole 18. Adjournment On motion of Councillor Farren Seconded by Councillor Strowbridge RESOLVED that the meeting of Common Council held on September 14th, 2015 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:05 p.m. Mayor / maire Common Clerk / greffier communal 7 'KET'LEPORT TO COMMON COUNCIL M &C -2015 -196 September 21, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date —145 Loch Lomond Road, 85 Whitebone Way, 28 -30 Richmond Street /91 -101 Prince Edward Street, and 55 McDonald Street n City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Greg Harris 145 Loch Lomond CL R2 To permit the Road building to be converted to a two -unit dwelling Greenstar 85 Whitebone Way IM Sec. 39 To permit an auto Recycling Ltd. Amendment wrecking yard The Resource 28 -30 Richmond CM CG To recognize an Centre for Street/ 91 -101 Prince existing commer- Youth in Edward Street cial parking lot Greater Saint John (TRC) Saint John Free 55 McDonald Street US Public Library By -law Text Amendment and Sec. 39 Amendment To permit a library in the existing transit garage building With regard to the application of the Saint John Free Public Library, a portion of the subject site (former portions of Tiffany Street) is owned by the City of Saint John. Therefore, it is necessary that Common Council authorize the Saint John Free Public Library to make the application. rn M & C — 2015— 196 - 2 - September 21, 2015 RECOMMENDATION: That Common Council: 1. authorize the Saint John Free Public Library to make application for zoning by- law and Section 39 amendments with respect to the City -owned portion of the property located at 55 McDonald Street, being PID numbers 55189948, 55189955 and 319939; and 2. schedule the public hearings for the rezoning, by -law amendment and Section 39 amendment applications of Greg Harris (145 Loch Lomond Road), Greenstar Recycling Ltd. (85 Whitebone Way), The Resource Centre for Youth in Greater Saint John (TRC) (28 -30 Richmond Street/99 -101 Prince Edward Street), and the Saint John Free Public Library (55 McDonald Street) for Monday, November 9, 2015 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, *JaZueiine Hamilto n, MURP, MCIP, RPP ner Growth and Community Development Services Jeff Trail City Manager JH /r 9 r M &C 2015 -191" -, September 17, 2015 His Worship Mel Norton And Members of Common Council },at city oFwdw. Aa Your Worship and Councillors: SUBJECT Saint John City Market - Lease of Space — Stall "15" BACKGROUND Black Douglas Holdings Ltd. (dba Sagrati's) has not had a formal lease since August 31, 2011; rather they have been an overholding tenant. Since March of 2014, staff of the City Market and Facility Management have been attempting to negotiate fair lease terms with the Owners of Black Douglas Holdings Ltd. Following almost twelve months of meetings, conversations and correspondence, lease terms have been agreed to in principle by both parties. Black Douglas Holdings Ltd. hopes to continue leasing stall "15" together with the adjacent bench space, cooler space and basement space, which is approximately Five Hundred and Seventy Eight square feet (578 ft2) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick. Black Douglas Holdings Ltd. intends to operate continuously, actively and diligently for the sole purpose of a quick service food vendor with specific covenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate in that it will maintain the current utilization of said space. ANALYSIS Black Douglas Holdings Ltd. has been a leasing tenant in the Saint John City Market since 2006, has been compliant regarding rental payments and is familiar with the protocols which govern the City Market and tenants. Black Douglas Holdings Ltd. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. FINANCIAL CONSIDERATIONS The proposed Lease (attached) is highlighted by a term of three years with rent that ranges from $32.50 per square foot (psf) in year one to $33.50 psf in the third year, increasing year over year to reflect a forecasted increase for the consumer price index. The proposed rent is believed to be appropriate based on the size, accessibility of space, and the location of stall. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre- authorized debiting. Staff of the City Market, Facility Management Department, Legal Department, and the Finance Department have all reviewed and contributed to this report. 10 Report to Common Council Page 2 of 2 Saint John City Market - Lease of Space , Stall "15" Your City Manager recommends: 1) That Common Council enter into a Lease with Black Douglas Holdings Ltd. for stall "15" together with the adjacent bench space, cooler space and basement space in the City Market under the terms and conditions as set out in the Lease submitted with M &C 2015 -191; and 2) That the Mayor and Common Clerk be authorized to execute the Lease. Respectfully submitted, C/e - Kevin Loughery Manager, City Market Cathy Grahar ,`CPA, CGA Acting Commissioner, Finance and Administrative Services Jeff Trail, City Manager 11 Form A19 LEASE Standard Forms of Convevanaes Ac4 S,N.R. IM, c. 5-12, s.2 The parties to this Iease are. The City of Saint John, having its City Bali at 15 Market Square, Saint John, New Brunswick, a body corpor to by Royal Charter, confirmed and amended by Acts of the t egislative Assembly of the Province of New Brunswick, the "Lessor" -and— Black Douglas Holdings Ltd., having its registered office at 357 Nonis Road, Saint Jolui, New Brunswick, E2N 1 G7, a duly incorporated company doing business under the registered business name "SagratiIs ", the -Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form part of this Lease. The -Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: 3 years Date of Commencement: May 1, 2015 Date of Termination- April 30, 2018 Payment Dates: First day of each and every month during the term hereof Place of Payment: Cashier's Office City Hall Saint John, NS Thin lease contains the covenants and conditions which are attached and set out in Schedule ..C" DATED a,�.n f 1 2015. SIGNER, SEALED & DELIVERED in the presence of a6t( IA AW t, GC et i 1Yi.' �t!!hri'4tSSi07.7 crk�if�'S Clro-rn'--r 2i, 2015 12 THE CITY OF SAINT JOHN Mayor Common Cleric Common Council Resolution: .2015 BLACK DOUGLAS HOLDINGS LTD. Per: smmuL OUTSIDE 13 I '�7y4w Window Qa: _� Cooler A3 A2 �, m 40 sq. ft. o o ir) m to 2 N STALL 15 ay 6 N 1 � —a�4 •� Al 353 sq. ft, y IV a 3' -0,�r 0 iblUMt1 iolUMl'lu In n I 1a 16'- 11JY4" Lease Line ID Face of Concrete PEDESTRIAN AISLE i+ Front of Unit At Roo Unit At FSoor Front of Tabls ' Cooler 131 E12 1 11 sq. ft. 28 sq. ft. N of Wooden Posts Between stalls Face of Brock Lease Line ,i Lower Level o r Storage I o C 136 sq. ft. Fence Name and Address of Space: City Market, Sagrati's Saint John, N.B. I hereby certify that the rentable area as shown above is Ground Floor A42 Square Feet Date, Apr. 17, 2014 Scale., 1"=5' Lower Level 136 Square Feet HUGHES SURVEYS & CaNSULTAN" INC. Saint ,Sohn. N.B. I ace "Xmber, r12 -227 an i mAMF&Malr. owe satMM pefen 9r• K.s.a A. G!m- ne.sE(t) 13 m Ground Floor Lower Level LEASE FOR STALL SPACE CI'T'Y MARKET BLACK DOUGLAS 1101-DINGS LTD./SAGRATI'S SCHEDULE "C" ARTICLE DEF n'IIONS 1.01 Definitions In this lease., a) '-Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the term of this Lease. save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's genus] contractor_ Any certificate provided by the Architect and called far by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03. d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market whriob from time to finte arc not designated or intended by the Lmor to be ]eased to tenants of the City Market, and those weas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and wbicb are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foreb-oing, Common Areas includes all parking arras, all entrances and exits thereto and all structural elements thereof access roads, truck courts, driveways. truckways, delivery passages. the roof exterior weather wally, exterior and interior structural elements and bearing walls in the building and improvements comprlsutg the City Market, package pick -up stattoas, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, etecmral, plumbing, drainage, any- central system for the pro=vision of heating, ventilating or air conditioning to leaseable promises or any enclosed Common Areas and ail otber installations, equipment or services located tbartdn or related thereto as well as the structures housing installatious, including but not limited to all open and enclosed malls. courts and arcades, public seating and service areas, corridors, fumiture, first aid and/or information stations, audrtorta, conference rooms, nurseries, childcare play areas and related kitcbm and storage facilities, ebralatas, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P,L" [Weans the Consumer Prim Index (All Items) far Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) publisbed by Statistics Canada (or by any successor thereof or tiny other governmental agency, ineludmg a provincial agency); 1) "Atrium Seating/Food Coeur" means those pntti"ns of the Comrrmor, Areas designated by the L4*sor from time to time for use in support of the operations of any group of premises prrAiding quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection Facilities and other areas, faeilitie; and - quipment intended for such nose; g) "HST" means harmonized sales taxes, value -added taxes, multi-stage taxes, business transfer taxes or other similar taxes however they ate characterized and any taxes in lieu tberrcor; h) "Hazardous Substances" means any contaminant, pollutarrt, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to oe hazardous toxic, contaminants or pollutants in or pursuant to aoy applicable federal, provincial or municipal statute, by-law ct regulaCton; W111 [case ter Self Space— City trlarka Black Douglas Holding, IAOSagrai's SchediL. "C" -F%912- i) "Less[.' includes the Lessor nd its successors and assigns; j) " Lesse" means this indenture of lase and includes an;' riders and schedules hereto and shall also include any agreement- entered into which have the effect of amending this indenture from time to time; k) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hcmf. Save as mrntiovod below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the stttactural ceiling. ff the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundanes of the Leascd Premises extend from the top surface of the structural - ,ubflc or to the height of the demising walls; 1) "Lease Year shalt mean a period of time commencing an May la and ending on April 30" of the foltowin� year; m) "Gross Rent' means the annual Gross Rent payable by the I esser pur-maut to Section 3.01; n) "Operating Costs" means the total cast and expense incurred in awning, operating, maintaining, managing and administering tit, City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership Was levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the f w-or; gardening, and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cloamng, snow rernoval, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and mointem mce for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; Raalarirs and benefits of all supervisory and other personnel employed in connection with the City Market and management office mart imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the aty Market, whether such casts be Taxes or other type of costs; the costs and expeascq of earironmental site reviews and investigations, removal andlor clean -up of hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of supplies used in the maiattaance and operation of the City Market and the Common Areas; accounting and audit fees imarnred in the preparation of the statements rultured to be prepared and supplied by the Lessor under the temrs of this Lease; heating, ventilating and air conditioning of the Common Areas, all re it us and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures. equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in winch they are incurred, from the earlier of the date when the crest was incurred or the Comrrraw rnent Date, at rates on the Carious items determined from time to time by the lessor in accordance with sound accounting principles; o) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the }..ersed Premises and the denominator of which is the Rentable Ares of the City Market; P) "Rent" means all Cures Rent and Additional Rent payable ptirsnaat to the terms of this Lease; q) "Rentable Area of the Leased Premises" [[team the area expressed in square feet of all floors of the leased Premises measured firm: i. the exterior face of all exterior walls, doors and windows; ii. the exterinr face of all interior wails, doors and windows separating the ceased Promises from Common Areas; if any; and iii, the centre line of all interior walls separating the Leased Premises from adjoining leasable premise,;. The Reatcble Area of the Leased Premises includes all interior space whether or riot occupied by projections, structures or Columns, structural or nonstructural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable .Prey of the I eLswed Premises. 15 [.east Air Stall Srace —Qty Ntuict Blade Douglas Holdings WJSagr. ti's $Cbedtrie'C" "ftg`3- r) "Rentable Area of the City Market" merns the area in square feet of all rentable premises in the City Market get aside for leasing by the Lzsxr from tame to time, execot for any occupancy as designated by the Lessor for which there is no Grose pent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in ,r-pect of such Operating Costa from the occupants of any of the areas excluded from the Rentable Area of the City Market in accmdance with this definition- Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories: the Rentable Ares of that category will be included in the Rentable Area of the City Market; s} "Rules and Regulations" means the rules and regulations adopted and promvigated by the Lessor from time to time acting reasonably, including those listen on Schedule "D' t) "City Marlct:t" means the lands and premises known by the civic address 47 Charlotte Street, Saint Join, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements. equipment and facilities erected thereon or situate from time to time therein; u) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or anypart thenaof or upon the Lessor b) reason of its ownership of the City Xarket, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taking authority as a result of the Les3ce's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest iner by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes Shall include any Interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (h) ice, profit or excess profits taxes of the lessor, v) "Lessee'' moans the party named as lessee in this Lease; std w) "Term" means the period referred to in Section 2.03. ARTICLE 11 GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements heteinaft reserved and contaiced on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee team from the Lessor. the Leased Premises. The Leased P.emrses are presently designated as Stall No. 115" (353 ftr , Benches "8l" (l1 fir) and "82 (28 fe); Storage "A3 (10f1); Cooler Space "A2" (do ft) and Basement Storage Space "C" (136 It) and are shown on Schedule "A" attached hereto and contain a Rentable Area of approximately Five Hundred Seventy- Eight Square Feet (578 tits) which is comprised of approximately four Rundred Two Square Feet (402 fir) of leaseablo retail rues, Forty Square Feet (40 ftaj of cooler space and One Hundred ThfrtySitt Square Feet (136 ft) of basemen spa-c. 202 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all oilers entitled thereto of the Common Arias, subject however, to the terms and cou&dons of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and doing the tats of Three (3) years to be computed from May 1, 2015 and fully to be completed and ended on April 30, 2018 save as hereinafter provided for earlier termination. PROVIDED THAT if them is any Lessor's Work or Lessee's Work to be performed prior to the La` see opening for business in the Leased Premises or the Leased Promises are ontarpied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of a) Dirty (30) days after the Lessor has delivered vacant pons &vsion of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such thirty (30) day period, be completing its work.; or 16 Lease for Stall Space - C'ty &%Ir rt Slack [busts iiuldhr, LtdJSagrad's Schedale''C- • Page; - b) the opening by the Lessee to the public of its business in the Leased Prentises. Notwithstanding any change in the Commencement Date calculated in accordsmce with the preceding provisions hereof, the Tarns shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for iu this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the lessee that the Leased Premises are available for the commicncement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of thirty (30) days after receipt of such notice or until the Lessee operas for business to the public in the Leased Premises, free of the payment of Gross dent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Prer;arses during the period of such fixb-riM, and shall during the period from the giving of such notice until the Commencement Date be a mount in the Leased Ptcaiises sutlject to the same ooveuants and agreements as are remained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee far any reason, including but not limited to the bolding over or retention of possession of any other lessee or oecunant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, than the time for commenccutent of the Tenor shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Reut (except that Rent shall not commence to be payable until possession of the Leased Promises is given by the Lessor to the Lessee) nor shall the validity ofthis Lease of the parties' respective obligations hereunder be affected. However, if the I maor does not give vacant possession of the Leased premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability tc the other. Forthwith, upon the Commencement Datc being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessors usual form. The Lessee shall pay all Gross Rent and Additional Rent calculated on it per diem basis, from the end of the rent free period to the last day of the month in which the Commencemenn Date occurs and therm ier all payments of Rent shall be made on the first day of each month ttuoughout the Term unless otherwise specified herein, ARTICLE III RENT AND DEPOSIT 3.01 Gross Trent The Lessee shall pay annual Gross Rent to the average amount of Thirty -Three Dollars (;33.00) per square foot of leaseebie retail area of the Teased Premises. The Gross Rem shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Bate Retail Space Cooler Space Mezzanine S ace Basement S ace 1 $32.50 $19,99 0 $2.06 2 $3100 $19.99 0 $2.06 3 $33.50 $19.99 0 $2.06 Year Retail Space Cooler Space MezMake space Bit"Ment S ace 402 40 0 136 Year Month Year Month Year Month I Year I Month 1 $13,065.00 $1,088.75 5799.60 $6663 $0 $0 $280.16 1 $23.35 2 J $13,266.00 $1,105.50 $799.60 $66.63 $0 $0 1 $260 16 1 $23 3S 3 $13467.00 $1122.25 $799.60 $66,63 $0 SO 1 $280.16 1 $23.35 17 ILm for Stall Space— City Market rnvk I]om a.4 Holdinp tpn ,'S4g1' Fs Saedult -C . _1aEc9. 3.03 Deposit Th,, Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply tower& the payment of Gross Rent for the titre and last months of the Term except that the Lei%of may apply all or part of the amount retained for applicdtion towards the last month's Gross Real as compensation for any lass or damage arising front the breach by the Lessee of any provisions of this Leap.. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breeches by the lessee of this Lease. If the lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the f assee will, upon notification by ,he lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied The Lessor will not be required to pay interest to the Lessee on any if the amounts paid io the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor'- interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its intere -t in the deposit except in connection with a permitted 'liansfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the perautted °Pransferee as of the date of the Transfer. 3.04 Pre - Authorized Payineats The Lessee shall participate in a pro-authorized payment plan whereby the .Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rem payable on a mottbly basis, std, if applicable, generally any dmouut payable provisionally pwmtant to the provisions of this Least on an estimated basis. Tire Lessor shall sign a form of application which is the some or similar to Schedule "D-l", or as may be required by the Lessee's bank, credit union or other fitmncial institution. AR7UCLE IV TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by tba Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the Ievying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay. without any deduction, abatement or set-off Whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the xrm and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fail due during the Tent, together with imeresi on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as alien or charge against the Leased Premises or that it hoc been paid as such by the Lorene; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in itx opinion shall deco° advisable (which proceedings or other steps takm by the Lessee shall be conducted diligently at its own a pence and find of expense to the Lessor) any and all Taxes levied, assessed or imposed upon at against the Leased Premises or Taxes in lieu thereof required to be prod by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be sustiended to preserve or perrect the Lessee's contest, then the contest shall not be under taken without there being first deposited with the Lessor a sum of money ,qual to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taus upon ronclusion of the contest and all costs thereof that may be tropused upon the Lessor or the Leased Premises. AnY costs in Lease fm Stall Space — City Merkur Black Douglas Holdings crddSagrad s Schedule "C' -I age 6- associ4ted with an appeal undertaken. by the Lessur, the Lewee shall pay their proportionate ;liars of such costs; e) The Lessee upon requost of the Lessor will promptly exhibit to the Lessor an paid bills for Taxes which bills after inspection by the Lessor &half be returned to the Lessee. 4.43 HET Payable by Lessee The Lessee shall pay to the Lector all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times Trquired by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the L"sor of any service under this Lease, but shall be dwratJ to be Rent and the T tenor shall have all of the came remedies far and rights of recovery of such amounts as it has ror recovery of Rent under this Lwtse. If a deposit is forfeited to the Lessor, or an amount becomes payable to drr. Lessor due to a default or as consideration fora modification of this Leasr, and the applicable legislation deems apart of the deposit or amount to include HST, the deposit at amount will be increased and the ixiexcase paid by the Lessee m that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee sbail pay to the lawful tnicing authorities, when the same becomes due and payable. a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V 5.01 utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Lewd Premises, tits Lessee sbali pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VF MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association") is fortned comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already beat fbimed, the Lknee shall forthwith become a member thereof and the Lessee shall retain its membership iu such Association during the entire Term and [shall abide by all rules, regulations, by -laws, decisions, dtreolions, dues and assessments -if the Association. Such Association shall in no way afrect the rights of the Lessor and any by -laws, rules and regulations of such Association shelf at all limes be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shell pay to the Lessor an amount equal to 6 °A of annual Gross teeth be paid in twelve (12) monthly instalments each instalment payable on the 1" day of each month during the Term. 19 L=e for SuU Spam —City Market Black irougtac ttoldiug.lRdAnratr's schedute "F'" . Pego 7 . ARTICLE VII CONDUCT OF BUSINLSS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively aad diligently for the sole purpose of a quick service food vendor selling the follov&g: soups, salads, chili, gourmet sandwiches on pits or baguette, tall breakfast menu, it hot daily meal special, hummns, drinks including soda (pop), smoothies, milksbakes, coffee and tea, and desserts including cheesecake, cookies and muffins. Brand name gourmet products subject to approval and Canadian kitchen accessories; the latter limited to 10% of selling space. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name °Sagrati's" and will not change the advertised name of tht business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines- or offer new services to its customers without first obtaining the written consent of the Tensor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold itf consent if the introduction by the Lessee of Such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Least shall: (t') confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7,01; nor (ii) prrmnt the Lessor from leasing any other premises in the City Marlon to any other tenants) carrying an a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises ?nrrsuant to this Section 7.01. b) The Lesser acknowledges that its continued occupancy of the Leased Premises and the regular conduct of bkmness therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenanta in the City Market. The lessee therefore covenants and agrees that throughout the Tenn it rvril occupy the entire Lessed Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element 'bracing the Lessor to execute this Lem. The Lessee fiuther agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein autborized and allowed, the 1 erase will be in breach of the Lessee's obligations under the Lease, and them, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other tights which it may have under this Lease or at lac., to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupv ire Leased Premises from and alter the Commencement Date and thereafter shalt conduct continuously and actively the business set out in Section 7.0 1, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall; a) operate its business with due diligence .std efficiency and maintain an edoquate staff to properly serve all customers; overt, install and keep irk good order and condition tine from liens or rights of third parties, fixtures and equipment of first class quality, and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premisw consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time .squires or permits and at no other time. However the Lessee is 20 Lem P-r stall Space- OL,, Mmkat Black r aU&F. Huldinfe Lrd Say"nti'B &h^tlule 'C- _pwg_ not required or permitted to cant' on its :msincss during any period prohibited by any law regulating the hours of business. if the Lesseo fails to open on the Commencement Date or during the days andlor hours require.; by the Lesser, then is addition to all other amounis of Retu payable under this Lease the Lessee shall pa- w Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, era amount equal to two hundred fifty dollars (.1,250.1x1) per day for each and every day that the Lensm is in default. When not open for business the security of the leased P.Mises is the sole r.sponsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and steep the display windows and signs (if any) it, the Leased Prcmiwe well -lit during the hours the Lessor designates from time to tune, acting reasonably; d) stock in the Leased Premises only merchandise the 1,essee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts masonably required for the Lessee's business in the Leasers Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the deltvery of goods to the Leased Premises; t} not allow or cause to be committed any waste upon or damage to the Leased Premiees or any nuisance or other act or thing wbich disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys arty third party, or which may damage the City Market; g) not allow or cause to be done any sot in or about the Common Area or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the CityMarket; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the (eased Premises at any time without the prior written consent of the lessor, i) use the name designated for the City Market by the Lessor from time to time and ah insignia or other identifying names and marks deaignated by the Lessor in connection with the advertising ofthe business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such namea, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the l eased Promises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or cm anv exterior wails of the Leased Promises or in any of the Common Areas. Any such instt.liation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as 4dditionai Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or am outsidr, of tbe Leased Premises without the prior written consssrtt of the Lessor. If the Lessee uses any such equipment without mWviog the prior wtitlen consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all dump as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity ofany utility. electrical or mechanical faailitieq in the Leased Premises or of which the lessor bas not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if thry are available elect to install them at the Lessee's expense end in accordance with plans and specifications to be approved in adv^nee in writing by the Lessor; m) not bring upon the Leased Promisee any machinery, equipment. article or thing that by reason of its weight, size or use, might in the opinion of the Lossor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, "mpment . article or thing shall be subject to removal by the Lessor witbout notice at any time and such removal shall be done and all damages as a result thereof 21 lease for Stcll Sp-ce— City Markel Slack Douglas tioldiuw UA,Sagrau s schsdolc C" -PS6Vg. shall be made good, in each case, at the cost of the Less•.c, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal lawp pertaining Lo or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leaned Premises, or the making of any repairs, replacement.-., alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of o ny insurance underwriters in respect of the insurance maintained by the Lesser in respect of the City Market, mid carry out all modifications to the ].eased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 PrOdbited Activities a) The Lessee acknowledge.- that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The F essor shall have the right to cause the Lessee to discontinue and the Lessee shall thereagam £arthwith discontinue Ow We of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or vhieb the Lessor, acting reasonably, determines is not directly related to the business set out is Section 7.01, The Lessee will not allow or cause the use of any part of the Leased Promises for any of the fi lowing businesses or activities: i, the sale of secondliand goods or surphis articles, insurance salvage stock, Eire sale stock or bankruptcy stock- ii. the sate of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk We (other than a bulk sale trade to an assignee or sublessee pursuant to a permitted assigmucixt or subletting her nder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, beesuse of the merchandising methods or quality of opeMon likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Mmktet or harm or Lend to barm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Marltot or tend to confuse, deceive_ mislead or be fraudulent to the public; or v, a mail order business. save and except for dulse and maple products or u department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leered Premises and operate ita business in a manner so that no part of the Leased Premises or surrounding lands are used to generate,rnatrafhotmr, refine, treat- transport, store, handle, dispose of, transfer, produce or proem any Hazardous Substance, e,ccept in strict compliance with all applicable federal. provincial and municipal stadrvs, by -laws and regulations, including, without limitation, environmental, land use and oocupadional and health and safety laws., regulations, requirements. permits. statutes, ]* -laws and regulations. Further the Lessee hereby covenants and agrees to ndeannify and save harmless the Lessor and those for whom the Lessor is im Jaw responsible from any and all loses, costs. claims, damages, liabilities, expenses or injuries caused or oontributed to by spay }Hazardous Substances which are at any time located, stored or incorporated m any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's empettse, payable as Additional Bent within fiRaen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. 22 TxvSe for SrA Space - City Madwt rilaek Douglas Holdings UdA rari's Schedule I:' -Page. 10- ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The lessee shell not make arty ahorations, additions er improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures; shades or awnings or wake any Changes to the store front without fuvt obtaining the Lessor's written approval and oonscnt The lessee shall present to the Lessor plans and spe,:ifications in JbM content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee eove*rants that any work that may be done in respect of the Leaked Premises by or on behalf of the Levee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding attytiting herein contained, the Lessee shall malts no alterations, additions or improvements that are of a structural nat= or that would lessm the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee -s behalf by agreement under this :.case shall immediately upon installation or affixation become the property of the Lessor without compensation titetefor to the Lessee, but the lesser shall be under no obligation to repair, maintain or insure die alterations, decorations, additions or improvements. Such aherations, decorations, additions and improvements shall not be rived from the ]eased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Leiser, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior enuxnces and all glass end show windows) and all partitions, doors, fixftrw, equipment and appurtenances thereof (including lighting, hating and plumbing fxiores, and the electrical and mechanical systems) in good orde , condition and repair (meluding periodic painting ar redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leered Premises is good repair and condition). All sfaresaid maintenance, repairs, restorations and replacements shall be in quality and close equal to the original work or irgtallations. &03 Signs, Awnings, Canopies The Lessee win not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awwng or canopy or advertising: matter or other thing of any Mud, and will not place or maintain arty decoration, lettering or advertising matter on the glass of any window or door of tht, Leased Premises without first obtaining the Lessor's mitten apptoval and consent The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettermg, advertising matter or other thing as may be apprm-ed in good condition said repair at all times, and in ad&= to the foregoing, the lessee shall maintain any signs or displays of its goods or wares which maybe seen from the exterior of the Leased Premises in a manner which is in keeping with the climpoter of the City Market of which the Leased Premises norm a part and which is designed to enhance the business of die Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair. reasonable wear and tear only eccepted. Without limiting the generality of the fmugoiug, at the expiration or earlier termination of the Term the Lessee Anil surrender the Leased Premises in the snore condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the i eased Premises- Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor The Lessee's obligations to observe or perform this cov Rant shall survive the expiration or Sarliier termination of the Term of this Leasr. 23 tn,:h a for Stall Space — City me xEt Black Dwgla.• Holdinp 'ad .:'Sastati's Schedule "C" - Pagctl- 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof is registered or filed against a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premise %. by an? person claiming by, through, under or against the Lessee or its contractors or subcontractors. if such a lien or charge or notice thereof is registered or filed and the Lessee fail: to discharge it within five (5) days after written notice from the Lessor, the Lessm may di- charge it by paying the amount claimed to be due into court or duectly to the claimant and the Lessee will pay to the Lessor as Additional ]tent on demand all costs (including legal foss) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15%) tbaeon. 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulat ions. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations Notice of such amendments and supplements;, if any, shall be given to the Lessee, and the Lessee agrees thereupou to comply with and observe all such amendments sour supplements, provided that no Rule or Regulation shall contradict any provision of this Lasse. The Lessor shall not be responsible to the Lessee for non - observance or violation of any of the provisions of such Rules and Regtilatious by any other tonant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be utider no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a pan - discriminatory manner. 8,07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, rnoC bearing walls and structural columns and beano of the City MatiteL K however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, f rvihees, aoppIiers agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15%) of such costs. 8.08 Control of City MarW by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality ofthe foregoing, the Lessor has the right in its Control, management and operatioti of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems_ provide supervision and policing services for the City Market; close all or any portion ofthe City Market to such extent as may in the opinion ofthe Lessor's counsel be legally Sufficient to prevent a dedication thereoit or the accrual of any rights to any third party or due public; grant, modify and terminate emeartcnts or other agreements pertaining to the use and maintenance of all or any part ofthe City Market; obstruct or close off all or any part of the City Market for the pu*nose of maintenance, repair or conshution, employ all personnel, including supervisory personnel and managers necessary for the operation, ma nWomre and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, enwiairimient and structures designed for retail selling or spatial features or promotional actiaiiic,; designate the areas and entrances and thr times in, through and at which Ioading and unloading of gods shall be tarried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions ofthe City Market designate and specify the kind of container to be used for garbage and refuse in the manner and the times and plates at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market prawors or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost), from time to time ebangc the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any pan thereof; construct otber buildings or improvements in the City Market send make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be «dvisable for the more efficient and proper operation of the City Markel. Notwithstanding anything to the contrary if as a result of the exercia.e by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the lessor is not subject to any liability nor is the Lessee entitled to any compensation or 24 }rase for Stall Space — Cdv Markel Block Arruglas Hnklingc t rd.,Sngrali s StltCdare C • pr.ae 12 - diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or it breach of anyoovencnt for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Letter or its authorized repr+z utati+,ev emir the Lased Premises at reasonable times W i. examine them; ii. make permitted or required repairs alterations, improvements or additioz+.s to the Leased Premises (including the pipes, conduits, wiring, ducts, coiumos and other installations in the Leased Premises) or the City Market or adjacent property_ or sit. excavatr land adjacent or subjacent m the Leased Premises; in each case (to the extent reasonably possible is the circumstances) without unreasonably interfering with the.Lessec-s business operations in the Leased Premises, and the Lessor may take material iota and on the Leased Premises for those purposes. Rent will not abate or be *educed while the repairs alterations, inapnovemeuts or additions are being made, fhe Lcmr will take reasonable stops to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (b) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective [cants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises. at any time, when for any reason ea entry therein shag be necessary or permissible, the Lessor or the Lessor's agents may enter the some by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any matmer affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, bouww-. shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided, ARTICLE LX INSURANCE AND INDEMNITY 4.01 Lessee's Insurance a) The Lessee shall throughout the Tway at its own cost and expeom take out aril keep in full force and effect the following instnaace: i. All -risk insurance upon property owned by the Lessee or fur .which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market aM an amount of not less than fhe full replacement cost thereof; ii. Comprehensive General Liability with mintimnm limits of at least Two Million Dollars ($2.000,t?00.00) or such h.gher limits as the Lessor may reasonably .-.quire from time to time. T* policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; C) C�mtraetuai Liability with respect to this Lease; f) Premises, Property and Operations; g) Completed Operations: h) A Cross Liability Clause; 25 t.eme R - Stall 5aaco - ^_qy Maaket Black Douglas Hold!-T.n tM 'Saemi's sewuls "C' _ rase 13 - i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide my other form of insuance as the Lease= or the Lessor may reasonably require from time to time in form, in amount& and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and reeognize.-1 insurere acceptable to the Lessor and shall be in a form : artiafactory from time to time to the Lemot. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insur%pn". All policies shall contain an undartaking by the insurers to notify the Lessor hi writing not less than thirty (30) days prior to any material change, cancellation or termination thereof, c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the L. -ssar and should the Lessee not rectify the situation immediately alter written nv6m by the 1 essor to the Lessee, the Lessor has the right without assuming say obligation is connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Iuerease in Insuremee Preminin The lessee will not allow or cause anything to occur in tha Leased Prentisea which shall cause any increase of premium for any insurance on the Leased Premhses or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. 1f the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or of any insurance policy upon the Leased Premises or the City Madmt or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lasso, the Lessee shelf forthwi$t remedy or rectify such use or occupation open request to do so in writing by the lessor, and if the Lasso shall fail to do so within twenty-four (24) hour of such written request, the i assor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee lhable far any damage or loss resulting from such cancellation or refusal, or the Lessor pray at its option determine this Lease forthwith by heaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determinatior of the Lease, and together with an amount equal to the Gross ]tent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possesvon of the ceased Premises, a schedule issued by the organization waking the insurance rate on the Leased Promises, showing the various components of such rate, shall be conclusive evidence of the several items and charges v4dch make the fire insurittm rate of the Leased Premises. Bills for such additional premiums shall be rendered by the, Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof aball be deemed to be and be paid as Additional ]tent. 9.03 'Loss or Damage The lessor shall not be liable for any death or injury arising from or out of any occurrence hn, upon, at or relating to the City Market, or damage to property of the Lessee or of others located ou the Leased Premises, nor shall it be responsible fur any loss of or damage to say property of the Lessee or others from any cause whatsocever, except any such death, injury, loss or damage results frorr, the negligence of the Lessor, its agents, sere M or employees or odtrr persons for whom the lessor is is law responsible. Without limiting the generality of the foregoing, the lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, cicntricity-, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes. appliances, plumbing works, roof o. subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in tae City Market or by occupants of aajacent property thereto. or the public, or caused by construction or by any private, public or quasi - public work All property of the Lessee kept or stored on tba leased Premises shall be. so kept or stored at the risk of the lessee only and the Lessee shall indemnify the lessor and save it harmless from any claims arising out of any damages to the same, including, wit] out limitation, any subrogation claims by the Lessor's insurers In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damp to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or carporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply ofany utilities to thoTeaaed Premises. 26 [.ease for hall Spa" City Marko/ 8130, namatas iiaidinm Ud.lS &W's Scbedvle "C' _ Page 14- 4.04 Indemnification of the Lessor The Lessee will indetnuify the Lessor, and save harmless from and against any and all claims, actions. damages, liability and expense in connection with loss of life, personal injury and/or damage to pmperty arising from or out of any occurrence in, upon or :t the i..oe;.ed premises, the occupancy or use by the Iessee of the Leased premises or any part thereof, or occasioned wholly or irk part by any act or omisrion of the Lessee, its agents. contractors, employees, servant-, licensees; or concessionaires or invitees. In case the Lessor shall, without fault on its part, be trade a patty to any litigation commeaeLd by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAIMAGE, DESTRUCTION AND E"ROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have oi3act: a) if the Leased Premises. are rendered partially unfit for occupancy by the Lessee, Gross Kraft only shall abate in pan July, in the proportion that the part of the Leased Premise! tendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premaiws arc rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspo oiled iti either event until the day following a reasonable period (taking into account the extent: of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt tmd/or repawtcd or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at it% option laminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or tiaronge and in the event of such notice being so given this Lease shall cease and become troll and void from the date of such destruction or damage and the Lessee t :hall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent sball be apportioned and shall be payable by the Lessee only to the date of such destruction or damage sad the Lessor may re-enter and repossess the Leased Premises discharged of this Lease; if the Leased Premises are capable of being rebuilt and/or repaired or restored within 780 days of the happening of such damage or eestrucAtia or if within the period of thirty (30) days referred to in Section I0.01(b) the Lessor shall not give notice terminating this Lease, the lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the a -tern of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's wail[ and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the panics as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Pretenses; and (iii) due completion of repairs, 10.02 Tote€ or Partial Dcstruchon of City Market In the event 11at a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or tither cause, or in the event the costs as estimated by the Lessor ofrepairing, restoring or rebuilding will exceed by 5250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Lease/. Premises may be unaffected or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and slier said xcurrenee, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon ft third (3'd) day after such notice is given, and the Lessee shall vacate the leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shail be limited to an amount equal to the amount which the 1 essor collect: under any reatal income insurance. 27 t "xa fw S=an Snag.- city tied, a B12ck t?ouglas Italdings Ltd. aagn ti'x Scbedule'C' - post tS- 10.04 Expropriation Awards The Lessor and the Lessee will eo- operate with each other if there is an expropriation of all or part of the i_eased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor., and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to thi-, intention. ARTICLE :i1 STATUS STATEMENT, SUBORDINATION AND A.TTORNMENT 11.01 Status Statement Within fif teen (13) days after request, the Lessee will sign and deliver to the Lessor a status statement or = fmaM stating that this Least is in fall force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been pad, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the partttulars, and any other m5ki -atlon required by flue patty requesting it. 11.02 Pourer of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authorit;- to execute and deliver in the name of the Lessee any instruments or "rtif=tes required to carry out the intent of Section 11.41 which the IPSSee shall have failed to sign and deliver within fifteen (IS) days after the date of a written request by the Lessor to execute such histturnents. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Duetted 'Transfer" means, (i) an assignment, sale, con veyance, subl ease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or atherMse), or in a partnership that is a Lessee under this Lease, (iii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance ofthis Lease or the Leased Premises or any part of them. or of any interest in this Lease or of a partnership, ar partnership interest, where the partnership is a Lessee under thin Lease, (iii) a parting with or sbaring of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment bequest inheritapre, operation of law or other dispositim or by subscription of all or pert of the corporate shares of the Lessee or an "affiliate" (as that tam is defined on the date of this Lease under the Canada Business Corporations Aa) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meeaings corresponding to the definition of Trandbe' set out above, (it being understood that for a Transfer described in clause (iv) the Transferor iw the person that has effective voting control before the Transfer and the Transferee is the person that has c0 active voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statuary prcM*nt to the contrary, Lessar's consent shall not be deemed to have been unreasonably withheld where Lessor refit-,es consent to a Transfer within twenty -four (24) months of either the t_.ommneneement Dare or a previous Transfer. Without limiting the geaentlity of the forego'tt►g, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with i. There is no default of the obligations of the Lessee wider this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer aww the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof M [rase for Stall Space-- City.lancer lilac': Dooglas Holdings t.Ed: Sagtati's Sohed-le -C- - Pagei6- N. The Transferee, except in the case of a Transfer described in Section 12.01(iv), shalt have assumed in writing Ath the Lessor the due and punotual performance and obs rvance of all the a& cements, provisions, covenants and conditions hereof on the Lessee's part to h. performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfix may include, without l imitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line ofbusiness, and the nature of the business practices of the proposed'[ ransferee. The consent by the lessor to any Transfer rhall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained.. Notwithstanding any Transfer, the I.esme shall remain fully liable under this Lease and shall not bereleasea from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lesso,'s consent to the Transfer shall be payable by the Lessee on demand as Additional Rent, 12.03 No Adv-rtising of leased Premises The Lessee shall not print, publish, post_ display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or fur sale or otherwise advertise the proposed Salk or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any te:.t or format on other grounds, any text or format proposed by the Lessee shall not contain any refercuco to the reams rate of the Leased Premises. ARTICLE Xiii DEFAULT OF LESSEE 13.01 Right to Re- !Enter ilk a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee skU be in default of any of its covenants, obligations or agreements under this Lease or of any term or eoaditton of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of Stbeen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requitin the saint. to be remedied; then ana in any of such cases the then current month's Rent togedw with the Rent for the three (3) mou is next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith ne -enter upon the Leased Premises or am pert thereof in the time of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute at law to the r mirary notwithstanding, provided however, that such forfeiture shall be wholly without erejudiee to the right of the Lessor to recowx arrears of tent or damages foz any antecedent default by the Lessee of its Covenants, obligatiom or agreements under this Lase or any term or condition of this Lease and proviaad fimtber that notwiaman ling any such forfeiture the Lessor may subsequeandy recce er from the Lessee damages for loss of Rat suffered by reason of this Luse having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods attd charnels and trade fixture- and apply the proceeds thereof to Rent clue under the Lease. 