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2020-02-24_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, February 24, 2020 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of February 10, 2020 6-18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Supply of Solid Waste Carts and Recycling Totes (Recommendation in Report) 19-21 5.2 36 St James Street - Incentive Program Amendment (Recommendation in 22-27 Report) 5.3 Easement No. 238 from Saint John Port Authority at Robertson Square for 28-35 Sewer Outfall (Recommendation in Report) 5.4 Easement No. 57 from Saint John Port Authority at St. John/Minnette Streets 36-43 (Recommendation in Report) 5.5 Easement No. 192 from Saint John Port Authority at Courtenay Bay for Sewer 44-51 Outfall (Recommendation in Report) 5.6 Easement No. 359 from Saint John Port Authority at Rodney Terminal 52-59 (Recommendation in Report) 5.7 Voluntary Separation Program Revised (Tabled February 10, 2020) 60-67 K (Recommendation: Remove from Table and Approve Recommendation) 5.8 Recommended Appointments to Committees (Tabled February 10, 2020) 68-69 (Recommendation: Remove from Table and Approve Recommendation) 5.9 Engineering Services — Sea Wall Refurbishement Coast Guard Location 70-73 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment - 95 Wentworth Street (3rd Reading with Section 74-77 59 Conditions) 10.2 Zoning By -Law Amendment - 819 Millidge Avenue with Staff Supplementary 78-85 Report (3rd Reading with Section 59 Conditions) 11. Submissions by Council Members 11.1 Flyer Delivery Bylaw (Councillor Hickey) (Tabled February 10, 2020) 86-86 11.2 Ban on Single Use Plastics (Councillor Hickey) (Tabled February 10, 2020) 87-88 11.3 Code of Conduct (Mayor Darling) 89-89 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update 90-94 12.2 Sustainability Initiatives 12.2.1 Parks and Recreation Casual Workforce - Sustainability Item 95-101 12.2.2 Transportation & Environment Services (Works) Casual Workforce — 102-105 Sustainability Item 12.2.3 Permit and Development Approvals, New Fees - Sustainability Item 106-112 12.2.4 Fire Service Fee Recovery for Emergency Response — 113-116 Sustainability Item K K3 12.2.5 Asphalt Overlay Program - Sustainability Item 117-120 12.3 Summer 2020 Sports Field, Arena Floor, and Tennis Rates 121 -140 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request - Loch Lomond Villa Foundation Fundraising Dinner 141-142 and Auction (Recommendation: Refer to Clerk to purchase tickets for Interested Council Members) 15.2 Ticket Purchase Request - World Kidney Day Breakfast (Recommendation: 143-143 Refer to Clerk to purchase tickets for Interested Council members) 15.3 Imperial Theatre re: Removal from Regional Facilities Commission 144-155 (Recommendation: Refer to City Manager for Sustainability Considerations) 15.4 Port City Pirates Baseball Association Inc. (Recommendation: Receive for 156-160 Information) 15.5 COPE: Formal Complaint per Bylaw Number L.G.-5 161 - 198 16. Supplemental Agenda 17. Committee of the Whole 17.1 Saint John Energy Non -Disclosure Agreement 199-206 17.2 Settlement of Grievances - CUPE Local 486 207-208 18. Adjournment K3 City of Saint John Common Council Meeting Monday, February 24, 2020 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance 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 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Legal Matter 68(1)(f) 1.4 Legal Matter 68(1)(b,f,g,j) Ville de Saint John Seance du conseil communal Lundi 24 f6vrier 2020 18h Salle du conseil communal (salle Ludlow), an 8e kage de 1'h6tel de ville Comit6 pl6nier 1. Ouverture de la s6ance Si Vous souhaitez obtenir des services en fran�ais pour une seance 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 l'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16h, Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation duproces-verbal 68(1) 1.2 Question financiere 68(1)c) 1.3 Question juridique 68(1)f) 1.4 Question juridique 68(1)b;f;g;j) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 10 fevrier 2020 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Fourniture de chariots a d6chets solides et de bacs de recyclage (recommandation figurant au rapport) 5.2 36, rue St. James Modification du programme d'incitation (recommandation figurant au rapport) K 5.3 Servitude n° 238 de 1'Administration portuaire de Saint John a Robertson Square pour 1'6vacuation des eaux us&es (recommandation figurant au rapport) 5.4 Servitude n° 57 de 1'Administration portuaire de Saint John a Tangle des rues St. John et Minnette (recommandation figurant au rapport) 5.5 Servitude n° 192 de 1'Autorit6 portuaire de Saint John a la baie de Courtenay pour 1' evacuation des eaux usees (recommandation figurant au rapport) 5.6 Servitude n° 359 de 1'Administration portuaire de Saint John au terminal Rodney (recommandation figurant au rapport) 5.7 Programme de depart volontaire revise (depose