13,02 Right to Re-Let Should the Lessor elect tr re-enter, as herein providod, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by iav-, it may either terminate this Lease or it may from ttmr to time without terminating this L ease, make such situations and repairs as may be necessary in order to re -let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the 29 t'.ea,e for Stall Space -City .' 90rket Black Dozen Holdings ttd; Sagtau's Schedule's"' •Peg..17- Lessee for such term or terms (which may be for a term extending beynad the Term of this Leas:) and at etch rental or rentals and upon ,uch ether term and conditions as the Lessor in its sole discretion may detm advisable; upon each re- letting all rentals received by the Lescor from such re- letting shall be ?],plied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor, second, to the repayment of any reasonable cost;; and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder, if such Rent received from such re- letting during any month be less than that to be paid during that month by the l xasee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated ana paid m^ntitly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach Should the Lessor at any time terminate this Lease far any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased P.- rinses, and including the worth at the time of sucb termination of the excess, if any, a. the amount of Rent and charges equivalent to Bent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Tam hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. in determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the anmusl Rent for each year of the unexpired Team shall be equal to the greater of (a) the average annual Gross Rent and Percentage Rent payable by the lessee from the Commencement late to the tune of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Root which would have been payable during rise calendar year in which this Lease was terminated, prorated over at full calendar year, if regnmed 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Promises, for the recovery, of Rent or any other amount due under the provisions of this Lear, r, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be eeiablished, the Lessee shall pay to the Lessor all expenses incurred therefor, inehiding reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seizad or taken in execution or attsclunent by any creditor of the Lessee or if a receiver, interim receiver or recriver and manager is appointed for the assets or business of the Lessee or if the Lessee shell make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent &btors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shaft without the written consent of the Lessor become and remain vacant for a period of Stun (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if tim Leaser shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or say of them from the Leased Promises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on. the Leased Premises subject to distress to satisfy the Rent above due or accruing dne, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become clue and be paid and the Lessor may re-enter and take possession of the Leased promises as though the Lessee or the servants of the Lessee or any otter occupant of the Leased Premises were holding over aftor the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lesser, become forfeited and determined, and in every one of the eases above such *oceleratrd Rent shall be recoverable by the Lessor in the satne manner as the Rent hereby reserved and if ]Lent were in arrears and the said option shall be deemed to have beau exercised if the Lessor or its agents given notice to the Lessee as provided forherein. 13.05 Lessor May Perform Lessee's Covenants If the Lessoe shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from tier e. to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose nay do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an admmislrative The equal to fifteen (15%) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as.Additional Rent. 30 i eam for stall space - C9cy Marken Black Daagtas Holding t.tdAxgati's Scheduler "C'' - Page 19 - 13.0o VI aiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable nde of law. (a) none of the inventory, furniture, equipment or other properly at any time owned by the Lessee is er -empt from distress; and (b) no lack of compliance v- ith any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes anears of Rent at the time of the distress. 13,07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof whether allowed at law or expressly provided for in this Lease. No such remedy will be "clusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any owe or more of such remedies independamtJy or in combination. ARTICLE X V MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Terra hereby granted, and the Lessee shall be deemed to be occupying the Leased Promises as a Lessee from month to month at monthly zest payable in advance on the first day of each month equal to the sum of i, one and one half (I V4) times the Gross Rent payable during the last month of the Term: and ii, one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Tenn; and otherwise. upon the same terms and conditions as are sat forth in this Lease, except as to duration of Term, and any right ofreriewal mutatis mu,andis. 14.02 Successors This Lease applies to the sucemots and assigns of the Lessor and, if Article X11 is complied with, the heirs, executors, administrators and permitted succesaars and permitted assigns of the Lessee. If there is more than one party framed as Lessee, they are jointiv and severally liable under this Lease, 14.03 Wsdver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a wailer of such term, covenant or condition or of any subsequent breach of the: same or of any other term, onventmt or condition hexem contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, cove=t or condition of this Lease, other thtm the failure of the Lessee to pay the pa knilar rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, terra nr condition of this Lease shall be deemed to have been waivea by the Lessor, unless such waiver be in writing by the Lessor. 14.014 Accord and Satisfaction No payment by the Lessx or receipt by the Lessor of a lesser amoumt than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any latter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such :heque or payment without prejudice to the Lessor's fight to recover the balance of such Rent or pursue any other remedy in this Lease provided, 14.05 Entire Agreement This Lease sate forth all the cgvenants, promises, agreements, conditions and understandings between the Lessor and the Lessee x=ftring the Leased Premises and there are no covenams, premises, agreements conditions or representations , rather oral or written, between them other than are herein and in the said schedulas and rider, if any. set forth. Except as herein otherwi+ma provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless mduced to writing and signed by them. 31 t.eeae h- Stall Slwee— City muri.H Black DWSI f Hollings Ud.'Sava4's Schedule "C .Pagely- 14.05 No Partnership The Lessor does nod in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or othcry -, orioint venturer or a member of a joint enterprise with the Lessec. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by mason of strikes, lock -outs, labour troubles, inability to procure materials, failure ofpower, restrictive goventmental laws or regulations, riots, insurrection, war or other reason of a like stature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such a ^t shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the prodisions of this Section 14.07 shall not operate to excuse the lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this lease, nor entitle thn ]..&safe to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the lessor shall be sufficiently given if dlkwed personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor aL CIO 'Me Common Clerk, The City of Saint John, P. 0. Box 1971, 15 Market Square, Saint John, New Brunswick, UL 4L1, with a copy to Facility Management Division, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint Iohn, New Brunswick, E21- 4Ll, and any notice herein provided or permitted to be giver[ by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice or if transmitted by tolecopi&r or if mailed in Canada registered and postage prepaid, addressed to the Lessee at the Leased Premises at 357 Norris Road, Saint John, Neer Brunswick, E2N 1G7. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that time is pout delivery following the day on which such notice is mailed, as the one may tae. Bither patty may at any time give notice in writing to the other of any change of adtimas of the party given such notice and Gum and after the giving of such notice the address therein specified shall be deemed to include any request, slat merit or other writing in this Lase provided or permitted to be given by the Lessor to the Lessee or by the Lemm to the Lessor. If there is more than one patty named as Lessee, notice to one shall be deemed sttlficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the ]tent. Including all Additional Rent, at the office of the Lessor specified In Section 14.08 or as such place or places as the Lessor way designate frnm tint& to time by notice in writing: currently to the Cashices. Office, City Hall, P. O. Box 1471, 15 Market Square, Unt John, New Brunswick, E2L 41.1. 14.10 Approval to Writing Wherever the Less&s consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 1.4.11 Governing Law The Lease is to be governed by and ctmsttued according to the haws of the Ptnvirm of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appeasing in this cease are inserted only as a matter of convenience and in no was' define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way af%ot this Lease. 14.13 Partial Invalidity If any tern, covenant or condition of this Lease or the application thereof to any person or circumstance shall. to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or eimumstamoes other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each Ietm. covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permittea by law. 32 L -,e for Stall Space —City Mpt -•et Black Douglas Holdinss L.W.SS ti's 6tbedula " C" .PAFgp. 14°14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Leasc: became; effective as a Lease only upon execution, and delivery thereof by the Ltbssor and the Lewce. 14.15 Time To Be of the Esseace Time shall be of the essence ofthi Lease. 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment, 14,17 Riders and Schedules Schedules attached hereto form pact ofthis !.rasa. 14.18 Basement Storage Space Whets the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee aclmowledges and agrees that water and sewer lines are located within the basement area of the leased Ptemisea and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or tether cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement Tres of the Leased Premises, it does so at its own risk and the Lessee hereby releases and indemnifies and saver hffimless the Lessor from and against any and all manner of actions, sails, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of hreakage, blockage, overflow or otbw problem of the water or sewage lines. 33 SCIIEDL -LE "D" RULES AND REGULA'T'IONS 1. All loading and unloading of goods shall he done only at such times, in the arras, and through the eammces, debignsted f-r such purposes by the Landlord. 2. The delivcr} or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the leased Premises and/or the City W -ken. 3. Ail garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television. telegraphic or trlep'hone or similar device and no baler pipe, gas pipe or olectric wire shali be installed or connected without obtabAng in each instance the written consent of the landlord All such connections shall be installed in accordance with the Landlord's direction and without finch avvction no boring or cutting for woes or pipes sball be permitted 5. The Tenant will be required to retrain open for business as follows: a. Stalls shall be open fir business at at] times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. B. The plumbing facilities sball not be used for any other purpose than that for which they arc intended, and no foreign substance of any kind WWI be thrown Therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a nationally recognized pest nte"nivation contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written cortseot of the Landlord. 9. Except as permiocd in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Promises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall tie obstructed or used by the Tenant, its officers, agents, servants, eoployees, contractors, customers, inAtees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without fast obtaining the consent in writing of the Landlord. In giving sucb consent, the Landlord shall have the right in its sole discretion, to prescrtbe the 'weight permitted and the position thereof. and the use and design of planks, skids or platforms to distnbule the weigla dweo €. All damage done to the City Market by moving or using any such safe, heavy equipment or fonnitu,-e shall be repaired at the expense of the Tenant. The moving of all equipment and the fumiture shall occur only during those hours when the City Market shall not be open for business or any otber time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises an situated must do so during hours the City Market is staffed by City Market employees_ The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours'. The L md1ard is under no rasponsfbility for failure to enforce ibis rule. 13. The Tenant shall not plate or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which those rules and regulations are annexed. 34 SCHEDULE "D" RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall l.esmit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand wckc, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such niher safeguards as the Landlord shall require. I7. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 19. Except as permitted in the tease to which tbece rules and regulations arc annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the L.mndlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obshnct the common areas adjacent to the Leased Premises. 22, The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23, The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place tits garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc, to the stands (including signs). 25_ Merchandise. displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed betwom the top and bottom meat book bars. 27. Displays underneath the stands must be set up 6' offthe floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be plated over merchandise on stands witlrotrt the prior approval of the Landlord. 29. Sigrtage is to be is keeping with the historic character of the City Market and must meet the following criteria: mat-.d-&: Wood and motel ate considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. InteraalIy- illuminated plastic faced boa signs Kull not be acceptable; Number of Signs: Each tenancy will be permitted one beach-top sign on each bench (7'- 0" length). or one projecting sign on each aisle-side that identifies the business by name and type, Bench -top Signs: These signs are the preferred primary form of sihnage. They most be located Ito 2 inches above the top rail of the beach, and should display the business name. They will consist of a 81' hign by b' -0" long narrgw band of material with the lettering prktad, painted, composed of individual raised letters, or lettering cut into the material and pointed a contrasting colour, The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fay wed in place. They Phall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only rue per tenancy per aisle aide shall be permitted as Business identifications; Lighted Signs: Not permi8od'. 'temporary Signs: Any numbex of signs advertising goods for sale, specials, etc. shall be permitted They may not exceed 8.5" x 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the butch. 35 SCHEDULE- 0 Pre - Authorized Debiting Form Formulaire d'autorisation de NwneINom; ril0eumat baacaire sutomati ue The City of Saint John is pleased to be able to The City of Sault John est heureuse d'otl7ir offer City Market Tenants a monthly debiting aux locataires du marchtt municipal, ,payment option for payment of City Market rant. l'option de payer par prGimment bancaire talettsuel automatique leer toyer du march6 '1'A'= i+kiiii k k2-** i* ikkiiktF# tl9kiFlk*' RR�ok'. 4ktFA` WRtFllilFir * :*i *i#k}ii#ahiyr}y�y, municipal. We hope that the form is self-explanatory, Now esp6rons que cc formulaire est Clair, however, please call us if you have any questions. toutefois si vous avez des questions, P.O. Boat 1973, Saint John, NB, 92L 42-,1, n'li&itez im ii noun appeter. (546) 652 -1969 1 (566) 652-1967 Please fill in and return this form to The City of Saint John Billings and Collecttons office with a VOID cheque (for account verification purposes). Venillez remplir et tetournrer lepr€ mat formalaire au bateau de Is facturation et de la perception do The City of Saint Joint aver tin chl4uc portant la mention <rA► (aux fins de vbrification du oompte). VWe, I Jeinous, NwneINom; Address / Adresse : Province: Postal Code Ci / Ville r 1 Code t2l : '1'A'= i+kiiii k k2-** i* ikkiiktF# tl9kiFlk*' RR�ok'. 4ktFA` WRtFllilFir * :*i *i#k}ii#ahiyr}y�y, AUTHORIZE AUTORISWAUTORLSONS iiiiiiiiiitiikkkkikkkiii *tkiiiiri * ****i* 2-2-2-2- *iikitiiiikkkii.�iY{► #*k'k 0, *A ipi1M The City of saw John, The City of Saint John, P.O. Boat 1973, Saint John, NB, 92L 42-,1, C.P. 1971, Saint John, l,2-, -B., E21. 41,1, to debit owieur account, ! d6bita moWnetre eoan to Acaotmt # / N° de to held atl de is sneeunsale ; Branch Addraas / Adressa do la succursale Transit for the purpose of payment of Market rent aux fins du paiemeat memuel du toyer der more" payable monthly. maniclpaL IIWe have nerd and understood the terms TaYnous Avow lu et compr is les terroes afthis aulhorizstim. do is ptseaft autorimioo, Date ; *S' Date _ *For joint accounts, all depositors must sign *En ce qui conceme lea Compton cmjoiats, si plus if more thati one stgnatur o is required on d'uue signature eat requm our lea ehbques onus de cc cheques issued against the account. cam^ tour les d6posents doivent dgacr. NW.- If a copy of this completed form is required, Note., Si vans ddsirez obteair me copie du prisew Please inform our office, formulaire dilment remph, veuillez en aviser notre bureau. * *Please see over ** ** Voir au Verso** 36 TERMS AND CONDITIONS I/We will notify The City of SamtJohn Billing and Collections office, in writing, of any changes in the account information or termination of this authorization at least thirty (30) days prior to the nett payment date. I/We understand that termination of tbis authorization does not affect my /our obligation to pay for goods or services contracted farlwitb The City of Saint John. My/Qpr financial institution will treat each debit as if Uwe had personally issued a written direction authorizing The City of Saint John to debit the amount (s) speoified to mylour anccuut and need not verify that payments are drawn in accordance with this authorization. I/We understand that any debits charged to mylow account will be rc4robwacd it MODALITES LT CONDITIONS Taviserai/nous aviseaans, par fcrit, to bureau de It facturation et de la perception de The City of Saint Joba, de tout changement Vpwtd = renseignemenu suer le camp% on, de In r69liation de cette autorisation, au moins trente (30) jows avant la date du pro -Ju m paiemeot. Jc oomprendslncus co rwrawns que la xxciliation de cetta amorisatioa We anome incidence stir madbotre obligation de payer les produits on les samoe.s sous sontrat port on w,,w The City of Saint John. Morvbt tro: institution finarwain traitata chagrte pr6I6vement bancsite comme si jWM#/nous anions persomoelkment Arms une directive 6cdte antorisant Tht City of Saint John i dFbiler le(s) montant(s) Mtertntn6(s) de mon/notro tompte et elle n$ura pas 6 vtsifW clue lea paiemams sent peryus conforntempat J cette autorisatiam Je compreodslnous eonipreeons clue toutpr6ltvement bancaine de mon&otm compte- seas nmbours6 si U this debit was not drawn in accordance with this authorization; 0 ca prbl6vemcnt ex pas 6t€ c5wtu6 conform6ment it cette autarisation D this sudwrizatian has been terminated; or U oette in"isation 91616 rdsuc ; on 12 this debit was posted to the wrong account doe to ❑ cc priUvement a M eJieotti6 da mauvais compte an invalidh000rrect account information supplied by raison de renscignemtmts sur Ic compte invalides on the Billing & Collections ofam The City of Saint incorrcv% foutnia par le bureau de la facturatim et de In John do The City of Saint John, by giving notice in writing to mylour branch of account within ninety (90) days of the debit to my/ow account The City of Saint John will charge $10.00 for each trawacsionrotumed for Non Sufficient Funds an doanuuot tm avis &tit A undnotre suctxirsate bancaire, dens lei 9uafte-vinSt dix (90) Jom suivux k retrait de mon/not m eou pte. The City of Saint Jelin factures In $ pour chagge transaction r9ouan6e an raisin d'inauffsance de fonds. We acknowledge that delivery of this authorization le reoarnai mis recormaissons qu'en accordant torte to The City of Saint John constitates delivery to nutorisation i The City of Saint John, je Paccorde /itoas my fine CW institudw. Vaccardans 6 monlnotrt institution financivure. Uwe warrant that all persons whose signatures are required to sign up on this account have signed this authorization. ** Privacy rut The City of Saint John noEs NoT share or sell its client lists. Any information provided herein will be used only for the abovc -noted purpose, and for no other purpose. Your signature on this form is your authorization for The City of Saint John to record this information, if you have any questions about this statement, please do not hesitate to call 652 -1960 or the City Solicitor's Office at (506) 658-2860. Je garantislaous garantlssons quo touters les persomies dmt is signature est require stir a compte ant aigo6 la pttsente aator'ieation. ** Protection de Is vie privde ** The City of Saint John NE partage pas et ne vend pas sa liste de clients. Toute information fournse dates oe fotmulaire sera utilis6e uniquement aux fats d6crites ci- dessus. Votre signature sur cc fbr=lairy mpr6sente votre autorisation i cc que The City of Saint John ennigistre Vinformation qui y est contenue. Si vous avez des questions It propos de cette affirmation, n'h6sitez pas i composer le 652 -1967 uu i appeier• le bureau do 1'avocat municipal au (506) 658 -2860, 37 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT .TORN 1, Kylee Douglas, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: I. That I am the h esident of Black Douglas Holdings Ltd., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That Black Douglas Holdings Ltd. does not have a corporate seal. 3. That the signature " Kylee Douglas" subscribed to the said instrument is my signature, and I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the SWORN TO before me at the City ) of Saint John, in the County of ) Saint John and Province of New ) Brunswick, this �_ day of } ,Tu re— _ . 2015. } } Commissioner of Oaths ) 'Being a seiiskw"' W. ) D;'C:.o-nbr,, .31, zozc- • day of �a a e 2015. 'Wee Douglas REPORT T'4r.. COMMON COUNCIL MC 2015 -198 September 23, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: SUBJECT: 2014 Annual Report PURPOSE An The City of Saint ]calm The purpose of this report is to update Common Council on communication efforts related to the 2014 Annual Report and present the final version. ANALYSIS The 2014 Annual Report is titled Investment in Our Priorities — Working Together for a Sustainable Saint John. In an effort to ensure that the English and French versions aligned, a number of corrections were made in the English version. The final version of the English report is attached to this report. The 2014 Annual Report is available on the City's website in both official languages. Packages of printed copies are available in the Common Clerk's office for each Member of Council to support their dialog with the community. RECOMMENDATION It is recommended that Common Council approve the revised 2014 Annual Report, Investment in Our Priorities — Working Together for a Sustainable Saint John. Respectfully submitted, Stephanie Rackle oach, P.Eng Neil Jacobsen, MBA Manager, Corporate Planning Commissioner, Strategic Services 39 Jeff Trail City Manager AV SAINT JOHN Investment in Our Priorities 2014 Annual Report For the year ended December 31, 2014 M rki v�T Ft or for a �nU mal el �ai l ,t �kvt NNW- - `V_ The annual report is an opportunity to communicate with our citizens on major service accomplishments and significant projects completed during the past year. The report also presents the City's financial position for 2014. Progress is measured against Council's Priorities for the community. We invite you to take some time to read through the 2014 Annual Report and learn more about how your investment in the community through your tax dollars is making an impact— working together for a sustainable Saint John. ;mow � �. s • a t� � -� i� w • , M ! POP VV — #..I • rr J 1' Ale 14 go F !', �•r�► 0 4 A 4 I � r F] M N1 Oe M..._ .riaJ Table of Contents ANNUAL REPORT Our Saint John - Community Vision 2 Saint John at a Glance 3 Message from Mayor Mel Norton 4 Representing our Community 5 Message from City Manager, Patrick Woods 6 Service to the Community 7 Council's Priorities 8 Investing in Economic Health 10 Investing in a Community of Choice 12 Investing in Sustainable Infrastructure 14 Investing in Citizen- Focused Service Delivery 16 Innovation, Leadership and Recognition 18 FINANCIAL REPORT Message from Commissioner of Finance and Administrative Services, Gregory J. Yeomans 20 Community Investment 21 Consolidated Financial Statements 23 Auditor's Report 25 Consolidated Statement of Financial Position 27 Consolidated Statement of Operations and Accumulated Surplus 28 Consolidated Statement of Changes in Net Debt 29 Consolidated Statement of Cash Flows 30 Notes to the Consolidated Financial Statements 31 City of Saint Jo42nnual Report 2014 e* N Canada's first city, leads the nation as an example of a sustainable community. (Community Vision) a' PIK �3 J - /'' I _ CDiewVV'It� E(,MDKA, W heritage properties within the City's 11 designated heritage conservation areas Approximately 100 pieces of art in public places 1,500 acres of industrial land in 3 industrial parks $6.6 billion assessment base 2014 Approved Budget General Fund $148,772,180 Saint John Water $39,097,000 $173,042 Average cost to purchase a house in Saint John (CMA- MLS Data) community centres offering recreation programs in partnership with community groups and non- profit organizations 2,943 acres of parkland and 56 km of trails in Rockwood Park for recreation and leisure pursuits 1,343 lane km of municipal streets and 561 km of sidewalks to support the safe, efficient movement of people and goods Over 500 km of transmission and distribution watermains that deliver drinking water to the public a Air Transit service within 0.5 km of 80% of City residents 7 fire stations with 752 km of routing to support emergency response 5 community police offices located in various neighbourhoods aimed at preventing crime treatment facil 68 pumping (lift) stations that protect our natural environment 4 arenas operated by the City offering over 1,324 hours of free public skating 71 signalized intersections and 14 signalized pedestrian crossings to ensure safe travel through and around Saint John Message from �%1 rinpp� �p �1 0 The 2014 Annual Report gives all of our stakeholders an opportunity to see how we've been investing to make the Community's Vision a reality. Common Council is not doing this alone. When I look back on the year, I am struck by how much we've been able to achieve through partnerships. Highlights Throughout this report, you'll read many examples of what this community achieved in 2014. Here are some of my highlights: a particularly historic day, October 31, when together with the Government of Canada and the Province of New Brunswick, we announced the completion of the Harbour Clean -Up Project signaling the beginning of a harbour clear of sewage; • the work of City Staff, the community and the Royal Canadian Legion Branch # 69 to re- imagine Quinton Park into Larche Memorial Park, a fitting dedication for one of Saint John's own; • Irving Oil and Port Saint John partnered with the Saint John Fire Service on a training facility to ensure that they can respond to the unique public safety challenges in our city; We are working together. Common Council, City staff, citizens, businesses (small and large), community groups and other levels of government are working to help the citizens of Saint John realize their vision of leading the nation as an example of a sustainable community. • the re- invigorated Mayor's Cup — part of the City's not -to -be missed Canada Day celebrations —where 300 spectators watched boarders from around Saint John compete at the Station One Skate Park; • the TD Bank Group worked with Saint John Waterfront to interpret life along Harbour Passage through two eco -hubs; • the opening of the Nick Nicolle Centre, where O.N.E. Change and the City work together to deliver community programs, and; • the resounding success of the inaugural Passport to Parks this past summer, where thousands of Saint Johners got to re- experience our phenomenal parks and the natural beauty of our outdoor public spaces. We've been making sure those beyond our borders are also aware of our investments and how much we believe in our potential. This year we brought the Saint John message to Ottawa, Houston and Halifax. Council continues to work towards achieving their priorities as we enter into the latter part of our term. Although we still have much work to do, we look forward to working with all of our partners and investing to make Saint John what we know it can be. On behalf of Common Council and City Staff, I am pleased to present the 2014 Annual Report for the City of Saint John. City of Saint Jol{i 5nnual Report 2014 Representing our CDywWrtw Deputy Mayor Councillor -at -Large 2012 -2016 SAINT JOHN COMMON COUNCIL Saint John Common Council consists of a Mayor and ten Councillors. Two Councillors represent the City at large with the other eight representing the City's four electoral wards (two councillors per ward). The Deputy Mayor is elected by Common Council at its first meeting following the election. The Mayor and Council of the City of Saint John are elected for a four - year term. Municipal elections are held the second Monday in May and the newly - elected Common Council assumes office the fourth Monday in May. Council's role is to set policy and strategic priorities for the community that guide decision - making and allow the City to demonstrate accountability for service results. City of Saint Jol4finnual Report 2014 Message from City Manager �a-fric�- V1006k City staff and our partners continue to focus on delivering citizen focused and cost effective services to achieve the priorities Common Council adopted in 2012. Our Annual Report highlights how Common Council, City staff, organizations and citizens have been working together to invest in Saint John during 2014. We are incredibly fortunate that the other levels of government, community organizations, corporations and our citizens are committed to working together to move our city forward. I am proud of our achievements in 2014, and the extraordinary collaborative effort behind them. Working Together The One Stop Development Shop initiative has been well received. Through extensive stakeholder engagement, this initiative is focused on realigning our service delivery to realize our future as envisioned in the City's municipal plan, PlanSJ. ZoneSJ, the City's newly adopted Zoning By -Law, is the first major accomplishment of the One Stop Development Shop and will support sustainable development in the City's Primary Development Area (PDA). We are already seeing progress. Ninety percent of building permit activity occurred in the PDA and the City awarded 100% of the funding available through our heritage grant program. As the City embarks on the largest infrastructure project in its history for quality drinking water, we are proud to celebrate the completion of Harbour Clean -Up. Through partnerships with the Government of Canada and the Province of New Brunswick, we continue to make great gains in renewing our critical water and wastewater infrastructure. We continue to work together towards creating a community of choice. Significant contributions from corporations and organizations allowed for many additions and improvements to our recreation assets including the Emera New Brunswick Field at Shamrock Park, TD Bank Eco -Hubs along Harbour Passage, several public art projects and Canaport LNG's support of Mispec Park. Likewise, the City's support of priority neighbourhood programs, funding for the Saint John Arts Board and the purchase of the new Green Machine clean -up trailer are partnership initiatives that enhance the quality of life in our community. The partnerships created in the development of our new Fire Training Facility will support responsible and safe industrial development in our city. Community safety was further enhanced with the addition of a leadership position in the City's Emergency Management Organization to facilitate planning, preparedness and coordinated responses to major incidents. These initiatives also have the potential to generate new revenue opportunities. We are committed to investing your tax dollars wisely. Adoption of PlaySJ and implementation of AdvanceSJ, the City's corporate strategic plan, will continue to guide our decision - making towards achieving Council's Priorities and enabling continuous improvement in our service delivery. By working together and being innovative we can better respond to the needs of our citizens. It is my hope that this annual report provides an understandable and meaningful picture of how we are working together for a sustainable and prosperous Saint John. City of Saint Jol{i annual Report 2014 INN .ti was{ a a' �e/rViC,e, to the Community Common Council, City employees, citizens and other stakeholders work together to achieve Our Saint John — the Community's Vision to lead the nation as an example of a sustainable community. Through seven service areas and a number of agencies, boards and commissions (ABCs), the City delivers over forty public services that matter to our community. i' —� sr. r a — _ r Council's ' IHDH-he - Setting priorities is about determining what goals and objectives will be acted upon during Council's term to support the community in achieving its long- term vision — Our Saint John. On October 29th, 2012 Common Council formally endorsed a set of priorities for their four year term. Council's priorities establish key outcomes for the community; economic health, community of choice and sustainable infrastructure. With PlanSJ as a guiding framework for decision - making, Council's priorities specifically identify investment in economic development, roads, drinking water and recreation. Council has also made a commitment to good governance and providing citizen- focused service delivery. Collectively, these strategic priorities are guiding decision - making and allowing the City to demonstrate accountability for service results. E&DwKic, fte4t� • Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ • Deliver an integrated approach to economic development • Cooperate with neighbouring municipalities to advance the economic prosperity of the region through the True Growth 2.0 initiative • Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position • Implement an affordable and sustainable plan to address pension issues City of Saint Jol{i gnnual Report 2014 C�Wl� ofG6CR/ • Implement policies that create a livable community, one that has vibrant neighbourhoods and provides diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment • Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage • Work with community partners to develop and maintain a new signature multi- purpose recreation facility and strategic neighbourhood projects that support PlanSJ • Improve the 'face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods • Build a more robust transit system that is aligned with the principles of PlanSJ �n_w MR0 I 4ra�tmCIbn • Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ • Execute an equitable city -wide strategic road improvement plan that supports PlanSJ • Implement a city -wide strategic recreation plan that 'right- sizes' the delivery of quality recreation programs and facilities for our diverse population • Secure funding for projects to deliver quality drinking water to our citizens ct-�,M- focna �Orvice, Nivaw • Citizens expect value for their investment in the community. With the strength of our workforce, the City is committed to investing in strategic communications, accountability for service results, responsive customer service and service -based decision - making City of Saint Jol5Qnnual Report 2014 Investing in... Ecmr)kc/ftea4 ZoneSJ The City adopted a comprehensive new Saint John Zoning By -Low (ZoneSJ), a key by -law required to implement the land use framework for the future outlined in PlanSJ. Substantial engagement efforts were undertaken throughout the development of ZoneSJ to reach out to major industrial land owners, developers, builders, and investors to provide information and awareness on the impact of the by -law on land holdings and to support stakeholders through this process. Engagement was supported with Saint John's own internationally recognized GIS -based on -line mapping tool that helped property owners understand existing and proposed zones for their property. One Stop Development Shop The One Stop Development Shop initiative is focused on streamlining the City's development process in order to facilitate investment and quality development in Saint John while maintaining community standards that align with PlanSJ. ZoneSJ was the first major deliverable of this initiative. Another significant accomplishment was the launch of a comprehensive draft service model in the fall of 2014. The proposed service model was the focus of public consultation sessions with key stakeholders and staff to ensure service delivery aligns with expectations. Infill Development The City's total value of construction activity stood at just under $90 million in 2014, generating about $870,000 in annual building permit revenues. This revenue offsets the cost of delivering the building permitting and inspections service in Saint John. Most of this activity (about 90 %) is occurring in the City's Primary Development Area (PDA) targeted by PlanSJ. Annual building permit volumes have held constant around the 1,000 mark in the last five years. Fire Training Facility The new Fire Training Facility was opened in 2014. This was achieved through a partnership with Irving Oil who provided the space on Grandview Avenue, site servicing work, and a state -of -the art training classroom. Saint John's fire service will be responsible for delivering a variety of emergency planning, preparation, and response training programs. Port Saint John also contributed to help manage risk related to marine activity in the community. This unique partnership represents new opportunities for the City to further collaborate with other industries, attract investment in the community by preparing firefighters to support public safety activities related to large industrial projects, and generate revenue through the delivery of training programs. City of Saint JoI5 inn uaI Report 2014 HotSpot Parking The City has deployed a new pay -by -phone parking service. HotSpot Parking technology is a free application developed in New Brunswick. Users who park uptown have the ability to pay for parking with a variety of devices and /or top up their parking meter or pay and display pass from any restaurant, retail operation or commercial business, at any time. HotSpot Parking provides uptown businesses with the ability to interact with HotSpot users and build their customer base. Introduced as a pilot project with no cost associated to the City implementation, the service has been extended until June 2015. Heritage Grants Improvements to the Heritage Grant Program were implemented in 2014. This is an incentive program that is designed to encourage heritage property owners to meet the spirit and intent of the Saint John Heritage Conservation Area By -Law. Recent reforms to the heritage grants program have improved access to grants and the program has proven to be successful with the full funding envelope awarded in 2014 Success of the program is an indicator of investment into the City's heritage areas and the economic health of the community. The grants program provides a high return on municipal investment given that Saint John's heritage districts represent some of the highest residential property assessments in the City. True Growth 2.0 The City continues to support Enterprise Saint John and its leadership in implementing True Growth 2.0 — a regional economic development plan. In 2014, fifteen True Growth projects took flight impacting the areas of energy, supply chain, infrastructure, innovation, research and lead generation. The City played a key partnership role on a number of the energy files and the barge terminal. In collaboration with True Growth 2.0, the City adopted a new Capital Priorities Matrix that evaluates strategic infrastructure funding against the community's economic development objectives. Sustainable Service Review The City undertook an evidence -based review of key services at the policy level to develop the 2015 operating budget that addresses the needs of the community in an affordable and sustainable way. Service level options and their impact on the community were evaluated to support Common Council in their decision- making. An outcome of the process was the City's ability to maintain the tax rate for 2015 despite a number of financial challenges. City of Saint JoI52nnual Report 2014 $89.5 million New Construction - Building permit value in 2014, a slight increase over 2013 across Saint John 86 Net new dwelling units created (one or more habitable rooms) in 2014 —a decrease from 123 in the previous year Permit activity taking place in the City's 90% Primary Development Area as defined in PlanSJ 8 /� Planning Applications processed for Lit' rezoning, subdivision approval, and variances pursuant to the Community Planning Act 82 5 Property Tax Referrals - Review of tax assessment billings on municipal assets resulting in a reduction of $91,075 9.34% Debt Ratio - Within the Province's acceptable range and one of the lowest amongst New Brunswick municipalities 0.6% * Increased business confidence over the 2013 survey score conducted by the Canadian Federation of Independent Business— only NB municipality to improve their standing in 2014 Forecasted $230.1 million in tourism expenditures in the City (0.7% increase from 2013) representing an all -time high for the city 0-1W711% 66,111 Direct visitor inquiries and 121,702 visitor guides requested - decrease from previous year as a direct result of a decrease in cruise passengers in 2014 Discover Saint John generated double the average amount of unique website visitors versus its peer group with 216,923 visitors Investing in a... CDYWWrbfof C6ce, Passport to Parks As the school year drew to a close, the City of Saint John geared up for a fun summer with the launch of Passport to Parks — a series of special events organized over a four week period to showcase and increase citizen's awareness of the City's signature parks including Rockwood Park, Little River Reservoir, Rainbow Park, Market Place West, Victoria Square, Dominion Park, Mispec Park and Station One Skate Park. The events were well received with over 1,500 in attendance and lots of community interest. As part of the program, over 60 skaters participated in the Mayor's Cup Skateboarding Competition. The event was designed to promote helmet use at Station One Skate Park. Over 200 free helmets were given out through the Canadian Tire Jumpstart Program and P.R.O. Kids. Emera New Brunswick Field at Shamrock Park The field at Shamrock Park was revitalized thanks to a $500,000 contribution from Emera New Brunswick. In partnership with the City, this $1.5 million project included the installation of an artificial turf field and a new lighting system. These improvements will increase the amount of available playing time (length of season and intensity of use). Artificial turf fields may also decrease the day -to -day maintenance required. Nick Nicolle Community Centre The Nick Nicolle Community Centre gave the Old North End a fresh new look. This modernized facility will serve to nurture our youth, enrich our citizens and strengthen our community. O.N.E. Change, a community -based organization, assumed responsibility for program and service delivery at the centre and provided recreational opportunities at neighbouring facilities in 2014. Larche Memorial Park In partnership with the community and businesses, a West side park was the focus of a number of improvements named in memory of Constable Douglas James Larche born in Saint John and one of three Codiac RCMP officers who lost their lives in the line of duty in June 2014. More than $50,000 from 20 donors was collected. Features of the park include twelve new park benches, a monument (dedicated to Constable Larche and donated by Nelson Monuments), and three maple trees that represent the fallen Mounties. The dedication ceremony was held on October 19, 2014. Milford Park Baseball Field Renovation The Milford Park Committee with the support of the City took the lead in making sure a number of upgrades to the baseball field were completed. Canaport LNG and Emera New Brunswick partnered with the Committee, donating $25,000 to complete the improvements. The field was renamed in the honour of the late Donnie Dwyer, a Milford resident and police officer who was instrumental in introducing family protection and youth services to the Saint John Police Force. Public Art Investments Shards of Time, a sculpture celebrating the many generations who have lived in Saint John was officially unveiled on Harbour Passage. Created by sculptor Peter Powning, this piece of public art is a legacy of the City's 225th anniversary and its designation as a Cultural Capital of Canada by the Government of Canada in 2010. Several public art maintenance projects were also completed including repainting the People Waiting at Barbour's General Store and repairs and installation of plaques at the Peel Plaza Fiddlehead sculpture, King's Square Bandstand and Afghanistan plaque at the Cenotaph. City of Saint JoiUnnual Report 2014 Harbour Passage Eco -Hub The City, in partnership with Waterfront Development and TD Bank Group, unveiled two of three planned ecological hub (eco -hub) installations along Harbour Passage. Thanks to a generous $500,000 contribution from TD, these eco -hubs feature interpretative signage and elements that will educate the community and visitors about the environment in and around the Saint John Harbour. This partnership demonstrates a commitment to the greening and sustainability along our waterfront. Safer School Zones The City began the implementation of the Safer School Zones Program in 2014. The program focuses on developing traffic calming solutions around a number of elementary schools. Safer School Zone projects were implemented at Prince Charles, Bayview and Bayside schools. Working with each school, City staff addressed their unique needs and safety requirements. Traffic calming solutions include parking, installation of signage and electronic driver feedback signs that encourage speed limit compliance. Neighbourhood Support Saint John Common Council presented over $150,000 in grants to IF of res! community organizations in June as part of the City's Neighbourhood Stimulation Grant Program to build leadership capacity and increase engagement in neighbourhoods. Grants were awarded to Quality Learning New Brunswick, Crescent Valley Resource Centre, Village Association / East Side Motivators, Vibrant Communities — Around the Block Neighbourhood Residl Newspaper, O.N.E. Change Inc., Teen Resource Centre for Youth, Westside police PACT, PULSE (People United Lower South End), and Anglin Drive Tenants Association (Story Tent). Transportation Master Plan (MoveSJ) A request for proposal was awarded for the development of a Transportation Strategic Plan for Saint John. MoveSJ will guide transportation investments in the City for the next 25 years. As a first step to the planning process, traffic counts were completed for both vehicle traffic and pedestrian movements in 2014. Y Facility The City continues to support the YMCA in the construction of their new facility. Approximately $343,000 was contributed to the YMCA's facility including land, grant for permit fees and capital contributions. The new facility will provide increased opportunities for recreation and wellness activities in Saint John. Emergency Preparedness The City has renewed our focus on emergency management. With the addition of a leadership resource, the City's Emergency Management Organization (EMO) can ensure proper planning, full preparedness and a coordinated response to major emergencies. A priority is to ensure responsible industrial development through risk assessment and planning. An emergency preparedness exercise that simulated a pipeline incident was conducted in 2014 involving approximately 35 people representing various stakeholders. Working with our stakeholders the City is committed to ensuring Saint John is a safe, liveable community. City of Saint Jol54nnual Report 2014 ■ I nvesti n i n..�nt al ma� �e, 14rastr�re, Investment in Roads Common Council remained committed to their priority to invest in roads. With funding levels consistent with the previous year, the City resurfaced 97 lane kilometres representing 7.8% of the road network. A slight decrease in the pavement condition index (PCI) in 2014 was a result of severe winter weather. Increased funding for asphalt resurfacing has resulted in a reduction of claims for damage from potholes. Quality Drinking Water The Safe, Clean Drinking Water Project ( SCDWP) involves the construction of a water treatment plant (East), watershed and storage improvements, and upgrading a network of water mains and pipes. This past Fall, Common Council approved the three shortlisted bidders selected to enter into the Request for Proposal (RFP) process for the project. The selection of bidders marks a significant milestone that will ensure Saint John has quality drinking water. In an effort to reduce cost, testing for groundwater in both the East and West sides of the city was completed in 2014. Groundwater typically costs less to treat as the soil and rocks through which it flows acts as a natural filtration system. Testing indicated that there is enough water to supply groundwater to the West side and can be treated at the existing Spruce Lake Treatment Plant. As a result, the SCDWP scope was amended to account for groundwater with a reduction in capacity required at the new water treatment facility and a decrease in the amount of distribution and storage upgrades required. Harbour Clean -Up Representatives from the federal, provincial and municipal governments marked the final milestone of Saint John's Harbour Clean -Up project — a harbour 100 percent free of raw untreated wastewater. Construction of the Eastern Wastewater Treatment Facility was completed in 2011 and the last of the 24 lift stations required to move wastewater to a treatment facility was completed in 2014. Water and Wastewater Infrastructure Maintenance The City is committed to managing its assets in an effective and efficient way. One initiative is the continued delivery of the unidirectional flushing program, a more efficient approach to cleaning and maintaining water mains to ensure quality drinking water. Another initiative is the implementation of a QuickTV (QTV) pilot project. QTV is a tool for identifying sewers that require further assessment and maintenance. This approach helps identify the lines that need immediate attention to prioritize cleaning and /or required repairs. This program will become part of the on -going asset management program. City of Saint Jo65nnual Report 2014 MOW m� m2w mw: M M M— M, M' . Stormwater Management The City continues to invest in stormwater management to protect infrastructure, private property and the environment. In 2014, the construction of a 100,000 cubic metre detention pond in Millidgeville was completed. The project included excavation, installation of new storm sewer, removal and installation of new cross culverts at Cambridge Drive and landscaping. The detention pond is intended to reduce flooding in the Brentwood area. Capital Infrastructure Investment A significant portion of a complex infrastructure project was completed on Prince William Street in 2014. The project was designed to reinvest in the urban core, ensuring alignment with PlanS1. It involved the renewal of the existing watermain and sanitary sewer, installation of new storm sewer, and street reconstruction including curb and sidewalk. Several unique features highlight this project including partnerships with Public Works and Government Services Canada to remove a heating tunnel dating back to 1957 and Saint John Energy to facilitate the conversion of overhead utilities to underground services. Designated as the first historic streetscape in Canada, new granite curb, bike racks and park benches were installed. A focused effort was made to work with area businesses to ensure construction issues were dealt with easily and efficiently. A number of other infrastructure projects that included water, sanitary and storm work and road reconstruction were undertaken in 2014. These included work on Duke Street, Hillcrest Drive, Douglas Avenue and Rodney Street Saint John Sign The iconic Saint John sign on Fort Howe received a facelift and an LED lighting retrofit in 2014. Improvements in lighting technology will provide more lighting hours, better illumination, and decrease maintenance requirements. The retrofit will also decrease operating costs. The City is responsible for ongoing maintenance including the cost of the energy. The cost to run the sign is now expected to be about $1,000 per year compared to the $9,000 prior to the retrofit. Advanced Water Metering Infrastructure The City started a project in 2014 that involves the installation of a radio frequency meter reading system that will collect hourly readings of all water meters in the water distribution system. As well, this past year a total of 669 new meters were installed. This infrastructure will facilitate the automation of meter reading in real time. City of Saint Jo%nnual Report 2014 Investing in... Cn-h"r- �DGU.�a�PXVIGp, 14verw Public Involvement The City of Saint John recognizes the importance of public involvement and participation in the decisions that impact our community. One way citizens can get involved is to serve on one of the City's agencies, boards or commissions (ABCs). In 2014, the City implemented a new on -line ABC application system. This new system allows for better tracking of committee composition and provides access to citizens to see who is on a committee or what vacancies are available. On -line Claims Reporting An on -line claims reporting system was introduced in 2014. A citizen can file a damage claim if it is believed that the City has been negligent in its maintenance of facilities, roads, trees, and sewers causing bodily injury or property damage. This new reporting system is easy to use and supports getting better information on incidents. Fire Inspection Field Reporting The Fire Prevention Service has fully deployed a field inspection reporting system. Inspectors directly enter inspection results in the field rather than returning to the office. This continuous improvement initiative has improved productivity. By -Law Enforcement Protocol In 2014, the Dangerous and Vacant Building Program developed an inspection protocol that outlines the frequency of inspections required depending on the condition and priority of the building. The objective was to enhance public safety and use resources more cost - effectively. As a result, by -law enforcement staff can focus on priority buildings to reduce the risks to neighbouring properties. Line Painting Improvements The addition of a new paint truck to the City's fleet has resulted in a number of productivity improvements and operational savings. The truck is equipped with measurement and heating devices that ensure the right thickness and consistency of paint is applied. There is also less paint wasted as there is no need to flush the truck every day. With the ability to use a drying product and carry a full day's worth of paint, travel time has been reduced. Traffic Control Enhancements A rectangular rapid flashing beacon (RRFB), a new solar powered technology, has been implemented on the existing traffic control devices at the top of Garden Street. RRFB devices use rapidly flashing beacons to alert motorists when a pedestrian is crossing. The average cost to install an RRFB is $6,500 compared to $50,000 to install a traditional pedestrian- activated overhead flasher system. The City of Saint John is one of the early adopters of this type of technology. City of Saint JoiWnnual Report 2014 m® mm IIIIIIIIIIIIIIIIIIJO" m� - °mm Stormwater Maintenance Innovation The City installed a plastic catch basin and manhole on Farry Cove Lane as a pilot project in 2014. This new type of infrastructure material is manufactured in New Brunswick and has a life expectancy three times that of traditional concrete. Early analysis of the installation has been positive and has garnered interest from the supplier to partner with the City to write a research paper. Safer Arenas The City installed gas detection devices in all the City -owned arenas. Staff also facilitated the installation of these devices at the Lord Beaverbrook Rink. To support this initiative, Standard Operating Procedures were developed for arena operators and implemented at each of the arenas to improve overall public safety and meet regulatory requirements. Enhanced 911 Saint John is the first and only Public Safety Answering Point (PSAP) in New Brunswick to provide Enhanced 911 (E911) service before the December 31, 2014 deadline. This initiative provides 911 emergency operators with your mobile phone number, area code and approximate location to support more efficient service delivery and enhance public safety. Public WiFi More access points were added to the City's public space WiFi. This work was done in cooperation with Discover Saint John, Waterfront Development, Uptown Saint John, Saint John Energy, City staff and our primary technology partner, Bell Aliant. The goal is to build an affordable, sustainable, reliable and functional public space WiFi network to provide a level of convenience to the people who live, work, invest and play in Saint John. Webcams In 2014, a scalable and secure web portal was launched where live webcam feeds can be viewed. Web cameras have been installed to provide a bird's eye view of Saint John in motion in several key locations including King's Square, King Street, Loyalist Plaza and the City Market. The goal is to showcase key municipal assets and attractions. Post Tropical Storm Arthur Response Post tropical storm Arthur battered the Maritimes in 2014. In Saint John, many areas of the city were flooded with heavy rain extensive damage to infrastructure and private property. Through a coordinated effort, the City pruned or cut down many trees and replaced a number of concrete sidewalk panels that were lifted up out of place by tree roots. After the storm, the City assisted residents with tree /branch curb side collection. City of Saint Jo6annual Report 2014 Innovation, Leadership and 7KezD h:rhDK ������������������• 4 PlanSJ _�iA rh WC; 10 4 1 tIa PlanSJ continues to be recognized nationally as an innovative and leading edge planning document. In 2014, the Canadian Institute of Planners (CIP) held their annual conference in Fredericton, NB, the first time the conference has been held in New Brunswick in over 30 years. Saint John planning staff supported two mobile workshops in Saint John as part of the conference educational opportunities. These workshops were attended by over 60 professional planning staff from across the country and focused on urban redevelopment in our core, heritage investment, and local food, all strongly supported by PlanSJ. CIP also awarded the Saint John City Market with their annual Great Places in Canada award (now showcased at the Market for everyone to see) and the Vision in Planning historical award for the 1946 Municipal Plan. GIS The City's GIS team supported the mapping needs related to drafting the new Zoning By -Law with the innovative development of the ZoneSJ Map viewer, an interactive web -based tool to support public engagement. This mapping tool was internationally recognized as a Distinguished System by the Urban and Regional Information Systems Association (URISA) for its innovation. Service -Based Budget The City's service -based budget was recognized by Progress Magazine as a finalist for their Innovation in Practice Awards in the Strategy category. Linking resource allocations to service level objectives, the service -based budget outlines in measurable terms all the services to be provided by the City and at what level they are to be provided. The service -based budget allows taxpayers, members of the community and other interested stakeholders to better understand what the public can expect in terms of service delivery. SJPF H4 �i POLICE 120 E OE PPS _qa D><sa0 3a'M The City of Saint John Police Headquarters received a LEED Gold certification by the Canada Green Buildings Council. The 6,500 square metre facility features a green roof, significant reductions in potable water and energy use, and was built to maximize daylight and views throughout much of the building. Rockwood Park Rockwood Park was recognized as one of the 8 best urban parks in Canada by Canadian Living Magazine. 'Whether you're looking to go hiking, fishing, canoeing, kayaking, pedal boating, rock climbing, cross - country skiing, camping, golfing, mountain biking or horseback riding, Rockwood Park is the venue for you: Canadian Living Big Data The City of Saint John sponsored the Big Data Conference, an event designed to get Atlantic Canadians to grab hold of the opportunities big data offers to business, government and education. T4G and the New Brunswick Information Technology Council (NBITC) brought together emerging data science innovators from Atlantic Canada and across North America for a day of open conversation to explore what big data means for our communities and how it is reshaping business. City of Saint Jol59nnual Report 2014 Butterflies in the Market The City of Saint John and City Market Association collaborated with students and staff from 32 schools across the Greater Saint John area to make a tradition out of a project that began in 2013. Over 1,300 students in grades kindergarten to 12 hand - painted 440 butterflies that hung from rafters of the City Market. Stonehammer Geopark The City of Saint John hosted the 6th annual United Nations Educational, Scientific and Cultural Organization (UNESCO) conference on global geoparks and hosted delegates from around the world at North America's first and only global geopark. Sculpture Saint John This international sculpture symposium was held in Saint John for the second time. Eight accomplished sculptors from around the globe shaped mammoth chunks of stunning New Brunswick granite into works of beautiful public art. These magnificent sculptures were created in the public eye throughout August and September at the Coast Guard site on the Saint John waterfront. Saint John Police Force Members of the Saint John Police Force (both sworn and civilian) were recognized by the Codiac RCMP for their support during the Moncton tragedy in June. Ford World Curling Championships The Ford World Women's Curling Championships made a return to Saint John in 2014. Saint John heartily welcomed fans and competitors from around the world with displays at local businesses and community organizations throughout the nine -day sporting event. Hosting of the event brought an economic boost to the community. - P ARC �wrOOD WKAMFNITIES PARK = - - sjFMCZ OFFERTs PANS LE PAR Y�'� [� p y• King's Square King's Square was awarded the Trip Advisor Attraction of the Year Award at the Hospitality Saint John Awards. The award is based on traveller ratings on the Trip Advisor site. Incident Command Members of the Saint John Fire Department and Saint John EMO provided incident command support in response to the train derailment in Waspke NB. City of Saint JolliQnnual Report 2014 Message from Commissioner of Finance & Administrative Service 6--*e�rW . yevV4"s, be�t11hamg t - (-Xmexa� W $120M $110M $100M z $90M m SEW MIA z 0 w $60M $50M $40M 20.00% 18.00% 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 2010 2011 2012 2013 2014 Debt Ending Balance - General Fund Debt Service Ratio - Saint John Debt Service Ratio - Other Municipalitic, (Average) The debt service is a measure of the debt service costs as a percentage of total expenditures of the general operating fund of a municipality. Benchmarking with other New Brunswick municipalities is supported with data from the Annual Report of Municipal Statistics of New Brunswick (2013). The preparation and presentation of the consolidated statements are the responsibility of the Financial Management Service area. We are committed to sound, sustainable financial management designed to support the community and Common Council's priorities with a focus on a long term financial plan. It is my pleasure to submit the City of Saint John's audited Consolidated Financial Statements for the year ending December 31, 2014. Financial Results The Consolidated Financial Statements have been audited by Deloitte LLP, Chartered Accountants who have expressed a qualified audit opinion related to the Shared Risk Plan (pension). Except for this qualification, these statements present fairly, in all material respects, the financial position of the City of Saint John as of December 31, 2014 in accordance with Canadian Public Sector Accounting (PSA) standards. ° The financial results show the City maintained a strong financial position in 2014. Results reveal a consolidated annual surplus of $11,734,122, revenues of $217,672,911 and expenses of $205,938,789. The City realized marginal tax base growth in 2014 and yet maintained a tax rate of 1.785 per $100 of assessment. Commitment to Debt Management The City continues to manage its long -term debt, which includes capping capital investment to ensure sustainable debt management. Capital investment funding decisions are made by strategically evaluating each capital request. The City's debt service ratio of 9.34% in 2014 validates the impact of these decisions. This percentage is well below the Province of New Brunswick's maximum ratio of 20% and the City has maintained a debt service ratio below the average of other cities in New Brunswick for the last several years (see graph on left). I thank staff from across all service areas in the City for their assistance, cooperation and collaboration. City of Saint Joi61nnual Report 2014 Go►��� -�. I ���� -mot ___________________________ 2014 Revenue: $217,672,911 2014 Expenditures: $205,938,789 Where the Community's Investment Comes From Property Taxes 9% Unconditional Grant 12% Other revenue from own sources 18% water and sewer revenue 1% Miscellaneous revenue 5% Contributions from others 1% Income from energy services How the Community's Investment is Spent 19% Government general services 24% Protective services 24% Transportation services 16% water and sewer services 2% Environmental health services 10% Environmental developmental services 5% Recreational and cultural services The Consolidated Financial Statements reflect the consolidated assets, liabilities, revenues, expenditures, cash flows and changes in net debt as well as detailed notes. Detail of what is included with each category of revenues and expenditures can be found in the Consolidated Financial Statements. The Consolidated Financial Statements include all organizations and enterprises owned or controlled by the City, a total of 17 entities that are listed below. City of Saint Jo &2nnual Report 2014 Consolidated V�GI,V`�il u a �te�'�w� ig- VIM mfr The City of Saint John Consolidated Financial Statements December 31, 2014 Chty of Saint John AMMI Repaet 2014 The City of Saint John December 31, 2014 CONTENTS Page Consolidated Financial Statements Independent Auditor's Report 1 - 2 Consolidated Statement of Financial Position 3 Consolidated Statement of Operations and Accumulated Surplus 4 Consolidated Statement of Changes in Net Debt 5 Consolidated Statement of Cash Flows 6 Notes to the Consolidated Financial Statements 7-39 c" Df sairrt Jahn AW?A1 Repart Z 014 Deloitt Bruns � k Brunswi ck House P.O. Box 6549 44 Chipman Hilt, 7th Floor Saint John NB E21. 4R9 Canada Tel: 506- 632 -1 080 Fax: 506 -632 -1210 www.deloitte.ca Independent Auditor's Report To His Worship The Mayor and Members of Common Council of The City of Saint John We have audited the accompanying financial statements of The City of Saint John ( "City "), which comprise the consolidated statements of financial position as at December 31, 2414 and the consolidated statements of operations and accumulated surplus, change in net debt and cash flow for the year then ended, and a summary of significant accounting policies and other explanatory information. Management's Responsibility for the Consolidated Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of consolidated financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the City's preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our qualified audit opinion. c" of sairrt john A, I Repnrt Z 014 Basis for Qualified Opinion In December 2012, the City's defined benefit pension plan was converted to a shared risk model under Part 2 of the Pension Benefits Act (New Brunswick). The City has concluded that the shared risk model is a defined contribution plan. We were unable to obtain sufficient appropriate audit evidence to conclude that accounting for the shared risk model as a defined contribution plan is compliant with public sector accounting standards. Consequently, we were unable to determine whether any retirement benefit liability and related retirement benefit expense should be recorded as at December 31, 2014. The determination of the amount of the retirement benefit liability and related retirement benefit expense would require an actuarial valuation as at December 31, 2014 which was not prepared. Qualified Opinion In our opinion, except for the effects of the matter described in the Basis for Qualified Opinion paragraph, the financial statements present fairly, in all material respects, the financial position of The City of Saint John as at December 31, 2014, and the results of its operations, changes in net debt, and its cash flows for the year then ended in accordance with Canadian public sector accounting standards. Dk -ac-,A-e w) Chartered Professional Accountants July 6, 2015 C" of SairrltJohn AWai Repnrt Z 014 K The City of Saint John Consolidated Statement of Financial Position As at December 31, 2014 December 31, December 31, 2014 2013 Financial assets Cash and cash equivalents (Note 4) 13,354,780 14,346,982 Accounts receivable (Note 5), (Note 6) and (Note 7) 26,804,419 18,556,841 Investment in Energy Services (Note 8) 53,390,064 51,520,621 Other investments (Note 9) 8,055,710 7,585,183 101,604,973 92,009,627 Financial liabilities Accounts payable and accrued liabilities (Note 10) 28,924,099 31,870,303 Deferred revenue 1,805,470 1,741,250 Deferred government transfers (Note 11) 2,933,087 5,529,618 Accrued pension liability (Note 13) 322,701 600,878 Post employment benefits and compensated absences (Note 13) 23,675,400 22,779,800 Bank loan payable (Note 3) 156,715 201,159 Long term debt (Note 12) 225,595,284 212,973,226 283,412,756 275,696,234 Net debt (181,807,783) (183,686,607) Non - financial assets Inventory 1,399,249 1,408,270 Prepaids 1,837,789 1,134,764 Deferred expenses 3,200,500 778,000 Tangible capital assets (Note 21) 928,831,425 922,092,631 935,268,963 925,413,665 Accumulated surplus 753,461,180 741,727,058 Contingencies (Note 14) Commitments (Note 15) Approved by: Mel Norton, Mayor a d Merrithew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements. 3 _. ,68-. ; . ,..,; The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31, 2014 2014 2014 2013 Budget (Note 2) (Unaudited) (Note 2) Revenues Property taxes 117,667,569 117,667,569 118,239,743 Unconditional grant 19,894,548 19,701,031 18,661,353 Other revenue from own sources (Note 26) 21,690,250 26,181,451 26,333,352 Water & sewer revenue (Note 17) 35,842,061 38,472,819 34,269,330 Miscellaneous revenue 702,592 1,836,991 2,922,330 Contributions from others (Note 26) 1,180,000 11,943,607 15,521,920 Income from energy services (Note 8) - 1,869,443 - 196,977,020 217,672,911 215,948,028 Expenses General Government Services (Note 26) 40,523,187 39,999,156 34,774,439 Protective services (Note 26) 49,947,785 49,611,875 48,639,089 Transportation services (Note 26) 38,462,177 48,666,391 47,017,579 Water and sewer services (Note 26) 39,097,000 33,729,452 32,106,431 Environmental health services (Note 26) 3,547,444 3,350,209 3,237,844 Environmental development services (Note 26) 22,139,636 20,216,693 19,907,895 Recreational and cultural services (Note 26) 10,177,700 10,365,013 9,853,485 Loss from energy services (Note 8) - - 6,207,533 203,894,929 205,938,789 201,744,295 Annual surplus 6,917,909 11,734,122 14,203,733 Accumulated surplus, beginning of year - 741,727,058 727,523,325 Accumulated surplus, end of year (6,917,909) 753,461,180 741,727,058 The accompanying notes are an integral part of these consolidated financial statements. 4 The City of Saint John Consolidated Statement of Changes in Net Debt For the year ended December 31, 2014 Annual surplus 2014 2013 11,734,122 14,203, 733 Acquisition of tangible capital assets (Note 21) (44,902,563) (35,312,602) Disposal of tangible capital assets (Note 21) 2,425,533 1,820,773 Amortization of tangible capital assets (Note 21) 35,738,236 35,327,950 Decrease (increase) in inventory 9,021 (114,333) Increase (decrease) in prepaids (703,025) 44,193 Increase (decrease) in deferred expenses (2,422,500) 132,400 (Decrease) increase in net assets (9,855,298) 1 898,381 Net debt, beginning of year (183,686,607) (199,788,721) Net debt, end of the year (181,807,783) (183 686,607) The accompanying notes are an integral part of these consolidated financial statements, 5 C" of Saint John A •etdaI Report Z 014 The City of Saint John Consolidated Statement of Cash Flows For the year ended December 31, 2014 Accounts payable and accrued liabilities (2,946,204) (4,455,346) Deferred revenue 64,220 (152,719) Deferred government transfers (2,596,531) (8,320,098) Accrued pension liability (278,177) (4,466,253) Other post employment liabilities 895,600 (2,270,901) 33,258,667 39,216,634 Capital transactions Acquisitions of tangible capital assets (Note 21) (44,902,563) (35,312,602) Proceeds on sale of tangible capital assets 414,050 278,596 44,488,513 35,034,006 Financing transactions Repayment of long term debt (25,277,942) (18,466,646) Proceeds from long term debt 37,900,000 30,504,000 Repayment of bank loan (44,444) (11,965,841) 12,577,614 71,513 Investing transactions Investments (Note 8) and (Note 9) (2,339,970) 5,419,821 Net decrease (increase) in cash and cash equivalents (992,202) 9,673,962 Cash and cash equivalents, beginning of year 14,346,982 4,673,020 Cash and cash equivalents, end of year 13,354,780 14,346,982 The accompanying notes are an integral part of these consolidated financial statements. 0 City of5aintJohnA L Report 20_4 2014 2013 Operating transactions Annual surplus 11,734,122 14,203,733 Items not involving cash Amortization of tangible capital assets (Note 21) 35,738,236 35,327,950 Loss on disposal of tangible capita[ assets 2,011,483 1,542,177 Change in non -cash assets and liabilities Accounts receivable (8,247,578) 7,745,831 Inventory 9,021 (114,333) Prepaids (703,025) 44,193 Deferred expenses (2,422,500) 132,400 Accounts payable and accrued liabilities (2,946,204) (4,455,346) Deferred revenue 64,220 (152,719) Deferred government transfers (2,596,531) (8,320,098) Accrued pension liability (278,177) (4,466,253) Other post employment liabilities 895,600 (2,270,901) 33,258,667 39,216,634 Capital transactions Acquisitions of tangible capital assets (Note 21) (44,902,563) (35,312,602) Proceeds on sale of tangible capital assets 414,050 278,596 44,488,513 35,034,006 Financing transactions Repayment of long term debt (25,277,942) (18,466,646) Proceeds from long term debt 37,900,000 30,504,000 Repayment of bank loan (44,444) (11,965,841) 12,577,614 71,513 Investing transactions Investments (Note 8) and (Note 9) (2,339,970) 5,419,821 Net decrease (increase) in cash and cash equivalents (992,202) 9,673,962 Cash and cash equivalents, beginning of year 14,346,982 4,673,020 Cash and cash equivalents, end of year 13,354,780 14,346,982 The accompanying notes are an integral part of these consolidated financial statements. 0 City of5aintJohnA L Report 20_4 The City of Saint John Motes to the Consolidated Financial Statements For the year ended December 31, 2014 1. Purpose of the organization The City of Saint John (the "City ") was incorporated by royal charter in 1785. As a municipality, the City is exempt from income taxes under Section 149(1)(c) of the Canadian Income Tax Act. The City has the following vision statement, "We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost effective way." 2. Summary of significant accounting policies The consolidated financial statements of the City are the representations of the City's management prepared in accordance with Canadian generally accepted accounting principles for local governments, as recommended by the Chartered Professional Accountants of Canada Public Sector Accounting Board ( "PSAB "). Significant aspects of the accounting policies adopted by the City are as follows: Reporting entity The consolidated financial statements reflect the assets, liabilities, revenues, expenditures, and changes in net debt and cash flows of the reporting entity. The reporting entity is comprised of all organizations and enterprises accountable for the administration of their affairs and resources to the City and which are owned or controlled by the City. Interdepartmental and organizational transactions and balances are eliminated. The focus of PSAB financial statements is on the financial position of the City and the changes thereto. The Consolidated Statement of Financial Position includes all of the assets and liabilities of the City. The entities included in the consolidated financial statements are as follows: 1. The City of Saint John General Operating Fund 2, The City of Saint John Capital and Loan Fund 3. The City of Saint John Water and Sewerage Utility Operating Fund 4. The City of Saint John Water and Sewerage Utility — Capital and Loan Fund 5. Saint John Parking Commission 6. Saint John Transit Commission 7. Saint John Non Profit Housing Inc. 8. Saint John Development Corporation 9. Saint John Industrial Parks Inc. 10. Harbour Station Commission 11. Saint John Aquatic Centre Commission 12. Saint John Trade and Convention Centre 13. Saint John Energy 14. Lord Beaverbrook Rink 15. Saint John Police Commission 16. Saint John Free Public Library 7 City of Saint John A&4W Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2414 2. Summary of significant accounting policies [Cont'd] Reporting entity [Cont'd] 17. Saint John Jeux Canada Games Foundation, Inc. Investment in Energy Services The City's investment in Saint John Energy is accounted for on a modified equity basis, consistent with generally accepted accounting principles as recommended by Public Sector Accounting Standards for government business enterprises. Under the modified equity basis of accounting, the business enterprise's accounting principles are not adjusted to conform with those of the City and inter - organizational transactions and balances are not eliminated. The City recognizes its equity interest in the annual income or loss of Saint John Energy in its consolidated statement of operations with a corresponding increase or decrease in its investment asset account. Budget The budget figures contained in these financial statements were approved by Council on December 23rd, 2093 and the Minister of Local Government on February 5th, 2014. The budget is unaudited and does not include elimination of inter - organizational revenues and expenses with controlled entities. Revenue recognition Unrestricted revenue is recorded on an accrual basis and is recognized when collection is reasonably assured. Restricted contributions are recognized as revenue in the year in which the related expenses are incurred. Other revenue is recorded when it is earned. Property taxes, which are authorized by Council, are recognized as revenues in the period for which the taxes are levied. Government transfers Government transfers are recognized in the consolidated financial statements as revenues in the period in which events giving rise to the transfer occur, providing the transfers are authorized, any eligibility criteria have been met, except to the extent that transfer stipulations give rise to an obligation that meets the definition of a liability and reasonable estimates of the amounts can be made. Transfers are recognized as deferred revenue when amounts have been received but not all eligibility criteria have been met. Expenses Expenses are recorded on an accrual basis. The cost of all goods consumed and services received during the year is expensed. Measurement uncertainty The preparation of the consolidated financial statements in accordance with Canadian PSAS requires management to City of SairtJohn A V Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 2. Summary of significant accounting policies [Cont'd] Measurement uncertainty [Cont'd] make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements, and the reported amounts of revenues and expenses during the year. Key components of the consolidated financial statements requiring management to make estimates include: the useful life of capital assets, impairment of tangible capital assets, rates for amortization and allowance for doubtful accounts in respect of receivables. Estimates are based on the best information available at the time of preparation of the financial statements and are reviewed annually to reflect new information as it becomes available. Measurement uncertainty exists in these financial statements. Actual results could differ from those estimates. Financial instruments The City's financial instruments consist of cash and cash equivalents, accounts receivable, investment in Energy Services, other investments, accounts payable and accrued liabilities, bank loan payable, and long term debt. Unless otherwise noted, it is management's opinion that the City is not exposed to significant interest, currency or credit risk arising from these financial instruments. The fair value of these financial instruments approximates their carrying values, unless otherwise noted. The City is subject to credit risk through accounts receivable. The City minimizes credit risk through ongoing credit management. Cash and cash equivalents Cash and cash equivalents include cash on hand, balances with banks and short term deposits with original maturities of three months or less. Tangible capital assets Tangible capital assets are non - financial assets having a physical substance that: - Are held for use by the City in the production or supply of goods and services, for rentals to others, for administrative purposes or for the development, construction, maintenance or repair of other tangible assets; - Have useful lives extending beyond one year and are intended to be used on a continual basis; - Have a minimum value of $5,000 for individual assets; or $25,000 for pooled assets; and - Are not intended for sale in the ordinary course of operations. City of SairtJohn A rftfai Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 2. Summary of significant accounting policies [Cont'd] Tangible capital assets [Cont'd] Tangible capital assets are recorded at cost which includes all amounts that are directly attributable to acquisition, construction, development or betterment of the asset. Assets that fall below the threshold amounts are expensed for accounting purposes. The cost of the tangible capital asset is amortized on a straight line over the estimated useful life as follows: Asset Type Years Equipment and light machinery 3 -25 Furniture and office equipment 5 -15 Information technology equipment and software 1 -15 Land NIA Land improvements 5 -100 Leasehold improvements Term of lease Municipal buildings 10 -70 Transportation 5 -50 Motor vehicles and mobile equipment 5 -20 Water and wastewater networks 5 -100 In the year of acquisition and the year of disposal, one half of the annual amortization expense is recognized. Assets under construction are not amortized until the asset is available for productive use. Tangible capital assets are written down when conditions indicate that there is impairment in the value of the assets and the reduction in the value can be objectively estimated and it is expected to be permanent. The net write -downs are accounted for as expenses in the statement of operations. Donated or contributed assets are recorded at fair market value at the date of construction or donation. In some circumstances, replacement cost may be used. Segmented information The City provides a wide range of services to its residents. For management reporting purposes, operations and activities are organized and reported by function. This presentation was created for the purpose of recording specific activities to attain certain objectives in accordance with special regulations, restrictions or limitations. Municipal services are provided by service areas as follows: General government services This segment is responsible for the overall governance and financial administration of the City. This includes Council functions, general and financial management, legal matters and compliance with legislation as well as civic relations. 10 City of Saint John AIr Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 2. Summary of significant accounting policies [Cont'd] Segmented information [Cont'd] Protective services This segment is responsible for the provision of policing services, fire protection, emergency measures, animal control and other protective measures. Transportation services This segment is responsible for common services, roads and streets maintenance, street lighting, traffic services, parking and other transportation related functions. Water and sewer services This segment is responsible for the provision of water and sewer services including the maintenance and operation of the underground networks, treatment plants, reservoirs and lagoons. Environmental health services This segment is responsible for the provision of waste collection and disposal. Environmental development services This segment is responsible for planning and zoning, community development, tourism and other municipal development and promotion services. Recreation and cultural services This segment is responsible for the maintenance and operation of recreational and cultural facilities, including the swimming pool, arenas, parks and playgrounds and other recreational and cultural facilities. Energy services This segment comprises a non - generating distribution utility that supplies electricity to municipal, residential, general service and industrial customers through 12 interconnection supply points and substations located in the City of Saint John. It also provides street lighting, area lighting and water heater rental services. Inventory Inventory is valued at the lower of cost and net replacement cost with cost being determined on the first in, first out basis. 11 City of Saint John A r V Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 2. Summary of significant accounting policies [Cont'd] Post employment benefits The City recognizes its obligations under post - employment benefit plans and the related costs, as disclosed in Note 13. Where appropriate, the City has undertaken actuarial valuations. 3. Bank loan payable The City has credit facilities with the Bank of Nova Scotia. According to the terms and conditions of the commitment letter signed between the City and the Bank of Nova Scotia, the City can borrow up to $5.5 million to fund general operations and $25 million to assist in financing capital expenditures pending fall -in of long term financing. The interest rate for the credit facilities is the Bank's prime lending rate less 0.5% per annum with interest payable monthly. As at December 31, 2014, the balance of the bridge financing credit facility was zero (2013 - zero) and the balance of the operating line of credit was zero (2013- zero). 4. Cash and cash equivalents Cash and cash equivalents consists of the following: 13,354,780 14, 346, 982 12 December 31, 2014 December 31, 2013 Unrestricted cash 9,350,810 10,381,248 Restricted cash Reserve for capital purchase 283,500 259,000 Airspace 2049 fund 13,046 12,279 Land sub - division fund 38,373 57,381 Saint John Non Profit Housing future development fund 49,955 49,360 Deposits on contracts 610,524 495,811 Saint John Non Profit Housing replacement reserve 2,937,468 3,032,757 Saint John Non Profit Housing subsidy surplus reserve 51,102 59,146 13,354,780 14, 346, 982 12 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 5. Due from the Federal Government and its agencies Amounts due from the Federal Government and its agencies consist of the following: December 31, December 31, 2014 2013 Canada Revenue Agency HST receivable 773,305 1,023,877 Harbour Cleanup Fund 2,660,000 2,660,000 Gas Tax Fund 4,696,915 2,643,941 Other 114,936 358,658 8,245,156 6,686,476 6. Due from the Province of New Brunswick Amounts due from the Province of New Brunswick consists of the following: December 31, December 31, 2014 2013 Safe Clean Drinking Water Project 1,741,581 - Dept. of Public Safety - Hurricane Arthur 133,501 - Other 1,628,192 1,090,720 3,503,274 1,090,720 7. Accounts receivable Accounts receivable consist of the following: December 31, December 31, 2014 2013 $ $ Due from the Province of New Brunswick (Note 6) 3,503,274 1,090,720 Due from the Federal Government and its agencies (Note 5) 8,245,156 6,686,476 Water and sewer charges to ratepayers 10,068,747 6,856,083 Other 6,503,350 4,824,018 Allowance for doubtful accounts (1,516,108) (900,456) 26, 804,419 18,556,841 13 City of Saint John A rfdaV Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 8. Investment in energy services Change in equity in Saint John Energy: 2014 2013 Equity at beginning of year 51,520,621 57,728,154 Employee future benefits asset write off - (6,306,728) Net earnings 1,869,443 99,195 Equity at end of year 53,390,064 51,520,621 As of June 1, 2013, Saint John Energy offers pension employment benefits under a Shared Risk Pension Plan. On conversion, Saint John Energy wrote off the future benefit asset of $6,306,728 to the capital reserve liability. 9. Other investments Other investments consist of the following: December 31, December 31, 2014 2013 Canada Games Foundation investments 6,937,275 6,558,250 Other investments 1,118,435 1,026,933 Total other investments 8,055,710 7,585,183 The investments of the Canada Games Foundation are held in the custody of Scotiatrust and CIBC Melon. The Foundation's investment strategy is to hold high quality corporate or Government bonds and liquid equity investments which bear no unusual credit or interest rate risk. Fair values of investments in fixed income securities and equities are determined using year end quoted market prices. 14 City of Saint John AAirm7W Report 2014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 10. Accounts payable and accrued liabilities Accounts payable and accrued liabilities consist of the following: 11. Deferred government transfers Deferred government transfers consist of the following: December 31, December 31, 2014 2013 Gas tax funding 2,933,087 5,529,618 Funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. 15 December 31, 2014 $ December 31, 2013 $ Trade payables 20,738,008 24,865,641 Payroll 5,776,687 4,657,047 Deposits 974,396 902,472 Canada Revenue Agency (19,578) (10,584) Conferences and holdings 626,491 589,246 Interest payable 667,835 620,969 Other 160,260 245,512 28,924,099 31,870,303 11. Deferred government transfers Deferred government transfers consist of the following: December 31, December 31, 2014 2013 Gas tax funding 2,933,087 5,529,618 Funding received as part of the Gas Tax Funding program is recorded as revenue in the year during which related expenditures are incurred. Amounts that have not been spent are recorded as deferred government transfers on the Consolidated Statement of Financial Position. 15 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 12, Longterm debt Debentures consist of the following Year of Issue Interest Rate % Term (Years) Annual Payment $ 2014 $ 2013 $ New Brunswick Municipal Finance Corporation Debentures 2004 2.750 to 4,800 10 4,727,000 - 4,727,000 2004 2.750 to 4.800 10 5,148,000 - 5,148,000 2004 3.050 to 5.000 10 337,000 - 337,000 2005 3.750 to 4.375 10 473,000 2,843,000 3,316,000 2005 3.750 to 4.375 10 175,000 1,925,000 2,100,000 2005 3,750 to 4.375 10 40,000 240,000 280,000 2006 4.150 to 4.450 10 733,000 5,136,000 5,869,000 2006 4.150 to 4.450 10 400,000 4,800,000 51200,000 2006 4.300 to 4.450 10 60,000 420,000 480,000 2007 4.450 to 4.850 10 380,000 3,040,000 3,420,000 2007 4.450 to 4.850 10 350,000 4,550,000 4,900,000 2007 4.450 to 4.850 10 33,000 269,000 302,000 2008 3.300 to 4.850 10 567,000 5,098,000 5,665,000 2008 3.300 to 4.850 10 125,000 1,750,000 1,875,000 2008 2.100 to 5.550 15 367,000 3,298,000 3,665,000 2008 2.100 to 5.550 15 175,000 2,450,008 2,625,000 2008 2.100 to 5.550 15 100,000 900,000 1,000,000 2009 0,950 to 5.000 10 933,000 9,335,000 10,268,000 2009 1.000 to 4.500 10 75,000 1,125,008 1,200,000 2009 0.950 to 5.000 10 100,000 1,000,000 1,100,000 2009 1.000 to 4.500 10 567,000 5,665,000 6,232,000 2009 0.950 to 5.000 10 250,000 3,750,008 4,000,000 2009 1.000 to 4.500 10 333,000 3,335,000 3,668,000 2010 1.500 to 4.550 10 1,000,000 11,000,000 12,000,000 2010 1.500 to 4.550 10 250,000 4,000,000 4,250,000 2011 1.650 to 4.250 10 1,667,000 21,999,000 23,666,000 2011 1.650 to 4.250 10 700,000 11,900,000 12,600,000 2011 1.350 to 3,450 10 300,000 3,600,000 3,900,000 2011 1.350 to 3.450 10 350,000 5,950,000 6,300,000 2011 2.060 20 200,000 3,400,000 3,600,000 2012 1.350 to 3.550 15 767,000 9,966,000 10,733,000 2012 1.350 to 3.550 15 425,000 7,650,000 8,075,000 2012 1.350 to 3.550 15 300,000 3,900,000 4,200,000 2013 1.350 to 3.700 15 687,000 9,613,000 10,300,000 2013 1.350 to 4.000 20 550,000 10,450,000 11,000,000 2013 1.350 to 4.000 20 360,000 8,640,000 9,000,000 is The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 12. Longterm debt [Cont'd] 17 City Df Sairrt Jahn Af IQI Repart Z 014 Annual Interest Rate Term Payment 2014 2013 Year of Issue /o (Years) $ $ $ 2014 2.000 20 10,000,000 - 2014 1.150 to 3.900 15 10,600,000 2014 1.200 to 3.500 15 7,940,000 - 2014 1.200 to 3.700 20 - 8,680,000 - 2014 1.150 to 3.900 15 - 400,000 - 2014 1.200 to 2.150 5 280,000 24,004,000 210,897,000 197,001,000 OTHER DEBENTURES Canada Mortgage and Housing Debentures 2009 3.97 15 84,514 1,053,494 1,138,008 Total debentures 24,088,514 211.950,494 198,139,008 17 City Df Sairrt Jahn Af IQI Repart Z 014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 12. Long term debt [Cont'd] Mortgages and other long term debt consist of the following: Date of Interest Maturity Rate Payment 2014 2013 Canada Mortgage and Housing Corporation mortgages Bicentennial Court April 1, 2021 1.80 51,900 351,202 403,102 Rotary Admiral Beatty Apr 1, 2021 1.80 307,839 2,083,144 2,390,983 Main and Rodney Projects Jun 1, 2026 2.26 40,847 542,079 582,926 North End Project Jan 1, 2024 2.11 44,652 451,526 496,178 West Side Project Oct 1, 2024 2.65 38,815 441,311 480,126 Harbourside Aug 1, 2019 2.61 273,196 1,365,374 1,638,570 South End Project Dec 1, 2022 1.67 73,544 634,540 708,084 105 Queen Street May 1, 2025 2.40 19,889 238,017 257,908 46 St. James Street Feb 1, 2023 1.62 32,148 282,914 315,062 147 Queen Street Aug 1, 2028 2.35 8,968 146,081 155,049 28 Taylor Avenue Nov 1, 2029 2.65 10,678 197,613 208,291 Other mortgages CIBC - Rotary Court May 1, 2019 4.067 20,431 408,685 429,116 Manulife Financial - Leinster Street Aug 1, 2018 4.70 128,698 3,913,079 4,041,777 Bank of Nova Scotia - Broadview Avenue April 1, 2015 4.55 6,558 83,744 90,302 Bank of Nova Scotia - 289 Turnbull Sep 1, 2018 4.00 12,932 241,064 253,996 Family and Community Services Affordable Rental Housing Program Forgivable loan - 40 -46 Main Street May 1, 2026 4.45 7,000 79,333 86,333 Forgivable loan - Leinster Street Jul 1, 2028 4.45 45,500 614,250 659,750 Forgivable loan - Broadview Avenue Jul 1, 2027 4.80 5,000 62,500 67,500 Forgivable loan - 183 - 185 Wentworth Jun 1, 2025 5.30 7,000 72,917 79,917 Forgivable loan - 2 Newman Street April 2031 3.10 14,833 216,667 195,500 New Brunswick Housing Corporation Promissory note payable -Rotary Admiral Beatty Com. April 1,2031 4.30 75,000 1,218,750 1,293,750 1,225,428 13,644,790 14,834,218 18 8a. - The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 12. Long term debt [Cont'd] In total, long term debt consists of: December 31, December 31, 2014 2013 Debentures 211,950,494 198,139,008 Mortgages 13, 644,790 14,834, 218 Total long term debt 225,595,284 212,973,226 Mortgages with Canada Mortgage and Housing Corporation are secured by specific rental properties situated in Saint John and, in some instances, a general assignment of rental income. Forgivable loans from the Family and Community Services Affordable Rental Housing Program and the promissory note payable to New Brunswick Housing Corporation are forgiven over a period of twenty years from the first day of the month following project interest adjustment date, provided certain conditions are continuously met. Should a loan become payable as a result of default, the remaining unforgiven balance will bear interest at the rate shown in the table. The forgivable loans are secured by specific rental properties situated in the City of Saint John. During the year, $79,333 was forgiven by the Family and Community Services Affordable Rental Housing Program (December 31, 2013 - $73,000), During the year, $75,000 of the promissory note from New Brunswick Housing Corporation was forgiven (December 31, 2013 - $75,000). The aggregate amount of principal repayments required in each of the next five years and thereafter to meet provisions of long term debt, assuming maturity debt is renewed at terms comparable to those currently in effect, is as follows: 19 2015 20,294,126 2016 23,289,201 2017 19,729,349 2018 17,510,509 2019 27, 751,044 Thereafter 117,021,055 19 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 13. lost employment benefits and compensated absences Description of plan benefits The City provides for the payment of retirement allowances to retiring employees in accordance with the terms of the various collective agreements and Municipal policy. The retirement allowance is based on the member's final annual salary and years of service at retirement. Employees upon retirement from the City are entitled to a retirement allowance equal to one month's pay, to a maximum of six months, for every five years of service. The program has been amended to provide certain employees with a payout option prior to retirement. Accepting the early payout option eliminates further accumulation of retirement allowance entitlement for those employees. The City also provides for employee sick leave. Unused sick leave accumulates to a maximum number of hours which varies by employment agreement. Under this program, employees are not entitled to a cash payment in lieu of sick leave when they leave the City's employment except as described below with respect to the retirement of both outside workers (Local 18) and firefighters (Local 771). Upon retirement, members of Locals 18 and 771 will be eligible to receive 10 % of their regular rate of pay for accumulated sick leave credits in excess of 1,760 hours or 2,280 hours respectively. For employees of the City of Saint John Fire department, who are unable to work due to heart disease or permanent injury to the lungs, the City pays certain amounts to disabled firefighters or their survivor spouse as a result of the provisions of an Act of the Legislature, known as the Act respecting the Saint John Firefighters's Association. As at January 1, 2013, the City's pension plan was converted to a shared risk model. As part of the conversion, the City assumed the obligation for paying existing disability pensions, that had been granted under the old plan, until disabled members reach the age of 65. On a go forward basis, disability coverage is now provided for employees through a long term disability program administered by an insurance carrier. Finally there are specific agreements that obligate the City to pay top up pensions to certain individuals. During the year, the City made payments of $47,472 (2013 - $46,584) related thereto. Valuation techniques and assumptions Actuarial valuations of the above benefits are completed for accounting purposes using the projected benefit method prorated on services. The last actuarial valuation of the post - employment benefit plans was conducted as at December 31, 2014. Previous to that, an actuarial valuation was performed as at December 31, 2013. The above benefit plans are unfunded and as such, there are no applicable assets. Benefits are paid out of general revenue as they become due. 20 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 13. Post employment benefits and compensated absences [Cont'd] A reconciliation of the accrued benefit obligation for these plans, along with the main assumptions used for disclosure and expense calculations are as follows: 2014 2013 Accrued benefit obligation, beginning of year 22,779,800 25,050,701 Current period benefit cost 647,800 712,500 Past service improvement costs, plan amendments 583,200 (232,001) Benefit payments (3,790,300) (3,736,800) Interest cost 950,100 899,700 Actuarial loss 2,504,800 85,700 Post employment benefits and compensated absences, end of year 23,675,400 22,779,800 Main assumptions used for these plans: Discount rate. Salary increase EARSL 2014 2013 $ $ 3.47% 3.00% Range from 13 to 25 4.48% 3.00% Range from 13 to 20 21 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 13. Post employment benefits and compensated absences [Cont'd] These benefit plans require no contributions from employees. The benefit liability as at December 31, 2014 includes the following components: The unamortized actuarial losses will be amortized over the expected average remaining service life ( "EARSL ") of the related employee groups starting in the next fiscal year. EARSL is determined separately for each benefit program. The total expense related to other employee benefits described above includes the following components: 2014 2013 Current period benefit cost 647,800 712,500 Amortization of actuarial loss 82,300 (158,500) Other employee benefit interest expense 730,100 554,000 950,100 899,700 Total expense related to post - employment benefits and compensated absences 1,680,200 1,453,700 22 _� .87:. �,__. 2014 2013 Accrued benefit obligation (carrying value) Retirement allowances 3,750,300 3,311,000 Sick leave 5,563,600 4,976,000 Heart and lung pension 3,445,700 2,833,000 Disability benefits 8,970,000 10,192,000 Contractual top up agreements 1,073,500 719,300 Sick leave - Saint John Transit Commission 872,300 748,500 23,675,400 22,779,800 Unamortized actuarial loss (3,200,500) (778,000) 20,474,900 22,001,800 The unamortized actuarial losses will be amortized over the expected average remaining service life ( "EARSL ") of the related employee groups starting in the next fiscal year. EARSL is determined separately for each benefit program. The total expense related to other employee benefits described above includes the following components: 2014 2013 Current period benefit cost 647,800 712,500 Amortization of actuarial loss 82,300 (158,500) Other employee benefit interest expense 730,100 554,000 950,100 899,700 Total expense related to post - employment benefits and compensated absences 1,680,200 1,453,700 22 _� .87:. �,__. The City of Saint John Notes to the Consolidated f=inancial Statements For the year ended December 31, 2014 13. Post employment benefits and compensated absences [Cont'd] Pension obligation The City of Saint John Pension Plan (Former CSJ Plan) was converted to the City of Saint John Shared Risk Plan (CSJ SRP or the Plan) effective January 1, 2013. The purpose of the CSJ SRP is to provide secure benefits to members of the plan without an absolute guarantee but with a risk focused management approach delivering a high degree of certainty that Base Benefits can be met in the vast majority of potential future economic scenarios. As a Shared Risk Plan, all future cost of living adjustments for current and future retirees and other Ancillary Benefits under the CSJ SRP shall be provided only to the extent that funds are available for such benefits, as determined by the Plan's Board of Trustees, in accordance with applicable laws and the plan's Funding Policy. The assets of the Plan are held by RBC Dexia Investor Services which acts as custodian of the Plan. The assets of the Plan are managed by ten different investment managers who have discretionary investment authority within the investment mandates given to them by the Plan's Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: For service prior to January 1, 2013, the Plan provides for pensions on the defined benefit basis at the rate of 2% per year of service times the average of the three consecutive years of service having the highest salary. Upon conversion to shared risk, the targeted benefit basis for service earned after the conversion date is now 1.8% per year of service times the salary (excluding overtime pay) earned during the relevant year to a maximum salary of $120,000. For service prior to January 1, 2013, the Plan provides indexing at the rate of 1 % per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. The shared risk pension plan extinguishes all accrued rights to automatic future indexing. These automatic adjustments have been replaced by contingent indexing as permitted by the Funding Policy. Under the shared risk model, initial required contributions will based on covered payroll (excluding overtime) and will be 9 % for employees and 12% for employees in the International Association of Fire Fighters and Saint John Police Association (subject to approval from Canada Revenue Agency under the [Income Tax Act]. Members in public safety occupations who accept a non -union position will have a one -time opportunity to elect to continue to contribute at the higher rate. The employer will make initial matching contributions of 11.4% and 15.2 % respectively, representing an average contribution rate of 13% of covered payroll. The initial contribution rates for both employee and employer may be subject to change as a result of the triggering mechanism and limitations imposed by the shared risk funding policy. Also, commencing April 1, 2013, the City is also required to make contributions of 17% of covered payroll (excluding overtime) that will cease in 15 years or when the Plan achieves a minimum funding level of 150% of liabilities using a 15 year open group method. 23 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 13. Post employment benefits and compensated absences [Cont'd] Pension obligation [Cont'd] Under shared risk, the vesting date is defined as the earlier of five years of continuous employment with the employer or two years of membership in the City of Saint John Shared Risk Plan. During the year, the City made pension contributions of $18,160,690 (2013 - $15,117,102). 