le 10 f&vrier 2020) (recommandation : le retirer de la liste et approuver la recommandation) 5.8 Nominations recommand&es aux comites (depose le 10 fevrier 2020) (recommandation : le retirer de la liste et approuver la recommandation) 5.9 Services d'ing&nierie Remise en &tat du rempart du cordon littoral — Emplacement des gardes-cotes (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 9. Audiences publiques —18 It 30 10. Etude des arret6s municipaux 10.1 Modification au reglement de zonage 95, rue Wentworth (troisi&me lecture comprenant les conditions de Particle 59) 10.2 Modification au reglement de zonage 819, avenue Millidge, avec pr&sentation du rapport compl&mentaire sur le personnel (troisieme lecture comprenant les conditions de Particle 59) 11. Interventions des membres du conseil 11.1 Reglement sur la distribution de prospectus (conseiller Hickey) (d&pos& le 10 f&vrier 2020) 11.2 Interdiction des plastiques a usage unique (conseiller Hickey) (d&pos& le 10 f&vrier 2020) 11.3 Code de conduite (maire Darling) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Mise a jour des initiatives d'am&lioration continue 3 12.2 Initiatives de durabilite 12.2.1 Personnel occasionnel des pares et loisirs Point sur la durabilite 12.2.2 Personnel occasionnel des services de transport et d'environnement Point sur la durabilite 12.2.3 Permis et autorisations de developpement, nouveaux frais Point sur la durabilite 12.2.4 Recouvrement des frais des services d'incendie pour les interventions d'urgence Point sur la durabilite 12.2.5 Programme de revetement d' asphalte - Point sur la durabilite 12.3 Tarifs des terrains de sport, de reservations d' arenas et de terrains de tennis pour 1'6t6 2020 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du Bureau 15. Correspondance g6n6rale 15.1 Demande d'achat de billets Souper de collecte de fonds de la fondation Loch Lomond Villa et vente aux encheres (recommandation : consulter le greffier pour acheter des billets aux membres du Conseil qui le souhaitent. ) 15.2 Demande d'achat de billets Dejeuner de la Journee mondiale du rein (recommandation : consulter le greffier pour acheter des billets aux membres du Conseil qui le souhaitent.) 15.3 Theatre Imperial Objet : retrait de la Commission des installations regionales (recommandation : consulter le directeur municipal pour les questions de durabilite) 15.4 Port City Pirates Baseball Association Inc. (recommandation : accepter a titre informatif) 15.5 Syndicat canadien de la fonction publique (SCFP) : Plainte officielle en vertu de 1' arr&6 num6ro LG -5 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 17.1 Accord de non-divulgation de Saint John Energy 17.2 Reglement des griefs — Locale 486 du CUPE C! 18. Levee de la seance COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 1► IILI[ 1111IF.=00411w_1:M► 1IIIisI1►[e COMMON COUNCIL OF THE CITY OF SAINT JOHN FEBRUARY 10, 2020 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Growth & Community Development J. Hamilton Commissioner Finance and Treasurer K. Fudge Director of Strategic Affairs I. Fogan Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin C.1 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 f6vrier 2020 1. Call to Order 2. Approval of Minutes 2.1 Minutes of January 27, 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the minutes of the meeting of Common Council held on January 27, 2020, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of items: • 17.1 Voluntary Separation Program • 17.2 Recommended Appointments to Committees • The Clerk also distributed to Council Members additional comments received for the Public Hearing item 9.3 (819 Millidge Avenue) MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Letter from the Saint John Board of Police Commissioners re Board of Police Commissioners 2020 Executive be received for information. 5.2 That the submitted report M&C 2020-043: Vacant Building Enforcement Case Update — 530-532 Rothesay Avenue (Fundy Line Motel) (PID 303610), be received for information. 5.3 That as recommended by the City Manager in the submitted report M&C 2020- 049: Traffic Paint Sole Source, notwithstanding the City's Procurement Policy, Common Council authorize City staff to purchase Franklin Paint Company traffic paint for the 2020 construction season as a sole source procurement from Stinson Equipment Limited at a cost of $91,505.82 plus HST. 5.4 That as recommended by the City Manager in the submitted report M&C 2020- 043: Proposed Public Hearing Date —191 Red Head Road and 90 Paradise Row, Common Council schedule the public hearing for the rezoning applications of Sandor Toror (191 Red Head Road) and Saint John Energy (90 Paradise Row) for Monday April 6, 2020 at 2 r� COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 6:30 p.m. in the Ludlow Room, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.5 That as recommended by the City Manager in the submitted report entitled M&C 2020-051: City Market Lease with Gilliane Nadeau DBA Uncorked Tours, Common Council approves the following: 1. That the City enter into a Lease for the premises as referred to and described in Schedule "A" of the lease in the City Market with Gilliane Nadeau DBA Uncorked Tours., under the terms and conditions as set out in the Lease submitted with M&C 2020-51. 