14. Contingencies In accordance with the Clean Environment Act, the City is also liable for a pro rata share of the debentures and other long term debt issued on behalf of the Fundy Solid Waste Commission ( "Commission "). The portion attributable to the City is determined on the basis of its percentage of total population within all participating municipalities and unincorporated areas. The total of such debt outstanding at December 31, 2014 amounted to $1,790,000 (2013 — $2,649,000). Based on 2003 population figures, the City is liable for approximately 55% of the Commission's debt. The City is, from time to time, subject to various investigations, claims, and legal proceedings covering matters that arise in the ordinary course of its business activities. Management believes that any liability that may ultimately result from the resolution of these matters will not have a material adverse effect on the consolidated financial position or operating results of the City. Legal proceedings were filed against the City of Saint John, the Saint John Police Commission and the Saint John Police Department in December 2013 related to the alleged activity of a former employee. The relief sought has not been quantified in the documents filed with the court and therefore the City is not in a position to estimate the amount of potential liability, if any, in this matter. 15. Commitments Greater Saint John Regional Facilities Commission During 1998, the Greater Saint John Regional Facilities Commission ( "Regional Facilities Commission ") was created by an Act of the Legislative Assembly of New Brunswick. Under the provisions of the Act, the Regional Facilities Commission has the authority to determine the annual amount of total municipal contribution to be made towards the operation of five regional facilities. the Saint John Aquatic Centre Commission, Harbour Station Commission, the Saint John Trade and Convention Centre, the Imperial Theatre and the Saint John Arts Centre. Under the provisions of the Act, the City's contribution is its pro rata share of the Regional Facilities Commission's operating budget based on the tax bases of the participating municipalities of the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay - Westfield and the City of Saint John. The City's contribution is 68.14% in 2014. 24 ,89; The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 16. Short -term borrowings compliance Inter -fund borrowing The Municipal Financial Reporting Manual requires that short -term inter -fund borrowings be repaid in the next year unless the borrowing is for a capital project. The amounts payable between Funds are in compliance with the requirements. Operating borrowing As prescribed in the Municipalities Act, borrowing to finance General Fund operations is limited to 4% of the City's operating budget. Borrowing to finance Utility Fund operations is limited to 50% of the operating budget for the year. In 2014, the City has complied with these limitations. 17. Water and Sewer fund surplus/deficit The Municipalities Act requires Water and Sewer Fund surplus/deficit amounts to be absorbed into one or more of four Operating Budgets commencing with the second ensuing year; the balance of the surplus/deficit at the end of the year consists of: 2014 2013 2014 surplus 2,030,633 - 2013 surplus 1,475,129 1,475,129 2012 surplus 378,827 505,103 2011 surplus 21,585 32,377 2010 surplus 54,278 108,555 2009 surplus - 37,574 3,960,452 2,1 58,738 18. Water cost transfer The City's water cost transfer for fire protection is within the maximum allowable by Regulation 81-195 under the Municipalities Act, based upon the applicable percentage of water system expenditures for the population. 19. Funds held intrust Funds administered by the City for the benefit of external parties are not included in the consolidated financial statements. The amount administered as at December 31, 2014 was $472,901 (2013 - $468,497). 25 -, _, ..._J r .�90_ . r,-_.- The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 20. Funds and reserves 2014 2013 Reserve for capital purchase, beginning of year 259,000 234,500 Additional funds set aside during the year 24,500 24,500 Reserve for capital purchase, end of year 283,500 259,000 The City received funding from the Canada — New Brunswick Municipal Rural Infrastructure Program between 2001 and 2006 to assist with the cost of construction of water and sewerage assets. The agreements require the City to maintain replacement reserve funds, which can only be used to pay for the cost of replacement of specified capital items, unless otherwise approved by the Minister of Environment and Local Government. 26 C" of SairrltJohn ArWal Repart Z 014 CD E Cl) :Q T T Z3 M � 4I U � 41 4) V � t F-- ii w N N f6 Y f0 U CP C (LS V N F � O a C 3 N N � y O QU a`arA � � Y `4 3 x`40 d w fA 7 O �z c O m i CL C m F � C 2' a m E = CL Pr L '7 V 5 r2 W 4�Y U b9 d T C ._ m a3 a � O N M Lo O G1 C. J d1 a E m 7 (ra J O a E 9 C yi J M m O W O Ln Ln 2 r r" r 007 00 M - l N -e r cc O CD C h C7 M CS7 h � M h M r C) to Cl CD co oar r ti � r fD h (p r Ln � co O h N ca (D h C h Ca Ci (D (C (D N lf7 fD V m v co (D �t CD r h r i(7 N (a v cu CO r LO � r r (a r h co N Cl 67 N I O N LO V) co h cl o C] N t4 (7 co co d7 Cl! 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M U) O � U a+ CD N d co QC lf] rfl GH 61 C M1 � r- 0 O = Z m N O c ,y v co 7 Y N V3 co r+ E N Oa E Of 0 co v U C C w Q L�4 6N] O 4 O y v co into r M1 y E e �, E N r O U w N c m d N M1 (D N M1 Cpl r C\J M UU'1 co U7 Oi U7 M1 Ci C7 M C] M1 v Nr 0 V T GO c7 U7 rll co (A N M1 v in d d 00 N 6l d CD U] 6) Cl d (D N � � M � co N d 7 M1 (D V N c (D (D Cl) c� N (Q co c U1 N 61 N N It Cl) L M1 V d CD d N r1 v r � X N � w :3 I m > E 2 a io a m �o R � La 0) a M '8 r co 61 r O O 49 N y C O N 65 U E N d � � (D d ,N " TS N co .f � NO 69 0 o rn C v O 7 O O U m 0 M 6 � O 61 M co cc co c d1 E a 4' 69 a O N N LL to U'7 O = 2 M C co cc CF 0 61 CD o0 3 m M o C u1 Ln LO co N U� u, d cm O j[ O p O L � Q O b9 —1 9 43 m ti co th CD Q7 S 43 C N LU U) LQ C C O Q1 � > U ~U m Lo M1 � v 0 m r C M � n r v r N r M M 4 co Lil �o IlL cl I-- co LO co c* r~ 11;r LO � N M O Gam] co 07 O r M C4 C4 w M CD M r- 7 cD Cc7 CD f Ln N 0 m m � (c1 a M1 fD 114 M r co 61 (0 N C C m Lo M1 � v 0 m r C M � n r v r N r M M 4 co Lil �o IlL cl I-- co LO co c* r~ 11;r LO � N M O Gam] co 07 O r M C4 C4 w M CD M r- 7 cD Cc7 CD f Ln N 0 Y M1 (c1 a M1 fD 114 M r co 61 (0 N C C � tD N 65 D1 E It co v 0 o v 7 O O m 6 6> 61 M co c a 4' O N N to U'7 O N CD M C co cc CF 0 61 M o0 m M o tMD u1 Ln LO co N Q1 QI = n m — m m N C N rL N 4 c1 e m Q m m F r M The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 25. Reconciliation of funding deficit upon adoption of PSAS Deferred Special Top - Pension up Heart and Retirement Expense Agreements Lung Allowances Liabilities at December 31, 2013 as calculated on adoption of PSAS 1,500,000 719,300 2,833,000 3,311,000 Amount of December 31, 2013 liabilities funded in current year (250,000) 354,200 612,700 439,300 Balance to be funded in future years 1,250,000 1,073,500 3,445,700 3,750,300 32 C" of SairrltJohn PaWal Repart Z 014 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support City Manager City Manager 2014 2014 2013 Corporate Planning Budget 324,584 373,073 Intergovernmental Affairs (Unaudited) 62,584 147,519 Corporate Communications 531,754 490,140 431,188 REVENUE Other revenues from own sources General Government Services 2,286,077 1,657,853 1,540,756 Protective services 3,142,520 3,853,646 3,643,387 Transportation services 5,507,844 9,788,001 9,748,298 Environmental health services 90,000 21,680 85,908 Environmental development services 9,543,308 9,590,713 9,927,416 Recreational and cultural services 1,120,501 1,269,558 1,387,587 21,690,250 26,181,451 26,333,352 Contributions from others General Government Services - 106,805 188,936 Protective services - 1,000,000 - Transportation services 230,000 6,309,064 11,056,315 Water and sewer services - 3,481,846 3,483,557 Environmental development services 950,000 543,496 535,910 Recreational and cultural services - 502,396 257,202 1,180,000 11,943,607 15, 521, 920 EXPENDITURES General government services Legislative Mayor's Office 185,895 176,276 172,400 Common Council 402,550 355,246 428,385 588,445 531,522 600.785 City Manager City Manager 529,045 816,687 356,481 Corporate Planning 462,531 324,584 373,073 Intergovernmental Affairs 155,547 62,584 147,519 Corporate Communications 531,754 490,140 431,188 1,678,877 1,693,995 1,308,261 33 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support [Cont'd] Protective services Police Protection 2014 2014 2013 Police Operations Budget 12,920,814 13,601,068 Support Services (Unaudited) 2,186,008 2,124,365 Administration 2,055,979 1,865,473 1,880,603 Common Services 1,182,529 963,700 971,306 City Hall Building 1,841,400 1,813,861 1,734,349 Property Assessment 1,278,852 1,278,852 1,285,071 Public Liability Insurance 615,500 616,557 608,775 3,735,752 3,709 270 3,628,195 Other Common Clerk 664,517 653,094 613,184 Human Resources 1,528,054 1,433,756 1,434,984 Finance 1,845,817 2,241,322 2,233,197 City Solicitor 746,755 711,441 766,215 Materials Management 1,056,147 1,027,119 943,191 Information Systems and Support 2,138,707 2,255,698 1,988,529 Insurance 272,430 216,573 162,684 Debt Charges 26,214,460 15,353,841 11,251,711 Amortization - 6,364,613 6,300,196 General Government Services - 1,635,593 1,974,207 Other - 2,118,093 1,527,046 Regional Services Commission 53,226 53,226 42,054 34,520,113 34,064,369 29,237,198 Total general government 40,523,187 39,999,156 34,774,439 Protective services Police Protection Police Operations 12,872,333 12,920,814 13,601,068 Support Services 2,140,119 2,186,008 2,124,365 Administration 2,055,979 1,865,473 1,880,603 Stations and Buildings 1,182,529 963,700 971,306 Criminal Investigation 3,852,302 4,930,820 4,362,634 Detention Services 483,000 532,491 479,163 Automotive 973,400 517,453 584,306 23,559,662 23,916,759 24,003,445 34 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support [Cont'd] Fire Protection Fire Operations Fire Administration Fire Investigation Fire Prevention Fire Training 2014 2014 2013 Budget (Unaudited) 20,616,775 20,233,725 18,341,033 - - 681,924 74,879 60,346 15,057 942,912 921,039 893,972 - - 449,820 35 21,634,566 21,215,110 20,381,806 Other protective services Inspection Services 1,000,433 1,018,565 991,356 Enforcement Services 195,168 190,884 186,155 Minimum Standards 297,868 261,265 220,099 Dangerous Buildings 419,221 520,595 362,725 Animal Control 82,743 82,743 84,810 Emergency Measures 264,945 132,576 177,670 Emergency Dispatch Centre 2,493,179 2,273,378 2,231,023 4,753,557 4,480,006 4,253,838 Total protective services 49,947,785 49,611,875 48,639,089 35 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support [Cont'd] 36 2014 2014 2013 Budget (Unaudited) Transportation services Public works Roads and Sidewalks 14,656,879 13,084,877 12,333,318 Other Drainage Services 2,250,600 2,023,091 1,930,471 Street Lighting 1,096,857 1,028,511 1,008,380 Municipal Operations 400,608 331,664 330,532 Amortization - Transportation - 12,105,530 12,266,188 Hurricane Arthur - 133,500 - 18,404,944 28,707,173 27,868,889 Fleet Maintenance and Repair 1,267,518 1,098,974 1,187,285 Fleet Administration - 312,759 296,825 1,267,518 1,411,733 1,484,110 General engineering Transportation 499,369 259,202 319,116 Traffic Engineering and Systems 2,345,317 1,967,679 1,697,769 2,844,686 2,226,881 2,016,885 Parking Administration Parking Administration 560,379 480,892 496,625 560,379 480,892 496,625 External controlled entities Saint John Transit Commission 12,153,003 12,920,014 12,829,548 Saint John Parking Commission 3,231,647 2,919,698 2,321,522 15,384,650 15,839,712 15,151,070 Total transportation services 38,462,177 48,666,391 47,017,579 36 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support [Cont'd] 2014 2014 2013 Budget (Unaudited) Water and sewer services Saint John water & wastewater Drinking Water 9,141,000 7,166,561 7,316,154 Industrial Water 1,618,000 878,422 1,114,345 Wastewater 9,356,000 8,244,433 7,584,578 Infrastructure Management 1,326,000 582,971 437,530 Internal Charges 614,000 519,193 101,725 Fiscal Charges 17,042,000 4,384,742 4,224,349 Amortization - 11,953,130 11,327,750 Total water and sewer services 39,097,000 33,729,452 32,106,431 Environmental health services Sanitary Service 3,547,444 3,350,209 3,237,844 Total environmental health services 3,547,444 3,350,209 3,237,844 Environmental development services Research and planning Community Planning 1,255,157 1,060,270 1,141,759 Plan SJ 392,927 273,316 136,847 1,648,084 1,333,586 1,278,606 Administration and Geographic Information Systems (GIS) GIS 324,060 308,950 272,057 Carpenter Shop 440,775 305,370 293,944 764,835 614,320 566,001 Economic development Growth Strategy - - - Market Square Common Area 2,306,226 2,153,712 2,067,726 Regional Economic Development 475,000 475,000 475,000 Regional Facilities 1,732,548 712,635 724,164 Saint John Industrial Parks 300,000 - - 4,813,774 3,341,347 3,266,890 37 The City of Saint John Notes to the Consolidated Financial Statements For the year ended December 31, 2014 26. Revenue and expense support [Cont'd] 2,512,162 2,283,794 2,085,142 38 2014 2014 2013 Budget (Unaudited) Real estate management Property Management 1,091,572 1,201,703 1,183,393 Real Estate 339,805 296,496 300,241 1,431,377 1,498,199 1,483,634 Other environmental development services City Market 943,036 938,362 896,181 Tourism 925,000 918,411 836,830 Community Development 309,971 212,613 234,449 2,178,007 2,069,386 1,967,460 External controlled entities Saint John Development Corporation 833,230 1,869,085 2,193,836 Harbour Station Commission 3,291,340 3,361,754 3,409,919 Aquatic Centre Commission 2,454,657 2,367,131 2,148,301 Trade and Convention Centre 852,652 858,985 776,604 Non Profit Housing 3,460,905 2,627,726 2,535,369 Saint John Industrial Parks 410,775 275,174 281,275 11 303,559 11,359,855 11,345,304 Total environmental development services 22,139,636 20,216,693 19,907,895 Recreational and cultural services Cultural grants Cherry Brook Zoo 60,000 60,000 60,035 Other Cultural Grants 2,313,786 1,402,133 1,214,470 2,373,786 1,462,133 1,274,505 Parks Rockwood Park 527,294 488,344 520,530 Parks General Services 1,984,868 1,795,450 1,564,612 2,512,162 2,283,794 2,085,142 38 a I{ II II II III .II f I 1 :-" ,'.. Mi k lilt 1 �mff�d� tore mat — 9t 7. 9 JJ _ I . 104 lhxtes, City of Saint Jo406nual Report 2014 City of Saint 40anual Report 2014 �,- SAINT JOHN Aussi disponible en franpis. www.saintjohn.ca 107 REPORT TO COMMON COUNCIL M & C 2015 -190 September 9, 2015 His Worship Mayor Norton And Members of Common Council Your Worship and Councillors: ti{ 1 The Citt of Saint John SUBJECT: Land for Public Purposes Trust Fund Application Kiwanis Flay Park For All Children (Rockwood Park) BACKGROUND The Kiwanis Play Park for all children was officially opened in June of 1999 and at that time was the only inclusive and accessible playground in Eastern Canada. This development was made possible through partnerships with the Kiwanis Club, the New Brunswick Children's Foundation, the Province of NB and the City of Saint John Land for Public Purposes Trust Fund (LPP Fund). In 2012, the Porter Memorial Playground Project committee requested funding from the City of Saint John to install a new playground at Seawood Elementary School. This playground was planned to serve as a memorial to Jack and Hannah Porter who were killed in a tragic car accident along with their father, Constable Jason Porter, on February 15, 2009. Hannah was a student at Seawood School. The City of Saint John agreed to contribute $5,000 toward this project from the LPP Fund. Due to changing priorities in the school system in West Saint John, this project is no longer being pursued. The Porter Memorial Playground Project fundraising has now reached $40,000. Earlier this year, City staff were approached to see if these funds could be invested in a playground within the City of Saint John to honour the family. After discussion amongst staff, it was decided to pursue the idea of making an addition to the Kiwanis Play Park For All Children in Rockwood Park. An ensuing application was made to the Province of New Brunswick Family and Youth Capital Assistance Program to support the project. An additional $40,000 was secured as a result of this application. (See attached). W. M&C 2015 -190 Page 2 LPP T[uS1 — Klwanl,, Playpark For All Children This enhancement to the "Kiwanis Play Park For All Children" will provide additional opportunities for our children to be more active through play. The addition will fit in well with the existing facility and will be accessible to persons with disabilities. The total cost of the project is $120,000. Secured funds to date include; $40,000 from the Porter Memorial Playground Project and $40,000 from the Province of New Brunswick. A portion of the remaining funding required can be obtained from the City of Saint John Park Improvement fund ($20,000) already included in the 2015 General Capital Budget, and Staff is requesting an additional $20,000 be granted from the Land for Public Purpose (LPP) fund. The LPP contribution request includes $5000 originally granted to the Porter Memorial Playground Project (i.e. these funds would be redirected). The Kiwanis Club of Saint John supports the addition to this playpark. ANALYSIS This proposed project ties in well with the City of Saint John Parks and Recreation Strategic Plan "PLAY SJ ", which talks about building partnerships and working with community to provide better quality and affordable facilities. PLAYSJ has designated the Kiwanis Playpark as a regional playground and as such endorses maintaining the highest quality for this playground. This project meets the 'Guidelines for Evaluation of Requests for Contributions as a regional playground from the LPP Trust Fund', which is part of the policy document adopted by Common Council (see attached). FINANCIAL IMPLICATIONS The balance in the LPP Trust Fund at the end of September 2015 was $28,374. The application being considered will total $20,000. Should this request be approved the balance of the LPP Trust fund will be $8,374. RECOMMENDATIONS It is recommended that Common Council, under the existing policy, 1. Approve a LPP grant of $20,000 to the Porter Memorial Playground Project, and 2. Direct city staff to apply $20,000 from the City of Saint John Park Improvement Fund towards this project 109 M &C 2015 -190 LPP Trust - Kiwanis I'laypark For All Children Respectfully submitted, Michael !genholtz , P.En . Deputy Commissioner, Transportation and Environmental Services Services Jeff Trail City Manager l'a-e 3 Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Attachments: Funding Application Province of NB (FYCAP) Policies for the Acceptance of land for Public Purposes and Use of LPP Funds 110 McQ C 2015 -190 LPP Trust — Kiwanis Playpark For All Children W a' T1V UM Or$amt John Family and Youth Capital Assistance Program Regional Development Corporation Chancery Place, P.O. Box 60DO Fredericton, New Brunswick, E3B 5H1 Dear Sir /Madarn: Page 4 Please find attached our application for funding in regard to the Rockwood Park /Kiwanis Playpark For All Children upgrade project. This piaypark was designed and installed in 1998. The Kiwanis Playpark for All Children was the first large scale playground in Eastern Canada that was designed to be accessible to children with a disability (see original design attached). This park was designed with the assistance with all ofthe community. Extensive consultation contributed a great deal to ensure full inclusion. Participants included persons with a disability, local disability organizations as well as children of all abilities and many other interested parties. The upgrade to this facility will consist of an addition of another structure to the playground. This addition will also be accessible, complete with contrasting colours, poured in place rubber surface and bumping stations. There are many benefits of providing an accessible play facility including; provides a place for children with a disability to play with their peers who do not have a disability; All children will be able to play at the same level of the structure; Adults who have issues with mobility will be able to access the structures and be able to better supervise children. The City of Saint John is able to partner with the Porter Playground Committee who have raised $40,000 toward the project. This addition will be dedicated to the memory of RCMP Constable Jason Porter and his two children who were tragically killed in a motor vehicle accident in 2009. We look forward to partnering with you on this project. If you have any further questions, please feel free to contact me. Sincerely yours, Barry Freez Coordinator Community and Recreation Development City of Saint John bafry.freezePsaintiohn.ca P 1- 506 -658 -4709 C 1- 506 -658 -4709 F 1 -506 - 658 -4709 s,uN,r 1011N PC]. Box 1971 Saint john, NB Canada 1121-41 ' wv&w.saintjohn.ca C.P. 1971 Saintiohn, NA. Canada E2L 41.1 111 M &C 2015 -190 LPP Trust — Kiwanis Playpark For All Children Page 5 REGIONAL DEVELOPMENT Project Number CORPORATION B?N,"un Nwie Date Received: FAMILY AND YOUTH CAPITAL ASSISTANCE PROGRAM (FYCAP) APPLICATION FORM (2015 -2016) (Please refer to Fund guidelines) SECTION I: PARTICULARS OF THE PROJECT 1. Project title: Location of the project: Rockwood Park, Kiwanis Playpark upgrade Saint John NB (Town / City / Village) 2. Project description: This project is to upgrade the Kiwanis Playpark "for all children." This playground was developed 15 years ago and was designed to meet the needs of all children, including those with a disability. At the time of construction, the cost of this playground was 5250,000. The addition to the playground will continue to service persons with a disability as well as other children. The upgrade of the playground also meets the guidelines outlined in the Recreation Master Plan_ This woufd represent a significant improvement to Rockwood Park. 3. Total estimated project costs and funding sources (refer to section Wand Wli of the Fund guidelines) : A) Estimated project costs - excluding taxes (you must attach contractor /supplier estimates): Building and structures 5 99, 714.71 Machineryand equipment 5 Labour $ 20,000 Other (specify) $ 10,000 City of Saint John Labour Sub -total (A) $ Volunteer labour $ R) Proposed funding sources: Applicant Other government programs (specify) $ 50,000 Other (specify) $ 40,000 Porter plaground Committee Volunteer labour $ Requested FYCAP contribution: $ 40.00 TOTAL (A) $ 129,714.71 TOTAL (Ii) $ 130,000 TOTAL (A) MUST SE EQUAL TO TOTAL. (8) • Yoluntegrlabour: • The amount under Part (A) must be equal to the amount under Part (B) • Please provide detailed information. The amount of volunteer labour will be calculated at $10/ hour and cannot exceed 25%, of the sub -total (A). Nm. runswr6k 112 M &C 2015 -190 LPP Trust — Kiwanis Playpark For All Cbildren Page 6 FAMILY AND YOUTH CAPITAL ASSISTANCE PROGRAM (FYCAP) APPLICATION FORM (2015 -2016) 4. Estimated start date of the project: July 15, 2015 S. Estimated completion date of project: August 31, 2015 SECTION Ii: BACKGROUND OF THE APPLICANT 6. Legal name of applicant: City of Saint John Check appropriate box: 0 Municipality Local Service District ❑ Non- profit Organization Street Address: Mailing Address (if different): 171 Adelaide Street Saint John, NB E21_41_1 7. Name and title of official to whom inquiries may be directed: FZ] Mr. ❑ Ms1Mrs. Name: Barry Freeze Title: Coordinator Community and Recreation Dev. Tel (daytime): 1- 506 - 650 -1723 Fax: 1 -506- 658 -2902 Email: barry.freeze @saintjohn.ca SECTION III: AGREEMENT a) Project must not commence before the applicant receives written notification of approval by the Regional Development Corporation. b) The applicant shall allow any authorized representative of the Regional Development Corporation, at its discretion, reasonable access to the project site(s) and information to verify that the project has been undertaken and completed in accordance with the program objectives and guidelines. c) This contract may be terminated by the Regional Development Corporation upon written notification. 1 CERTIFY THAT THE INFORMATION CONTAINED IN THE APPLICATION IS CORRECT AND I AGREE TO ABIDE BY THE GUIDELINES. Name of applicant ignature Position Date Barry Freeze Z) c,a�aiarcoRmu�rryarreoe� June 1, 2015 Please forward completed and signed application form to: Family and Youth Capital Assistance Program Regional Development Corporation Chancery Place, P.O. Box 6440, Fredericton, New Brunswick, E3B SHt Telephone: (506) 453 -2277 Fax: (506) 453 -7988 Website: http: / /www2.onb ca/ content /onb /en /departmerits /recional development html For direct deposit service, please contact the Corporation for the form. New�Na4 Brunswi cueau ck 113 M&rC 2015 -190 LPP Trust — Kiwanis Playpark For All Children New Nouveau runswr6 C A N A ➢ A July 13, 2015 His Worship Mel Norton Mayor of Saint John P.O. Box 1871 15 Market Square Saint John, New Brunswick E2L 4L1 SUBJECT: Family and Youth Capital Assistance Program Project No_: 8216 Project Name: City of Saint John - Community Development Dear Mr. Mayor: I am pleased to inform you that the above -noted project has obtained support from the Family and Youth Capital Assistance Program. A financial contribution up to $40,000 for the City of Saint John (the applicant) has been approved for this project. Eligible costs and funding for this project are described in Appendix A. Financing Conditions The applicant must provide confirmation within 60 days of this offer that all other financing has been obtained prior to release of any funds for the project. Reimbursement Procedures Any claim for reimbursement for the contribution must be supported by copies of invoices and proof of payment of those invoices. Each claim for payment shall be submitted on forms herein provided. Claims must be submitted by March 31, 2016. Electronic copies may be obtained at: www, g nb.calydc Terms and Conditions The approval of this project is subject to the following; 1. No public announcement of funding or milestone events such as official openings and ribbon - cuttings shall be made by the recipient without the prior consent of the Regional Development Corporation, 2. The applicant shall not change the project scope, purpose or eligible costs without prior written approval of the Regional Development Corporation. Regional Development Corporation/SocA16 de developpement regional P.o. Box1C -P. 6040 FreoeHclon New BrunswichlNouveau-Brunswick 013 5H1 Canada E 114 Page 7 www.gnt3.ca M &C 2015 -190 LPP Trust — Kiw°anis Playpark For All Children 3. Project work must begin within 60 days of the Regional Development Corporation receiving confirmation of financing, 4. The applicant shall allow any authorized representative of the Regional Development Corporation reasonable access to the project site(s) and information. 5. Any costs incurred prior to April 1, 2015 are not considered eligible expenses under this offer. 6. The applicant must adhere to all labour and environmental laws and regulations. 7. No Members of the Legislative Assembly, their staff, or their immediate family members shall be a party to this project or derive any benefit arising therefrom_ 8. Any unused portion of this contribution must be reimbursed to the Regional Development Corporation. All correspondence with respect to the involvement in the project is to be forwarded to Wendy Duguay. If you are in agreement with the terms and conditions of this offer, please sign the enclosed copy of this letter and return it to the Regional Development Corporation. Please note that failure to do so within 30 days renders this offer null and void. Sincerely, �;t_zz Sill Levesque President Enc. This offer accepted on behalf of the City of Saint John for Project: 8216 - Community Development Mayor, - City Manage{ r: rz__ _ Date: 115 Page 4 M &C ?015 -190 LPP Trust — Kiwanis Playpark 1~or All Childt-en Appendix A Page 9 Project 8216 City of Saint John - Community Development Total Approved Contribution 2015 -2016 Family and Youth Capital Assistance program $40,000 Project Total! $40,000 Regional Development Corporation will reimburse 50% of eligible costs up to the total approved contribution. Eligible Cost(s) Structures and freight $88,243 Total $88,243 116 M &C 2015 -190 LPP Trust — Kiwanis P1ayPark For All Children Page 10 POLICIES FOR THE ACCEPTANCE OF LAND FOR PUBLIC PURPOSES AND USE OF LPP FUNDS City of Saint John, New Brunswick Adopted by Common Council November G, 1 995 Amended by Common Council August 20, 2001 117 M &C 2015 -190 Page 11 LPP Trust — Kiwaziis Playpark For All Children TABLE OF CONTENTS 1. Introduction I 2. Definitions I 3. Enabling Regulations 4 Policy 1: LPP Alternatives 4 4. Land For Public Purposes 5 Policy 2: Steps for acceptance of LPP 5 5. Money in Lieu of Land 5 Policy 3: Requiring Money in Lieu of Land 6 Policy 4: Determining the Amount of Money 6 Policy 5: Determining Market Value 6 6. Combining Land and Money 6 Policy 6: Acceptance of a Combination of Land and Money 6 Policy 7: Using LPP Money 118 7 M &C 2015 - 190 LPP Trust — Kiwanis Playpark For All Children INTRODUCTION Page 12 The development of vacant land for the purposes of human habitation results in a further demand for land for recreational enjoyment of the neighbourhood, community and the city. The Community Planning Act recognizes this need and requires that land which is part of a subdivision be set aside for public purposes, or that money in lieu of land is received by the municipality. 2. DEFINITIONS "Acts" refers to the Community Planning Act of New Brunswick. The following definition is directly quoted from the Community Planning Act: "land for public purposes" means land other than streets, for the recreational or other use or enjoyment of the general public, such as (a) an access to a lake, river, stream, sea or other body of water, (b) a beach of scenic area along the shore of a lake, river, stream, sea or other body of water, (c) a conservation area, (d) land adjoining a school, for joint recreational purposes, (e) land for a community hall, public library, recreational use or other similar community facility, {f) open space, to provide air and light, to afford a view to or fi-om a development or to a lake, river, stream, sea or other body of water, or for other purposes, (g) a park, green belt or buffer area dividing developments, parts of a highway or a development and a highway, (h) a pedestrian way to a school, shopping centre, recreational area or other facility, {i) a protection area for a water course, stream, marsh, water supply lake or other body of water, 0) a public park, playground or other recreational use, (k) a visual feature, or (1) a wooded area, slope area or a site giving view to a scenic area to provide diversity. 119 M &C 2415 -190 Page 13 LPP Trust — Kiwanis Playpark For All Children 3. ENABLING LEGISLATION AND REGULATIONS The Community Planning Act requires the developer of a subdivision to set aside land for public purposes in an amount not exceeding 14% or in lieu of land, and at the discretion of Council, money not to exceed 8% of the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land to be dedicated for streets. Exemptions In accordance with the Act, Section 22(2) of the Subdivision By Law has exemptions for the supply of Land for Public Purposes when: (a) land to be re- subdivided for the purpose of correcting or rearranging boundaries or land previously included in an area subject to the requirements of this Section or to a corresponding Section under a previous Act; (b) that part of a subdivision which creates a piece of land solely for the purpose of being assembled with or added to adjoining land; (c) a parcel of land which was on or before May 26, 1978 under distinct and separate ownership from adjoining; parcels and so registered in the Registry Office of the County of Saint John, and which is not capable of being subdivided into not more than three lots; or (d) the first new lot, of a size not capable of further subdivision, out of a parcel under distinct and separate ownership from adjoining parcels and so registered in the Registry Office on May 26, 1978, when the parcel is capable of being; subdivided into more than three lots. Policy 1: LPP Alternatives Where a dedication for Land for Public Purposes is required it shall be the policy of Council to accept: (a) land; or (b) money in lieu of land, where reserve land is determined to be unnecessary at present or in the future development of the area; or (c) a combination of land and money equal to the percentage requirements. 4. LAND FOR PUBLIC PURPOSES Land shall be provided by the developer to the City in accordance with Section 22 of the Subdivision By Law at the time of subdivision. Land will always be required with the exception of "money in lieu" of land, as required in the situations identified in Section 5. 120 M &C 2015 -190 Page 14 LPP Trust -- Kiwanis Playpark For All Children Policy 2: Steps for the acceptance of Land for Public Purposes (1) The following steps shall be taken when determining the suitability of Land for Public Purposes. The parcel of land shall: (a) be accepted when in accordance with the needs identified in the Recreation and Open Space Strategy, or Municipal Development Plan or Neighbourhood Plan, or other applicable City By Laws, policies or documents where the criteria for parks and recreational lands and systems have been identified; (b) be suited in size, shape, quality and character for the purpose most suited to the needs of the neighbourhood and or in some situations the larger community as determined in (a); (c) be accessible by direct legal means of a public roadway or some other alternative means acceptable to Council having a minimum width to permit necessary access of emergency vehicles when developed for use; (d) be located, in the subdivision of lands capable of ten or more lots in the most appropriate location for the future development must be located adjacent to a road reserve or access acceptable to Council; (e) meet public access and frontage requirements deemed suitable by Council for the public use of the property. 5. MONEY IN LIEU OF LAND In accordance with Section 42(3)(8) of the Community Planning Act and the Subdivision By Law, Council may require `money in lieu of land' to meet the recreation and open space needs of the neighbourhood and/or community. Money gained are to be expended by Council for acquiring or developing LPP. In many cases money would be more appropriately used for meeting these needs. Policy 3: Requiring Money in Lieu of Land Council shall require money in lieu of land when: (a) it has been determined that the land for public purposes is not needed in the neighbourbood and or community now or in the foreseeable future; or (b) the amount of land which would be available is unsuitable to meet the needs of the area. Policy 4: Determining the Amount of Money In accordance with the Community Planning Act and the Subdivision By Law, the amount of money owing will be based on the market value of the land in the 121 M&C 2015 -190 LPP Trust — Kiwanis Playpark For All Children Page 15 subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned. Policy 5: Determining Market Value Market value will be determined by Housing and Property Management Department with input from other City departments, recent sale information and professional appraisers as required. if a dispute on the value arises between the developer and the City, the developer will be responsible for engaging a professional appraiser to support their position. The difference between the two appraisals will be used to determine market value unless influences on the market value have been overlooked by either party. 6. Combining Land and Money To facilitate the development of Land for Public Purposes in accordance with the needs of the area, Council may from time to time accept from the developer a combination of land and money in lieu of land for the total Land for Public Purposes requirement. Policy 6: Acceptance of a Combination of Land and Money In rendering a decision on the acceptance of a combination of land and money for the Land for Public Purposes Council shall: (a) ensure that the sum total of any combination of the two, land or money, is of a value equal to, or greater, than the Land for Public Purposes requirement, (b) ensure that the combination of the two will meet the needs of the area; (c) from time to time, as the opportunity presents itself, enter into an agreement with the developer to carry out the development of the site in accordance with the requirements of the area. Policy 7: Using LPP Money Money is gained in the subdivision process through the enabling provisions of the Community Planning Act and the municipal Subdivision By Law. The Act requires that this money is placed in a special account and that it can only be spent on acquiring or developing land for public purposes. To spend this money, it shall be the policy of Council to: (a) evaluate, in accordance with Policy 2, the need to acquire or develop land for public purposes in, (i) the subdivision from which the money was gained, (ii) the local area near or around the subdivision and 122 M &C 2015 -190 LPP Trust — Kiwanis PlayPark For All Oildreai (iii) the community at large; Page 16 (b) limit the amount of LPP funds used on any one site to a maximurn of $50,000 dollars in any one year. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest. In this case Council may approve up to $75,000 in any one year; (c) use LPP funds for recreational and public uses described in the Acts` description of LPP. (d) Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund • Projects must comply with the Community Planning Act definition of Land for Public Purposes. • Common Council may set the maximum LPP expenditure for the year. • Applications from community groups for LPP funds will be reviewed twice per year, in May and November. The deadlines for receipt of applications will be April 30 and October 31. • Applications for playground funding will be assessed on whether the playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of the Park Classification system of the City of Saint John Recreation and Open Space Strategy. • The maximum eligible funding from the LPP Trust Fund for playground projects will be based on the park classification, and will be limited to local - $5000, community - $10,000 and city or regional - $50,000. The funding limit is inclusive of all phases of a project. • LPP funds shall not exceed more than 50% of the project cost. • When considering monies and in -kind contributions that the community contributes to a project as matching funds, any monies from other government sources is to be excluded. • Preference will be given to playgrounds developed at public schools. • Developments must provide barrier -free access to some of the facility. • Preference will be given to new developments, and especially in areas where there is a lack of recreation facilities. • Common Council at its sole discretion may choose to provide LPP funding 123 MRC 2415 -190 LPP Trust -- Kiwanis Playpark For All Children to a project, as it deers appropriate. Page 17 1) That this arnendnient be implemented immediately, with the first deadline for applications being; October 31, 2001 and further that, 2) Outstanding applications for funding; from the LPP Trust that have been received prior to this date be considered based on the policy in place when the application was made to Common Council. 124 INDUSTRIAL AR�IcS saintjohnindustrial. ca @partneringrowth September 16, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors; SUBJECT: Saint John Industrial Parks Update to Council At its meeting of September 9, 2015, the Saint John Industrial Parks Ltd. Board of Directors directed the GM to prepare a brief for Common Council to update its sole shareholder of the recent activity. MANDATE SJIP's mandate is to acquire and improve sites as well as industrial park infrastructure to facilitate the sale of land and the improvement of sites, generating increased tax base as well as creating or retaining jobs. BARGE The Spruce Lake Barge Terminal Project is currently slightly behind schedule from a construction perspective however it remains on budget. The volume of rock blasted and removed is slightly behind schedule due in part to a slightly slow start in May /June and due in part to the marine side construction work being adjusted slightly forward in the work plan. The rock item can be remedied with the addition of an excavator and another rock truck or two. Attached please find the most recent monthly construction update. SJTP has been meeting regularly with Opportunity New Brunswick and Enterprise Saint John representatives on and off the project site in an effort to raise awareness for the construction progress, to prepare marketing and Saint John Industrial Parks Ltd. • P 506 658 4418 F506658283-Y15 Market Square, 10th floor• P.o. Box 1971Saint John, NB E2L 41- 1 125 -2- communication pieces for industry and business attraction agencies and to monitor the opportunities which may arise in the advanced manufacturing sector. Industry has advised they are currently bidding work which would involve moving pieces through the barge facility. These procurement processes are long and onerous however the feedback from industry is that without the realization of the barge terminal, these opportunities would not be available. LAND ACQUISITION As Council is aware SJIP is in need of additional inventory and must design /engineer and prepare the lands to a standard that would support the capture of opportunities. In East Saint John Saint John Industrial Parks has identified a four parcel, 75 acre +/- assembly off Bayside Drive which would become the home of McAllister Park II. The key land acquisition is being held up as the Province has undertaken a review of its property disposal process. SJIP is working closely with the adjacent land owners to keep them warm to the idea of selling however if SJIP can't secure the Province's parcel the remaining assembly may not make sense from a development perspective. SJIP has no meaningful inventory for resale in East Saint John, In West Saint John SJIP suffers a somewhat similar fate although its limited inventory is increasing in size and quality due to the placement of excess rock from the barge terminal project upon SJIP lands. The Lorneville Industrial Site acquisition is also currently on hold due to the Provincial review of its land disposal process. A meeting was held on September 11 in Fredericton in an effort to bring the Department of Transportation and Infrastructure (DTI) up to speed on the engineering /design work performed on the LIS lands and the projected costs associated with improving upwards of 150 acres of land along the King William Road. The meeting seemed very productive. It is SJIP's hope to have PNB partner in the development by selling the desired land for $1 in recognition of the development costs SJIP would incur to prepare the lands to a marketable state. 126 -3- It is also worth noting that SJIP is partnering with ESJ, Port and ONB on a study by Deloitte which will look at the City's industrial asset collection and determine which downstream operations might locate to Saint John and further determine if the 700 acre "heart" of the LIS is of interest to a "global developer ". SJIP advised DTI officials that the parcels it is interested in within the Lorneville Industrial Site do not erode the key piece of the lands under study. DTI has asked that SJIP formalize its offer to acquire approximately 35 acres of the 150 acre SJIP has been seeking from PNB in the LIS for $1 MARKETING AND COMMUNICATION SJIP has also worked closely with City staff, the Lorneville Community and other stakeholders through the communication of the blasting activities at the Barge site in an effort to minimize impacts to the neighbours. Since the communication protocol has been put in place there hasn't been a single complaint registered with SJIP. A Spruce Lake Barge Facility data sheet has been created for ESJ, ONB and industry sales teams (attached). Finally, SJIP participated with Saint John Waterfront Development in its annual Urban Development Report and has a prominent presence in the document. Saint John Industrial Parks would be pleased to present to Council at its request should Council desire same. RECOMMENDATION: Receive and file. Respectfully submitted, Saint John Industrial Parks Ltd. C � � �� 64�,� Lois J. Vincent President 127 Lorneville Harbour Barge Terminal Monthly Progress Summary August 2015 INTRODUCTION This report contains information related to the construction and management of the above noted project for the month of August 2015. Key Construction Activities • Quantity Surveying Summary Quality Assurance Testing • Schedule Validation • Budget Control Key construction activities, surveying summary and QA testing information is broken down into weekly sections complete with photographs. This information is appended. Schedule validation and budget control are discussed below. Schedule Validation The primary unit price items for the month of August are solid rock excavation and R -3000 armour stone. The contractor's schedule is appended. Relevant comments are provided below. • The contractor's schedule includes the percentage of each task completed o Grubbing was completed in June 0 75,000 m3 of the projected 84,000 m3 of common fill was completed at the end of June, no additional common fill was excavated during July or August; the remainder of the common fill is contained in access roads that are currently being used for hauling excavated rock. Common fill excavation cannot be completed until rock excavation is complete. • An additional 60,000 m3 (for a total of 120,000 ml) of rock was excavated in August. Therefore, 56% of the projected rock excavation has been completed. The original schedule projected 82% completion at the end of August. However, the schedule has been revised by Caldwell & Ross; the revised schedule projects completion of rock excavation at the end of October rather than mid - September. • During July, 4000 m3 of the projected 6600 m3 of tidal zone excavation and fill was completed. This task is now 61 % complete. • During August, $351,000 of materials were acquired for the steel sheet pile wall system. As per the revised schedule, construction will take place from September to the end of November. We are allowing for 75% of this item in the August claim. • The monthly actual and projected progress of each of the scheduled tasks is included in the attached bar charts, see below. 128 • In addition to the tasks demonstrated in the appended bar charts: 0 1500 m3 ($15,000) of 300 mm minus quarried rock and 1000 tonnes ($30,000) of R -3000 armour stone have been placed; * 400 mz ($2,800) of geotextile N5, 5200 mz ($6,500) of hydraulic seeding, and 2170 mz ($1,627) of mulching have been placed; 0 6 pre -cast concrete barriers ($3,600) have been constructed; 0 75% ($30,000) of the environmental protection measures have been carried out. 129 100.00% a a 90.00% H y 80.00% C O E 70.00% T 60.00% a 50.00% CL 40.00% u 30.80% m M 20.00% Y 10.0()% a 0.00% 100.00% v 90.00% 80.00% C 70.00% 60.00% a� n 50,00% Q 0 40.00% U ai 30.00% as 20.00% 9J U v 10.00% Actual Monthly Progress - Percentage of work completed i i I Mobilize Grubbing Common Rock Tidal zone exc. Steel sheet pile excavation & fill wharf Tasks Planned Monthly Progress - Percentage of work completed 0.00% — Mobilize Grubbing Common Tasks 130 D August 171 July ■June ■ May ❑ August nJuly ■June ■ May ■ n Rock Tidal zone exc. Steel sheet pile excavation & fill wharf Tasks 130 D August 171 July ■June ■ May ❑ August nJuly ■June ■ May Budget Control /Rock Excavation Look -Ahead During the months of May, June, July, and August numerous topographic surveys were conducted as the contractor continued to expose solid bedrock. Currently the estimate for this unit is 210,000 cubic metres versus 218,000 metres originally estimated in the tender. Given the inherent variability in these measurements, they are in close agreement, and are not anticipated to have a negative impact on the construction budget. A comprehensive topographic survey was planned for August; however, site logistics prevented the completion of the survey. This task will be carried out in September. Accounting for rock utilized on site, currently we predict a surplus of approximately 170,000 cubic metres of bedrock (solid measure). Of this approximately 100,000 cubic metres is destined for SJIP fill sites. The remaining 70,000 cubic metres (185,000 tonnes) is available for additional grading, local aggregate market or stockpiling. Presently, an estimated $2,131,400 of the unit price work has been carried out (in bar charts below). Following the original schedule presented by Caldwell & Ross, $2,641,900 of work was expected to be complete at this time. Caldwell & Ross submitted a revised schedule at the end of August which includes adjustments to several of the scheduled tasks; however, the completion date is the same as the original schedule (November 30). Note: 1500 m3 of 300 mm minus quarried rock ($15,000), 1000 tonnes of R -3000 armour stone ($30,000), 400 m2 of geotextile N5 ($2,800), 5,200 m2 of hydraulic seeding ($6,500), 6 pre -cast concrete barriers ($3,600), 2170 m2 of mulching ($1,627) and 75% of the environmental protection measures ($30,000) have been completed and materials totalling 32% ($351,000) of the steel sheet pile retaining system cost have been acquired. The items are not included in charts below. 131 $2,50Q,OQ0.00 , $2,000,000.00 0 75 $1,500,000.00 a) Q E 0 $1,000,000.00 N 0 $500,000.00 3 LA $ 3,000,000.00 zs c v N $2,500,000.00 0 Fa $2,000,000.00 v a a, E $1,500,000.00 0 U Y $1,000,000.00 0 0 m $500,000.00 E D Actual Monthly Progress - in Dollars Mobilize Grubbing Common �n Rock Tidal zone Steel sheet excavation exc. & fill pile wharf Tasks Planned Monthly Progress - in Dollars _ i N Mobilize Grubbing Common 4180.111Monthly Progress Summary August 2015 132 Sum Sum ❑August ❑July ■June ■ May 0 August ❑July ■June ■ May I I I I Rock Tidal zone Steel sheet excavation exc. & fill pile wharf Tasks 132 Sum Sum ❑August ❑July ■June ■ May 0 August ❑July ■June ■ May ID j7 ask Name Duration5tart 1 Mobilize 21 days 15/05/11 2]Grubbing 29 days 15/05/11 3 Common 35 days 15/05/20 4 Rack Excavation 100 day 15/06/15 5 Tidal Zone Exc. & Fill 15 days 15/07/26 6 Crushing 10 days 15/10/19 7 Place Crushed Rock 10 days 15/10/19 8 Steel Sheet Pile Wharf 66 days 15/08/31 i 9 Armour Stone Rip Rap 47 days 15/08/17 Lorneville Harbour Barge Terminal Progress Schedule - Revised Schedule August 31, 2015 '15 Ma 0'15 Ma 15lun1 �,15jul�OQ 1'15 Ju1?6i'15Au � � 5 F S I TyL= M __�_S T! T S li 83% 05/11 100% 06/15 133 07/26 =MOM% 08/31 08/17 f Sep 2;;'15 Oct I T ' T 10/19 � 10/19 56% '15 Nov 2!'1 _S__T� T 32% �L �Q GEMTEC Sag RGEMTEC Limited tel: 506.657.0200 othesay Avenue fax: So6.657 -0207 Saint John, NB saintjohn�Dgemtec.ca CONSULTING ENGINEERS E2H 2G9 www.gemtec,ca AND SCIENTISTS WEEKLY PROGRESS SUMMARY Lorneville Harbour Barge Terminal Project GEMTEC Project No.: 4180.11 GEMTEC Onsite Rep.: Brad Marr Week of: August 4 to 7, 2015 General Contractor: Caldwell and Ross Ltd. Compiled by: Marco Sivitilli Site Superintendent: Dave Ferguson Days Lost due to Weather: None Summary of Key Construction Activities: - Blasting for rock excavation occurred on August 5, 2015 in the area of Station 0 +500 to 0 +540. - Contractor excavating blasted rock in areas of Stations 0 +525 to 0 +530, 0 +780 to 0 +820, and 0 +880 to 0 +890. Contractor continued filling and grading vacant lots on White Rocks Road for development using this excess blasted rock from the barge terminal road alignment. - Contractor completed tidal zone excavation in area of wharf at the end of the alignment. One excavator and subcontracted double- tandem trucks were used. Excavated material was deposited in the disposal area adjacent to the alignment. - Contractor hydro seeded and mulched alignment backslopes on the upper side of the alignment in the area of Station 0 +620 to 0 +730 and 0 +800 to 0 +920. Hydro seed and mulch was spread on backslopes on both sides of the alignment in the area of Station 0 +000 to 0 +120. - Contractor constructed new haul road from alignment to adjacent property. - Contractor began pouring precast concrete blocks (wharf components) in Contractor's Fredericton yard. Pours occurred on August 4 and 6, 2015. - Common excavation is practically complete. Only areas beneath temporary construction roads and some minor areas from Station 0 +300 to 0 +500 need more excavation. Summary of Surveying Conducted: - Stake -out of finished grades in White Rocks Road development lots. - Topographic survey of harbour bottom in area of tidal excavation. Civil • Environmental • Geotechnical • Testing & Inspection • Transportation 134 /CA Certified Testing Lab Sp A233 concrete Page 2 cf 5 Summary of QA Testing Conducted by GEMTEC: - Field testing of concrete (air content, slump, and cylinders for concrete compressive strength) for precast concrete blocks (wharf components) in Contractor's Fredericton yard. Summary of Other Tests or samples conducted by GEMTEC: - Sampling of rock dust for ARD (acid rock drainage) testing on August 5, 2015 (2 samples). Other Notes: - Progress Meeting No. 10 Held on August 4, 2015. - Contractor was informed that silt fencing along upper portions of the alignment was in disrepair and requires attention. - Finished grade on White Rocks Road lots was adjusted in the field in conjunction with Brian Irving. The concern was with regards to the finished elevation of these new lots for development in relation to existing properties. - Contractor did not work on August 3, 2015 due to Civic holiday (NB Day.) Photos: Tidal Zone excavation in the area of wharf structure at the end of the alignment. 135 Page 3 of 5 V Shaping and spreading topsoil on backslopes in approximate area of Station 0 +800. Shaping of backslopes in approximate area of Station 0 +300. 136 rage 4 of 5 Rock cut in the area of Station 0 +780. 7 cya d, Rock excavation in the area of Station 0 +880. 137 Pace 5 of 5 Construction new haul road from alignment to adjacent property. Placing and grading vacant lots on White Rocks Road for future development. 