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.6 That the Mayor's Letter to Federal and Provincial Governments regarding Council's support to Legislate the Elimination of Conversion Therapy be received for information. Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 7.1 Heritage Week— February 101h to 17th, 2020 The Mayor declared February 101h to 17th, 2020 as Heritage Week in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 251 Loch Lomond Road — Proposed Section 59 Amendment with Planning Advisory Committee report recommending Amendment 3 E:3 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 59 Amendment amending the Section 59 conditions imposed on the December 21, 2009, rezoning of the property located at 251 Loch Lomond Road, also identified as PID Nos. 00313882 and 55099634, to permit a revised proposal to increase the number of residents in the existing special care home, with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its January 21, 2020 meeting at which the Committee recommended the amendment of the existing Section 59 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Sandra Ferris, owner and operator of the Special Care Home presenting. Moved by Councillor Armstrong, seconded by Councillor Hickey: RESOLVED that Common Council rescind the Section 39 (now Section 59) conditions imposed on the December 21, 2009 rezoning of the property located at 251 Loch Lomond Road, also identified as PID Numbers 00313882 and 55099634; and that pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,130 square metres located at 251 Loch Lomond Road, also identified as PID Numbers 00313882 and 55099634, be subject to the following condition: a. The use of the property is restricted to a supportive facility for up to 14 residents only. IL IQI[Q0[GYM ilk] all1991 9.2 Proposed Zoning Bylaw Amendment - 95 Wentworth Street with Staff Presentation and Planning Advisory Committee report Recommendation to Approve (11' and 2nd Reading) A staff report was presented by Planner A. Reid in favour of the proposal for a seven storey, 83 -unit multi -residential development. The PAC recommendation also supports the application. The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 95 Wentworth Street to permit a multi -residential development, with written letters of objection and CI COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 support received. The Planning Advisory Committee recommended approval of the re- zoning as set out in the submitted report, with Section 59 conditions. The Mayor called for members of the public to speak against the rezoning with the following presenting: • Stephen Greek, Waterloo Street resident presenting; asking questions on taxation, rent control, impact of building height blocking sunlight to existing neighbours, water run-off. The Mayor called for members of the public to speak in favour of the rezoning with the following presenting: • Alex Weaver Crawford, PAC Chair, Horsfield Street resident • Percy Wilbur, Proponent, Millidgeville resident • Patrick McCaffrey, Leinster Street resident • Randy Hatfield, Princess Street resident, Director Human Resource Development Centre • Arthur Melanson, Wentworth Street resident • Ian Stead, Seeley Street resident • Steve Carson, Develop SJ • Stephen Chase, resident • Bob McVicar, Realtor, Orange Street resident Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 0.25 hectares, located at 95 Wentworth Street, also identified as being PID No. 55236541, from Neighbourhood Community Facility (CFN) to High -Rise Residential (RH); and amending Schedule "G", the Zoning By-law of The City of Saint John, by increasing the maximum building height of PID No. 55236541 from 14 metres to 23 metres, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 0.25 hectares, located at 95 Wentworth Street, also identified as being PID No. 55236541, from Neighbourhood Community Facility (CFN) to High -Rise Residential (RH); and amending Schedule "G", the G1 ito] COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 Zoning By-law of The City of Saint John, by increasing the maximum building height of PID No. 55236541 from 14 metres to 23 metres, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." IL [0000114L1:k]k]11191 Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting recess for a ten minute break from 8:00 p.m. to 8:10 p.m. MOTION CARRIED. 