138 GEMTEC 589 R GEMTEC Limited tel: 506.657.0200 othesay Avenue fax: 506,657,0201 Saint John, NB saintjohnc�gemtec.ca CONSULTING ENGINLLRS E2H 2G9 www.gemtec.ca AND SCIENTISTS WEEKLY PROGRESS SUMMARY Lorneville Harbour Barge Terminal Project GEli Project No.: 4180.11 GEMTEC Onsite Rep.: Brad Marr Week of: August 11 to 14, 2015 General Contractor: Caldwell and Ross Ltd. Compiled by: Marco Sivitilli Site Superintendent: Dave Ferguson Days Lost due to Weather: None Summary of Key Construction Activities: - Blasting for rock excavation occurred on August 13, 2015 in the area of Station 0 +740 to 0 +760. - Contractor excavating blasted rock in areas of Stations 0 +525 to 0 +540 and 0 +850 to 0 +920. Contractor continued filling and grading vacant lots on White Rocks Road for development using this excess blasted rock from the barge terminal road alignment. Contractor also hauled some material to stockpiling area on private property adjacent to the terminal alignment. - Contractor completed constructing a new haul road from alignment to adjacent private property for stockpiling area. - Contractor began constructing a rock fill staging area at the end of the alignment in the area of the wharf structure. This fill is in the area of Station 0 +920 to 0 +960 and will work as a platform to construct the temporary tressel structure and sheet pile wharf. - Contractor continued pouring precast concrete blocks (wharf components) in Contractor's Fredericton yard. Pour occurred on August 14, 2015. - A 110 tonne Link -Belt crane was mobilized and assembled onsite. This crane will be used for the construction of the temporary tressel and wharf structure. - Some tie -back rod components for the wharf structure were delivered to the site. - Contractor dug test pits in the area of the sheet pile wharf to loacte bedrock elevation to allow EDCL to review the design elevation of deadman anchors in wharf structure. - Common excavation is practically complete. Only areas beneath temporary construction roads and some minor areas from Station 0 +300 to 0 +500 need more excavation. Summary of Surveying Conducted: - Stake -out of finished grades in White Rocks Road development lots. - Topographic survey of adjacent private lot. Civil - Environmental - Geotechnical - Testing & Inspection - Transportation A Certified resting Lab 139 t • A283 Concrete Pag_ 2 of 4 Summary of QA Testing Conducted by GEMTEC: - Field testing of concrete (air content, slump, and cylinders for concrete compressive strength) for precast concrete blocks (wharf components) in Contractor's Fredericton yard on August 14, 2015. Summary of Other Tests or samples conducted by GEMTEC: - Sampling of rock dust for ARID (acid rock drainage) testing on August 12, 2015 (2 samples). Other Notes: - Progress Meeting No. 11 Held on August 11, 2015. - Contractor was informed that silt fencing along upper portions of the alignment was in disrepair and requires attention. - Finished grade on White Rocks Road lots was adjusted in the field in conjunction with Brian Irving. The concern was with regards to the finished elevation of these new lots for development in relation to existing properties. - Some oversized material ( +10 tonne particles) noted to be in the most recent blast conducted on August 13, 2015. Photos: Placing rock fill and grading lots for development on White Rocks Road. 140 Page 3 of 4 Rock Excavation in the approximate area of Station 0 +880. Rock excavation in the approximate area of Station 0 +880. 141 Page 4 of 4 Constructing rock fill for staging area in the wharf structure area (Station 0 +950). Constructing rock fill for staging area in the wharf structure area (Station 0 +950). 142 GEMTEC CONSULTING ENGINEERS AND SCIENTISTS GEMTEC Limited 5s9 Rothesay Avenue Saint John, NB E2H 2G9 to I: 5o6.657.0200 fax: 5o6.657.0201 sa intjohn(a)gemtec.ca www,gemtec.ca WEEKLY PROGRESS SUMMARY Lorneville Harbour Barge Terminal Project GEMTEC Project No.: 4180.11 GEMTEC Onsite Rep.: Brad Marr Week of: August 17 to 21, 2015 General Contractor: Caldwell and Ross Ltd. Compiled by: Marco Sivitilli Site Superintendent: Dave Ferguson Days Lost due to Weather: None Summary of Key Construction Activities: - Blasting for rock excavation occurred on August 19 and 21, 2015 in the area of Stations 0 +850 to 0 +890 and 0 +810 to 0 +850, respectively. - Contractor excavating blasted rock in areas of Stations 0 +750 to 0 +860. Contractor continued filling and stockpiling on private property adjacent to the terminal alignment. - Contractor placed some armour stone and filter fabric at toe of rock fill in the area of the wharf structure. - Sub- contractor (Hogan Paving) mobilized crushing plant to site and crushed approximately 5000 tonnes of 75 mm minus crushed rock material. This material will be used as backfill in the wharf structure around tie -back rods, sheet piles, and anchors. - A 110 tonne Link -Belt crane was transported to the wharf area of the site. This crane will be used for the construction of the temporary trestle and wharf structure. - Temporary trestle structure components, tie -back rod components, and sheet pile for the wharf structure were delivered to the site. - Contractor dug test pits in the area of the sheet pile wharf to located bedrock elevation to allow EDCL to review the design elevation of deadman anchors in wharf structure. - Common excavation is practically complete. Some cleaning conducted in the area of 0 +300 to 0 +325. - Contractor continued pouring precast concrete blocks (wharf components) at Contractor's Fredericton yard. Summary of Surveying Conducted: - Stake -out of Armour stone limits in the area of the wharf structure. - Stakeout of Stations and alignment centreline from 0 +975 to 0 +990. Civil • Environmental • Geotechnical • Testing & Inspection • Transportation Certified Testing Lab 143 H283 Concrete Page 2 of 5 Summary of QA Testing Conducted by GEMTEC: - Field testing of concrete (air content, slump, and cylinders for concrete compressive strength) for precast concrete blocks (wharf components) in Contractor's yard. Weighed and labeled several armour stone rocks for reference for classification and sizing. Summary of Other Tests or samples conducted by GEMTEC: - Sampling of rock dust for ARID (acid rock drainage) testing on 19, 2015 (2 samples). Other Notes: - Progress Meeting No. 12 Held on August 18, 2015. - Contractor was informed that silt fencing along upper portions of the alignment was in disrepair and requires attention. - EDCL has modified the wharf structure design to move inland 3.6 metres from the design location. This will allow the contractor to raise the deadman anchors and lower tie rod ends. Photos: Crushing operation in area of Station 0 +500. Producing 75 mm minus crushed rock material. 144 Page 3 of 5 Drilling for blasting for rock excavation in the approximate area of Station 0 +480. `1Y per. �_... ... �.F t Rock excavation in the approximate area of Station 0 +800. 145 Page 4 of 5 f� y - ♦ � r� -.�, Li %% �`Y V d: LA iF ;M .J6 �- �, 'mil h - J�'. y i .s y,,,, .N - � yaw -tom ,jl' A�i� �.i�'�� k,.�G'M6• +ry i. '•• s �. ?� _ ',.•� {`- '�.�'�w•Y ,,'��ia- ��•y r +w ^a�"''� ,� � �d �� .►.,�� '�� .emu `« `''�'�'K 'i`c r Syr 3`'L.�•.i w/rs J-Y- .�''�"' 'ryi�w'...,,'#, }I, "4`N'„�,�..3 .`rK_�`:'! S - -- '. 'iti+s- .r.►.sF� `.r _�iw:' �. s w�.:��'� `� Y «' ��"� ' ",� L"+. w�� � � . � ." � �. �' � emu: -�•; "' Sheet Pile delivered to the site for the Wharf structure. �Y V y 1, a " a "r. a Placing of armour stone in the area of the wharf structure. 146 Page 5 of 5 Moving crane to the area of the wharf structure. View of the alignment and wharf area from the Lorneville Road. 147 cJ p GEMTEC CONSULTING ENGINEERS AND SCIENTISTS GEMTEC Limited sag Rothesay avenue Saint John, NB E2H 2G9 tel: 5o6,657.ozoo fax: 506.657.0201 saintjohn,�gemtec.ca www.gemtec.ca WEEKLY PROGRESS SUMMARY Lorneville Harbour Barge Terminal Project GEMTEC Project No.: 4180.11 GEMTEC Onsite Rep.: Brad Marr Week of., August 24 to 28, 2015 General Contractor: Caldwell and Ross Ltd. Compiled by: Marco Sivitilli Site Superintendent: Dave Ferguson Days Lost due to Weather: None Summary of Key Construction Activities: - Blasting for rock excavation occurred on August 27, 2015 in the area of Station 0 +740 to 0 +825. - Contractor excavating blasted rock in areas of Stations 0 +500 to 0 +530, 0 +740 to 0 +755, and 0 +770 to 0 +800. Contractor continued filling and stockpiling on private property adjacent to the terminal alignment and placing rock fill and grading the SJIP vacant lots for development on White Rocks Road. - Contractor placed some R -100 riprap material in the area of the wharf structure in the drainage ditch outlets. - Contractor began assembling temporary trestle structure and driving frame for the construction of the wharf structure. - Several Loads of steel sheet pile for the wharf structure were delivered to the site. - Contractor began the installation by means of welding of steel sheet pile driving shoes on steel sheet pile for the wharf structure. - Contractor removed old haul road in the area of Stations 0 +650 to 0 +740. This road consisted on some common excavation material and rock fill. This material was placed on the private property adjacent to the barge terminal alignment after permission was granted by the landowner's representative. - Common excavation is practically complete. Some cleaning conducted in the area of 0 +300 to 0 +325. - Contractor continued pouring precast concrete blocks (wharf components) at Contractor's Fredericton yard. Summary of Surveying Conducted: - Topographic survey of "Top of Rock" from Station 0 +740 to 0 +760 for payment. Civil - Environmental - Geotechnical - Testing & Inspection - Transportation I Certified Testing Lib j7 A283 Concrete Page 2 of 6 Summary of CIA Testing Conducted by GEMTEC: Field testing of concrete (air content, slump, and cylinders for concrete compressive strength) for precast concrete blocks (wharf components) in Contractor's yard. Summary of Other Tests or samples conducted by GEMTEC: - Sampling of rock dust for ARID (acid rock drainage) testing on August 26, 2015 (2 samples). Other Notes: - Progress Meeting No. 13 Held on August 25, 2015. - Contractor was informed that silt fencing along upper portions of the alignment was in disrepair and requires attention. Photos: Rock excavation and drilling for rock excavation in the approximate area of Station 0 +770. 149 Wage 3 of 6 Grading vacant lots for development using surplus rock excavated from the barge terminal alignment. dA Placing R -100 rip rap in alignment ditch outlet in the area of the wharf structure. 150 Q4l � r„ 1V n Page 4 of 6 I x - � '�",��,� 'Y �§. . :•—, �r+t '�' _ . "i .a� 1173 RC'! :� emu§` Q4l � r„ 1V n Page 4 of 6 All ;1= + 1 . Installation of driving shoes on steel sheet piles for the wharf structure. 151 x - � '�",��,� 'Y �§. . :•—, �r+t '�' _ . "i .a� 1173 RC'! :� emu§` 7+..5, ..�`.�'aF.=. _w4C` ,. .:er•'.•Y. 1:n^.�- >.f•�_.��}►r.V ice.. _ .. vea ..- i. �'C - Assembling the deadman anchor for the temporary trestle structure at the end of the alignment. Trestle will be used in the assembly of the wharf structure. All ;1= + 1 . Installation of driving shoes on steel sheet piles for the wharf structure. 151 Page S of 6 Installing pipe piles for the temporary trestle structure in the area of the wharf structure. Installed pipe pile for temporary wharf structure. 152 Page 6 of 6 153 HAf F A C I I '� ■per ;i �. Located in the Spruce Lake Industrial Park near Highway 1, the Spruce Lake Barge Facility will accommodate a variety of barge sizes ranging from 15 to 21 foot drafts, capable of handling up to 500 tonne loads. Leveraging the tides of the Bay of Fundy, operators may plan for wet or dry load outs. HARBOUR CHARACTERISTICS Wharf / Headwall Located within a Mudflat with EL. +2.2 m based on Chart Datum Higher High Water Large Tide (HHWLT) - El. 9.0 m based on Chart Datum Maximum Water Depth at HHWLT - 6.8 m Users may choose to allow their barges to ground -out on the mudflat at low tide DESIGN MAXIMUM BARGE DIMENSIONS LOA - 125 m Beam - 31 m Moulded Depth - 6.4 m J LOAD BEARING CAPACITIES Wharf / Headwall - 80 kPa WHARF f HEADWALL FACE DIMENSIONS Overall width - 30 m Elevation - +10.0 m based on Chart Datum Height of Wharf / Headwall can be adjusted to EL. +8.0 m based on Chart Datum BOLLARD CAPACITIES 2 x Berthing/ Mooring Dolphins - 25 t each 2 x Wharf / Headwall - 25 t each _ ]P MS PARTNERS IN GROWTH � A *L A 1� 4 LOCATION WITHIN Y` SPRUCE LAKE a. T INDUS'T'RIAL PARK z LABRADOR UUEBEC %I.WFflUNDLPND ,s NEW BRUNSWfcx SAINT JOHN MAINE , VT NH n� fli Evans, Richard To: External - CommonClerk Subject: RE: Seeking City of Saint John Mayor and Council support for Fundy u14 Buys Soccer team - qualified for Nationals From: Rocca, John [mailto:john.rocca @bellaliant.ca] Sent: September -11 -15 3:26 PM To: External - CommonClerk Cc: fundysoccer @nb.aibn.com Subject: Seeking City of Saint John Mayor and Council support for Fundy u14 Buys Soccer team - qualified for Nationals Hi - My name is John Rocca and this morning I had discussed this sponsorship request with Richard, who suggested I email our request for review. We are seeking City of Saint John Mayor and Council support for the Fundy U14 Premier Boys Soccer team who have qualified for Canadian national championships. This team is representing the Saint John area as the NB provincial winner and thus the only NB entrant in the Canadian national soccer championships. The team will be traveling to the host province of St. John's NFLD from Oct.Sth -Oct 12th. We are looking for your support in their efforts to raise money to assist with the team travel expenses, approximately $35,000. Fundy Soccer will be running a congratulatory spread in the Telegraph Journal Oct. 12th in support of the boys. We are hoping you can help our team reach their goal by purchasing one of the following newspaper ads as per the attached letter. I have also copied Cheryl MacMaster as well who is the Fundy Soccer Club Office administrator. You can contact either one of us if you have an questions. understand from our conversation today that this sponsorship request will be considered and reviewed at the next common council meeting scheduled for September 28th. Please confirm you have received this request and that it will be reviewed on September 28th Thanks John John Rocca 9 Corsica Ct, Saint John, NB, E2M 5G9 Tel: 5066942630, Mobile: 506 333 3811 1 156 157 48 Hampton Road Rothesay, NB E2E 5L2 Phone: (506) 847 -9406 fundysoccer @nb.aibn.com www.fundysoccernb.org To: Mayor and Council, City of Saint John Date: September 11, 2015 Fundy Soccer's proud to announce that the U14 Premier Boys' team qualified to compete in this year's Club National Soccer Championship. The team will be traveling to the host province of St. John's NFLD from Oct.Sth -Oct 12th. We are looking for your support in their efforts to raise money to assist with the team travel expenses, approximately $35,000. Fundy Soccer will be running a congratulatory spread in the Telegraph Journal Oct. 12th in support of the boys. We are hoping you can help our team reach their goal by purchasing one of the following newspaper ads: - Business Card - $250.00 - Double business size- $400.00 - Banner - $1000.00 Thank you for your support for youth sports in the community. For further information regarding fundraising please contact the Fundy Soccer office at 847 -9406. Sincerely, Cheryl MacMaster Office Administer Fundy Soccer 158 The My of Saint John PROCLAMATION WHEREAS October 10th, 2015 will mark the three year date of Amanda's death and WHEREAS Canadian Mental Health Association Saint John Branch Inc. is striving to increase public understanding about the importance of mental health; and WHEREAS one in five Canadians will develop a mental illness at some point in their lives. Mental illness indirectly affects all Canadians at some time through a family member, friend or colleague; and WHEREAS Mental Health as an issue has been kept in the dark for many years. Today, stigma is reported to be the greatest barrier preventing people from seeking treatment for symptoms of mental illness; and WHEREAS the more mental health problems are discussed openly and shared; the more likely it is people will access the necessary support services; and WHEREAS the theme of Mental Health Week is "Building Your Mental Health: One Support at a Time ". Through the supports available to individuals within the workplace and community, they can begin to share their troubles, share problems and get the support needed to help them on the road to wellness; NOW THEREPORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim October 10th, 2015 as World Mental Health Day in the City of Saint John and urge all citizens and employers to make mental health matter. In witness whereof I have set my hand and affixed the official seal of the M City of Saint John. 159 _U11 WHEREAS October 3, 2015 has been declared as World Ostomy Day and Stoma Stroll awareness walk; WHEREAS Ostomy Canada Society is a non -profit volunteer organization dedicated to all people with an ostomy, and their families, helping them to live life to the fullest through support, education, collaboration and advocacy; WHEREAS The Saint John ostomy chapter are planning a stoma stroll on October 3`d, 2015; WHEREAS The monies rose from the Stoma stroll will be used to send children with Ostomy to camp. NOW THEREFORE: I, Mayor Met Norton, of Saint John, do hereby proclaim October 3rd, 2015 as World Ostomy Day 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. 160 SAINT JOHN Council Presentation by: NEB Working Group September 28, 2015 161 1. NEB 101 - building on Council Reports previously provided to you 2. Information relevant to the City of Saint John contained in the application filed by Energy East - high level overview 3. Key challenges, opportunities and resources required in the NEB Energy East Review process 4. Questions 5. Your expectations going into the NEB regulatory review 6. Next steps 162 SAINT JOHN :m[I ( P-4- - SAINT JOHN �'.� ■ ki�r +N ate +4' F r � o 164 SAINT JOHN ALTA. K. =Hard it T I I -"NV PI P1 LITNi 11'I ;iI I}11F1�. AN 1. - l'I °;1 °1 I A I QUEBEC eb J � co KY Saint jug r� 165 1 0 krn 700 SAINT JOHN • Volume of material • Deadlines • Complexity and importance of the 166 matters before the NEB • social • environmental • economic SAINT JOHN 167 SAINT JOHN 168 SAINT JOHN z AOY- Nlk RF Your expectations 9 moving forward _� a 170 SAINT JOHN LED Street Lighting 171 sairir,]oha ipmr-93 LED Street Lighting —Why? Current City street lighting consists of Mercury Vapour and High Pressure Sodium technology Recent improvements in LED technology have led to the increased use of LEDs in roadway lighting fixtures around the world. NB Power has been changing the street lights in other major cities in New Brunswick as well as some rural areas. LED lights use less energy and thus can help lower our electricity costs. 172 sairir,]oly, -/E Ae LED Street Lighting • Benefits — Extremely long life (up to 100,000 hours) — Significant energy savings (up to 70 %) • 5.6 Million kWh annually • $354,000 annually • Enough energy to heat 354 homes per year — Fixture longevity offers significant maintenance savings (no bulbs to replace) — Reduced CO2 Emissions • 3,880 metric tons per year • Equivalent to removing 817 passenger vehicles from use — Control of light dispersion spreads light out evenly and reduces light pollution and light trespass (more aesthetically pleasing) sairir,]oly, -/E AwW V-- - 173 LED Street Lighting • Contracted externally for installation • 7,000 lights to be retrofitted • Project schedules indicate completion by end of 2015 I . al 174 1 44 LED Street Lighting — Capital costs of installation $3.8 million provided by Saint John Energy (no cost to City) — Expected payback between 5 -8 years from • Reduced energy costs • Reduced maintenance costs — Immediate sharing of benefits with the City through an annualized credit of approximately $116,000 — Agreement for this payment is for 15 years — Currently working on a restructured benefit with the City that will replace previous discounts provided, but on a similar level sairir,]oly, -/E Ae 175 Thank you Sarrr,]oha -,EnwM V-- 176 ,__.,enterprise SAINT JOHN True Growth Economic Update to Saint John Common Council Prepared by Enterprise Saint John September 28, 2015 177 �,_�,enterprise SAINT JOHN How we're Building the Economy with True Growth Through True Growth, we're seeing the power of many coming together to impact economic growth. As a community, we have rallied around the shared purpose of growing our economy and determined how we can best work together to drive results. We've built a network comprised of more than 200 people, 45 organizations, and organized within the network to drive results from 15 projects. Through True Growth, public alignment was achieved for the Lorneville Barge Terminal. The Alberta Business Supply Chain Mission saw 7 companies reporting up to 25% of their sales coming from the West. Catapult, the Arts Accelerator, helped 12 artists build sustainable growth- oriented companies. The Energy East Partners' Forum was recognized by TransCanada as a best practice. Health & Life Sciences NB raised $15 million for Dalhousie Medicine New Brunswick. These projects and many more came together because of shared resources and common objectives. In addition to formal True Growth projects, the True Growth model is used to bring partners together for just -in -time collaboration. This includes addressing industrial rate class challenges for data centres, supporting entrepreneurs in accessing resources, bringing coding to schools, seizing investment attraction opportunities and finding top talent for companies. In May of this year, the True Growth network grew again when 130 people invested time and money to attend the True Growth Connector. It was a full -day event where participants learned about the region's current economic challenges, and were given the opportunity to suggest solutions for growth. From this conversation, new strategic projects have emerged, and partnerships involving both the public and private sectors are being created to: • generate high - quality investment leads • support our companies in growing through innovation • support small business growth • attract required talent • identify and prioritize our strategic capital assets • connect investment capital to business start -ups • capitalize on the digital economy and big data The intentional collaboration happening in our region is unprecedented. People are coming together to work on common projects that have business benefits for their organizations and contribute to overall economic growth for the community. The strategic projects are driven by our understanding that we need to focus on the following six economic objectives to foster the environment for job creation: True Growth Economic Objectives 1. Increase Exports 2. Strengthen our Workforce 3. Increase Investment Attraction 178 4. Reduce Barriers to Growth 5. Increase Innovation /Entrepreneurship 6. Strengthen our Strategic Assets enterprise SAINT JOHN Brief History The five regional municipalities adopted True Growth 2.0 as a regional economic development model in late 2012. In 2013, following four months of community engagement and priority setting with more than 130 community thought - leaders, True Growth 2.0 was launched. The Regional Municipalities asked Enterprise Saint John to serve as the backbone organization for the True Growth model and in the 28 months since, much heavy lifting has been done to foster an intentional network of collaborators, to mobilize projects, and to equip leaders across the community. In this time, our agency has helped a number of tremendous opportunities take flight, and we have also tackled the evolutionary challenges that come along with a new way of doing things. We — together with our partners — have grown, adapted and stretched in order to best serve our community. Our partnerships are the reason why True Growth is working. They allow us to leverage the talents and resources of many to get important things done. Together we have created a vision for a new future; one where we build on our industrial assets while also seizing opportunities created by the digital economy to write a new story. True Growth has received national and international recognition. The Canadian Federation of Municipalities asked Deputy Mayor Shelley Rinehart to speak about the model at its national conference, and CISCO is devoting resources to help bring the model to communities across the country. Progress Magazine named True Growth a finalist in their Innovation in Practice awards. DCI, an economic development marketing organization, recognized the results delivered by the model and rewarded those involved. The True Growth Network The True Growth Network is growing, and there is a role for everyone to play. However, at its core are key organizations with common economic objectives and resources to share. True Growth Network Partners The True Growth Network Partners are organizations with a direct or indirect economic development mandate. These organizations meet quarterly and regularly collaborate on strategic projects related to True Growth's six economic objectives. Atlantic Canada Opportunities Agency (ACOA) Atlantica Centre for Energy Association Regionale de la Communaute francophone (ARCf) Atlantic Coastal Action Program (ACAP) City of Saint John Discover Saint John Enterprise Saint John 179 Health and Life Sciences N.B. Opportunities NB New Brunswick Community College Port Saint John Regional Services Commission Saint John Airport Saint John Community Loan Fund Saint John Development Corp. 3 enterprise SAINT JOHN Saint John Energy Saint John Industrial Parks Saint John Region Chamber of Commerce Town of Grand Bay - Westfield Town of Rothesay Strategic Partner Investors Town of Quispamsis Uptown Saint John UNBSJ Village of St. Martins Enterprise Saint John's strategic partner investors include our five municipalities as well as private sector partners that have invested in the True Growth Model. The financial investment of our strategic partner investors allows us to leverage additional resources from the Provincial and Federal Government. Municipal Funding City of Saint John $475,000 Town of Quispamsis $112,000 Town of Rothesay $86,500 Town of Grand Bay - Westfield $25,000 Village of St. Martins $1,500 Strategic Partner Investors Tier 1 - $20,000 - $25,000 Bell Aliant Irving Oil Limited Commercial Properties Limited J.D. Irving, Limited Emera Saint John Energy Tier 2 - $10,000 - $15,000 Canaport LNG True Growth Metrics Lorneville Mechanical Contractors Ltd. Fortis Properties Saint John Construction Association Innovatia Saint John Mechanical Contractors Association Tier 3 - $1,000 - $5,000 Cox & Palmer Owens MacFadyen Group East Point Inc Scotiabank Sancton Stewart McKelvey NY Thermal Tabufile True Growth Innovation Fund Mariner Partners In 2013, The True Growth 2.0 Mayors' Governance Task Force Report outlined three -year metrics for True Growth. Below are the 2014 targets and results and the 2015 targets. Enterprise Saint John reports bi- annually to the Regional Oversight Committee, comprised of the five regional mayors and two representatives of our strategic partner investors. 2014 Targets and Results Metric Job Creation Business Confidence Consumer Confidence Innovation, Research and related Entrepreneurship 2014 Target +500 net new jobs CFIB 50" percentile; CRA 100 10% increase in research; 6 products commercialized :1 2014 Results +1700 net new jobs 85th Percentile (higher points overall) CRA 97.3 12 products commercialized 4 Seint to M1n ��—�ar e n t e r p r i s e Orend Bay- Weatlleltl SL Martina HolM1eaey gylapamsla SAINT JOHN 2015 Targets Metric 2015 Target Job Creation +750 net new jobs Business Confidence CFIB 30th percentile; Chamber survey (baseline) Consumer Confidence CRA 100% Innovation, Research and 10% increase in research; related Entrepreneurship 6 products commercialized Job Creation to Date In 2014, the community surpassed its job creation target by 1200. We have yet to see the same growth in 2015, but based on current trends, expect higher employment by the end of the year. To date, the average employment is down over the average employment in 2014 by 700 jobs. The factors behind the lower numbers include the significant job losses in January, February and March of this year from the harsh winter locally, as well as the immediate impact of the slowdown in Alberta, which reduced our mobile trade labour force. With the nation as a whole experiencing a statutory recession in the first part of 2015, Saint John is not alone in experiencing lower- than - expected job numbers. The good news is that since April, employment has been trending steadily upwards. The upward trend accelerated last month when we added 900 jobs to the economy, and is expected to remain strong through the next two months. We have seen significant increases in our labour force (those working, or looking for work) in the last three months. This has increased the unemployment rate, despite the fact that there have been more people working in that time. In other words, those rejoining the workforce have outpaced those currently employed. An increased labour force is good news as it suggests people are more confident in their ability to find employment. Average employment in the Saint John CMA by year 67.0 66.2 66.0 65.4 0 65.0 64.4 64.5 0 64.0 63.8 64.0 63.2 0 63.0 62.0 - 61.0 2009 2010 2011 2012 2013 2014 2015(YTD) Year 5 181 Seint to M1n ��—�ar e n t e r p r i s e Orend Bay- Weatlleltl SL Martina HolM1eaey gylapamsla SAINT JOHN Monthly Employment 2015 in the Saint John CMA 64.8 64.0 63.9 63.9 0 63.6 63.7 0 BT7_ 0 63.0 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jul -1S Aug -15 Month The chart above shows year -to -date monthly employment in the Saint John CMA. It is important to note the first three months of the year where the slowdown out West and the winter negatively impacted employment significantly. We have been experiencing an upward trend since April with significant acceleration in August. We expect to maintain momentum through September and October due to the Irving Oil turnaround. We also anticipate average employment to be near 2014 levels after the final four months of the year. Economic Snapshot The Saint John economy is growing, and is predicted to continue growing. In its Metropolitan Outlook report, the Conference Board of Canada predicts that Saint John's economy will grow by 2.3% in 2015. This places it in the top five of mid -sized cities across the country for GDP growth. Saint John is expected to outpace the Province's anticipated GDP growth of 1.5 %. The report suggests our region has seen an increase in manufacturing exports due to a weakening Canadian dollar and an increase in demand for building products south of the border. While we have yet to see a full recovery in the construction sector, particularly in residential single unit construction, it has not slowed to the same extent as in 2013. Multi -unit construction has increased over last year. The non - residential construction industry has received a boost from investments in upgrades such as the $300 million Irving Pulp and Paper Mill upgrade and Irving Oil's largest ever turnaround project. The future looks promising for non - residential construction with the Port's $200 million modernization project, and the City of Saint John's $200 million Clean Drinking water project. The Conference Board of Canada Report also predicts continued growth in the transportation and warehousing sectors as well as finance, real estate and insurance sectors. 6 182 r,__,enterprise SAINT JOHN Job Creation from Investment Attraction and Entrepreneur Development In 2015, 65 leads have been received for investment attraction. There are approximately 70 companies in the funnel, ranging anywhere from 5 to 500+ jobs per company. It typically takes between one to three years to bring a company into the region from first conversation, but we Company Profiles are pleased by the results we are seeing. From decisions made since January, ten different companies have committed to creating a combined 550 jobs over the Back Office next three years in the Saint John region, 200 which could reach as high as 650. Not all of these expansions have been announced. The ones that have include Nordia (130), Air Canada (80), Clean Harbours (15) and IAM Building Systems (75 within three years). Other 14% Industrial Sector 33% I CT Companies 33% Decisions are expected in the very near future on over 100 jobs at two more companies. Additionally, companies announced in previous years are expanding, including TD Insurance and Dealermine. Enterprise Saint John's Entrepreneur Development team has also been working closely with its various partners to support the launch and growth of small businesses in our region. In 2014, Enterprise Saint John entrepreneurship clients created 200 jobs. To date, Enterprise Saint John has helped launch more than 20 businesses through its loan programs, one -on -one coaching, and small business skills development programs. It also helped 417 high school students run a business for a day to help them experience entrepreneurship. Business and Consumer Confidence to Date The long hard winter, the slowdown in Alberta and statutory recession in 2015 have had an impact on business and consumer confidence as it currently sits at 91.2. To help build business and consumer confidence, the True Growth Network Partners created a Communications Forum made up of communications professionals from the community. In addition to implementing the integrated Community Communications plan, the True Growth Communications Forum is working together to implement four collaborative projects in 2015 -2016 focused on external validation. • True Growth partners are hosting a journalism intern who is working on behalf of the network to celebrate our successes by pitching Saint John stories to national media • Saint John will host the Walrus Talks on "Innovation and Resiliency' on October 26t ". Saint John will be the smallest city to ever host the Walrus Talks. The event will be recorded and broadcast across the country. 7 183 enterprise SAINT JOHN • To celebrate the impact of our True Growth leaders and the significant collaboration at work in our community, the Outstanding Business Achievement Awards will add a new "True Growth Engagement" award at its prestigious November event. • The True Growth Communications Forum is also planning an economic summit to promote our region. To help build confidence in our local businesses, Enterprise Saint John and the Mayor of Saint John make weekly visits to companies in our region to discuss priorities, understand challenges, and celebrate the contribution small business makes to our community. We also write a bi- weekly True Growth column to report on the good news business stories from our region. Innovation Research and related Entrepreneurship to Date As we move from the industrial age to a digital society, companies that adapt to address changing market dynamics will thrive, while others will die. We want our companies to thrive so we are working with our new and existing companies to help them identify challenges and work towards solutions that make them more competitive, productive, help reach new markets, and create new products and services. In 2015, in collaboration with our partners, we launched two major projects to drive innovation. The Vennture Garage is a garage -style incubator where start -ups can access the tools and expertise to quickly validate their concept or idea and grow their business. Located at ConnexionWorks, a collaborative co- working space in the Bell Aliant building, Vennture Garage participants also work alongside existing businesses and benefit from their mentorship. To date, eight teams are participating in the Vennture Garage program. The second significant project launched in 2015 to drive innovation in our region was The Catalyst Innovation project. Armed with the knowledge that there is a process that leads to innovative results, The Catalyst Innovation Project is working with 10 large companies in the region to solve industry and company problems. It takes a recognized process called "Simplexity" and moves teams of experts towards solutions by fully understanding the problem. Three companies have already progressed through phase II of the project and are in the process of implementing the solution to their problem which will open up new avenues for growth. Enterprise Saint John and its partners continue to support the Tucker Park Collaborative where world - class research is creating new ways of delivering health care, and where there is significant opportunity for the commercialization of research. M HE enterprise SAINT JOHN Planning for Growth - What's next? In addition to delivering current programs and working with our True Growth partners to implement strategic projects, we're planning for the future. We believe there are significant opportunities for Saint John to realize economic growth by focusing on the following areas: 1. Evolving the True Growth Model a. Closer alignment of Living SJ and True Growth a. Equipping True Growth leaders with skills and facilitating strategic partnerships b. Using data to drive decision - making and create unique opportunities 2. Community Data Strategy a. Big Data Centre of Excellence to address industry problems, attract talent and develop new applications with data b. Open Data that involves both the City of Saint John, and the broader community 3. Energy Cluster Development a. Investment attraction opportunities b. Supply chain growth 4. Strengthening and Leveraging our Strategic Assets (Port Saint John /IT infrastructure) a. IT Heritage Knowledge Park to promote Uptown core for ICT company investment and growth i. 80% of creative services companies located in the core are in heritage buildings ii. All professional services and amenities within a four -block radius b. European Trade Opportunities through the Port of Saint John i. Phase I of the project has generated 220 leads ii. Port Modernization builds compelling case for many companies c. Creating a process to identify and prioritize our portfolio of strategic capital assets designated for refurbishment or development 5. Continuing to drive Innovation a. Connecting companies with our post- secondary institutions to solve industry problems b. 100 Investors Who Care - connecting good ideas with investment Municipalities will play an important role in identifying and selecting our strategic priorities for the future. Enterprise Saint John will use the True Growth model to bring people and organizations together to build on the areas of focus and continue to drive economic growth in the region. 0 185 TRUE GROWTH PROGRESS UPDATE True Growth is accelerating collaboration. 187 *TRUEGROWTH The True Growth model is being emulated. 188 ,t , stir � �YT ,,, We've engaged 200 c'it'izens, 45 organizations and taken action on over 20 projects. 189 *TRUEGROWTF, 1 Lead and F1 Support True Growth 5�• Grow IT & E Energy Sector Lead Integrated Community Communications M !'iT7i��ii7►1MiTli7 ➢7:FwTriiT Health +Life Science NB Opportunities NB New Brunswick Community College AC OA Atlantica Centre for Energy Association Regionale de la Communaute francophone ACAP PortSaintJohn Regional Services Commission Aw Saint John Airport City of Saint John Saint John Community Loan Enterprise Saint Fund John Saint John Energy Discover Saint Saint John Region Chamber of Commerce John Town of Grand Bay - Westfield Saint John Town of Rothesay Industrial Parks Town of Quispamsis Waterfront Uptown Saint John Development UNBSJ Village of St. Martins Aw Saint John Energy and True Growth 192 *TRUEGROWTH True Growth Results 193 *TRUEGROWTH True Growth Results • Lorneville Barge Terminal • Connexion Works Entrepreneurship Hub • $205 Million Port Modernization • Catapult Arts Accelerator • New deals from trade mission to Western Canada • Health and Life Science research infrastructure • Broad public support for Energy East and natural gas development • Connecting SMEs to big project supply chain 194 Job creation targets for 2014 exceeded by 1200 jobs 900 jobs added last month 70 companies in our funnel 195 Business and consumer confidence is rebounding creating positive attitudes 196 L$. , Connecting innovation and entrepreneurship 197 *TRUEGROWTE What's Next for True Growth • Community Data Strategy • Energy Cluster • Leveraging StrategicAssets • Supporting Small Business Growth • Alignment with Living SJ 198 Evolving The True Growth Model • Collaboration with EDAs • Use data - driven planning • Supporting the network • Engaging new partners _ I 199 ��,A P3� ) �a M TRUE GROWTH WORKS i The City of saint John September 22, 2015 His Worship Mayor Norton And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 655 -765 Latimore Lake Road A Public Presentation was made on August 17, 2015 of a proposed amendment to the Municipal Development Plan which would redesignate, on Schedule A of the Plan, parcels of land with an area of approximately 8.3 hectares, located at 655 and 765 Latimore Lake Road, also identified as being portions of PID Nos. 55068738 and 00324905, from Park and Natural Area to Rural Resource Area; and redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Areas to Rural Resource to permit the rezoning of the entire properties, located at 655 and 765 Latimore Lake Road, from Rural (RU) to Pit and Quarry (PQ) for expansion of an existing gravel pit. The required advertising has been completed, and attached you will find a copy of the public notice, and any letters of opposition or support received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, December 7, 2015 in the Council Chamber at 6:30 pm, or not to proceed with the proposed amendment process and adopt a resolution to deny the application. Respectfully submitted, Jonathan Taylor Common Clerk Attachment SA:fNT JOHN P0. Box'I971 Saint john, NB Canada E2L4L1 I uwNti'.saintjezhn.ea I rt:.F! 1971 Saint john, N. -B. Canada Eli 4L1 201 C1,11 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.00 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT RE: 653 AND 765 LATIMORE LAKE ROAD 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, parcels of land with an area of approximately 83 hectares, located at 655 and 765 Latimore Lake Road, also identified as being portions of PID Nos. 55068738 and 00324905, as illustrated below from Park and Natural Area to Rural Resource Area; 2. Redesignate, on Schedule B of the Plan, the same parcels of land, from Park and Natural Areas to Rural Resource. A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, August 17, 2015 in the Council Chamber, Lobby Level, City Hall. PROJET DE MOblFICA710N DU PLAN MUNICIPAL OBJET. 655 ET 765, CNEMIN LATIMORE LAKE Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John a l intention d'6tudier la modification du plan d'am6nagement municipal comme suit ; 1. Modifier la designation, a I'annexe A du plan, des parcelles de terrain dune superficie d'environ 8,3 hectares, situees au 655 et 765, chemin Latimore Lake, et etant aussi des portions des NID 55068738 et 00324905, comme it est indique ci- dessous, afin de les faire passer de secteur de part et aim naturelle a secteur de ressources rurales, 2. Modifier la designation, a I'annexe B du plan, des parcelles de terrain pr6cit6es, of n de les faire passer de secteur de pare et aire naturelle A secteur de REASON FOR CHANGE: To permit the rezoning of the entire properties, located at 655 and 765 Latimore Lake Road, from Rural (RU) to Pit and Quarry (PQ) for expansion of an existing gravel pit. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by September 16, 2015. 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, Assistant Common Clerk 658 -2862 ressources rurales. Une prdsentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 17 aout 2015 dans la salle du conseil, au niveau do hall d'entr6e, a I'h6tel deville. RAISON DE LA MODIFICATION Permettre le rezonage des propri6t6s entieres, situ6es au 655 et 765, chemin Latimore Lake, de zone rurale (RU) a zone de carrieres et de gravieres (PQ) pour permetere 1'expansion dune carriere existante. Veuillez faire part au conseil par @vit de vos objections au projet de modification au plus tard le 16 septembre 2015 A rattention du soussign6. Pour toute demande de mnseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de service de la croissance et du d&,doppement communautaire t I'h&ml de ville au 15, Market Square, Saint John, N. -B, entre 8 h 30 et 16 h 30 du lundi au vendred'y snd les jours*16s. Si vous avez besoin des services en tran4ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 658 -2862 Ad Number: 7853143R Ad ID: 7062311 Ad Legacy: 7853143 Current Date: Jul 24 Start Date: 8/4/2015 End Date: 8/4/2015 Color: B/W Client Approval 202 2015 09:32AM OK ❑ Corrections ❑ (aussi disponible en franfais) Type of Application ® Municipal Plan Amendment ❑ Subdivision ❑ Similar 1 Compatible Use ® Zoning By -law Amendment ® Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change 1 Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of Lafarge Canada Inc. Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Work Telephone Number 506 -634 -1717 (Rick Turner) Fax Number 506- 634 -0759 E -mail Rick.turner @hughessurveys.com Name of Property Owner (if different from applicant) Lafarge Canada Inc. Mailing Address (with Postal Code) clo Hughes Surveys, 575 Crown Street, Saint John, NB E2L 5E9 Property Information Location Latimer Lake Road Civic # Street 55068738 & 00324905 PID Existing Use of Property Vacant Land Proposed Use of Property Aggregate Extraction Rural Resource & Proposed Plan Designation of Rural Resource Existing Plan Designation of Property Park & Natural Area Property Existing Zoning of Property Rural Proposed Zoning of Property Pits & Quarries (PQ) Description of Application Describe what you propose to do (attach additional pages if necessary). 1u;4// See attached NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner CA�s Richard Turner for Hughes Sun-eys & Consultants Inc. Alex Kennedy for Lafarge Canada Inc. Date For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan Fee 1,6 O© ' S' Date July 16, 2015 Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 www.saintjohn.ca C, P. 1971 Saint John. N. -B. Canada E2L 4L1 11WoV0fsWUj0nn SAINT JOHN 203 Lafarge has been in operation for North America since 1956 and has had business investments in the City of Saint John for approximately 25 years. They presently have a ready mix operation and aggregate operation located in Saint John. The ready mix operation is located on Somerset Street while the gravel pit is located at Latimer Lake and is known as the "Bustin Pit". The Bustin Pit supports the ready mix operation and both operations contribute to the economy in a number of ways. Mainly through providing employment and allowing Lafarge to be a competitive force in their respective industries therefore keeping costs competitive for private investment projects and publicly funded projects such as the city's annual capital works. With the existing Bustin Pit approaching its lifecycle as an aggregate source it is important that the company be able to expand its pit operation on the property included in this application. The subject lands were acquired as an investment approximately 20 years ago in anticipation that it might someday be used as an expansion to their operation. They are now seeking land use changes to allow there operations in Saint John to continue. City Municipal Plan — The Municipal Plan has a provision to accept requests to re- designate lands from Park and Natural Area to Rural Resource Area provided that the land does not contain environmentally significant features, a demonstrated potential exists for a resource - related use of the land, and any environmental and /or community quality of life impacts from the proposal can be mitigated to a level deemed acceptable by Council. The Municipal Plan goes on to say that Rural Resource Areas are primarily undeveloped lands with the potential for rural resource activity such as pits and quarries and /or forestry uses. The applicant respectfully requests consideration to re- designate the area within the subject property to Rural Resource to allow the applicant the ability to achieve a Pits and Quarries zoning designation as the this proposal meets the criteria outlined in the Land Use Chapter of the Municipal Plan, and the relevant provisions of the Zoning Bylaw can be met. A reasonable variance is requested for excavation setback requirements between lands under common ownership by Lafarge. Suggested Section 39 Condition - To respond to the acceptability of re- designating the areas designated as Park and Natural Area to Rural Resource the applicant suggests that if the rezoning of the property were approved it be conditional on any disturbance in the areas presently designated as Park and Natural Area be subject to the applicant obtaining any required Watercourse or Wetland Alteration or other permits required from the Provincial Department of Environment a& Local Government. The approved permits would be submitted to the City of Saint John and be incorporated into the city excavating permitting requirements. This would assure that environmentally significant features such as streams or wetlands would be appropriately provided for. Pre -a lication Consultation - Prior to making this application Lafarge sponsored an Open House at the Latimer Lake Community Centre. Notices were sent out to area residents using a list provided by city staff using the notification criteria followed by the city. Notices were also emailed to members of the Latimer Lake Community Association. The session was held on July 2, 2015. In attendance representing the proponent were: Alex Kennedy, General Manager, Atlantic Canada, Lafarge Canada Inc. Rod Price, Land Manager, Eastern / Northern Ontario, Lafarge Canada Inc. Shawn Mills, P. Eng. Area Manager, Lafarge Canada Inc. Rick Turner, Hughes Surveys & Consultants Inc. Approximately 12 residents from the immediate area attended as well as Mark Reade from the City Planning and Development Department who was invited to attend as an observer. There were questions and some coincems raised but the session was generally positive. Several displays were set up that illustrated the corporate policies and procedures used by Lafarge from a safety and environment standpoint, their logistics advisory policies, a typical rehabilitation plan and a map of the proposed site relative to adjacent properties and land uses. Copies of the material used at the Open House are included as part of this application. Following are explanations of some of the information displayed and information provided to respond to area resident's questions or concerns. This information also supports the justification for approval of the rezoning proposal. !` L P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 i dip SAINT JOHN 204 LAFARGE CANADA INC. OPPORATIONAL PROCEDURES Health and Safety Policy - Lafarge is committed to providing a safe and healthy work environment for its stakeholders and to conducting its various businesses in a safe manner. Their corporate Health and Safety Policy is included along with a list of 11 rules that support and guide the policy. Environmental Policy - The Lafarge Group Environmental Policy Introduction is provided. The Lafarge Group Environmental Policy applies to every Lafarge operation. They must comply with all applicable laws and regulations and conduct its businesses consistent with sustainable development principles. This is to be achieved through a process of continuous improvement in environmental performance through the use of effective environmental management systems and adherence to the 13 rules outlined in the policy. Logistics-AdvisoLy and Safe Trucking Pro am - In recognition that trucking to and from aggregate source sites is often an issue that raises concerns Lafarge adopted a national Safe Trucking Program that can be tailored to any individual site, standards with respect to cycling and trucking and discipline. Lafarge also have adopted a Logistics Advisory to meet an objective for a common and systematic approach to eliminate, minimize or prevent the risk of incidents arising from occupational road transport activities therefore driving and road transport related injuries and fatalities can be avoided. The Logistics Advisory and Safe Trucking Program Disciplinary Actions outline is included in this application. Domestic Water Supply Wells - To assure minimal impact on domestic water supply wells in the area a hydrogeological study will be conducted as part of the permit process, be submitted to the city of Saint John with required plans for review and its recommendations will be incorporated into the operational procedures for the site. Variance Requested --- A variance confirmation to allow for no setback allowance requirement on the boundaries between PID #'s 55068738, 00324905 and adjacent 00333526 which are all under common ownership but Lafarge Canada Inc.. Other items that support approval of the subject application are: • Lafarge Canada Inc. have a proven track record of being a responsible operator and good corporate citizen; The location of the excavation is remote to existing housing and setback requirements can be met or exceeded; • The company policy with respect to operating hours is from 7 AM to 7 PM. On Sundays and holidays the site is not in operation and on a rare occasion the site may be in operation on Saturday. Site operations during winter months are minimal. g A recycling pond water system will be used based on an approved stormwater management plan which will be submitted for approval before the subject site is put into production; Smoke, dust, vibration and noise will be controlled using methods presently employed in the Bustin Pit which have proved successful; • Treed buffers will be maintained as visual screens in setback areas; C, Corporate policies will continue to be used in the expansion area; The existing entrance to the Bustin Pit will continue to be used and no new entrances are proposed; The operational procedures used by Lafarge assure the rehabilitation processes will be followed. To assure Lafarge continue to be a competitive force in their respective industries in the City of Saint John therefore contributing to competitive costing for private investment projects and publicly funded projects. Respectfully submitted, HU S UR EYS & CONSULTANTS INC. Richard Turner P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 ���� SAINT JOHN 205 a \� \ \ \ \ \ \' \ \. \ • ,Y 517E l �\ Read.. \ • ss� eYina . � ; \ 3 �� s • \ y16 * ♦ \ \ r • i,ofarge Canada Inc. \ \ \ Property tp ,o '� ♦iy \ \ L E co - eoo o eoo Icon 2400 syeo Tb ji \ OVERVIEW MAP \ - �� "'"� "•� \ Bustin Pit °w°� 30&m boundary 1. 715 • ��—. �� r� � ;• � \ '�, � Fes. -, `� i!'I Ne C. Pq— PIT do QUARRY RR— RURAL RESIDENTIAL. .tlw w \ \ \ \\ \ \ RU— RURAL FN N \ \ \ \ \ \ \ C— U6 OMM \ \ CMMUNrfY f1Y FACIUfi? P —PARK , AX AREA TO BE REZONED AERIAL OVERVIEW 4133049 r- nW k59 �r L I Latarge is committed to providing a safe and healthy work environment for its stakeholders and to conducting its various businesses in a sate manner. Health & Safety are core values that must be incorporated into alt aspects of our business. We integrate health and safety objectives into our management systems at ali levels of the Group. Management is accountable for the prevention of injuries and occupational illnesses. Everyone working for Lafarge expects a safe and healthy work environment, and in turn. we expect everyone to contribute to that safe environment through responsifile behavior. Everyone is also expected to demonstrate that Health & Safety are core values through visible commitment and active engagement of each other, When it comes to safety. I believe the only acceptable number is zero - zero accidents, incidents or occupational illnesses. Reaching this goal is critical for us to reach excellence. i Bruno Lafenl Chief Executive officer PFARGE AIL 1 RESPONSIBILITY: Line management is responsible for Health & Safety implementation, communication and compliance. 2 TRAINING: Employees, managers and contractors must be trained to work safely and manage Health & Safety in their area. 3 EVERYONE: Everyone working for Lafarge, including Contractors, must respect Health & Safety rules. 4 IMPROVEMENT: All units must have an annualized Health & Safety improvement plan as part of the Performance Plan. ORGANIZATION: All units must have a Health & Safety committee, V composed of managers and relevant experts and partners. 6 COMPLIANCE: All units must comply with the Group Health & Safety standards. 7 REPORTING: All incidents and accidents must be reported at the appropriate level, investigated and learnings shared. 8 TRANSPARENCY: Safety results must be visibly communicated to everyone. 9 A MEASUREMENT: All operations must be regularly audited against the Group policy, Health & Safety and Management Systems and Standards. 10 SUPPORT: Health & Safety Organization must be resourced 10 SUPPORT. trained to provide support to the line management. l i CONDITION OF EMPLOYMENT: Compliance with these rules is a condition of employment and a criteria for career development. �R6E 207 This new Group Environment Policy reflects our commitment to sustainable development and our approach to meeting new challenges in environmental protection. Our level of ambition has been set to meet the increasingly high expectations of our stakeholders. Lafarge is a pioneer and a sector leader in sustainable development, inclu- ding reducing CO2 emissions, biodiversity and water management. Respect for the environment and corporate responsibility are core values for Lafarge, as we have reaffirmed with our Sustainability Ambitions 2020. The new Policy that we are launching today sets out the actions and beha- viors that we expect at all sites, to ensure a process of continuous improve- ment in our environmental performance. We can take pride in this collective commitment to minimize our environmen- tal footprint while maximizing value creation for all our stakeholders. In doing so, we are demonstrating the contribution we can make to society, to future generations and, in particular contributing to building better cities. arcng talrm Chairman end Will Exacugen amour LI—ber 2013 LAFARGE 6uiltl,ng bv[:ereM..: Every Lafarge operation must comply with all applicable laws and regulations and conduct its businesses consistent with sustainable development principles. This is to be achieved through a pmcers of continuous improvement in environmental performance through the use of effec- tive environmentai management systems. This Environment Policy consists of the following rules: EMS: operations shall use an effective Environmental Management System (6Ms) to RESPONSIBLE SOURCING: Evaluate the any!- ronmental values, policies and practices of manage overall environmental responsibilities and contractor and supplier candidates. Expect our performance, contractors and suppliers to respect our environ- mental, health and safety values and to comply CLIMATE CHANGE: Reduce our impact on cif- with our policies and procedures. mate change through: • the development, manufacture or promotion S DEVELOPMENT: Conduct an environmental of innovative products and solutions • minimizing the use of energy and where fea- �e and social impact study (ESIA) when selecting greenfield sites for development or developing sible promoting energy recovery and the use major modification projects. of renewable energy sources DUE DILIGENCE: Conduct environmental • minimizing the use of non - renewable due diligence in connection with acquisitions resources and, where it is feasible and safe, and divestments. replacing them with substitute raw materials, RESOURCES: Provide adequate financial alternative fuels and biomass and human resources, employee training and 3 WATER: Minimize our impact on water J resources by limiting ground and surface water withdrawal through the use of recycling. QUARRIES: Develop a rehabilitation plan for all pit and quarry sites that takes into account the needs and expectations of our stakeholders and, where feasible, fosters wildlife habitat creation and contributes to the conservation of species. awareness raising to facilitate continuous improve- ment in environmental performance. STEWARDSHIP: implement sustainability and stewardship practices in the design, manufacturing, distribution and application of our products, systems, and solutions to enhance their contribution to sustainable construction. STAKEHOLDERS: Be open, honest, and 5 BIODIVERSITY: Implement biodiversity mana- accountable to our stakeholders. Inform our gement plans for sites in close proximity to pro- stakeholders routinely about our operations and tected areas or habitats and facilitate the conserve- products, soliciting their feedback and encoura- tion of historic remains discovered during site ging a candid dialogue. Cooperate pro - actively with development and quarry operations. legislators and regulators to evaluate the feasibility, RECYCLING: Reuse and recycle materials impact, and cost/benefit of proposed laws, fegula- FeasW inimize the generation of any tions and standards. where r e, m hazardous and other wastes, and dispose of wastes using safe and responsible methods. 7 TECHNOLOGY: Encourage the development /rte r S and diffusion of environmentally friendly tech- arunetalonf nologies. Employ safe technologies and operating 1 Chairman and Chief procedures to reduce exposure of our employees Encutha officer and our communities to environmental, health and LAFARGE safety risks. a„ ed no bo%er Lm &. I Objectives of the Advisory: Establish a common and systematic approach e n ' I s to eimenate, miromike or prevent the risk of exidarls arising from occupational road transport activities Egminals drlvIng and road transport related Injuries and fatelides Applicability: This AdNsory applies whenever Leferge owns the vehicle or Lefarge has a contract with a company owning vehicia(s) to transport its materials Cuslamer aratgrpller pick-up and deliveries are axcluded from this Advisory (but on ado, Lafarga rules apply). Key Requirements of the 5 Pillars: "Contractor" Pillar t. Selection of IffinspoMm on H&S criteria as defined in CSM Standard. 2. Avoid the Loa of snot_hau_I_ers [wrhtea agreements with transporters, which incorporates adthemalausto all Glogt (e.g. driver selection, training, lsading KPI tracking, regular meeting. elo.). Apply disciplinary measures as appropriate. "QEbt!LLFtill.a 1, prl r seectlon. atrhsas & nualler�gon - Management to ensure that all drivers (Lafarge or contractor) are appropriately licensed, fully trained. competent wand medically fit to can out the task Lado ht- 2. prlver thefnina & assei ament— ensure that drives receive full defensive dri no training (before driving for Lafarge) & refresher, fatigue a reventicn training: they have training records ; Urn 5 driving relevant experience; regular medlgal fitness checks : regular tool box Interactions. 3. Driving hilWo drives are expected to always engage in ssyfe behaviour, use 3-point belt, reenact traffic & driving rules like speed Omits, only allow aullharized oassenuas in the vehicle, not drive under the kdluence of drugs or alcohol. do not use mobile ahaues even hand f !ll. 4. Fatigue prevention — implement controls to eliminate the risk of driving when ljred and fugue; drives pay system should not encourage them to drive continuously for longer hours if bred; dives must respect limited number of driving hours, defined rest oeriodg & brooks. "Vehicle Pillar: 1. Vehicle selection 6_ agedfieeton — required safety equipment includes 3-poi seat bell for driver & all passengers, head restraint on seats, laminated windshield, rear view & side view mirrors, fmrNal view mlrms, nwesing alarms both audible & visual, fist aid & emergency kit; for bigger vehicles f trailers side under-run crash protection ale. 2, gMX Trucks — access ladder to rear with edge protection & gale, guarding of drum opening ate. 3. Ijrte, — tires must comply with minimum statutory Isad depth (not less than 2mrn), no retread tires on truck steering wheels, radial tires to be used compatible with exle loading, Ore safe use time Omit to be respected, damaged Ores not to be used 4. Vehicle melggnenee. seMclnp & Inapeeapns — all vehicles must be In roadworthy condition and be regularly assessed as pan of a planned maintenance program. A system of documented periodic inspections shag be in place for routine Inspection of vehicles. A system of documented Rs -start checks to be cabled out every Will by the designated vehicle driver. Detective vehicles must be clearly madted'out of service" & not used. !S umav" Pi ILar: 1. journey manaaament & planning UMPi — create a JMP (especially for high risk journeys), that is guided by a risk assessment (Intl. sharp curves, steep descents, narrow roads, mad work, schools, hot apes for accidents etc.) to ensure a Beady defined preferred route, safe working hours, safe driving epeads, safe rest areas & emergency response support In the event of an Incident on mule, appropriate telephone numbers and contact details etc. Night deliveries must be appra_'ad by One CCEO. 1 dvi rrhe a — use of GPS, with regular analysis six! review of journey data. Use reauOs to provide appropriate & timely feedback (positive and constructive) to drives & transporters. 3. Passonttsrs — All occupants to wear seat baits; no unauthorized passengers allowed. 4. Vieibi — drives to use hi.viz clothing when near moving vehicles or equipment; vehicles to have lights on at all times where permitted by Law. "Load" Pillar 1. Loads . Load to be within the specified maximum permissible gross weight limfi; ensure safety during loading operations (e.g. WAH risks, sheeting). 2. Unloading — a customer site must follow all Lafarge rules & safety guidelines: e.g, safe unloading area, unloading facilities, WAH risks under control, safely barriers, lighting etc. Driver should not unload If she Is deemed unsafe. Man ing Tld -aver risks: To prevent d° -owgL and minimize the risk of serious Injury, it is necessary to ensure that at least: (1) Trucks must not prove with a bed in a high position (2) Ambient conditions as checked such as soft ground, sticky material, high wind, sloping surface aft. (8) A safe unloading procedure is coined. Tnv. +i, Prior to towing. it Is naoeasery to ensure that: III A risk assessment Is done, which considers aspects such as suitability of lowing vehicle, competence of the person in control of the operation, proximity of vehicles, slope & gradient attachment points W. 121 Only certified fabric rapes or fbked drew -bas tan be used. They must be inspected regularly. Thlr dgea 1It amaded to promote andennsdiaa ofthe.ILoghtiay" Advlrery of Nwv.lela sad doer rot replier le SAFE TRUCKING PROGRAM DISCIPLINARY ACTIONS In the event that a Safety Violation occurs, the driver who created the safety violation will be subject to disciplinary action under the Lafarge Safe Trucking Program. The disciplinary action taken will be aligned with the severity of the safety violation. The list below provides examples of possible safety violations and the resulting disciplinary action. Hov.ever, these are only examples and are by no means absolute. Based on the circumstances surrounding or the outcome created by the Safety Violation, a different disciplinary action may be employed. Level l: Warning —No Suspension PPE Infraction Cellular phone use without Hands Free Speeding Failure to Stop at an Internal Stop Sign Level 2: Warning— 1 Day Suspension ❑ Failure to Stop when exiting a Lafarge Site ❑ Outside of truck in loading area Continued Violation of PPE rules Driving with an Elevated Box Level 3: 3 Day Suspension ❑ In the box at a loading area ❑ Excessive Speeding ❑ Driving with an elevated box causing property damage ❑ Continued violation of basic safety rules Level 4: 30 Day Suspension ❑ Not stopping at Stop Sign causing property damage ❑ Tip Over on Lafarge Site (Tip Over will be reviewed and suspension may be reduced) ❑ Causing a dangerous situation while exiting the Lafarge Site ❑ 2nd Warning for Being in Box at a shipping face Level 5: Permanent Suspension Malicious or negligent acts resulting in personal or property damage Continued disregard for Lafarge's safety rules sl3 Rehabilitation Plan - Bustin Pit Information w �..A�;A�..tl�II � r.RalrbrAd� 913 Latimer Lake Road, Civic No. 0033352b � ° ; ��^ �,�k '°'°" � �"" =—oz f '" City of Saint]ohn &FAROE mQaf,.fs. tja "r x,`,.I.'`P.'°°s�'s New Brunswick jiffff CANADA INC. 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RIOL EMMIRA (M- YMYbMA1PIALAIID fRi RYNe49Q N6t Y OLIO � AH[ @ wOLL <aAIIf Ym1M Ii1.IN><a'paARYAIXAIi �.AIn1lWYTYamMLLwaYSIIIatlIAIOnAYm CIX YIIIRS NwOYM AYG Ytl O➢SLRPRNAaNSIWYN]IRaR.W.. �I Side Slope Rehabll0etlon DoUll .ow.LTl. vzu .- Demm xr a$ woo -A.&M.,20629% Scale 1.4000 MHBC pgfYdAaf olr.l LAfIw�Al'fi�. px.�6J16 JieaS�b �w�ii�lY f•4 Antla[tCl Greg Norton Ride - sharing Bylaw: Sept 28, 2015 S`... o: September 11, 2015 at 11:47 PM Jonathan Taylor a ?... ,f=:.. Ride - sharing Bylaw: Sept 28, 2015 His Worship Mel Norton and Members of .Common Council Your Worship and Councillors: Subject: Ridesharing Bylaw Background: It is inevitable that ridesharing will arrive in the City of Saint John. However, current bylaws do not adequately provide the regulatory framework required to provide easy passage for this growth industry into our local market. Common Council does have a responsibility to ensure local regulations keep pace with the technological changes that are moving our cities forward, therefore ensuring we do not impede progress but encourage it. Creating a bylaw which welcomes the many opportunities the rideshare industry brings, will better prepare our City of Saint John in advance of the arrival of companies like Uber. As the taxi industry experiences the emergence of digital dispatch services the Government of Canada Competition Bureau has stated "new emerging software applications offer additional features, including payment options and GPS technology to allow consumers to identify nearby available vehicles and tailor their requests accordingly. These innovative applications benefit consumers in the form of greater convenience and better service quality" (Taxi industry's emerging digital dispatch services, Nov. 25, 2014). By way of background, it is necessary to explain ridesharing. "Ridesharing is a technology- centric model of urban transportation. Ridesharing means that drivers provide transportation with their personal vehicle to passengers in need of a ride, 211 all the while bringing competition and innovation to an industry that has not evolved in years. This competition benefits passengers, drivers, and cities, and dramatically raises the safety, quality, and customer service levels offered by the industry" (Ridesharing Legislation Principles, Uber) The ridesharing industry leader is Uber. Uber seamlessly connects rider to drivers through an app. Through their cellphone app, customers can input their destination and hail an Uber car. Uber is the most popular ridesharing service on the planet and now operates in 320 cities. By the numbers the evidence is clear, and the positive impact of Uber can be measured on many fronts. For example, there was a 10% DUI reduction in Seattle following Uber's entry. The average time for a driver to pickup a rider in a mature market is less than 5 minutes. Every month 100,000 jobs are being generated by the Uber platform globally. Over 1 million trips around the world occur every day using Uber. As a result, over 50 jurisdictions have adopted smart, progressive, modern regulations to better welcome the inevitable arrival of the ridesharing industry in their city. Ridesharing is providing consumers a choice between regulated taxi cab companies and other forms of transportation and provides drivers with "flexible and independent jobs ". Many users enjoy the fact that ridesharing services like Uber are cashless, so you never drive with money in your car and are always assured payment. Additional features ensure that the driver will see the riders name before they get in the vehicle; riders will also see the drivers name, photo, vehicle information and ratings. Ridesharing expands public transportation options that offer an enhanced level of service not currently available in the City of Saint John. Ridesharing delivers positive economic, environmental and social benefits, while also encouraging the use of innovation where companies like Uber function. With the right regulatory framework in place, ridesharing platforms like Uber can strengthen communities as evidenced by the material backing this motion. Uber is clearly the most popular choice in those progressive communities where ridesharing freely operates and this motion aims to create a bylaw that creates opportunity for a company like Uber to open for business. 212 Motion: Direct the City Manager to draft a ridesharing bylaw that ensures the protection of the public, while recognizing the inherent differences between ridesharing and the traditional taxi and limousine industries. Respectfully Submitted, Greg Norton Councillor (Ward 1) City of Saint John 213 uberX SAFETY ON DEMAND TORONTO INSURANCE &SAFETY STANDARD COMPARISON JIM& TORONTO uberX Ad&P TORONTO TAXIS CRI M I NAL YES YES BACKGROUND CHECK LOCAL POLICE CHECK YES NO (RECENT OFFENSES AND CHARGES) SEXUAL OFFENSES � BACKGROUND CHECK LIFETIME 5 YEARS DUI BACKGROUND LIFETIME 5 YEARS CHECK J � TRAFFIC OFFENSE CHECK LIFETIME 5 YEARS (SERIOUS ACCIDENTS / RECKLESS DRIVING) INSURANCE $5 MILLION $2 MILLION COVERAGE NO ANONYMOUS YES NO PICKUPS L 2A SHARE YOUR ETA YES NO (WITH FRIENDS, FAMILY, COWORKERS) FEEDBACK REQUESTED YES NO AFTER EVERY RIDE IL 24/7 FEEDBACK E NO REVIEW AND RESPONSE OUR COMNAITNAPKIT TO SAFETY HAS Al WAYS BEEN 01 IR TOP PRJOPITV With uberX, we are continuing to innovate by introducing safety practices that go above and beyond existing municipal requirements. 214 THE BENEFITS OF UBER Uber is evolving the way the world moves. By seamlessly connecting riders to drivers through our apps, we make cities more accessible — enabling safe, reliable transportation options for riders and flexible economic opportunities for drivers. From our founding in 2009 to our launches in over 320 cities today in 58 countries, Uber's rapidly expanding global presence continues to bring people and their cities closer. HOW UBER WORKS: A SNAPSHOT OF THE UBER RIDER APP 1 U B E R ® Op 8 O REQUEST Tap to select pickup location 0� ON TRIP o Millennium Park "a 4 srvert r �� JOHN ® rvcna O RIDE Type in your destination before even entering the vehicle, sit back and relax YOUR TRIP rt$.1.6 O RATE Help us maintain a quality service by rating your experience UBER HELPS BUILD STRONG AND SUSTAINABLE COMMUNITIES Uber is committed to strengthening communities by expanding transportation options, delivering economic opportunities, and allowing innovation to thrive. Uber's ability to ensure a reliable ride also plays a crucial role in reducing drunk driving. As a result, Uber's arrival in a city has been shown to reduce the rate of impaired driving. By partnering with cities, Uber can also help expand the capability to solve problems by leveraging data provided by Uber. The data will provide new insights to help manage urban growth, relieve traffic congestion, expand public transportation, and reduce greenhouse gas emissions. U B E R 215 BYTHE NUMBERS 320 Cities where Uber operates 51 Jurisdictions that have adopted smart, modern regulations for the ridesharing industry 1 Million+ Trips around the world every day 100,000+ Driver jobs being generated by the Uber platform every month globally < 5 min Average time for a driver to pickup a rider after receiving a request in a mature market 10% Reduction in DUls in Seattle following Uber's entry into the metro area 00,12 MAUI M9121111MGM110i By connecting users with a safe, reliable ride and with unprecedented accountability and transparency built into the system, Uber has transformed the way users think about their transportation options. Safety With uberX, Uber's ridesharing platform, we are continuing to innovate by introducing safety practices that go above and beyond existing municipal requirements. The screening process we've developed includes both a National Criminal Record Check of federal RCMP databases and searches of local police databases which contain the most comprehensive collection of offence information. Additionally, we screen motor vehicle records for any infractions by type and date, and vehicles are required to undergo a 26 point inspection by a provincially certified mechanic. From request to drop -off, the Uber experience has been designed from the ground up with safety in mind with features such as driver profiles, cashless transactions, and real -time feedback to ensure full accountability, Every ride on the uberX platform in Canada is backed by $5,000,000 of contingent auto liability insurance covering bodily injury and property damage. In the event of an accident during an uberX trip, passengers, pedestrians, other drivers, and the community at large can rest assured knowing that ridesharing partners are well covered by commercial auto insurance in addition to any insurance coverage maintained by the driver. This $5,000,000 of coverage is more than two times the standard requirement for taxi and limo insurance in all Canadian cities, and is written by an insurance company rated A (Excellent) AM Best rating. Reliability Uber was founded with the goal of ensuring a reliable ride, wherever and whenever. The GPS -based dispatch simply connects the nearest driver with the requesting rider. Uber's reliability ensures all riders have access to a safe, affordable ride, including those in neighborhoods traditionally underserved by existing transportation options. Hassle -Free Riding with Uber is a hassle -free experience. The app automatically pinpoints your location to provide true door -to -door service, ensuring safe pick -ups instead of waiting on a dark street corner for a ride. At the end of every trip, the credit card on file is automatically charged for a truly cashless experience, and riders receive a detailed email receipt with the trip route and a breakdown of the fare. UBER CREATES OPPORTUNITY FOR DRIVER - PARTNERS Significant Economic Impact Uber's lead generation technology facilitates a powerful entrepreneurial opportunity for drivers, with greater flexibility than any other option available. Uber is always adding new ways to enhance driver opportunity, including access to vehicle financing, in- person driver support centers, and city teams dedicated to building demand and maximizing efficiency to reduce downtime between trips. Safe and Respectful Work Environment Similar to riders, Uber driver - partners benefit from the increased safety and accountability features the technology provides. Fares are charged automatically to the rider's credit card, so drivers never have to deal with the risk or hassle of carrying cash and making change. Drivers rate riders, too —the anonymous feedback system ensures a culture of accountability that goes both ways. Flexible Schedule Drivers benefit from the enhanced flexibility of partnering with Uber by choosing their own hours and creating their own schedule. A driver can start or stop working simply by signing in or out of the app. Driver- partners have the ability to grow successful small businesses or supplement their income with the freedom, flexibility, and economic opportunity afforded by the Uber platform. 216 U E3 E R OUR PROMISE SAFETY FROM START TO FINISH As we prepay¢ iar arctrer busy year• we'd like tw remnd WU mf ­x 1wrimi­ r-r1 r 1 tlx: — cwrirYrt yriu gm mmiiam ihra.-rugh your last trip or in" defy. 4L b'fim Gem mlhekY to ntial ng t l ewe rol you and your ridx _ NOEIVOY'S A STRANGER Ober is a tr,+o -wny^ s4raet. You'll aaa your rider's name befare they bears ii} ;­d snr. v:xur ".rr _rr . phnlr:-, ar.i 1 hick- iniorrr:.i•_inn. ® Iheae Sik3 atria amo avallable or riitier tnpi faces and on your pariner dimhboalyd. YOU'RE ALWAYS ON THE MAP Wif ucjllr d mron alicxi at- r.• IriF.n, f ..y LI q !j. ry : via can -_�Rslly datamirne vrhar5itd Ur where rt happened and makes this rr,4vrrnsitir7n avai47Mc tV- and lair Qr4o oemenl whe!i necc*Eary. _ MSK -PR.EE TRANS. TIOr4r, Utaer is C:3 sYllrsa:, t�o yt� ne -,sr _ fiC d to vemrry 5i1L t driv,n ] %Ylih money In your car, and you're assured payment for every es gala trip. ZERO TOLERANCE If there'e ever ar* iseue cr nrciderrt, carr kxal srpport t� ra na have yn r tax, ;k. WV bike in rtrlarc}F)ritJLC kar.Fia Ui rrr sw-NCS:rsby and will immedlately and parmanen?ly ramic,^e anyrore —rider or driver —who bohaw inappi,c- priately an the sY^s'tem. Not cnly.z!3 ihezo pvicres keep you safe. troy p-otecr yys'.-.ir .xrurrr-v...ar[I -e:Frulalirari• grid Lho great tir.'viC: re you FIr4 vn* i lve ly ,'seLy_ If vol. hi:,y z ^,y qua- stioro or soggy stions about'. horsy w'e can c:unlin.- ri i:xri inlg t fcny, mnrlil ux a[ �s rt•:o c' ? - =.. i:an ::. n. -I. — The Wier Team FOLLOW US ON f No m 217 Nearly 1M people have signed petitions supporting ridesharing in their cities. v Iv O UBER DOES NOT OPERATE O RIDESHARING REGULATIONS IN CITY UBER OPERATES O TEMPORARY OPERATING AGREEMENTS IN CITY ■ STATEWIDE TEMPORARY OPERATING AGREEMENTS STATEWIDE BILL ON THE GOVERNOR'S DESK ■ STATEWIDE RIDESHARING REGULATIONS RIDESHARING REGULATIONS COLORADO HOUSTON LITTLE ROCK VANCOUVER NORTH DAKOTA TENNESSEE 4.28.2014 8.6.2014 11.18.2014 2.26.2015 4.18.2015 5.20.2015 CHICAGO TULSA DALLAS KENTUCKY KANSAS CITY KANSAS 5.28.2014 8.28.2014 12.5.2014 3.19.2015 4.23.2015 5.22.2015 BATON ROUGE CALIFORNIA NASHVILLE UTAH WISCONSIN BLOOMINGTON 6.25.2014 8.28.2014 12.16.2014 4.1.2015 5.1.2015 5.26.2015 SEATTLE AUSTIN CHATTANOOGA ARKANSAS INDIANA NEBRASKA 7.14.2014 10.16.2014 1.6.2015 4.6.2015 5.5.2015 5.27.2015 MINNEAPOLIS OKLAHOMA CITY SPRINGFIELD, IL IDAHO GEORGIA NEVADA 7.18.2014 10.21.2014 1.6.2015 4.7.2015 5.6.2015 5.29.2015 COLUMBUS, OH DC ILLINOIS NEW ORLEANS OKLAHOMA 7.21.2014 10.28.2014 1.12.2015 4.9.2015 5.8.2015 MILWAUKEE CINCINNATI VIRGINIA ARIZONA MARYLAND 7.22.2014 10.29.2014 2.17.2015 4.10.2015 5.12.2015 TEMPORARY OPERATING AGREEMENTS DETROIT MASSACHUSETTS PALM BEACH PENNSYLVANIA ''ORTLAND SOUTH CAROLINA SPOKANE 218 Ridesharing (uberX) Legislation Principles Technological advancement frequently outpaces the legislative process. Regulations drafted in the era before smartphones could not have anticipated future technological innovations. Regulations should protect consumer safety - -this is crucial - -but, they should not be used to protect industries resistant to change. Simply trying to impose a legacy regulatory framework onto the new sharing economy will not work as it will only burden it with the same problems that technology is now capable of solving. Ridesharing is a technology- centric model of urban transportation. Ridesharing means that drivers provide transportation with their personal vehicle to passengers in need of a ride, all the while bringing competition and innovation to an industry that has not evolved in years. This competition benefits passengers, drivers, and cities, and dramatically raises the safety, quality, and customer service levels offered by the industry. As ridesharing has matured, many jurisdictions have worked closely with ridesharing companies to draft ridesharing regulations that ensure the protection of the public, while recognizing the inherent differences between ridesharing and the traditional taxi and limousine industries. Typically, these regulations refer to a ridesharing company as a Transport Network Company (TNC). Ridesharing regulations are based on the following principles: 1. Mobile technology powers ridesharing. Passengers use smartphone applications to request a ride on- demand from wherever they happen to be and GPS -based technology assigns the ride to the closest driver. Passengers and drivers use technology to communicate and there is no physical intermediary. 2. Ridesharing - part of the sharing economy - creates economic opportunity from existing assets. Personal vehicles are among the most under - utilized and resource - intensive assets. Ridesharing makes better use of existing vehicles, while creating flexible economic opportunities for thousands of vehicle owners. In doing so, ridesharing dramatically grows the the number of multiple occupancy rides taken, and decreases congestion and pollution in cities. 3. Ridesharing is not a full -time commercial activity for most drivers. Drivers use their own personal cars and, in many cases, offer ridesharing services on an ad hoc or part -time basis, when they are not otherwise occupied or using their car for personal travel. 4. Public safety is paramount. Ridesharing is safer than existing for -hire transportation options. All drivers undergo thorough background screening that meets or exceeds existing industry standards. Similarly, all rides are covered with insurance that meets or exceeds current commercial requirements. Reliable and auditable mechanisms also exist to ensure vehicle standards and customer service levels. 5. Ridesharing does not allow for street hails or anonymous pickups. Passengers connect securely with drivers virtually through smartphone applications in a safe, monitored environment. Upon receipt of a rideshare request, drivers know who their passenger is and can contact them. Passengers can see who their ridesharing driver is, along with their customer rating, licence plate, and car make and model. Lack of anonymity makes ridesharing inherently safer than traditional for -hire transportation. 219 6. High quality and standards are enforced through user feedback. Reputation is important and cannot be faked in the sharing economy. Riders and drivers are prompted to provide anonymous feedback to each other after each trip. This feedback is used to preemptively identify problems and reward good service. Feedback is monitored at all times and is acted upon quickly. Only users with high ratings are permitted to use the system. 7. Ridesharing removes the need for transactions or cash. At the end of a shared ride, passengers step out of the vehicle and drivers are automatically paid. Smartphone rideshare applications accept credit cards and other forms of electronic payment; they never accept cash which improves the customer experience, reduces traditional taxi crime and eliminates "fare jumping ". 8. Pricing is transparent and responsive. Pricing is always transparent to rideshare passengers. Riders can access accurate fare estimates before a ride begins. Infrequently, when supply of available ridesharing cars on the road is overwhelmed by demand, pricing can increase to bring more cars on the road. Just like electricity grids, the result is better matching of supply to demand. Riders always have the choice whether to accept or reject higher prices during these periods, and have the option to be notified when the price returns to normal should they wish to wait. 9. Ridesharing technology companies are licensed The technology companies that power ridesharing are required to obtain licenses under newly created municipal or provincial business categories. Typically, this new category is call a Transport Network Company (TNC). As technology companies, TNCs can operate in a jurisdiction without a physical presence. 10. Ridesharing is constantly evolving As an emerging economic model for transportation, ridesharing is continually evolving to better serve drivers and riders. Regulatory frameworks that are being applied to ridesharing allow for continued innovation and evolution by regulating safety outcomes and not prescribing business practices. Competition between ridesharing companies increases the choice and level of service offered to drivers and passengers. 220 1/6/2015 Government Gouvernement of Canada du Canada Competition Bureau Home > By Topic > Advocacy The Competition Advocate - Competition Bureau Canada by the Competition Promotion Branch Taxi industry's emerging digital dispatch services OTTAWA, November 25, 2014 — In recent years, the taxi industry has witnessed the emergence of innovative business models that make use of software applications to efficiently connect passengers with available drivers. These services, known as digital dispatch services, allow customers to use their smartphones to locate nearby drivers, conveniently order their services, and arrange payment. The Competition Bureau is of the view that these innovative business models have the potential to offer important benefits to consumers through more competition, including lower prices, greater convenience and better service quality for a variety of reasons. First, digital dispatch services offer an innovative and convenient alternative to traditional methods of arranging urban transportation, such as hailing a taxicab on the street or phoning a traditional dispatcher. This is very convenient for consumers. In addition, many of the new emerging software applications offer additional features, including payment options and Global Positioning System technology to allow consumers to identify nearby available vehicles and tailor their requests accordingly. While early digital dispatch services generally connected passengers to licensed taxicab drivers, some applications are now facilitating "ride sharing" services that connect passengers to private drivers that wish to offer transport services. These innovative applications benefit consumers in the form of greater convenience and better service quality. The Bureau is aware that many local municipalities have raised concerns that providers of digital dispatch services, as well as the drivers that use these services, may not be in compliance with local regulations and licensing requirements that govern transportation service providers. For example, the cities of Montreal, Calgary and Vancouver recently disallowed ridesharing services, and other municipalities including the cities of Ottawa and Toronto have taken enforcement action against nro? iders of digital dispatch services. The Bureau believes municipalities http: // www.competitionbureau.gc.ca /eic /site /cb- bc.nsf /eng /03842.html 1/3 1/6/2015 The Competition Advocate - Competition Bureau should consider whether prohibitions on digital dispatch services and ridesharing applications are necessary and explore whether less restrictive regulations could adequately address their concerns. In addition, many stakeholders have also raised concerns about consumer protection issues, including safety and privacy concerns. While the Bureau is not well - placed to assess safety concerns, which may well be legitimate, we are able to highlight to regulators what they give up in terms of reduced competition when these innovative offerings are prohibited. In addition, such regulations should be no broader than what is reasonably necessary to achieve consumer protection objectives. Over the years, the Bureau has received numerous complaints concerning the taxi industry, including would -be drivers being unable to obtain plates, drivers being forced to deal exclusively with one dispatcher, and service complaints concerning wait times and prices. The Bureau understands that innovation can be disruptive to existing industries. Recent examples include the real estate and banking industries. However, in order to be successful, not only must the innovators have courage, vision, drive and patience, but markets must be receptive to those efforts. While urban transportation services that use passenger motor vehicles, including taxicabs, have traditionally been closely regulated by municipalities, the many concerns expressed by municipalities, stakeholders and consumers highlight the importance of ensuring that those responsible for the regulatory oversight over licensing and other relevant competitive factors properly consider the impact their rules and policies have on competition and ultimately, on the prices, choices, and service quality available to consumers. For more information, please read the submission the Bureau made to the City of Toronto's Taxicab Industry Review in February 2014. The Competition Bureau, as an independent law enforcement agency, ensures that Canadian businesses and consumers prosper in a competitive and innovative marketplace. Quick Facts • As part of its mandate, the Bureau participates in a wide range of activities to promote and advocate the benefits of a competitive marketplace, both in Canada and abroad. • Greater competition generally leads to lower prices for consumers, as well as more consumer choice, a wider range of service options and increased innovation. Associated Link The Competition Advocate is published by the Competition Bureau's Competition Promotion Branch. It is published periodically and offers the Bureau's views on industries that may benefit from increased competition. 222 http: // www.competitionbureau.gc.ca /eic /site /cb- bc.nsf /eng /03842.html 2/3 Uber Accessibility Guide Uber is committed to making a universally accessible app. Our technology has allowed us to tremendously increase mobility for our riders with disabilities, and we continue to work hard on features to accommodate all riders' needs. We use all available resources to make this the most user - friendly product to those with disabilities. Click on the links below to use this guide and learn about the ways that Uber fully serves the disability community. Vision Impaired Hard of Hearing Physical Disabilities Vision Impaired With VoiceOver iOS compatibility, the Uber app provides a safe transportation option for the visually impaired community that is adaptable to their needs. Riders can enable VoiceOver by going to their iPhone's General Settings and tapping the Accessibility tab. VoiceOver can be used in connection with a wireless braille display, and is available in all Uber cities and languages. VoiceOver helps users navigate the iPhone, even when they can't see the screen. Touch the screen to hear what is under your finger, and use swiping and tapping gestures to control your apps. When a user touches the screen, a description of the button selected is read aloud. For more information, see Apple's website here. Using the Uber app with VoiceOver To open the Uber app o U B E R • Drag the selection button to the Uber icon, followed by a double tap to - ,��.,�. 0 LINCOLN PARK open the app. w Setting your pickup location , o • Once you open the app, the button selected will be "Set Pickup Location." The black line indicated on the right shows the button selected using VoiceOver. • To manually input your pickup location, swipe up and for the button to� select the pickup location search field. Double tap the pickup location „= E search field. • In the search field, you can use Siri dictation to input your location, or type manually. Selecting a vehicle • After setting your pickup location and going back to the request screen, swipe down to select a vehicle. • Once the button selected is the vehicle of your choice, double tap to hear ETA, minimum fare, and maximum number of passengers. • Swipe up to hear rates. These rates will reflect the surge multiplier at the time. • To return to the pickup screen, swipe to the cancel button. Requesting a ride • Double tap the "Set Pickup Location" button to request a ride. • This will lead you to the confirmation screen. Swipe down to change your payment type, get a fare quote, or enter a promotion code. • Swipe down again to request your ride. 223 Trip Actions Menu • After your driver is assigned, swipe down on the screen to hear his name, rating, and vehicle information. Swipe to the trip actions menu to split a fare, share your ETA with a friend, contact your driver, change your payment type, or cancel the trip. • Split a fare: Tap the "Split Fare" button. Your contacts list will populate, and you can use Siri dictation or manually type in a friend's name to split a fare. • Share ETA: Tap the "Share ETA" button. Enter your drop off location in the search field using Siri dictation or typing manually. Uber will create a new text message for you to send to a friend. • Contact driver: Tap the "Contact Driver" button. Swipe the button to "Call Driver" or "Message Driver," and double tap to proceed. • Change payment: Tap the "Change Payment" button. Swipe down to select the correct credit card to charge, and double tap to confirm. To turn Uber credits on or off, double tap to slide the credits bar. • Cancel trip: Tap the "Cancel Trip" button. Swipe to "yes" or "no" to confirm you'd like to cancel your ride. Double tap to proceed. Pickup • By contacting your driver through the trip actions menu, you can get verbal confirmation that the driver will pick you up in the location indicated. • You will receive a push notification that your driver has arrived. With VoiceOver enabled, this notification will be read aloud. After your ride Once your driver ends your trip, a screen will display in your app to rate your driver on a scale from one to five stars. Swipe the button in VoiceOver from left to right to indicate how many stars you want to rate your driver. Swipe down after selecting your driver's rating, and opt into leaving feedback. If you select "Leave Feedback" and double tap, you will be lead to a screen to use Siri dictation or type feedback about your ride. After adding your feedback, swipe up to select an issue type: • Arrival time • Professionalism • Driving • Trip route • Car quality • Other • Swipe down and double tap to submit your feedback. Paying for your ride • Using the Uber app, there's never any need to exchange cash. We'll always automatically bill your card on file. Screen Enhancements Visually impaired riders can invert colors on their screen to better see their display. Go to your iPhone's General Settings menu, and head to the Accessibility tab. Select Invert Colors, and the settings apply system -wide. 224 Hard of Hearing Visible and Vibrating Alerts If you are deaf or hard of hearing, assistive technology such as visible and vibrating alerts can help you use the Uber app. Head to your iPhone's General Settings, and tap the Accessibility tab. From there, scroll down to the Hearing section to enable LED Flash for Alerts. Along with a vibration, your phone's LED Flash will be delivered when you receive notifications from Uber, such as a note that your driver has been assigned, your driver is arriving, or that your ride has been cancelled. Other Visual Features With various text prompts and visual features, audio is not needed for full functionality of the Uber app. The ease of requesting a ride and getting picked up is seamless for any rider: • To request a ride, tap "Set Pickup Location" with the location pin. You can also tap the Pickup Location bar the top of the screen to manually enter an address. • Choose your vehicle at the bottom of the pickup location screen. Double tap the car icon to view pricing and ETAs. • After setting your pickup location, the app will ask you to confirm your request. On this screen, you can get a fare quote. Tap the Fare Quote button and enter your dropoff location to get a better idea of what your ride may cost. Tap the request button to have your request sent out to drivers in the area. • Once a driver has accepted your request, you will receive a push notification or SMS text with your drivers' name, rating, and ETA. Riders can use the map in their app to follow their drivers' path to pick them up. You will also receive a push notification or SMS text when you driver has arrived. • If you are having trouble and need to contact your driver, you can tap the "A" button next to your drivers' information to contact him. Tap "text driver" to send your driver a text message. • After your trip, you have the chance to rate your driver and type in any feedback you may have for the trip. Physical Disabilities Wheelchair Accessibility All transportation providers that partner with Uber are able to accommodate folding wheelchairs. In some cities, Uber has partnered with transportation providers with wheelchair accessible vehicles. We are working to partner with wheelchair accessible transportation providers across the nation. For riders using the app in Toronto, wheelchair -bound riders or those with accessibility needs can request a wheelchair accessible taxi with hydraulic lifts or ramps. Service animals Service animals are always welcome. Uber will deactivate transportation partners from the Uber platform who refuse to transport a rider with a service animal. An asset to the disability community Technology is rapidly transforming the transportation industry. Uber has increased the mobility options of users with disabilities by providing inclusive access to safe and efficient transportation options. Uber is constantly taking steps to increase broader disability mobility and is confident that our technology will prove a great benefit. 225 ACCESSIBLE TRAMS P F T .TI ON OP-FIONS IN TORONTO e:rP°^ N ni ro=c WIR,q,NSFMaRYA.TId�r# K31P"l0Ht5 UVA-r s mrssion is to cornett everVo�n a to sate, re II.aGie rrdq�s t na l arrove %*+ nm n r- lnutes at t ne tap L-f a Gzi .ton. We kna,. %, t -iaa r IZers witrrt drsatitlltles. `ice a varimzV oT prolDIL -rrr accessing on- Cernand transporta zlon in Taron Mai_ AnO tier ril le these proolems are nu-, in Ique 7-o our citV. Grieve Is rr 3re 7riat can tae- done and Ult!"er Is proLji to de a part oT arie s€il u -Ion. 4lt:ie- EEESS is a platform triat connects riders with I;lcense4zl pa ratranslt drivers a ricl curl] -to -cu rd se!rvilce In v�aFllcles Mat are i2clluipomeO with 1hyd raulic ramps or lli`ts. Tri Is rT -eans t riat Toronto • riders reel it rinp ar extra nar€i Mave, access to the s:-=me on- demand transporta Ion Lecrinolcig.V - at the same price - _-ia_ hLncreds nlr Mcusandsa` utter ri€iers.alreodyr Icier I n Ontarl -3. 226 Sirm a we I nitrcHd uccid caber CESS In Tsnrnin to In ac+c+ember .20114, oir v nee=lcna it accessl G l e vp-[- Icle supIDIV nc°s Veen gXowing. w1n icn r-z 4 aransformec -M!sa sal eb transit_ 7-+e platrorm al lows ror on- i�emar:[] pick u,ps %v i nrn r- mutes_ ran❑ -Jr i"arers of ven Icles E�in t ne L- 'C*--rA CCESS a re know r `eURea tale z-dout acce =sl t3rl Itv n+eeUs and aceommotiattrig Tor rmbers +.+a °no requl re %,Q heel r -lair .al=cessl tll e ven Icles viritn a trt par ramp rar transPrrtat ion. Ft uest -an UtTer.ACCESS Vehlele. 1. Wpare : -le sinner to TAX r at tne ncttom of :ne i._ r� er app 2_ Tar- tne• UOerACCESS Ca r a liove trig sl Icier 3. elect 'Wouir Ific tbun aml recZues't a rrbe! We're OaU Icate•n to I ncreasiri_g tree mood liv, eifnc ienr-v anei rreenom of all rlcers am eirl'ers ay, ltn acces!s RDI ImitV needs. +." IM VcitreDver ra--S c^r� patl 1111 ItV. tree U der apR a ;sa Grovicies a sate anO rel la nle :r -ansporta Ion op licin for trve uis.ialIv IrnpzMre-� commune -rs.+_ Furt nermore. t ne app incl ueles. varlous text prampts anei visua I `ea-,tares, meanInd r1a-- aupto Is not ryeerlep to t.+se lJder, e'nsiring etrec -ive c€ImmLinication -,Dr tncxse w no are tear or narks -o-- rearl nR- 227 CHICAGO CHICAGO DRIVER INCOME STUDY MARCH Y2, 2 POSTED BY ANDREW MACDONA!LD Introduc'tlon The purpoSeof this Study is to investigatetneopportunity that driving as a partner of uberxprovides for residents of Cnicaglu. SuDDlying rides dispatched through ubers software is a new and lucrative opoo tunity to partners who live in all neignoornoods of Chicago, and we nypotnesize that the opportunity is particularly useful to drivers who live in arks ;;-itn Iooe, median incomes. Methodolo" In order to investigate the opportunity that partnering witn JDc °r offers local drive's. we created a data set that contained_ • median income by community 1 • census community in which each driver lives • each driver's estimated hourly income Pram supplying rides through uber's software we focused on drivers whose ti mesDent on on t fie uberx platform was at least 20 hours,hwee< in order to ma <to ; strongest statement about part nering witn unerx as a meaningful c.- L�er option, but note that working fewer hours as a driver on uberx is not associated with lower hourly totals - We summed the fares for each local driver's rides in February, subtracted the portion tnat constitutes Liners fee, adjusted for utilization (i.e. the time spent in the car oitnout a passenger) and then deducted a conservative estimate of costs related to operating a vehicle Adriver"s nomecommunity's median income and her hourly income onuoerxwere plotted ag,Inst earn other [see chart below)- We tneh totaled t neperceritage of drivers wno earn more than their neighborhood's median In €o me, i- a -tnose Dol-its that fall above the dasned diagonal line - This analysis was run on a large numDer of drivers in 2014 in Cnicago Results Tne median driver on uo[rx ono lives in Chicago earns more than $161hour, almost t'oi €e the local minimum wage. 59% of uberx drivers in Chicago earn more than the median nourly wage in their neignoorhoods- If you only look at residents of communities with a median hourly wage of less than $113/boufr 13A of uberx drivers •_.::•n ~core than the median hourly wage_ Furthermore, tneoaao•jnit.; _ : _ ,_ ±offers drivers is unrelated to their home area - if you reg`rss nourPw in€.o e .r,3 -1 these drivers on their nome area's median Income, tneco €4f lcient is tiny' : :x_,_ dollar In median area Income IS associated with 2 extra cents /hour in drive, ° _1 °nei and not statistically differcint from 0- The data as well as a dasned 45- degree line, are visualized in the scatterp lot below= 228 voieFX Driver Inippme OV Neipooirriwo's Meoign lncom* Median hourly mome cd n"Vbvt*W Each colored dot represents a driver. Drivers above the diagonal line, In turquoise. earn more than their neighborhoods median hourly wage when driving for uberX- 1. We assLffncdo 32 t.,cb mod.,.jo acyk ivock er, coovcytmg Ircyn, ooauol to hGunly mcome, bawd or? M M.'es es low, Mori? ao are C'XiggLyateag Mr, Modear? Ri%,rly eocomff ea Mo On C Jgo C OMMLe. ( Lly areas 2- CmsLs aroo bow. islareff ar?d eacorncstj2S com from ?7crc 229 THE ECONOMICS OF PARTNERING WITH USER DEMAND FDR FI- EXIBILITY The Bureau W Labor and Statistics found that 82% OF INDEPENDENT CONTRACTORS prefer their work arrangement to a traditional job. a 0 G 4 0 0 73% OF UBER PARTNERS say the same: they would rather have a jab where they choose their own schedule and are their own boss than .a steady 9 -S jDb with some benefits and a set salary. WHY AFtE PEOPLE C11-11005ING TO DRIVE WITH USER? i f - - J 1 is °TO earn more Income to better suVoort myself or my Family." 85 %, -TO have more flexlblllty in my schedule and balance my work with my life and family.' 230 87%. -To be may own bass and set my yawn schedule_- 15 UDER DRAWING NEWCOMERS TO THE TRANSPORTATION ECOSY57EM3 IT'S NEARLY A SO /SO SPLIT: I �M I� 0 49% OF USER PARTNERS 5 ! ?. OF UBER PARTN ERS have prevlvus experience driving at have never previmly wacky 50cne point In their Career.. as a idriver. 14 WOMEN {�vmpan� tP 195 4i NYC taxi dnversl 25% OVER AU SR WHO ARE 7HE5E DRIVER.57 10 42% of women compared to 29% of men) saki a Primary reason for partnerIng with 42 Uber is to work a part -time or flexible schedtple Ipecause Of - family, QOut ation or health reasons.- 231 71% HAVE DEPENDENTS LIVING AT HOME 0,11dren, oaranls, etc.) 19% UNDER AGE 30 9r 15 UDER DRAWING NEWCOMERS TO THE TRANSPORTATION ECOSY57EM3 IT'S NEARLY A SO /SO SPLIT: I �M I� 0 49% OF USER PARTNERS 5 ! ?. OF UBER PARTN ERS have prevlvus experience driving at have never previmly wacky 50cne point In their Career.. as a idriver. 14 WOMEN {�vmpan� tP 195 4i NYC taxi dnversl 25% OVER AU SR WHO ARE 7HE5E DRIVER.57 10 42% of women compared to 29% of men) saki a Primary reason for partnerIng with 42 Uber is to work a part -time or flexible schedtple Ipecause Of - family, QOut ation or health reasons.- 232 71% HAVE DEPENDENTS LIVING AT HOME 0,11dren, oaranls, etc.) 19% UNDER AGE 30 9r IN THEIR OWN WORDS PAR [NERS FROM ACROSS I HE COUNT RY SHARE THEIR EXPERIENCE c "My father drove taxi for over 48 years in Ottawa. Turns out the acorn doesn't fall far from the tree, as my father `* loved his work, I as well truly enjoy meeting people, talking to them and providing a valuable service to them. What I love about Uber is that the system is simply the best system I have ever seen when it comes to a driving ' service, it is nice to be a part of." JEFF / OTTAWA, ON "Currently I am a full -time Medical laboratory technician /assistant. I started working as an uberX driver from day one in Edmonton. I think uberX is the future of how taxis would be defined and used. I just wanted to be part of 40 new beginning in our city to provide excellent reliable alternative transport option to the public." ABDIREZAK / EDMONTON, AB "I was looking for something that would allow me to earn money, interact with people and fill in spaces in that would feel rewarding and give me joy. I also do not want to put myself on someone else's schedule. I want to have the freedom to take off and travel, do what I want to do, when I want to do it! Uber is that for me!" ESTHER / TORONTO, ON "I was looking for something to supplement my income, that was safe, fun and lucrative. It has helped me to <' develop more confidence in myself; the power to manage my life is exhilirating! Being able to decide when I work and how much I make, is very empowering and freeing, especially in an industry that is male dominated." RACHEL/ TORONTO, ON "The Canadian Armed Forces has always bestowed teamwork amongst us. I am honoured to be connected to the True Patriot Love foundation. Canada is a huge country and I understand how important it is for people to move ` around. I am privileged that I can help my fellow Canadians (and tourists alike) get around. It's with great pride that I was able to serve my country in uniform and now, with uberFORCES. Go Canada —Go Uber!" GLEN / OTTAWA, ON 233 At Uber one of our main objectives is to ensure users can get a reliable ride when they need one. Technology provides an unparalleled lens into issues of supply and demand in real -time that were previously unimagined. What is Surge Pricing? When demand outstrips supply, surge pricing kicks in to help bring more cars on the road. Our partners are people too, and as such have alternatives to being online on an evening, weekend or holiday. Their response to increase earning potential allows more trips to be completed, and more people to get where they need to go safely and efficiently. How does surge pricing maximize the number of rides available? It's simple economics. At a higher price, more people are willing to get on the road. This in turn leads to more trips being completed, and surge multipliers coming back down. How are users notified that they will be charged a higher rate? Any time surge pricing is in effect, riders are notified prior to placing their request to confirm that they have accepted the current multiple on the fare. If a multiple of 2x or higher is in effect due to very high demand, then the rider must also confirm the multiple they saw prior to placing the request. This ensures riders are fully informed and agreed in advance. If I don't accept the higher fare, does that mean I am stuck? Absolutely not! If you aren't pressed for time and don't mind waiting until surge is over, we will notify you that prices have come back down, letting you spend a little more time wherever you are and still ensuring you can get home safe. What about surging during times of extreme weather or other disasters? Surge is the best means we have for ensuring that people can get a reliable ride even during times of inclement weather. During disaster situations, Uber will donate 20% of the total fare to a local organization to help in the relief efforts. This policy intends to strike a careful balance between the goal of transportation availability with community expectations of affordability. Is surged implemented on all products? SURGE PRICING x oemam rs on me marts! Fares nave i1e1 —d to get more Ubers on me 111. Stb' D. Taxi products in Canada are always priced at the municipal fare. Surge is only applicable on the UberBLACK and uberX products. 