9.3 Proposed Zoning Bylaw Amendment — 819 Millidge Avenue with Staff Presentation and Planning Advisory Committee report recommending Denial of Rezoning (15t and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed zoning bylaw amendment for a parcel of land located at 819 Millidge Avenue to allow for a multi -residential development, with written letters of objection and support received. The Planning Advisory Committee recommended that the rezoning application be denied. The Commissioner of Growth and Community Development advised that staff are recommending approval of the development to support density / intensification as it meets the expectations of the Plan SJ Growth Strategy and the Municipal Plan. Referring to the submitted PowerPoint entitled 819 Millidge Avenue Public Hearing Presentation to Common Council February 10th, 2020, Planner K. Melanson outlined infill development trends in Moncton and Halifax in support of the staff recommendation. Mark O'Hearn outlined the application and the PAC hearing decision to reject the Application. Neighbourhood compatibility, transportation and traffic, parking, infrastructure and drainage, existing Zoning permissions were illustrated. The amended staff recommendation follows: 1. Common Council rezone the property to Mid -Rise Residential (RM) 2. Common Council impose Section 59 conditions as follows: • Daniel Avenue driveway used as an exit with right turns only; • Trees and shrubs be required in front, flankage and side yards; rd 11 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 • A landscape berm be installed along adjoining residential properties; • Opaque material be used for the balconies between the 40 -unit apartment building and adjoining properties on Hayward Court; • The development and use of the parcel be in accordance with approved detailed building elevation and site plans. The Mayor called for members of the public to speak against the rezoning with the following presenting: Alex Weaver Crawford, Chair PAC, resident Horsfield Street, objecting to the height of the development. Responding to question, the Chair commented that the development rendering shown tonight was not presented to the PAC. Graham Scott, Manners Sutton Road resident, commented on the mass of the building in a mature single home area; a middle ground transition would be better suited to the area. The required parking is understated in the proposal. Paul Lunney, Tudor Lane resident, commented on the Municipal Plan targets. Alternative areas are available - Sears Plaza, Indian Town. The proposal jumped out of nowhere; there was no lead time. This is the first rendering of the development shown. The reaction by the neighbourhood is demonstrative of the planning process. There is backlash against the process. Katherine Herrington, Kennebecasis Drive resident. Excessive mass of the development is not consistent with the neighbourhood. The excessive mass is in the building height, and the number of apartment units. Other areas are more conducive to development, such as University Avenue. The proposed development does not fit with the established characteristics of the older neighbourhood. Aggressive overbuilding is not in the spirit of the community. Peter Larsen, Highridge Road resident and property developer in Hayward Court Millidgeville, objected to the height development in relation to its proximity to neighbours. The density of the property, number of vehicles, building is too large for the property; the development does not transition to the surroundings. There is an oversupply of apartments in Millidgeville. Apartment buildings decline in value. Vacancy rate for older apartments is low, because people prefer a newer facility. VA 12 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 Hasell Kerr, Donaldson Street resident, stated there was a complete difference between the Percy Wilbur development engagement process and the Dec 16th letter dropped in mailboxes. Housing built on the old airport runway may be subject to flooding; there was flooding in the past. The public open consultation meeting was held the day before the PAC meeting. Voiced her objection to height of the building and the location. Martha Garey, Daniel Avenue resident, chose Millidgeville for the family friendly neighbourhood. The proposal to increase density and traffic will negatively impact home values. Staff submitted a 2012 car count study which is not relevant in 2020. The proposal is development that will compromise, not enhance the neighbourhood. Chris Herrington, Millidge Avenue. The proposed development is too large for the site. Development should comply with the character of the community. Since the PAC meeting, Develop SJ contacted the residents. Citizens deserve respect and engagement on the project. Yuriy Klikinskiy, McCauley Avenue resident. Main concern is the safety of the children. Daniel Avenue is a traffic route to the Schools, M.G. Teed, Samuel de Champlain. The proposal is not as attractive, it will cause property devaluation. Deborah McCormick, Ragged Point resident, takes issue with the process — it was lacking engagement of the community. The procedure was vague. How will you accredit the procedure? How does PAC function? Staff had a plan B. Do they always have a plan B? Did city staff consult the residents? Lack of civic engagement, is the major problem. We (citizens) are the key components. How much of the residential taxes do we pay in Millidgeville compared to rest of the City? We endorse the PAC recommendation. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that in accordance with section 3.13 of the Procedural Bylaw the meeting be extended beyond 10:00 p.m. IL [0000114L1:k]k]11191 Steve Butler, Millidgeville Avenue resident. The development size is too big for the area. Water issues - even with holding tanks. Traffic flow in the area. The development should be downsized. g 13 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 Shirkant Mehta, Bell Manor Drive resident. Size of the proposal is too large. The quiet neighbourhood with low level lighting will look like a shopping mall. Aesthetics will be affected. The Anchorage Project is not attractive; garbage bins, etc. Deny the proposal. Let the developer, staff and the community get together. Call a meeting at the M. Gerald Teed community centre to discuss. Lena Biryukova, Bell Manor Drive. The developer is requesting a lower allowance. 55 units are permitted, 88 are proposed. Many of the houses in the area are built with basements because of the hard rock. They will not withstand the blasting from the development. At 10:15 p.m. the Mayor called a brief recess for 5 minutes. Natalia Biryukova, Bell Manor Drive. Two points were missed. The buildings are just cubes. The construction will go from flat roof to a sloped roof with another variance. The traffic from the apartment building will be 5-10 m from Hill Heights. The Mayor called for members of the public to speak in favour of the rezoning with the following presenting: Charlie Bird, the proponent developer Sea -Bird 1201990 Ontario Limited and his development team Stephen Brittain. The developer said the demand is strong for rental units. The City Manager advised that the public hearing ends with the presentation by the public being heard. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that the Procedural Bylaw be suspended to continue the meeting beyond 11:00 P.M. MOTION CARRIED with Councillor Sullivan voting nay. Also presenting in favour of the development: Sandy Robertson, resident, supports the development. Tim Jones, Ragged Point Road, supporting the development sends a strong message to developers. 01 14 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 Claude MacKinnon, Woodward Avenue (Brentwood Towers) Resident, supports change, supports tax base growth. Brian Irving Develop SJ supported the developer through the application process. Community Engagement - delivered flyers to the residents within 100 meters in November. The development follows best practices observed from visiting other growing communities: high-density development in Fredericton, Moncton, Charlottetown, and Rothesay. The development at 819 Millidge Avenue checks all the boxes: Site Location, Fits the Community, Servicing, Exemplary Design, Market Demand, and Business Case. Patricia Ellsworth, resident Carter Court, supports the development for opportunities for new families to move to the neighbourhood. Moved by Councillor Armstrong, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as being PID Numbers 55059828 and 00046615, Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM), be read a first time. MOTION CARRIED with Councillor Sullivan voting nay. Councillor Sullivan stated that due to the lack of community engagement the process was flawed and that the development is too big for the location. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as being PID Numbers 55059828 and 00046615, Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM), be read a second time. 10 15 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 MOTION CARRIED with Councillor Sullivan voting nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of Bylaws 11. Submissions by Council Members Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the following items be tabled: 11.1 Flyer Delivery Bylaw (Councillor Hickey) 11.2 Ban on Single Use Plastics (Councillor Hickey) 17.1 Voluntary Separation Agreement 17.2 Appointments to Committees IL 10000011GY1:k]k]11191 12. Business Matters - Municipal Officers 12.1 Continuous Improvement Initiatives Update S. Rackley -Roach Director of Corporate Performance outlined the following continuous improvement initiatives: • The imposition of administrative penalties bylaw (Revenue to de determined) • Contracted services (reduction of approx. $172,000) Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the Continuous Improvement Initiatives Update for Administrative Penalties and Contracted Services be endorsed as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. MOTION CARRIED. 