234 THE CITY OF THE FUTURE: DNE MILLION FEWER CARS ON THE ROAD Published on October 3, 2014 of http: / /blog.uber.com /city- future It's no secret that Uber for many is cheaper than owning a car, but does the impact of the worlds safest, most reliable and affordable ride end there? Not even close. This morning at the Institute of Directors Annual Conference in London, Travis explained Uber's vision for a more livable city where our goal isn't to put more cars on the road, but actually to take cars off the road and create even more good jobs and income opportunities for people all around the globe. Uber has been committed to changing people's lives by revolutionizing urban transportation. But we aren't stopping at this —in fact, we're just getting started. Our vision for the City of the Future is one where a major metropolis— whether it's New York, London, Rio or Singapore —has many fewer cars on the road than it does today. Today, Travis talked specifically about London and how it could be possible to take a million cars off the road while at the same time creating 100,000 jobs. But how do you get one million cars off the road in a city where population is increasing? Through a combination of increased peer -to -peer services like uberX and new and innovative features like uberP00L, not only do we believe this is possible, we welcome the challenge of making it a reality. We believe in a future that looks a whole lot greener, cleaner, and more efficient thanks to fewer cars and more shared rides. We can't wait to start building it together. uberP00L is more efficient than personal cars or taxis. It can move the same number of people while reducing congestion and cars on the road. PERSONAL CARS, TAXIS, PRIVATE HIRES 27 PASSENGERS uberP00L IIII PERSONAL GAR R OF PASSENGERS ube,P00L # OF PASSENGERS TA %1 /PRIVATE HIRE # OF PASSENGERS Imagine uberP00L... LONDON 1,000,000 fewer cars in London means... ►e j I (i) Coe LESS CONGESTION LESS EMIS51ONS LESS TIME IN TRAFFIC MOREIORS U B E R 235 CHICAGO UBER ECONOMIC STUDY: UBER SERVES U N DERSER`ED NEIGHBORHOODS IN CHICAGO AS WELL AS THE LOOP. DOES TAXI? ?. 2014 POSTED Sy ANDREW) IVMACDONAL0 SUMMARY The User app was created to make sure tnat people could get rides °vine-) ---id tame -e they need, no matter what - Weal ready know that 4 in 10 rides in Cnicaga sta-1 oA end in underserved neighborhoods and we nave heard story after story from riders around the world who have never been able to ,pet a taxi to come to their neighborhood, and who now rely on Uber for relianle transportation_ so we decided to taKe it a step further and investigate the quality of service in those co°rmunities- This study exaiores what, if anu. - elationsnip exists tietween a ne gnoornood's economic well -being and the level of service that Ubers network n`ovides In that neighbornood_ we studied two related questions_ 1) does a neig-iDw nood's median inco^re predict the expected tree before a driver appears afte`arequest Is made? and 2) does a nelgnbornood's -geclon income o -edict the lifelihood that arequest will go co°npletely unfulfillcl? T-ie 12suIts! Medlan Income In a neighborhood has no meaningful relatlonshIn to Ubers leveq of service In that nelghborhood, Including wait times and fulfillment rates_ METHODOLOGY: THE VVONKY STUFF In order to investigateIherelatio -is n.o oetween local inco -re and Jhe's level of service, we analyzed a data set that included_ median income by neighborrcea neikhborhood in which each grip originated whether or not each trip was ultimately fulfilled the time between request and pickup for each completed trip The relationship between a neighborhood's income and the waiting; tree was determined by running an ordinary least squares regression of the fo,m wait = a + b'income. This regression was run on a large number of t,ios m 2?v1?: m Chicago. The relationship between a neighborhood's income and Me o-ooanility of a rides neing fulfilled was determined with a similar specification. Dos-unfulfilled = a + b' income- This second reg€ ession was run on a single observation for each neighborhood of tno oercehta#ge of trills that are not fulfilled as a percentage of all t, -, -equests. RESULTS: THE NUMBERS n €ome Is related to expected wait time by the formula Wait (era seconds) = 510 -.003 'median income (in dollars) words, a $1,000 increase in a neighborhood's °nedian income is associated _i 3 fewer seconds in expected wait time- The data and regression line are shown .... czIIv below- 236 Msaa- vedian income is related to tare ofunani I itNi of a ride go iqgunfu If i I loj D,-,, viefo—v-i I,, ,grob..unfulfilled = .3 -.000003 - median inCOMO (in dOYLYS) In ot-io, kvo-ds. 2-1 i-icTase in median iico-ge of $1.GGG is associated kv it i -I nc,&ise n trio Doziani I itV of fulfillment of CC 3 lie. .3 Dencentage Doi—Its). Trio d2t2 and rc asiori brie ae siown graDnicallv nelo,s*v. q* 0 Ol • QQ o 237 DUI RATES DECLINE IN UBER CITIES The availability and affordability of rides on the Uber network provide the residents of Uber - enabled cities with an important alternative to drunk driving. Each drunk driver who is replaced by a safe, professional, and sober partner on Uber's platform represents a considerable contribution to the welfare of a city such as Chicago. Until now, this benefit has been anecdotal. In order to show how much Uber's entry in markets has reduced local drunk driving, we built a simple econometric model that uses publicly available data. In a general purpose research effort, we looked at Seattle as an example city with the most readily available data. Every city differs, but we find that this research strongly suggests that there is a relationship between people's decision to drink and drive and increased transit options. We can reasonably extrapolate these results and apply them to what we consistently hear from our riders in Chicago and elsewhere. We estimate that the entrance of Uber in Seattle caused the number of arrests for DUI to decrease by more than 10 %. These results are robust and statistically significant. The diagram below illustrates the "Uber effect" relative to the baseline of DUIs. We also included the measured impact of legalizing marijuana (see the Details section below for more on this). DETAILS Seattle DUIs per day 1.4 -0,7 6.2 6 5 d 3 z 1 0 Base level ULU Legalized Uber entry Total marijuana M-*] In order to begin studying this important but difficult question, we have assembled drunk driving data from the arrest data made available by the police departments of both San Francisco and Seattle. In San Francisco, the data is available from the city's general crime data on their website.' We filtered this for DUI according to Category "DRIVING UNDER THE INFLUENCE." This includes non - alcohol drug arrests for driving under the influence, which we leave in in the main analysis (it makes almost no difference if we filter for only alcohol - related DUIs). Seattle has a traffic crime database', that we filtered for DUI as well. Seattle's data does not distinguish between alcohol and other drug - related DUIs. Both data sets report a timestamp for each arrest; we accumulated arrests by day in the regressions below. As a first step, we estimated a simple regression discontinuity that tested whether the incidence of DUI changed in Seattle before and after Uber entered, controlling for a time trend, day of the week effects, and the legalization of marijuana (which seems to have caused a spike in DUF). Table 1: Regression Discontinuity Output Estimate Std. Error t value Pr(>Itl) (Intercept) 7.6831716 0.3325283 23.105 e 2e -16 * ** day 0.0020233 0.0006459 3.132 0.001771 ** pot.legalTRUE 1.4008270 0.3709933 3.776 0.000167 * ** Bowl - 0.3791986 0.3180066 -1.192 0.233309 dow2 - 5.0022745 0.3180070 - 15.730 < 2e -16 * ** dow3 - 5.3906180 0.3180069 - 16.951 < 2e -16 * ** dow4 - 4.4926413 0.3180065 - 14.128 < 2e -16 * ** dow5 - 3.5965157 0.3175904 - 11.324 < 2e -16 * ** dow6 - 2.4063536 0.3175890 -7.577 6.62e -14 * ** UberTRUE - 0.7074153 0.3533327 -2.002 0.045475 *Note: In the chart above, the intercept reflected is the average of days for simplicity of display, and the regression in Table 1 displays the intercept for Sunday. By this approach, Uber is responsible for approximately -.7 DUIs per day, or more than a 10% reduction overall. However, this approach is inherently weakened by the fact that many things could have caused DUI to go down around the time when Uber entered. In order to test the robustness of this estimate, we use San Francisco as a control city in a "differences - in- differences" framework. The result is consistent: 239 Table 2: Differences -in- Differences Output The advantage of the differences -in- differences approach is that it filters out any random shock that is common to both Seattle and San Francisco, whether or not we observe that randomness in any of the variables in our data sets. While it's still possible that something unrelated to Uber's entrance into Seattle coincidentally caused a change in Seattle's rate of DUI, this approach rules out most coincidences that occurred at a national or regional level. CONCLUSION This simple econometric study provides evidence that Uber's network of safe, readily available rides have a meaningful and measurable impact on drunk driving in cities in which Uber operates freely. While there is plenty of room to explore this topic in future studies, the data confirms the intuitive claim, backed up by countless anecdotes, that potential drunk drivers will choose other options, like rides with Uber, when they are convenient, affordable, and readily available. 'http.-Ilapps.sfgov.org/datafi/es/index.php?dir=Po/ice 'https:/ /data. seattle. gov/ Public- Safety/TrafficViolations- Accidents- DUIs/csry -gf2j ' See,e.g., http://www.csmonitor.com/ USA / Latest - News - Wires / 2013 /l l23/ Pot - smokers - arrested - for - DUI -A- record- high -in- Washington 240 Estimate Std. Error t value Pr( >Itl) (Intercept) 3.0963878 0.2390053 12.955 < 2e -16 * ** day - 0.0004305 0.0005177 -0.832 0.405754 pot..legalTRUE 0.2394509 0.2973542 0.805 0.420735 seattleTRUE 3.2775153 0.2939764 11.149 [ 2e -16 * ** dowl - 0.1066047 0.1802320 -0.591 0.554245 dow2 - 2.7942405 0.1802322 - 15.504 e 2e -16 * ** dow3 - 3.0782951 0.1802322 - 17.080 < 2e -16 * ** dow4 - 2.6238256 0.1802320 - 14.558 < 2e -16 * ** dow5 - 2.0917109 0.1799961 - 11.621 f 2e -16 * ** dow6 - 1.3997299 0.1799954 -7.776 1.06e -14 * ** UberTRUE 0.0610985 0.2831993 0.216 0.829204 day:seattleTRUE 0.0024483 0.0007321 3.344 0.000837 * ** pot.legalTRUE:seattleTRUE 1.1602775 0.4205196 2.759 0.005835 ** seattleTRUE:UberTRUE - 0.7624283 0.4005019 -1.903 0.057158 The advantage of the differences -in- differences approach is that it filters out any random shock that is common to both Seattle and San Francisco, whether or not we observe that randomness in any of the variables in our data sets. While it's still possible that something unrelated to Uber's entrance into Seattle coincidentally caused a change in Seattle's rate of DUI, this approach rules out most coincidences that occurred at a national or regional level. CONCLUSION This simple econometric study provides evidence that Uber's network of safe, readily available rides have a meaningful and measurable impact on drunk driving in cities in which Uber operates freely. While there is plenty of room to explore this topic in future studies, the data confirms the intuitive claim, backed up by countless anecdotes, that potential drunk drivers will choose other options, like rides with Uber, when they are convenient, affordable, and readily available. 'http.-Ilapps.sfgov.org/datafi/es/index.php?dir=Po/ice 'https:/ /data. seattle. gov/ Public- Safety/TrafficViolations- Accidents- DUIs/csry -gf2j ' See,e.g., http://www.csmonitor.com/ USA / Latest - News - Wires / 2013 /l l23/ Pot - smokers - arrested - for - DUI -A- record- high -in- Washington 240 SHARING AT THE PRESS OF A BUTTON — SPLITTING WITH FRIENDS Uber takes the hassle out of the ride experience by taking the cash out of the equation. Riders can get in and out of their ride without ever reaching into their pocket. Drivers are safer, knowing that they never have to worry about a fare jumper or carrying too much cash on them. Sharing your fare with friends is the natural evolution. With the Uber App, we make it easy to split your fare with friends. No need to worry about dividing the bill or who got the tab. In 3 To split a fare, you... 1. Request a ride 2. Tap the "up arrow" icon next to your driver's info 3. Select "Split Fare" 4. Choose your friends 5. Tap "Send" 241 Your friend(s)... 1. Tap the link in the text message from Uber 2. Your friends who don't have an Uber account will be prompted to download the app and sign up 3. Your Uber -savvy friends will be taken directly to the Uber app 4. Your friends will confirm they want to split your fare 5. Tap the link in the text message from Uber ON YOUR WAY? SHARE YOUR ETA Saying "I'm on my way," has never been easier, with the Uber app feature that lets you update friends and family on exactly how long you'll be. Here's how it works: Once your driver is on the way, you can choose to share your ETA in real -time with a few simple steps. 1. Choose "SHARE MY ETA" in the menu next to your driver's name 2. Enter a destination 3. Select the people you'd like to share with Now, each of the people you've contacted will receive a text with your ETA and a live map that shows exactly when you'll get to your destination! From our experience, we know just how handy this can be: • your co- worker will know that you'll be at the meeting in a few • your friends will know how much longer they should beg the restaurant to keep your table • your mom won't panic because she'll know that you made it home No need to keep sending texts or phone calls guessing how far away you are. Leave the ETA updates to Uber. Sharing your ETA is a feature unique to the Uber platform, that helps make your travel experience more safe and seamless than ever before. 242 UBER'S IMPACT ON TAXI CRIME IN CHICAGO INTRODUCTION Unfortunately, taxis have been the venue for thousands of crimes committed in Chicago in the last decade. As of 4/2/2014, 5,295 crime incidents had occurred in a taxicab since 2001, i.e. more than a crime a day during that time.' Furthermore, OSHA recently reported that taxi drivers are more likely to be victims of a crime than professionals in any other job.' While there are many explanations for why so many crimes occur in taxicabs, one of the reasons is that neither the drivers nor the passengers in taxis have identities or transparent feedback systems like Uber's rating and account framework. When a driver on Uber receives a request from a passenger, he /she knows who the pickup is for, what the passenger's rating is, and that the passenger has provided a valid credit card to the system. A second, related explanation concerns electronic payments. A recent study by Richard Wright, Erdal Tekin, Volkan Topalli, Chandler McClellan, Timothy Dickinson and Richard Rosenfeld provides suggestive evidence that a move towards an electronic economy and away from a cash economy reduces crimes like robbery and assault.' Uber offers a transportation service that depends entirely on a cashless, electronic payment system. Therefore, we might expect that, as riders and drivers have joined the Uber network, crimes in taxicabs have been reduced. In order to study the impact of Uber's network on crime in taxis, we assembled a dataset of taxi crimes and used a simple econometric model to estimate the impact of Uber on crime in taxicabs. The results are suggestive and potentially large — the entry of Uber in Chicago appears to have significantly reduced the crime rate in taxicabs which was otherwise quite stable. Compared to the 300 days before Uber entered, the rate of taxicab - located crimes decreased by 20% in the 300 days after Uber entered. This result holds true for other windows of time, and it does not simply represent an overall downward trend or seasonality in taxicab crime for which Uber might be a proxy. Furthermore, there is no 243 corresponding bump in crimes committed in non -taxi automobiles to suggest that the crime is simply moving to other kinds of cars. Future studies need to refine to further explore this result, but, combined with the other research cited above, the crime - preventing benefit of technology cannot be discounted. DETAILS Uber used the city of Chicago's crime database to assemble a dataset of crimes that occurred in taxicabs in a 300 -day window around when Uber entered the Chicago market on 9/11/2011. Before 9/11/2011, the number of taxi crimes per day was roughly constant — a simple correlation with an intercept between the date and the number of crimes shows no statistically significant relationship between the date and the number of crimes. What happened when Uber entered the Chicago market? In order to estimate the impact Uber has had on taxi crimes, we estimate a basic regression of the form daily taxi crimes = a + b * l(Uber has entered), where 1() is an indicator function or dummy variable. This regression indicates that the entrance of Uber is associated with .2 fewer taxicab crimes per day, significant at the 95% level: Lv_Ima_c Std. Error _ value Rr ( _ (ln_erccp_) 1.354.5 0.0`49 18.21K -2c-16 # #-k .lick- - .3.2712 0.1 -058 - 2.562 3.3106 * You might wonder if there is simply a trend that we are capturing. Including a daily trend: daily taxi crimes = a + b * l(Uber has entered) + c * day number This does not change the estimate by very much (it's a little smaller, and the p -value is higher): L __: ma_c Std. Lrror t value P_- (> j t j (ln_ckcc = 1.3466439 1.186c -01 11.34 <2c -16 + aay.num 5.99?e -05 6.126c -34 0.398 0.922 J -) c*- - 2.891c -01 2.118c-31 -1.365 0.173 M Similarly, one might be concerned that the effect is seasonal, i.e. that Uber entered at a time when taxicab crime typically peaks. If we run the model on all the historical data Chicago offers (back to 2001), adding dummies for month of the year and year does not change the estimate. This estimate is also consistent as you vary the size of the data window. The coefficient varies only minimally as the window ranges from 30 days before and after Uber to the baseline 300 days around when Uber entered. Finally, as a robustness check against the possibility that Uber's entrance is merely correlated with some other change in Chicago that reduced crime, we applied the same basic model to crimes occurring in alleys and sidewalks. We have no reason to suspect that Uber's entrance in the market would have an impact on these crimes, and indeed, we do not see a statistically significant and robust effect on these types of crimes. 'For Chicago crime data, see https://data.cityofchicago.org/ Public - Safety/ Crimes - 2001 -to- present /ijzp -g8t2 2 http.-Ilwww.cnbc.com/id/101582641 3 http://www.nber.org /papers /w19996 245 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: FCM Update I had the pleasure of attending the FCM Board of Directors Meeting held in Fredericton, on September 9th to 12th. 2015. Key points: Attended Municipal Finance meeting - main priority for this year is to have a closer relationship with Federal Government to develop a new infrastructure program for all municipalities similar to the former arrangement of having all three levels of government contribute one third each and the program would be available only for municipalities. Attended Community Safety and Crime Prevention meeting- main two issues discussed that affect our city; safety of communities with the increased number of rail cars carrying chemical products. Further reports to come. Second issue; addressing the needs of citizens with mental health challenges and the role played by our Police Forces. Much work to be done on this file. Motion: That Common Council receive this FCM update for information. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 N FCMFEDERATION FEDERATION OF CANADIAN CANADIENNE DES MUNICIPALITIES MUNICIPALITES REPORT TO COUNCIL MEETING OF THE BOARD OF DIRECTORS FREDERICTON, NB SEPTEMBER 9 -12, 2015 247 FCMFEDERATION FEDERATION OF CANADIAN CANADIENNE DES MUNICIPALITIES MUNICIPALITES SUMMARY The FCM Board of Directors met in Fredericton, NB on September 9 -12 in what was the last meeting of its kind before the 2015 federal election. Board members spent four days addressing vital national issues playing out at the local level and setting advocacy priorities at Regional Caucus meetings, Standing Committee and Forum meetings, two Committee of the Whole meetings and the Board meeting. The details of those discussions are presented in the Committee reports that follow. As expected, the federal election was the predominant theme throughout the meetings. On Saturday the Board approved a two -fold Shared Priority to guide FCM's strategy for keeping municipal issues on the federal agenda in the coming year. Board members committed to ramping up election activity to ensure that local priorities are front - and - centre in the election campaign. They also committed to a post - election transition strategy to position FCM as a key partner for the next government— identifying key local priorities and ensuring that campaign promises turn into meaningful legislation. Responding to an evolving global humanitarian crisis, the Board also unanimously approved an emergency recommendation put forward by President Raymond Louie on the Syrian refugee crisis. The recommendation creates an FCM Task Force on Refugee Resettlement to coordinate the municipal response, and to share community best practices. FCM believes that municipalities are well - positioned to work with the federal government —and with our international local government partners —to help resettle Syrian refugees in Canada, while displaying the leadership that local governments are known for. FCM Report to Council - September 2015 Page 2 of 17 248 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON SOCIAL - ECONOMIC DEVELOPMENT SUMMARY OF DISCUSSION Committee Chair Councillor Bill Karsten began the meeting by introducing Vice -Chair Deputy Mayor Pam McConnell and Vice -Chair Mayor Edgar Rouleau, and welcoming new Committee members. Councillor Karsten then provided members with a brief overview of the mandate of the SED Committee and reminded members that the purpose of the September meeting is to establish the policy and advocacy priorities for the coming year. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the policy and advocacy work that has been undertaken by FCM since the last Board meeting. Members heard that FCM's government relations activities had resulted in modest progress on affordable housing in the 2015 federal budget and significant pre- election commitments from the Liberals, NDP and Green Party at FCM's Annual Conference in June. The Committee heard about other activities, including meetings with national Aboriginal organizations and consultations with municipalities on the implementation of the federal Homelessness Partnering Strategy. The Committee then turned its attention to establishing priorities for the upcoming year. Members were briefed on the Livable Hometowns section of FCM's federal election policy platform, and the need to focus on implementing these policy solutions with the new government following the election in October. The Committee received a report from Government Relations on the housing commitments that have been made by all four federal political parties in the election campaign to date. In response to the direction that the Committee provided at the March meeting, FCM staff then presented a Detailed Priorities Memo that proposed the development of urban Aboriginal policy as a Committee priority for 2015 -16. The proposal emphasized the importance of building relationships with Aboriginal organizations and developing policy in concert with what urban Aboriginal people are calling for. The Committee heard that existing advocacy work in the areas of housing and homelessness, community safety and municipal - First Nation relationship building can provide the basis for engagement with the federal government. Following the presentation, Committee members shared successful examples of relationship building in their communities. The Committee considered a resolution calling on the federal government to review and respond to the 94 Calls to Action contained in the final report of the Truth and Reconciliation Commission before the end of the year and recommended to the Board that it be adopted as a Category A — municipal issue. Members received an update from Alex Long on FCM's Municipal — First Nations Community Economic Development Initiative (CEDI) and the Municipal — First Nations Community Infrastructure Partnership Program (CIPP). The Committee heard that each program has identified six community pairings that are now working on specific economic development and service sharing projects. Staff shared that relationship - building has been key to the success of the program. CEDI will be launching the Stronger Together Toolkit for First Nations - Municipal Community Economic Development Partnerships in September, which is a valuable tool for all municipalities. FCM Report to Council — September 2015 Page 3 of 17 249 Members were also provided with an update report on the Quality of Life Reporting Systems ( QOLRS) project. Members heard that the second report in a series on Canada's aging population will be publically released in October. The report is focused on the housing needs of seniors and demonstrates that an increasing number of seniors are spending more than 30% of their income on housing. The next QOLRS report will provide a broad overview of socio- economic indicators within the QOLRS member communities related to the five themes of FCM's federal election policy platform. The next report will be the final in the QOLRS series. Going forward, FCM will evaluate different options to continue to provide timely data and analysis on social indicators. Finally, there was agreement on the importance of an FCM response to the Syrian refugee crisis. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Direct staff to develop and implement an urban Aboriginal issues work plan to build relationships and alliances with urban Aboriginal organizations; provide opportunities to share best practices and demonstrate municipal leadership on shared Aboriginal /municipal issues; and refine a policy and advocacy proposal to increase and improve the role of the federal government on urban Aboriginal issues, as the Committee - specific policy and advocacy priority for 2015 -2016. 2. Support the continued meeting of the Urban Aboriginal Working Group at Board meetings with its primary functions being: (1) to engage with urban Aboriginal organizations within members' communities; (2) to provide a venue for FCM members and municipal staff to share best practices from their communities; and (3) to provide input to staff on the development of FCM policy through updates to the SED Committee at regular Committee meetings. FCM Report to Council - September 2015 Page 4 of 17 250 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON MUNICIPAL FINANCE AND INTERGOVERNMENTAL ARRANGEMENTS SUMMARY OF DISCUSSION Committee Chair Sav Dhaliwal opened the meeting by welcoming Committee members and introducing Vice -Chair Brian Pincott. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the advocacy efforts of FCM leadership and staff since the last Board meeting in the lead up to the next Federal Election 2015. An update was provided on the FCM -DFATD Joint Working Group's (JWG) ongoing work developing new guidance materials on CETA and investment promotion for municipalities. Staff committed to sharing the JWG terms of reference and the links to both the procurement webinar and guide to the International Trade Agreement Guide to Committee members. Staff then updated the Committee on their discussions with the federal government on the Public Transit Fund's mandatory P3 component and their successful advocacy in securing one -third federal cost - sharing for projects funded through the PTF and the P3 Canada Fund. Following extensive discussion on the Committee - specific advocacy priority of updating the Municipal Fiscal Storyline and the specific actions that fall under the Committee's mandate, the Committee approved the recommended 2015 -2016 policy and advocacy priority of Refreshing the Municipal Fiscal Storyline. Committee members provided detailed feedback on the types of questions that should be included in the Municipal Fiscal Storyline. Staff will provide a detailed update on the planning for this report at the next Board meeting. The Committee considered two resolutions: one on a national pharmacare program and one on the federal endorsement of municipal decision - making. The Committee agreed that the pharmacare resolution should be referred back to staff for further research and analysis and recommended that the resolution calling for federal endorsement of municipal decision - making should be adopted by the Board. An update was provided on the implications of a recent policy change by the Canada Revenue Agency (CRA) regarding the claim periods for municipal GST /HST rebates. This issue was brought to the attention of FCM staff earlier this year by members of FCM's Tax Committee. If the CRA and Finance Canada officials do not present a solution that addresses the concerns of the Tax Committee members, the Committee will consider recommending that the FCM Board of Directors formally call upon the federal government to clarify the policy intent of the Excise Tax Act in this area. An update on this recommendation will be brought forward at a future Board meeting. The Committee also received an update on FCM's request to seek intervener status in Canada Post Corporation v. City of Hamilton. FCM's external legal counsel is in the process of preparing an application to the Ontario Court of Appeal for leave to intervene in this case, with active support from the City of Toronto and other members of the FCM Technical Committee on Telecommunications and Rights -of -Way Management. Committee members were also updated on FCM efforts to continue monitoring the implementation of Canada Post's Five -Point Action Plan. FCM Report to Council — September 2015 Page 5 of 17 251 A brief update on the Jack Layton Fellowship program was provided to the Committee. The municipal youth engagement handbook, produced by the 2014 cohort of fellows, was released in March 2015. The 2015 cohort of fellows participated in FCM's pre - election readiness activities, as well as the youth component of the upcoming annual conference in June. STANDING COMMITTEE RECOMMENDATIONS Recommendation for adoption: 1. Direct staff to update and expand the municipal fiscal storyline as the Committee - specific policy and advocacy priority for 2015 -2016. FCM Report to Council — September 2015 Page 6 of 17 252 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON ENVIRONMENTAL ISSUES AND SUSTAINABLE DEVELOPMENT SUMMARY OF DISCUSSION Committee Chair Pauline Quinlan opened the meeting by introducing the Vice - Chairs, Paul Pirri and Scott Peace, and welcoming new and returning members. Chair Quinlan provided members with a brief overview of the mandate of the EISD Committee and reminded members that the purpose of the September meeting is to establish the policy and advocacy priorities for the coming year. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the policy and advocacy work that has been undertaken by FCM since the last Board meeting in the lead up to Federal Election 2015. In an update from FCM Senior Government Relations Advisor Adam Thompson, members heard that FCM successfully negotiated a commitment to a permanent, $1 billion /year Public Transit Fund in Budget 2015, which will have positive GHG reduction benefits. The Committee also heard that FCM engaged with Transport Canada and Natural Resources Canada to represent municipal interests in their climate change adaptation work; participated in the Summit of the Territories in the lead up to the COP21 climate change conference in Paris; raised concerns with the National Energy Board about municipal participation in NEB hearings; and continued to pursue dedicated cost - shared resources for federal wastewater regulation implementation through the 2015 federal budget advocacy efforts. Members also heard about FCM's efforts in engaging each of the federal parties on FCM's environment priorities and staff highlighted the commitments made by each party in the campaign to date. The Committee then turned its attention to establishing priorities for the upcoming year. Members discussed FCM shared priorities as they pertain to the EISD Committee and the policy solutions for Environmentally Sustainable Cities and Communities included in FCM's federal election policy platform. There was strong agreement about the need to focus on implementing these policy solutions with the next government following the election in October. The Committee considered and approved the proposal for 2015 -16 Committee - specific priorities to a) refine FCM's position on integrating climate change resilience into asset management and b) engage with the federal government -led initiative to assess flood risk, update floodplain maps and develop private residential flood insurance. Members discussed the value and importance of investments in climate resilient infrastructure for new as well as existing infrastructure and emphasized the need for FCM to continue to consider the unique circumstances of smaller and rural communities — particularly recognizing rural challenges regarding fiscal and human resource capacity. Members provided staff with a number of key considerations for FCM's work in developing policies and strategies regarding federal floodplain initiatives such as the need to understand the economic benefits, risks and impacts of floodplain mapping on our cities, communities and Canadians overall. The Committee then considered five resolutions and made recommendations to the Board. The Committee received a report from the GMF Chair on its positive economic and environmental impacts, as articulated in the 2014 -2015 Annual Report. Of the projects completed to date, the impacts include the treatment of 159 million cubic meters of wastewater per year, the reduction of GHG emissions by 371 thousand tonnes per year and FCM Report to Council - September 2015 Page 7 of 17 253 the diversion of 151 thousand tonnes of waste from landfill per year. These impacts are key to how GMF is building the capacity of the municipal sector, as a whole, to be more sustainable. Finally, the Committee received an updated report and the National Zero Waste Council. STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Direct staff to address the federal role in supporting municipal resilience to the impacts of climate change by: a) developing a refined proposal for integrating climate change resilience into infrastructure investments through asset management capacity building, including for strategies for natural assets, and b) researching the implications for municipalities and developing FCM's approach to the federal government -led initiative to assess flood risk, renew floodplain maps and facilitate the development of private residential flood insurance in Canada as the Committee - specific policy and advocacy priorities for 2015 -2016. 2. Direct staff to coordinate a presentation by the National Energy Board leadership to the Standing Committee on Environmental Issues and Sustainable Development at the next possible opportunity. FCM Report to Council - September 2015 Page 8 of 17 254 REPORT OF THE MEETING OF THE RURAL FORUM SUMMARY OF DISCUSSION The meeting began with roundtable introductions and the election of the Chair and Vice - Chairs for the coming year. Ray Orb was acclaimed as Chair, and Scott Pearce and Al Kemmere were elected as Vice - Chairs. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the advocacy efforts of FCM leadership and staff since the last Board meeting, and in the lead up to the next federal election, including the launch of FCM's Action Plan for a Strong Rural Canada. Staff updated the Forum on the Connecting Canadians program and FCM's participation in the CRTC's Review of Basic Telecommunications Services. An update was also provided on FCM's work on disaster mitigation and FCM's ongoing advocacy on rail safety issues, including the Emergency Response Task Force, the Grade Crossing Regulations and Grade Crossing Improvement Program, and operational restrictions for key dangerous goods trains. Following extensive discussion on the shared advocacy priority of implementing the Roadmap and the specific actions that fall under the Forum's mandate, the Forum approved the recommended 2015 -2016 policy and advocacy priority of Raising Awareness of Rural Local Government Issues. Forum members agreed that FCM should explore a range of options to implement the Forum - specific priority, including an analysis of the merits of organizing a national conference on rural issues in 2017. The Forum considered two resolutions: one on priority phone service restoration and one on rural post office closures. The Forum agreed with the staff recommendation to adopt the resolution on priority service restoration. The rural post office closure resolution has been deferred back to staff for further research and analysis. Green Municipal Fund (GMF) Chair Ben Henderson then provided an update on GMF's work in small cities and rural communities. Forum members also adopted a motion to study federal programs that reflect the sustainability of communities of around 10,000 people. Staff was directed to report back on their study at the next Forum meeting. RECOMMENDATIONS Recommendations for adoption: 1. Direct staff to proceed with the planning of activities to raise awareness of federal - municipal issues relevant to rural local governments, possibly including a national conference on rural issues in 2017, as the Forum - specific policy and advocacy priority for 2015 -2016. 2. Small, rural and urban communities of 10,000 or so be studied for programs and functions that reflect their sustainability, in conjunction with the Rural Forum and FCM administration, and that this information be brought to the next meeting. FCM Report to Council — September 2015 Page 9 of 17 255 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON COMMUNITY SAFETY AND CRIME PREVENTION SUMMARY OF DISCUSSION Randy Goulden, Committee Chair and councillor with the City of Yorkton, welcomed Board members to Fredericton, including Vice -Chair Roger Doiron, Mayor of la Ville de Richibucto. The Chair also extended regrets on behalf of Vice -Chair Marie -Eve Brunet, councillor from the Ville de Montreal. Following roundtable introductions, Committee members approved the agenda and adopted the March 2015 Report to Board as presented. The Chair then invited staff to present an update on committee activities and the action items status report, as well as a survey of the government relations outreach conducted since the last meeting. The presentation provided recent developments and ongoing items related to the economics of policing and community safety, as well as emergency management. In regards to an update item on the issue of federal support for mental health and the law, one member suggested that a report commissioned by the City of Toronto on the topic be shared with the Committee. Staff agreed to distribute the document to members ahead of the November 2015 meeting. Discussion followed on the 2015 -2016 FCM shared advocacy priority of implementing the Roadmap and the specific actions that fall under the Committee's mandate. Staff reminded members of the Committee - specific solution statements included in the platform, such as the need for investments in local policing, increased federal collaboration on mental health, proven crime prevention and early intervention policing models, the reinstatement of federal emergency preparedness and response programs, and interoperability. An overview of progress, as reflected by commitments included in each of the parties' election platforms, was also presented. Staff then proposed a recommendation that the Committee adopt emergency management as its specific priority for the upcoming year. Three specific sub - priorities were presented to advance this: consultations to inform a detailed proposal making the case for a new federal emergency preparedness program, including options for both program design and costing; information gathering to evaluate the cost and scope of expanding the National Disaster Mitigation Program (NDMP) to additional disaster risks beyond the current focus on riverine flooding; consultations to inform a position on how best to improve the Disaster Financial Assistance Arrangements (DFAA) program eligibility guidelines in anticipation of a review by Public Safety Canada. Following extensive debate on the three sub - priorities, the Committee approved the recommended 2015 -2016 policy and advocacy priority of emergency management. The Committee considered three resolutions. The first, on requirements for sprinkler systems in multi - family wood -frame dwellings, was recognized by the Committee as falling outside of municipal jurisdiction and adopted as Category B. Members agreed that the second resolution, on mass casualty emergency preparedness in seismic zones, was in FCM Report to Council - September 2015 Page 10 of 17 256 concordance with existing FCM policy and classified as Category A — concurrence. The resolved clauses of the final resolution, on enforcement of the Westray Act, were considered individually by the Committee. Members concurred with staff recommendations that the first two clauses be classified as Category B, and the last two clauses be classified as Category A — concurrence. All resolutions were added to the Board consent agenda for final adoption. Finally, staff made a brief presentation on recent developments on emergency management, which provided an overview of FCM's role on the Government of Canada's Disaster Risk Reduction Platform, rail and marine emergency response. STANDING COMMITTEE RECOMMENDATIONS Recommendation for adoption: 1. Direct staff to develop a comprehensive proposal on the federal government's role in emergency management — including refined proposals on a new federal emergency preparedness program, an expanded National Disaster Mitigation Program and the roll- out of the Public Safety Broadband Network — as the Committee - specific policy and advocacy priority for 2015 -2016. FCM Report to Council - September 2015 Page 11 of 17 257 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON MUNICIPAL INFRASTRUCTURE AND TRANSPORTATION POLICY SUMMARY OF DISCUSSION Committee Chair Jenelle Saskiw opened the meeting by welcoming Committee members and introducing Vice - Chairs Bob Long and David Price. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the advocacy efforts of FCM leadership and staff since the last Board meeting, in the lead up to the next federal election. Staff updated the Committee on their discussions with the federal government on the program design and eligibility criteria of the Public Transit Fund and with federal parties on their public transit commitments, as well as the status of the New Building Canada Fund. An update was also provided on FCM's ongoing advocacy on rail safety issues, including the federal government's Safe and Accountable Rail Act, the Emergency Response Task Force, the Grade Crossing Regulations and Grade Crossing Improvement Program, and operational restrictions for key dangerous goods trains. Following an update on the shared advocacy priority of implementing the Roadmap and the specific actions that fall under the Committee's mandate and an extensive discussion on the Committee - specific priority related to asset management, the Committee approved the recommended 2015 -2016 policy and advocacy priorities of 1) Implementing the FCM Election Roadmap, and 2) Asset Management Capacity Building. The Committee agreed that the majority of staff resources should be focused on the shared priority of Implementing the FCM Election Roadmap, given the importance of ensuring that the federal parties' election commitments result in well- designed infrastructure programs. The Committee considered two resolutions: one on discouraging Port Metro Vancouver from expanding on agricultural lands and one on equal standards for federal and provincial building codes. Committee members recommended to defer the Port Metro Vancouver resolution back to staff for further analysis and to propose amendments to the sponsoring municipality that would apply to all port authorities and neighbouring municipalities. The Committee recommended that the resolution on building codes be classified as Category B. A progress update was also provided on the 2015 Canadian Infrastructure Report Card STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Direct staff to work with the provincial - territorial municipal associations to develop a refined position on what the federal government's role could be in asset management capacity building as the Committee - specific policy and advocacy priority for 2015 -2016. FCM Report to Council — September 2015 Page 12 of 17 258 REPORT OF THE MEETING OF THE NORTHERN AND REMOTE FORUM SUMMARY OF DISCUSSION Forum Vice -Chair Mayor Wayne Potoroka opened the meeting by expressing regrets from Chair Mayor Charles Furlong and Vice -Chair Mayor Jeannie Ehalaok, who were not able to attend. Vice -Chair Potoroka then introduced FCM staff attending the meeting and invited Forum members to introduce themselves. Following introductions, the Forum adopted the agenda and approved the report from the March 2015 Forum meeting. Following approval of the agenda and the report of the March 2015 meeting, members were updated on the advocacy efforts of FCM leadership and staff since the last Board meeting, in the lead up to the 2015 federal election. Members were briefed on FCM's submission to the CRTC Review of Basic Telecommunications Services and on ongoing work to represent northern and remote perspectives to the federal government on the Connecting Canadians program. Members also heard about FCM's ongoing housing advocacy work in the lead -up to Budget 2015, and with each of the federal political parties. The Forum reviewed the solutions contained in FCM's federal election policy platform that related to northern and remote priorities, including affordable housing, emergency response and cost of living in the North. The Forum then approved the recommended 2015 -2016 policy and advocacy priorities of 1) Implementing the FCM Election Roadmap, 2) Connectivity and Broadband and 3) Integrating Northern and Remote Perspectives in Climate Change Resilience, Asset Management and the National Disaster Mitigation Program. Forum members recommended that issues relevant to northern and remote communities should be integrated into the policy and advocacy priorities of FCM's Standing Committees. Staff from the Association of Yukon Communities then provided an update on the association's ongoing work. Members also updated the Forum on emerging economic challenges in their communities and the impact of new provincial and federal policy in their municipalities. RECOMMENDATIONS Recommendation for adoption: 1. Direct staff to: a) advocate for northern and remote broadband priorities in the continued roll -out of the Connecting Canadians program and that those same priorities be the focus of FCM's continued engagement in the CRTC consultations on basic broadband service, and b) ensure that the perspectives of the Northern and Remote Forum are integrated with those of FCM's Standing Committees on Environmental Issues and Sustainable Development (EISD), Municipal Infrastructure Transportation (MIT), and Community Safety and Crime Prevention (CSCP) on the shared priorities of climate change resilience, asset management and the National Disaster Mitigation Program, as the Forum - specific policy and advocacy priorities for 2015 -2016. FCM Report to Council — September 2015 Page 13 of 17 259 REPORT OF THE MEETING OF THE STANDING COMMITTEE ON INCREASING WOMEN'S PARTICIPATION IN MUNICIPAL GOVERNMENT SUMMARY OF DISCUSSION Committee Chair Chris Fonseca, Regional Councillor, Region of Peel, ON, welcomed Committee members, observers and staff to the meeting. She thanked returning Committee members for their contribution to the Committee's mandate and made special mention of past Committee Chairs Pam McConnell and Sylvie Goneau for their leadership and significant contribution toward the Committee's goals and objectives. Following approval of the agenda and the report from the March 2015 Board meeting, Councillor Fonseca provided an overview of the committee's achievements during 2014 -15. This included securing funding from Status of Women Canada (SWC) for a new program — the Diverse Voices for Change Initiative — to be launched in September 2015, as well as the continued increase in the activities of the Regional Champions network, and the continued success of the Committee's awards and scholarships. Following a presentation of the shared and Committee - specific priorities by Councillor Fonseca, Committee Vice -Chair Irene Dawson and Councillor Pam McConnell, the Committee discussed the 2015 -2016 Committee - specific priorities, as well as the shared priority as it relates to the Committee's mandate. The Committee approved the following as its priorities for 2015 -2016: 1. Diverse Voices for Change program delivery and promotion 2. Regional Champions 3. Scholarships and Awards 4. International Women's Day 5. International partnerships on gender - related programs The shared priority was also approved. Next, Committee members discussed increasing the number and value of the Canadian Women in Municipal Government Scholarship for secondary school students and the Mayor Andree P. Boucher Memorial Scholarship for a post- secondary student. The allocation of additional funds for promotional activities and establishing parameters for fundraising by the regional caucus in the province /region in which the annual conference will take place was also discussed. Scholarships sub - committee chair Lorrie Williams provided an overview of the role of the sub - committee in selecting the winners, and encouraged Committee members from each region to join the sub - committee. Following direction from the Committee, staff will explore ways to showcase the essays of the scholarship winners, and send criteria for the naming of the new scholarship to the Committee in advance of the March Board meeting. FCM Report to Council — September 2015 Page 14 of 17 260 STANDING COMMITTEE RECOMMENDATIONS Recommendations for adoption: 1. Approve the Committee - specific priorities and shared FCM priority for 2015 -2016. 2. Approve increasing the five secondary school awards currently offered from $500 to $1000 starting this year. 3. Approve increasing the Andree P. Boucher scholarship from $3,000 to $4,500 starting this year, and the addition of a second scholarship for the same amount; totaling $9,000. 4. Allocate $4,000 per year from the scholarship fund for promotional activities. 5. Approve the following parameters for fundraising by the regional caucus in the province /region in which the annual conference will take place: • Fundraising activities have a suggested target of $3,000; • The activities should bring attention to and highlight the issue of women's leadership in municipal government (e.g. buttons sold by the Ontario Caucus at the Niagara Falls conference); • Fundraising activities undertaken in advance of the conference should be reviewed with staff to ensure they comply with FCM's sponsorship policy. Recommendations for referral to staff. 1. Explore other activities complementary to the committee's objectives that the funds raised by the regional caucus could support, and report back to the Committee at the March 2016 Board meeting. 