12.2 Sustainability Initiatives Update 12.2.1 Asphalt Overlay—Sustainability Item 12.2.2 Recreation Rightsizing Facilities (Horse Stables) - Sustainability Item The City Manager stated that in error the Sustainability Initiatives Update was submitted as item 12.2; it was intended to be submitted as a Consent Agenda item. In October feedback was provided to Council of 50+ ideas that staff would look at. This is a 11 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 housekeeping matter informing Council of certain ideas that will not be pursued in time for the sustainability requirements of 2021. In some cases we are walking away, as explained in the report, because on further analysis they don't make sense to do. In other cases they will take more time, or are being incorporated in other projects and initiatives. The recommendation is for Council to receive and file the submitted report entitled M&C 2020-55: Sustainability Initiatives Update. Moved by Councillor Reardon, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2020-55: Sustainability Initiatives Update, be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Ticket Purchase Request - NB Black History Society Achievement Awards Dinner Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the Ticket Purchase Request - NB Black History Society Achievement Awards Dinner be referred to the Clerk to purchase tickets for interested Council Members. MOTION CARRIED. 15.2 Ticket Purchase Request - The Spirit of Ella Hathaway Award Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Ticket Purchase Request - The Spirit of Ella Hathaway Award be referred to the Common Clerk to purchase tickets for interested Council members. MOTION CARRIED. 15.3 Ticket Purchase (Bundle) Request - Amazeatorium Moved by Councillor Norton, seconded by Deputy Mayor McAlary: RESOLVED that the Ticket Purchase (Bundle) Request - Amazeatorium be approved to purchase a $300.00 bundle. MOTION CARRIED with Councillor Sullivan voting nay. 12 17 COMMON COUNCIL/ CONSEIL COMMUNAL February 10, 2020 / le 10 fevrier 2020 15.4 Sponsorship Request - Cystic Fibrosis Canada Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that that Council Members purchase tickets individually to the event. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Voluntary Separation Agreement (Tabled) 17.2 Appointments to Committees (Tabled) 18. Adjournment Moved by Councillor Reardon, seconded by Councillor Armstrong: RESOLVED that the meeting of Common Council held on February 10, 2020 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 11:56 p.m. 13 iF:3 COUNCIL REPORT M&C No. 2020-45 Report Date February 4, 2020 Meeting Date February 24, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019-811001P -Supply of Solid Waste Carts and Recycling Totes OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tom McGrath Michael Hugenholtz John Collin RECOMMENDATION It is recommended that the proposal for the supply of Solid Waste Carts and Recycling Totes be awarded as follows: the Solid Waste Carts to Toter LLC in the amount of $51,340.00 and; the Recycling Totes to Nova Product Division in the amount of $18,950.00. Funds for the Solid Waste pilot of $80,000 were transferred to the General Capital Reserve Fund in 2019 as per Council report M&C 2019-351 on December 16, 2019. It is further recommended that those funds now be made available to fund purchases related to this pilot project. EXECUTIVE SUMMARY The purpose of this report is to gain Councils approval for the supply and purchase of the associated refuse carts and recycling totes for the implementation of the Modernization of Solid Waste Collection Service. As part of the City's Sustainability Initiatives, the Solid Waste Collection Service was identified as an area of interest. A Request for Proposals (RFP) was issued on December 11, 2019 for the supply of the refuse carts and recycling totes. The RFP was designed to allow bidding on one or both commodities. The proposals submitted by Toter, LLC (Refuse Carts) and Nova Products (Recycling Totes) ranked the highest based on the evaluation criteria by the team and met all the requirements set forth in the RFP. The award of the supply agreement will set pricing for both the pilot and complete implementation of the New Solid Waste Model. However, as per the approval of the Finance Committee on October 23, 2019, funds were approved to proceed with a pilot project related to approximately 1000 households. Information within the RFP reflected this, as well as reference to an approximate 2 -year implementation window. -2 - PREVIOUS RESOLUTION On October 7, 2019, it was resolved by Common Council to receive and file M&C 2019- 206: "Modernization of Solid Waste Collection Service" as it relates to "Sustainability: Addressing the Deficit 2021-2022". In addition, on October 23, 2019, the City of Saint John's Finance Committee approved funding for a pilot project which relates to servicing approximately 1000 households. REPORT In an attempt to modernize the City of Saint John's current Solid Waste Collection Service, a solution was presented to Common Council that will achieve the necessary changes to realize a number of positive outcomes. The use of new automated collection devices (Helping Hand) will serve to reduce workplace injuries and aid in a more productive and efficient workforce. This new technology requires the utilization of a standard refuse cart (180L) that will be issued to each qualified household. Citizens will be limited to the amount of refuse that will fit into the cart (2 average size garbage bags). In the event a Citizen's volume of refuse exceeds the cart capacity, they will have the ability to purchase "Bag Tags". In addition to the cart system, a new service of curbside recycling will be offered. This service will allow Citizens to place at the curb two standard recycling totes (82L) that will be supplied by the City to each qualified household. Citizens will be encouraged to appropriately sort their recycling material into two totes (paper/cardboard and plastic/metal) and place them curbside for pickup. These initiatives have been devised to reduce the physical burden on City Employees, as well as, promote waste diversion and reduce the amount of solid waste going to the landfill. These efforts will reduce existing tipping fees and add a new revenue stream, as it relates to the sale of Bag Tags. More importantly, they will allow the City of Saint John to take responsibility for our environmental footprint and help to reduce greenhouse gasses. Once there is a communication plan and schedule for the pilot, staff will draft another report for Common Council outlining the selected communities and pilot details. STRATEGIC ALIGNMENT This initiative aligns with the City's strategic plan for valued service delivery, growth and prosperity and fiscal responsibility. It also assists in addressing the City's Operational Deficit as described in the report titled, "Sustainability: Addressing the Deficit 2021- 2022". SERVICE AND FINANCIAL OUTCOMES As stated in previous reports, the total households presently serviced by the City, in reference to solid waste collection, is approximately 24,000. The award of these proposals will relate to pricing for all required carts and recycling totes. Approval for the purchase of pilot related quantities of carts and recycling totes has already been K91 -3 - approved through the Finance Committee. Based on the successful bids, the following summarizes the approximate costs (carts & recycling totes) associated with the pilot and the costs associated with complete cart and recycle tote implementation. Related Costs modity I supplie (48 Gal) Refuse Can (2/3's assembled) Toter, LLC internal costs assosiated with assembly) Pilot Total Estimated Quantity Cost Cost 1,000 $ 51.34 $ 51,340 Total Implementation Total Estimated mntity Cost Cost 24,000 1 $ 51.34 1 $ 1,232,160 (21Gal) Recycling Tote (Green) Nova Prod. I I 1,000 $ 7.25 $ 7,250 I I 24,000 $ 7.25 $ 174,000 (21 Gal) Recycling Tote (Blue) No Prod. 1,000 $ 7.50 $ 7,500 24,000 $ 7.50 $ 180,000 (21 Gal) Recycling Tote Lid Nova Prod. 11000 $ 4.20 $ 4,200 24,000 $ 4.20 $ 100,800 included) Total Pilot Cost: $ 70,290 Total Project Cost: $ 1,686,960 This RFP provides for fixed pricing on the purchase of the carts and totes required for City-wide implementation of this new solid waste collection model assuming the pilot program is successful and no changes to the carts or totes are recommended. Staff would recommend the required additional purchases as more neighbourhoods are transitioned onto the new collection model. At this point in time staff are recommending the purchase of the carts and totes to support the pilot program only. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The RFP closed on January 16th, 2020 with five (5) responses. An evaluation teams comprised of members of the Transportation and Evironment Services reviewed and rated the proposals based on the following criterias: 1. Quality and Completeness 2. Specifications and Quality 3. Cost The proposal submitted by Toter LLC as well as Nova Products Division ranked highest based on the evaluation criteria and met all the requirements set fort in the RFP. The City's Materials Management team managed the procurement process. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS No attachments 21 COUNCIL REPORT M&C No. 2020-64 Report Date February 19, 2020 Meeting Date March 09, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. 