2. Develop an approach to measure the longer -term impact of the scholarships, for discussion at the March 2016 Board meeting. FCM Report to Council - September 2015 Page 15 of 17 261 REPORT THE MEETING OF THE STANDING COMMITTEE ON INTERNATIONAL RELATIONS SUMMARY OF DISCUSSION Chair Roger Anderson welcomed Committee members and introduced the vice - chairs of the Committee. The members approved the agenda and the minutes from the March 2015 Board of Directors' meeting in Burnaby. The Chair and FCMI Senior Director, Sebastien Hamel, provided a brief update on the work plan of FCM's International Relations Framework 2015 -2016. In 2015, FCM will focus on its engagement in international municipal networks, including the promotion of local governments in multilateral agreements, advancing development cooperation through its programs, fostering its understanding in trade and development, and supporting the engagement of Canadian municipalities and experts in its programs. Director Rhona Martin highlighted the Terms of Reference, which were circulated to members. This was followed by a presentation of the Governance Representative Terms of Reference and the announcement of the 2015 -2016 appointments. The Municipal Partners for Economic Development (MPED) Governance Representatives (Councillor Sylvie Goneau, Councillor Garth Frizzell and Councillor Marvin Plett) will remain in their positions until the end of the MPED program in November 2015. The Chair announced the following Governance Representative appointments: Councillor Brian Pincott for the Programme de Cooperation Municipale en Haiti - PCM -2; Chair Roger Anderson for the Partnership for Local Economic Development and Democratic Governance — PLEDDG; Councillor Michael Thompson for the Caribbean Local Economic Development program — CARILED; and Councillor Garth Frizzell for the Sustainable and Inclusive Communities in Latin America program - CISAL. Calls for expression of interest to apply as Governance Representatives will be shared with members of the Committee and Table Officers as new programs become active. The Committee received updates on the programs from the Governance Representatives and /or designate. The presentations delivered by Councillor Brian Pincott (PCM- Haiti), Councillor Harold Usher (CARILED), and Chair Roger Anderson (PLEDDG) focused on the achievements this year and activities in the upcoming months. Since 2010, Canadian municipalities have been involved in partnerships with overseas municipalities through the MPED program. With the closing of MPED in November, Councillor Marvin Plett and Councillor Sylvie Goneau presented the results achieved throughout the program. The Chair provided an update on business development initiatives. FCM is looking to continue to build its portfolio of programs in the areas of economic prosperity, democratic governance, and disaster management. The Committee discussed the Syrian refugee crisis and heard examples of local government responses to the crisis from FCM's counterparts in Europe. FCM President Raymond Louie emphasized the importance of showing support to receive refugees as well as disseminating relevant information to members on agencies already in place to support refugees in Canada. FCM's President provided Committee members with an overview of the Conference of Parties (COP21) climate change negotiations in Paris, France in December 2015. The goal of the negotiations is to achieve a legally binding and universal agreement on climate, with the aim of keeping global warming below 2 degrees. To date, FCM has participated in sub - national meetings to ensure local governments are included in international statements to be presented in Paris. FCM has also established a staff working group to monitor the FCM Report to Council — September 2015 Page 16 of 17 262 developments and engage with FCM members and the Government of Canada in the lead up to COP21. A delegation from FCM, led by the FCM President, will participate in COP21 to represent Canadian municipalities and showcase its climate change programs, such as the Partners for Climate Protection and the Green Municipal Fund. In September, during its General Assembly, the United Nations will hold a summit to adopt the Sustainable Development Goals (SDGs), which is a universal agenda to guide development from 2015 -2030 and will replace the Millennium Development Goals. Local governments have been actively involved in the development of the SDGs and have called for the inclusion of a goal on urban settlements and the localization of the targets and indicators. The Chair presented a declaration outlining FCM's response to the SDGs, which will be shared with the Government of Canada and others during the Summit. In celebration of the closing of the MPED program, FCM's First Vice - President Clark Sommerville presented four Canadian partners— Truro, NS, Fredericton, NB, Corner Brook, NL and the Municipalities of Newfoundland and Labrador —with gifts in honour of their commitment to FCM's international programming. These members helped local governments and the local government association in Bolivia improve local governance and economic policy development in the country. STANDING COMMITTEE RECOMMENDATION: Recommendations for adoption: It is recommended that this report be received. FCM Report to Council — September 2015 Page 17 of 17 263 �-- J REPORT TO COMMON COUNCIL M &C 2015 -197 September 22, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Common Council: SUBJECT: 2015 Priority Setting — Progress, Objectives and Next Steps The City of Saint John On September 8, 2015, Common Council participated in a priority setting session. The objectives of the sessions were as follows. + Reflect on the accomplishments and progress achieved in relation to Council's Priorities established in 2012 • Collaborative approach to determining what projects and service initiatives to undertake during the remainder of Council's term (in alignment with Council's Priorities) • Input for the City Manager in setting guidelines for 2016 service -based budget preparation The following report consolidates Council's discussion from the priority setting session. It presents the priorities that Council has committed to maintaining momentum on and those where there is a desire to advance progress during the remainder of the term. Potential next steps over the next four to eight months have been identified to ensure focus and a manageable approach to successfully advance progress on these priorities. Accomplishments and Progress Council completed a self- evaluation of their progress toward achieving their priorities. A collective reflection on progress was intended to help Council 'identify the areas they would like to focus on over the next eight months. Progress on Council's Priorities was indicated using a traffic light approach, a common methodology for reporting on progress. The following is the guide that Council used to assess progress. • Green indicates the priority has been completed and/or there is a plan in place (with resources allocated) and is on target to achieve planned deliverables • Yellow indicates the priority has had some work completed (planning, small initiatives); some additional focus or resources may be required to advance the priority • Red indicates the priority has had limited or uncoordinated actions; significant focus or resources may be required to advance the priority 264 M &C 2015 -197: 2015 Priority Setting —Progress, Objectives and Next Steps Page 2 During the session there was considerable alignment among Members of Council on progress. Council's self- assessment on progress toward achieving their priorities is presented in Table 1. Table 1: Self - evaluation of progress on Council's Priorities (September 8, 2015) Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ j Deliver an integrated approach to economic development Cooperate with neighbouring municipalities to advance the economic prosperity of the region through the True Growth 2.0 initiative Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position iImplement an affordable and sustainable plan to address pension issues Priority Focus Areas Implement policies that create a livable community, one that has vibrant neighbourhoods and provides diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment . Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage Work with community partners to develop and maintain a new signature multi- purpose recreation facility and strategic neighbourhood projects that support PlanSJ Improve the 'face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods Build a more robust transit system that is aligned with the principles of PlanSJ . Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ Execute an equitable city -wide strategic road improvement plan that supports PlanSJ Implement a city -wide strategic recreation plan that 'right - sizes' the delivery of quality recreation programs and facilities for our diverse population Secure funding for projects to deliver quality drinking water to our citizens On a number of priorities that were determined to be on track (green listed below), Council expressed a need to continue to focus on these areas. Investment in these priorities would align with plans and resources currently in place to advance them. Other areas that Council generally noted for consideration included a continued focus on PIanSJ, LivingSJ, P1aySJ (e.g., Passport to Parks), implementation of all planned stages of Rockwood Park, and policies related to arts. Continue to Focus • Implement an affordable and sustainable plan to address pension issues • Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage • Work with community partners to develop and maintain a new signature multi- purpose recreation facility and strategic neighbourhood projects that support PlanSJ • Improve the `face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods • Secure funding for projects to deliver quality drinking water to our citizens 265 M &C 2015 -197: 2015 Priority Setting — Progress, Objectives and Next Steps Page 3 Council's priorities for the remainder of the term were determined from the areas that they collectively felt needed more focus (yellow and red). Through a prioritization exercise, Council was able to agree to four focus areas. In some cases, priorities were combined given that actions taken over the next several months would advance each priority. For each focus area (presented below), objectives and actions have been identified. Achievability given timelines and resourcing requirements was the primary consideration in developing these next steps. Priority: Economic Health — Service Delivery that Promotes Development Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ. Objectives and Actions • Implement service improvement recommendations resulting from the One -Stop Development Shop initiative incorporating performance management tools that support continuous improvement and demonstrate the impact on economic development in the community. o November 2015 (Lead: Growth & Community Development Services) — Deliver a milestone report to Council on One -Stop Development Shop progress and planned service improvements for 2016 including potential ideas to advance the plan and address performance management requirements. o Fall 2015 to Spring 2016 (Lead: Growth & Community Development Services) — Implement service improvements as per Council's direction. • Implement a development incentive program (phased approach) that advances the goals of P1anSJ and ensures the best return on investment. o November 2015 (Lead: Growth & Community Development Services) —Report on results, including return on investment, related to the implementation of approved 2015 incentive programs (i.e., Heritage Conservation Grant Increase and Commercial Fagade Improvement). o Fall 2015 (Lead: Common Council) — Provide adequate funding and support to implement new incentive programs in 2016 (i.e., Upper Floors Redevelopment, Housing Rehabilitation, Housing Infill), as per Council's direction. Align by -law enforcement priorities and resources to support the cost- effective delivery of related services. o Fall 2015 (Lead: Growth & Community Development Services) — Evaluate by -law enforcement service levels, resource requirements, and community impact related to economic development (i.e., by -laws out of scope of One -Stop Development Shop - examples may include heritage by -law, signage by -law, right -of -way encroachments) as part of the 2016 service -based budget process. 266 M &C 2015 -197: 2015 Priority Setting — Progress, Objectives and Next Steps Page 4 Priority: Economic Health — Integrated Approach to Economic Development Deliver an integrated approach to economic development. Objectives and Actions • Develop an approach to more effectively coordinate the City's funded economic development activities through strategic engagement with service providers and a shared focus on governance, accountability and communication issues. • October 2015 (Lead: Strategic Services) — Engage economic development agencies that receive funding from the City and key stakeholders in an effort to improve accountability and ensure that the community receives optimal benefits from the City's investment in the delivery of primary economic development services. The engagement process and associated analysis will build off the Conrad Report and other previous economic development studies with a focus on the following areas: mandates, service agreements (including key performance indicators), information and data sharing, opportunities for co- location and enhanced cooperation. (including marketing and communications- related functions), and agency governance. • October 2015 (Lead: Strategic Services) — Review the City's (both Council and staff) internal interaction and responsibilities with respect to the economic development function, and assess opportunities for more streamlined communications, decision - making and overall governance. • November 2015 (Lead: City Manager) — Prepare recommendations to more effectively coordinate and integrate the City's economic development activities for Council_. The recommendations will be used as an input into the 2016 service -based budgeting process. • Commencing early 2016 (Lead: City Manager) — Implement recommendations as per Council's direction, consideration of legislative requirements, and the City's 2016 operating budget. • Implement a reporting system that provides regular updates on the progress made in advancing True Growth 2.0 including key activities, growth objectives and the resulting benefits and impacts (in measureable terms) that this initiative is having in the community. Updates will provide an opportunity for Council to provide direct feedback on the future direction and focus of True Growth 2.0. o Commencing Fall 2015 — (Lead: Enterprise Saint John, with support from the City's funded economic development agencies and the True Growth Network) — Schedule quarterly True Growth 2.0 progress updates for Council, commencing with a previously scheduled presentation on September 28, 2015 (same date as this Council Report). Priority: Economic Health — Financial Sustainability of the City Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position. Objectives and Actions • Implement expenditure control and revenue generating measures for the 2015 Operating Period to address a projected budget shortfall. o September 2015 (Lead.• Finance & Administrative Services) — Evaluate measures to mitigate a projected shortfall, including an analysis of potential cost reductions and 267 M &C 2015 -197: 2015 Priority Setting — Progress, Objectives and Next Steps Page 5 revenue generation options identifying related service impacts and potential risks related to implementation (e.g., severe weather in Fall 2015). Refer to the Appendix for proposed measures.. o Fall 2015 (Lead • City Manager and Senior Leadership Team) — Implement measures to mitigate a projected shortfall as per Council's direction and communicate to the public what they can expect in terms of service delivery impact. • Introduce a corporate continuous improvement program to ensure the cost- effective delivery of service that addresses the evolving needs and interests of the community. o Fall 2015 (Lead: Strategic Services) — Develop a corporate approach to continuous improvement including identification of resource requirements through engagement of the Senior Leadership Team and service areas (examples of types of improvement initiatives include investment in energy management, implementing a brine system to decease salt consumption, or streamlining processes). o Early 2016 (Lead: Strategic Services and Senior Leadership Team) — Determine corporate objectives and targets for continuous improvement (e.g., cost- savings, service improvement). o Commencing early 2016 (Lead: Strategic Services with support from all service areas) — Implement a corporate continuous improvement program with a focus on cross- functional collaboration. • Develop an integrated approach to long -term financial planning and asset management that supports the financial sustainability of the City. o Fall 2015 (Lead: Finance & Administrative Services) Propose a Long -Term Financial Planning and Asset Management Program and related resources as part of the 2016 service -based budget process. o Commencing 2016 (Lead: Finance & Administrative Services with support from all service areas) — Implement the proposed program as per Council's direction. Priority: Sustainable Infrastructure — Asset Management Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of P1anSJ and PIaySJ. Objectives and Actions • Develop specific targets for implementing recommendations in P1aySJ to right -size recreation assets to improve the quality of selected facilities and reduce costs using a community development model that appropriately engages stakeholders in the decision - making process and improves communication. o October 2015 (Lead: Transportation & Environment Services) — Prepare a plan to advance the implementation of PIaySJ as it relates to right - sizing recreation assets including a report on progress to date, identification of assets to address and timing (or process to identify assets), and requirements for community engagement and communication. o Fall 2015 to Spring 2016 (Lead: Transportation & Environment Services) — Implement plan as per Council's direction. IM M &C 2015 -197: 2015 Priority Setting — Progress, Objectives and Next Steps Page 6 • Explore opportunities for regional cooperation and investment related to community assets as it aligns with PlanSJ and PlaySJ. o Fall 2015 to Spring 2016 (Lead.- Common Council) — Consider regional cooperation and investment on any future opportunities related to conununity assets that arise as per Council's direction. Recommendations It is recommended that Common Council: 1. Continue to focus on the areas that Council determined to be on track (green); 2. Endorse the four priority areas that will guide decision - making during the remainder of Council's term; and 3. Direct the City Manager to implement the actions presented to advance the four priority areas and provide progress updates, as scheduled or appropriate. Respectfully submitted, Stephanie Rackley- Roach, P.Eng., PMP, MScEng Manager, Corporate Planning Neil Jacobsen, MBA Commissioner, Strategic Services - L_ Jef Trail Manager 269 Qb `i 1 Am i ir m I L. 3 . Council Priorities 2015 Priority Setting: Progress, Objectives and Next Steps September 28, 2015 SAINT JOHN 270 • Reflect on the accomplishments and progress achieved in relation to Council's Priorities established in 2012 • Collaborative approach to determining what projects and service initiatives to undertake during the remainder of Council's term (in alignment with Council's Priorities) • Input for the City Manager in setting guidelines for 2016 service -based budget preparation 2015 Priority Setting 271 lr-_ SAINT JOHN r P � � Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PlanSJ Deliver an integrated approach to economic development Cooperate with neighbouring municipalities to advance the economic prosperity of the region through the True Growth 2.0 initiative Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position Implement an affordable and sustainable plan to address pension issues Implement policies that create a livable community, one that has vibrant neighbourhoods and provides diverse and accessible opportunities to engage in arts, culture and recreation in a safe and caring environment Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage Work with community partners to develop and maintain a new signature multi - purpose recreation facility and strategic neighbourhood projects that support PlanSJ Improve the 'face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods Build a more robust transit system that is aligned )i� the principles of PlanSJ Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ Execute an equitable city -wide strategic road improvement plan that supports PlanSJ Implement a city -wide strategic recreation plan that 'right- sizes' the delivery of quality recreation programs and facilities for our diverse population Secure funding for projects to deliver quality drinking water to our citizens • Implement an affordable and sustainable plan to address pension issues • Continue to invest in key community recreation facilities such as Rockwood Park and Harbour Passage • Work with community partners to develop and maintain a new signature multi - purpose recreation facility and strategic neighbourhood projects that support PlanSJ • Improve the 'face' of our City by increasing investment in our roadways and sidewalks that connect our neighbourhoods • Secure funding for projects to deliver quality drinking water to our citizens 2015 Priority Setting 273 SAINT JOHN Economic Health: Service Delivery that Promotes Development Economic Health: Integrated Approach to Economic Development Economic Health: Financial Sustainability of the City Sustainable Infrastructure Asset Management 2015 Priority Setting 274 P) ( - - SAINT JOHN Implement clear and consistent internal processes to facilitate investment and development in Saint John while maintaining City standards that align with PIanSJ Implement service improvement recommendations resulting from the One -Stop Development Shop Implement a development incentive program (phased approach) that advances the goals of PlanSJ Align by -law enforcement priorities and resources to support the cost - effective delivery of related services 2015 Priority Setting Nov 2015: Present milestone report 2016: Continue to implement Nov 2015: Report results (ROI) 2016: Continue to implement Fall 2015: Evaluate as part of 2016 service -based budget 275 SAINT JOHN Deliver an integrated approach to economic development Develop an approach to coordinate economic development activities through engagement with service providers Implement a reporting system that provides regular updates on the progress made in advancing True Growth 2.0 Oct 2015: Engage stakeholders Oct 2015: Review City's role Nov 2015: Prepare Recommendations 2016: Implement Fall 2015: Schedule updates 2015 Priority Setting 276 SAINT JOHN Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position Implement expenditure control and revenue generating measures for the 2015 Operating Period Introduce a corporate continuous improvement program to ensure the cost - effective delivery of service Develop an integrated approach to long- term financial planning and asset management Sep 2015: Evaluate measures Fall 2015: Implement measures Fall 2015: Develop Cl program Winter 2016: Set objectives / targets Early 2016: Implement program Fall 2015: Propose program 2016: Implement program 2015 Priority Setting 277 SAINT JOHN Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ and P I aySJ Develop specific targets for implementing recommendations in PIaySJ to right -size recreation assets Oct 2015: Progress report / plan 2015 -2016: Implement Explore opportunities for regional 2015 -2016: Consider as appropriate cooperation and investment related to community assets as it aligns with PIanSJ and PIaySJ 2015 Priority Setting 278 lr-_ SAINT JOHN • Continue to focus on the areas that Council determined to be on track (green); • Endorse the four priority areas that will guide decision - making during the remainder of Council's term; and • Direct the City Manager to implement the actions presented to advance the four priority areas and provide progress updates, as scheduled or appropriate. 2015 Priority Setting 279 lr -_ SAINT JOHN Qb `i 1 Am i ir m I L. 3 . Council Priorities 2015 Priority Setting: Progress, Objectives and Next Steps September 281 2015 SAINT JOHN 280 REPORT TO COMMON COUNCIL M &C- 2015 -192 September 28, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Cedar Point Subdivision Infrastructure Improvements Response to Council Inquiry BACKGROUND: CC or. City of Saint John On October 20, 2014 a submission was made by Councillor McAlary through Committee of the Whole closed. The submission was made in response to the Cedar Point neighbourhood residents group expressing concerns with the existing infrastructure in their subdivision, Cedar Point Estates. The subdivision has asphalt streets, gravel shoulders, open ditches and culverts to handle local road drainage, and overhead utilities consistent with the development standards for the Serviced Suburban Residential (RSS) Zone. On July 20, 2015, Common Council directed the City Manager to have the appropriate staff perform a cost analysis to upgrade Cedarwood Drive, between Admiralty Drive and Woodward Avenue, by adding a sidewalk on one side and a curb on the opposite side and to report back to Council on the cost and recommendation for implementation. Staff and the Cedarwood residents group have met on a number of occasions in the past to understand neighbourhood concerns related to subdivision standards found in their neighbourhood, relative to other residential subdivisions in Saint John. These concerns include maintenance standards and aesthetic appeal, street lighting inconsistency, stormwater drainage, headwall replacement standards, steep ditches, and the absence of sidewalks, piped stormwater systems and underground electrical utilities. In general, this neighbourhood group has expressed a desire that the City invest in upgrading their existing subdivision infrastructure to address their concerns. The residents have also expressed an interest in seeing beautification efforts take place in their subdivision such as gateway signage at the entrance. The following explanation and options for consideration are being provided by staff in Growth & Community Development Services and Transportation and Environment Services to inform and assist Council and the community. Na M & C-2015 - 192 - 2 - September 28, 2015 HISTORY: The Serviced Suburban Residential (RSS) Zone: The Cedar Point area was zoned Serviced Suburban Residential (RSS) by Council through the adoption of a series of amendments to the Zoning By -law, starting with the first phase of Cedar Point Estates in 1986 and ending with the rezoning of the final phases of Cedar Point Anchorage in 2006. The RSS zone had been created in 1985 in order to compete with the large suburban residential lots that were being approved in neighbouring municipalities, primarily Rothesay and Quispamsis. As stated in the staff report prepared for the 1986 rezoning, the objective of the City was "to initiate the development of a new residential area, which in the long run, could achieve a reputation of a good quality, suburban -type, low density, residential area" that would "provide an alternative to those home buyers who previously saw their only option was to purchase outside of the city." Significant development incentives were provided by the City to offset the costs of water and sewer infrastructure. The RSS zone permits large, one -unit residential lots on municipal water and sewer but allows minimal subdivision infrastructure as the minimum standard. The minimum standards of the RSS zone allow: ■ storm drainage by ditches or by swales instead of an underground piped system; ■ power can be provided by front -of -lot overhead lines instead of being buried underground; and ■ roads are required to be paved but they are narrowed to rural road standards which do not require curbs or sidewalks. The Cedar Point subdivision was designed and built according to the minimum subdivision standards associated with the RSS zone, which were similar to the standards imposed by the suburban municipalities (e.g. Hastings Cove, etc.) These minimal subdivision standards essentially "leveled the playing field" to make it cost - effective for developers to develop these large, single -unit residential lots within the City, having minimum lot frontages of 100 feet and lot areas of 15,000 square feet or more (versus the typical urban standard of 50- to 70 -foot lot frontages and 5,000- to 7,000- square -foot lot areas.) However, when compared to the standards that are required for the smaller -lot single family residential subdivisions in other residential zones within the City, where curbs, sidewalks and buried utilities are usually requirements, current residents in Cedar Point have expressed concern with the aesthetic appeal and perceived quality of their subdivision. Some of the concerns brought forward by residents are a result of unauthorized alterations to city infrastructure, undertaken by some homeowners, which is having an increasing burden on city maintenance and repair efforts. To ensure clarity, these challenges and the implications are discussed next. NM M & C-2015 - 192 - 3 - September 28, 2015 Maintenance Impacts from Neighbourhood R -O -W Encroachment: Over the years, some homeowners and landscape contractors have undertaken unauthorized modifications to the public street right -of -way (R -O -W) through well - intentioned efforts to increase the aesthetic appeal of their property and overall neighbourhood. Such modifications by homeowners have included: ■ replacing the gravel shoulders with grass to the edge of the road; ■ installing various types of culverts and culvert headwalls that do not conform to the requirements or standards for effective operation; and ■ filling in open stormwater ditches, resulting in the obstruction of driveway culvert inlets and outlets that are there to facilitate proper drainage for the overall subdivision. The collective community impact from these well- intended actions by residents have placed a growing burden on city maintenance efforts and resulted in poor drainage control, erosion, concerns for pedestrian safety, and as expressed by some, a less than desirable physical appearance of the overall subdivision. As a result, city maintenance personnel are often required to perform road shoulder, asphalt surface, culvert, culvert headwall and stormwater ditch maintenance in the days, weeks and months after each major wet weather event. This diverts scarce resources from providing other services to not only this neighbourhood but other neighbourhoods across the community (see Appendix A for photos). This has significant impacts on the repair and maintenance costs associated with this subdivision. Attempting to correct deficiencies or undo modifications in the R- OW is an expensive undertaking and continues to place a growing and unnecessary burden on City resources and all taxpayers of the City. A consistent approach to managing the City R -O -W, one that provides fairness and equity for all RSS subdivision property owners, should be developed and adhered to in the future. The most effective approach is to ensure that roadway and drainage infrastructure that is designed and constructed as required is not altered by property owners without clear and fair criteria to assess such a request, and authorization from the city is granted to undertake such work. Where requests for alterations to the R -O -W will have a negative impact on the overall subdivision system, they cannot be permitted. This will ensure the approved and built system will retain its ability to function as designed and can be appropriately maintained by the city over the life of the development. The RSS Zone and ZoneSJ: Over the last number of years, some residents from this subdivision have expressed their concerns that the RSS zone subdivision standards are not what they expect as Saint John's urban subdivision standards are generally considered higher than the RSS zone standards. For context, it should be noted that the RSS zone was not intended to be an urban subdivision but, rather, it was intended to provide a suburban environment within the city. These lower -cost subdivision standards (no requirement for curbing, sidewalks, piped drainage Na M & C-2015 - 192 - 4 - September 28, 2015 system, or buried utilities) allowed developers to create the very large, suburban, semi -rural lots as a competitive and affordable product. Following the Municipal Plan (PlanSJ) direction for more emphasis on denser urban development, the new Zoning By -law (ZoneSJ) purposefully limited the application of the RSS zone going forward to only areas of the city where it generally currently existed and, consequently, this zone is not intended to be applied to any other land in Saint John. The zone remains in place to specifically permit the balance of the lands in the Cedar Point Estates and Cedar Point Anchorage subdivision and the Highlands of Drury Cove subdivision to be completed in the future, as these subdivisions have remained active over the last few years. This was done to allow these subdivisions to build -out at the same standard as the completed phases, ensuring there would not be two different subdivision standards within the same subdivision in the future. It should be noted that in both of these subdivisions there remains a substantial inventory of vacant land for future phases. As a point of clarity, the RSS zone was also applied to a third subdivision in the past, Monte Cristo Park on the west side. However, there have been no new lots created in this subdivision since approval of the first phase was granted in 1989. Therefore, the balance of the vacant land was placed in the Two -Unit Residential (R2) through the ZoneSJ exercise. Similar to most other residential zones, the R2 zone standard requires sidewalks, curbing and underground piped stormwater systems and hydro utilities. OPTIONS for the FUTURE: Cedar Point is a large, existing residential subdivision with over 200 built homes. Significant changes to the physical infrastructure found throughout any existing subdivision would result in significant costs. Given this, there are a number of options to address resident concerns, for Council's consideration at this time. Some may be made through operational changes or new by -law standards; however, others will require more discussion with property owners. Any changes with this zone would directly impact the future build -out of the Cedar Point Anchorage subdivision. The following table provides a summary of neighbourhood concerns and the potential options that could be undertaken to address them. Following this are more detailed explanations for each option: W M & C-2015 - 192 - 5 - September 28, 2015 Neighbourhood Concerns: Options to Address Neighbourhood Concerns 1 2 3 4 5 Operational Changes Excavation By-law y Amendments Zoning / Subdivision By -law Amendments Local Improvement p By -law Community Initiative Widened asphalt surface X Painted bike /walk lane X Traffic calming measures X Standardized street lights X Shoulder finish options X Headwall finish options X Ditch finish options X Rezone vacant RSS land X Eliminate the RSS zone X Amend RSS Subdivision Standards X Piped stormwater system X Underground hydro lines X Road curbing X Sidewalk installation X Gateway signage X 1. Operational Changes: There are a few concerns that residents have raised that may be able to be addressed through regularly scheduled city infrastructure maintenance and replacement efforts, as they are based on good design and engineering principles. However, prior to any potential item listed below being undertaken, each one needs to be examined through a detailed design process to determine the feasibility. Given the existing R -O -W width restrictions, not every option may be ultimately viable: Widened Asphalt Surface and Painted Bike/Walk Lane: When the roads are due for resurfacing, the city may have the ability to widen the asphalt surface, while still meeting the Rural Road specification, and delineate a section of one side for active transportation activities. Resurfacing is based on the Preventive Maintenance Program cycle (minimum three years away); Traffic Calming Measures: Implement traffic calming measures where they are consistent with the City's Traffic Calming Policy; Standardized Street Lights: The Municipal Street Lighting Design Guidelines and Standards document addresses this community -wide concern. A recently - completed warrant analysis indicates that increased street lighting is not needed in this subdivision. In this regard, it should also be noted that the planned transition to LED lighting may enhance the effectiveness of the existing lighting facilities. NM M & C-2015 - 192 - 6 - September 28, 2015 2. Amend the existing Excavation of Streets By -law: Property owners currently require approval to modify a City R -O -W for specific activities through the process provided for in the Excavation of Streets By -law. The challenge with this approach is that this By -law does not currently address the types of unauthorized modifications that some residents are undertaking in the Cedar Point neighbourhood, such as the replacement of gravel shoulders with grass. In order to explore opportunities to identify what additional specific activities can and cannot be undertaken in a City R -O -W in the future, staff are prepared to discuss with the stakeholders alternative surface treatments for shoulders, driveway culverts and ditches. Any significant changes to the current specifications would require an amendment to the by -law. This approach would provide clear direction for property owners in terms of what can and cannot be modified in the public street R -O -W, as well as the required standards and process for each type of permitted modification that every RSS property owner is required to adhere to. The standards would be based on reasonable and sound engineering principles that would prevent negative impacts on neighbouring properties, including other parts of the city R -O -W. This is a standard approach to regulating activities within the City R -O -W in most other jurisdictions. It is important to note, completion of such a review and by -law amendments will require additional resources, depending on the requested timeline for adoption. 3. RSS Zone: Options for Future Planning The RSS zone was purposefully retained in the updated Zoning By -law (ZoneSJ) to allow future phases of the existing subdivisions to be built -out at the same standards as the existing phases. However, the zone is not intended to be applied to any new land inside the city as it was retained only to permit the balance of these existing subdivisions to finish at the same standards as earlier phases. This approach could be modified by Council; however, the impacts of any changes to this zone that are discussed should be carefully considered. The following provides some context for consideration. a. Rezone Vacant Land to R1 Council could seek to rezone the balance of the vacant RSS zoned land to another zone. This would mean retaining the RSS zone in the Zoning By -law and leaving all existing residential lots zoned RSS, but rezoning the vacant land in the Cedar Point subdivision (37% of the balance of the land) to a zone with higher subdivision standards, such as the One Unit Residential (R1) zone. This option would ensure that future development occurs at the full urban standard (for any phases where tentative subdivision approval has expired'), but would not in itself address the residents' concerns about the existing developed areas. The result would be a subdivision with portions built to two different standards, which would not be a desirable situation. Therefore, this option would ' It should be noted that the final two phases of Cedar Point Anchorage both have tentative approvals that permit them to be built out at the current RSS standard. These tentative approvals do not expire until May (Phase 7) and September (Phase 8) of 2016. N M & C-2015 - 192 - 7 - September 28, 2015 only be recommended if the City decides to undertake comparable infrastructure improvements in the existing developed area. b. Eliminate the RSS zone and Rezone all land to Another Zone Council could seek to eliminate the RSS zone from the Zoning By -law altogether. This would mean rezoning all existing RSS zoned land (existing homeowners and vacant land) to a similar zone, such as the One Unit Residential (R1) zone. Similar to Option a., this option would also result in all future phases of the Cedar Point subdivision having to be completed to a higher standard, including sidewalks, curbing, underground piped stormwater system and buried utilities once the current tentative subdivision approvals have expired. It would also have the same impact on future phases of the Highlands of Drury Cove subdivision. c. Amend RSS Subdivision Standards: This would mean future phases of these RSS subdivisions would be built to different subdivision standards. This option is not recommended as the subdivision standards go hand -in -hand with the zoning standards. Without a significantly reduced minimum lot size, increasing the subdivision standards may eliminate any opportunity for the vacant land in the subdivision to see build -out, as the costs to develop the subdivision may outweigh the overall financial return to the developer due to the low density of the large residential building lots. Considerations with these options: Changing the zone on existing built property from RSS to R1 will have little impact for the most part as these lots are already developed. It must be noted that the R1 zone permits much smaller lots and, therefore, it is theoretically possible to subdivide existing large lots and permit smaller infill lots in the future. This may not be desirable from the perspective of existing homeowners as it introduces a different built form into the established neighbourhood. Changing the zone to a more urban zone on the balance of the vacant land will add costs to the developer for all future phases of these subdivisions that do not have active tentative approvals. Urban zones also permit much smaller minimum lot sizes (needed to be able to recoup the additional development costs from higher subdivision standards) and as such may raise concerns with the neighbourhood in terms of compatibility of built -form. This approach would prevent any additional land from being developed in the future using the existing RSS subdivision standard. However, if this route is pursued, it is important to note that with higher subdivision standards being built in the future phases, it may increase pressure from existing residents for the city to `upgrade' their portion of the subdivision. Any proposed change to the property zoning should be discussed with the developer(s) and community prior to a decision being made on a way forward. In terms of the proposed changes to the existing RSS subdivision standards, this route is not recommended without an accompanying review of the zoning standards and significant consultation with the existing land developers as well as the community. Should the new subdivision standards be too high, it may effectively freeze the ability of this subdivision to be finished, as the return from Na M & C-2015 - 192 - 8 - September 28, 2015 new residential lots may not be high enough to recoup the initial investment in the required subdivision infrastructure. 4. Local Improvement Levy By -law: In order to implement the significant infrastructure upgrades in this subdivision that is being requested by this neighbourhood group - the kind of improvements that would increase subdivision standards beyond the minimum RSS subdivision standard — it is recommended that Council direct a Local Improvement Levy mechanism to be considered. This will ensure the costs of these improvements are not borne by existing tax payers across the community but rather by those who will benefit from the improvements; i.e. the existing neighbourhood residents. Under section SS. 117 -148 of the New Brunswick Municipalities Act, the Local Improvement Levy is a tool that could be utilized, subject to meeting specific criteria. At a high level, if consent was granted by affected property owners, the City would be required to approve and fund the infrastructure improvements through the Capital Fund. All or a portion of the costs would then be recovered through a levy on each property over a number of years; the details of the arrangement would be structured and delineated in a by -law adopted by Council. Staff is not aware of any previous situations in the City where this tool has been used. Upon an expression of sufficient interest from the neighbourhood that meets minimum requirements of the local improvement levy mechanism under the N.B. Municipalities Act, the City Solicitor's office would need to be directed to review the existing By -law Respecting Local Improvements and either amend this By -law or develop a new by -law regarding a local improvement levy solicited by homeowners. Cost Estimate for Cedar Point Subdivision Upgrades: City staff met with residents of the Cedar Point Community Group in November 2014 and several times subsequently in 2015 with a smaller representative working group. At the November meeting, residents from the neighbourhood voted on the infrastructure improvements they would like to see made to their subdivision and ranked them in terms of priority. In response to this submission, staff from Transportation and Environment Services agreed to review the infrastructure requests and provide a preliminary cost estimate for their proposed four -year plan. The estimated costs of the improvements requested by neighbourhood residents are substantial. Based on the preliminary cost estimate by city staff, the proposed improvements for stormwater and transportation upgrades are approximately $14.7 million (plus HST), not including underground utilities. An additional $2.6 million would be required to bury these facilities. This is equivalent to approximately $87,800 (plus HST) per lot based on the existing 231 lots in the developed portion of the subdivision. The following is a breakdown of the estimated costs associated with the proposed list of improvements provided by the neighbourhood residents group: N M & C-2015 - 192 - 9 - September 28, 2015 • Storm System Upgrade Convert ditched stormwater system to underground system: $8.0 million • Transportation System Upgrade Install curb (both sides of road) and sidewalk (one side): $6.7 million • Electrical Utilities Upgrade Convert overhead electrical lines to underground lines: $2.6 million Cost Estimate for Cedarwood Drive Only With respect to Council's July 20, 2015 resolution requesting a cost analysis for improvements to Cedarwood Drive only, staff estimates the cost as approximately $3.25 million (plus HST). This would consist of $1.77 million for storm system upgrades and $1.48 million for the transportation system upgrades (curbs, sidewalk.) This estimate does not include conversion of electrical utilities to underground service. This work could be spread over two or more years by splitting it into two or more sections of Cedarwood Drive. For example, the section from Woodward Avenue to Blanchard Lane would total approximately $1.6 million and the section from Blanchard Lane to Admiralty Drive would total approximately $1.65 million. 5. Community Ownership: In terms of the installation of neighbourhood gateway signage, it is important to note that such installations have been undertaken by other neighbourhood resident groups in recent years in both Lorneville and Champlain Heights. The city supported these neighbourhood groups by providing space within the city R- O-W for the sign installation and the resident groups fundraised and paid for the sign and the installation of the sign on their own. There was no financial support from the city provided for these community- driven initiatives. CONCLUSION: There is no ideal solution to this existing situation as there are substantial costs associated with retrofitting a built subdivision. The situation does highlight the importance of planning for good quality subdivisions. Saint John has excellent urban residential subdivision standards and most residents enjoy the everyday benefits that come from having sidewalks, proper curbing, buried utilities, and urban road widths. Decisions that are made at the planning stage have a real impact on the sense of place that Saint Johners feel about the neighbourhoods in which they live. The RSS zone and the accompanying subdivision standards were developed to provide for large, semi - rural, suburban -style lots in the city as a comparable product to directly compete with the housing being offered in adjoining municipalities. Given the experience with the RSS zone over time, staff do not recommend permitting any new subdivisions to be built using this standard, as it is not only contrary to the more urban direction in PlanSJ, but it has also proven to not be a good fit from a property owners perspective, as some perceive lower quality subdivision infrastructure relative to neighbouring subdivisions in the city. The efforts by some residents to make well- intended but sometimes quite N M & C-2015 - 192 _10- September 28, 2015 damaging alterations to the city -owned R -O -W further amplify their concerns and increase the maintenance and repair costs borne by taxpayers. Looking ahead, the RSS zoning has been limited to the previously approved Cedar Point and Drury Cove areas in order to prevent additional subdivisions from being created using the RSS standard. Future rezoning of other areas to RSS is not contemplated or encouraged by PlanSJ's policies. However, there remains a sizeable inventory of land available to accommodate the build -out of the two active RSS residential subdivisions (Cedar Point and Drury Cove) for future RSS subdivision. Removal of either or both of these undeveloped areas from the RSS zone should only be undertaken if funds are allocated in the capital budget for improvements to the existing developed areas of the subdivisions. If there is support by Council to re- invest in this neighbourhood by upgrading the subdivision infrastructure, it is recommended that these costs be recovered through a local improvement charge. This can be accomplished through the design and adoption of a Local Improvement By -law. This is the appropriate and fiscally responsible solution; however, it requires considerable community outreach and discussion to properly explore and determine if it can be utilized. RECOMMENDATION: It is recommended that Common Council: 1. Direct staff to investigate the potential of providing widened asphalt surfaces and painted bike /walk lane, traffic calming measures, and standardized street lights in selected areas as part of regular operations; 2. Direct the City Manager to explore the adoption of a Local Improvement Levy mechanism with the Cedar Point neighbourhood for subdivision improvements that exceed the existing minimum RSS zone standards; 3. Should it determine that capital expenditures are warranted for retrofitting all or part of the existing developed subdivision, initiate the rezoning of the undeveloped balance of the Cedar Point Anchorage subdivision from Serviced Suburban Residential (RSS) to One -Unit Residential (R1). Respectfully submitted, Wm. Edwards, P.Eng. Commissioner Transportation & Environment Jeff Trail City Manager Jacqueline Hamilton, MURP, MCIP RPP Commissioner Growth & Community Development M M & C-2015 - 192 - 11 - September 28, 2015 Appendix A: Examples of unauthorized modifications to the city -owned right -of -way in the Cedar Point Estates subdivision 291 M & C-2015 - 192 -12- September 28, 2015 292 PROBLEM: Poor drainage control from roads onto the shoulder. CAUSE: Unauthorized alteration of road shoulders from residents placing grass to the edge of the road. OUTCOME: Grass placement impedes shoulder function and creates washout conditions that lead to road edges FIX: Properly installed road shoulders, with no unauthorized installation of grass. PURPOSE: Properly installed road shoulders, illustrated in this image, function to keep the road sub base dry and divert road surface water runoff to the stormwater ditches. M & C-2015 - 192 -13- September 28, 2015 293 PROBLEM: Steep sloping at the edge of private property can lead to premature slope erosion that can become a safety issue. SOLUTION: Ditch sloping at a 3:1 ratio is desired but cannot often be maintained due to private property constraints. PROBLEM: Backfilling storm water ditches and encroaching into the City R -O -W violates the Building Permit and the Excavation By -law. PROBLEM: Backfilling ditches with piped systems and no catch basins to permit proper drainage. This leads to outlets becoming partially filled with sediment and restricts the flow of water, leading to a failure of the drainage system. This results in requirements for timely and expensive maintenance to clean the M & C-2015 - 192 -14- September 28, 2015 294 M & C-2015 - 192 -15- September 28, 2015 Appendix B: Map Showing Cedar Point Estates and Cedar Point Anchorage Area 295 Cedar Point Estates & Cedar Point Anchorage RSS (Serviced Suburban Residential) Zoning The my of5 ni ohn 1 CFIVI :�•._ _ ,ol r'Rn.a rc rl Date: March -26 -15 Map by the Geographic Information Systems Division. Carte par la divi2og& systemes d'information geographique. © 2015 The City of Saint John RSS IM1►. f. k� The City or Saint John September 28, 2015 Deputy Mayor and Councillors Subject: Land Exchange with Province Wellfield Property (rear of Island View School) for City Land Adjacent to Havelock School The Committee of the Whole, having met on September 28, 2015, made the following recommendation: RESOLVED that Committee of the Whole recommends to Common Council that: 1. The City of Saint John convey to the Province of New Brunswick, the property identified as PID No. 414318; and that the Province of New Brunswick convey to The City of Saint John a portion of PID No. 411728 and all of 55192876, as shown on the submitted tentative plan of subdivision as being Lot 15 -1; and that the aforementioned properties be exchanged on or before October 15, 2015; and 2. That the Mayor and Common Clerk sign any documents required to effect the exchange of these properties. Sincerely_, Mel Norton Mayor ,:'��� fJam-, Y o s' . &UilT y )ki j P.O. V-)x 1971 SaaiM J&in, NO Cataoada E21- 4U �,y� °r s�airid c hn.t as I C:.N 1971 Saint John, N. ii_ Canada E2L 40 29 P, v The City of Saint John September 28, 2015 Deputy Mayor and Councillors Subject: Light Emitting Diode (LED) Municipal Street Lighting Conversion Agreement The Committee of the Whole, having met on September 28, 2015, made the following recommendation: RESOLVED that the Committee of the Whole recommend to Common Council that: (1) Common Council authorize the Mayor and Common Clerk to execute an agreement between the City and The Power Commission of the City of Saint John in the form attached to correspondence from Committee of the Whole to Common Council, dated September 281h, 2015; and (2) City staff work with the staff of the Power Commission of the City of Saint John to revise Schedules A, B, C, D, E of the Agreement to address any inaccuracies, per the Agreement, and that the monthly fee be adjusted accordingly. Sincerely, Mel Norton Mayor (P -J:! J(�-wN RO, Box 1971 Sault jdin, NR Canada Ell.. 4L1 I vwmsaingohn.w I C.P. 1971 Saint 16 in, NA. Canada E1L 41 298 -19 ,A _ The City of Saint John September 28, 2015 Deputy Mayor and Councillors Subject: Contribution Agreement for Saint John City Market Funding with Atlantic Canada Opportunities Agency The Committee of the Whole, having met on September 28, 2015, made the following recommendation: RESOLVED that as recommended by the Committee of the Whole, Common Council: 1. Approve the Contribution Agreement with the Atlantic Canada Opportunities Agency (Project No. 206167), as submitted with M &C 2015 -199, and authorize its execution by the Mayor and Common Clerk; 2. Commit to allocating $1,330,000.00 toward the Saint John City Market Upgrade Program, within the City of Saint John's capital budget prior to 2018, contingent on the Government of New Brunswick confirming its contribution of $2,030,000; and, 3. Approve amendment of the said Contribution Agreement, once executed, which amendment would: a. extend the requirement for the City's submitting its consolidated financial statements to ACOA from 120 to 180 days; b. extend the end date identified in the said Contribution Agreement from March 31,2017 to March 31,2018; and further, authorize the execution of the corresponding amending agreement by the Mayor and Common Clerk. Sincerely, Mel Norton Mayor �e LF,II" YXIN P.0. Box 1971 Saint John, NEB Canada E2L 4Li I -�vm► saiiAohnxa I CA 1971 Saint John, N. -B. Canaria E2L4 1 _. _ 299