36 St. James Street — Incentive Program Amendment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jody Kliffer Jacqueline Hamilton John Collin Phil Ouellette RECOMMENDATION That Common Council amend the existing Urban Residential Development Incentive Agreement with the applicant, Mike Cavanagh ("Mike Cavanagh Homes, Inc."), by adopting the revised agreement as attached to this report. EXECUTIVE SUMMARY In 2018, Mike Cavanagh ("Mike Cavanagh Homes, Inc.") was approved for an Urban Residential Development Incentive in support of the redevelopment of the Salvation Army building located at 36 St. James Street. As a part of the requirement of the Program, any successful applicant must obtain an Occupancy Permit for the development prior to being eligible to receive the approved incentives. Mr. Cavanagh has completed the redevelopment of 36 St. James Street, with the exception of the provision of one accessible parking space which he intends to develop in the spring once the weather is warm enough to install asphalt. The proposed amendment to the Development Incentives Program allows Mr. Cavanagh to gain access to a portion of the amount owed to him upon completion of the project, while retaining some funds that will not be released until the parking space has been provided. WA -2 - PREVIOUS RESOLUTION On March 21, 2016, Council adopted the Urban Development Incentive Policy, a three-year pilot that contained a suite of grants including: vacant buildings, infill, and upper floors residential grants, in addition to a beautification grant program for the Central Peninsula. STRATEGIC ALIGNMENT Common Council adopted a set of Priorities for 2016-2020. Under "Growth & Prosperity," goals include driving development in accordance with PlanSJ that creates density required for efficient infrastructure and services. REPORT Mr. Cavanagh has successfully completed the redevelopment of the Salvation Army building located at 36 St. James Street, with the exception of one accessible parking space that remains outstanding. The space is proposed to be located to the east of the development, approximately 20 metres from the main entrance (see attached site plan). The City's Zoning By-law requires one accessible space to be provided in a development that requires 25 off-street parking spaces or fewer. This phase of the project to redevelop 36 St. James Street consists of 20 residential units, which results in a minimum parking requirement of 16 spaces for the site. One of those spaces must be a space dedicated as accessible parking. The applicant has indicated that he is planning to develop the accessible space as required by the By-law, and as illustrated on the approved site plan, as soon as the weather is warm enough to install asphalt and curbing. In the meantime, however, the applicant has requested that the City payout the portions of the approved Development Incentive Program that were specifically targeted to "Construction Challenges" and the "Building Permit Rebate", which amount to $50,000 and $10,000 respectively. The remaining funds that pertain to the base incentive program, totaling $107,386, which are paid out over the course of a five-year payback period, will be held until such a time as staff can confirm that Mr. Cavanagh has provided the required accessible parking space. SERVICE AND FINANCIAL OUTCOMES Common Council, through adoption of the General Fund operating budget, allocated $170,000 to the Urban Development Incentive Program for 2019. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Agreement amendment was reviewed by the Solicitor's Office for input. W ATTACHMENTS Attachment 1— Revised Agreement Attachment 2 —Approved Site Plan 0&1 -3 - BY AND BETWEEN: and Mike Cavanagh Homes Inc. of the City of Saint John, in the County of Saint John and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the Developer and the City entered into a Grant Agreement dated July 10, 2018 in respect of the property bearing PIDs 00001750, 00001743, 00001685, 00001677 and 00002394; AND WHEREAS the parties wish to confirm their understanding in respect of the release of payments to be made under the Residential Density Grant; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: As of the date hereof, the following element is still outstanding: (a) The provision of one accessible parking space, as per the approved site plan, is required (January 2020) (the "Outstanding Element°). 2. The Developer acknowledges that the first payment under the Residential Density Grant, due to be delivered in July of 2020, and any subsequent payments if necessary, shall be delayed and not be released by the City until such time as the Developer has completed the Outstanding Element to the satisfaction of the City. Following completion of the Outstanding Element, the withheld payments shall be released and any subsequent payments, if any, shall be released as scheduled in accordance with the terms of the Grant Agreement. This Agreement has been executed by the parties as of the day and year first above written. Mike Cavanagh Homes Inc. Per: Mike Cavang , President 71V The City of Saint John Per: Mayor Per: Common Clerk Resolution Date: BY AND BETWEEN: Mike Cavanagh Homes Inc. of the City of Saint John, in the County of Saint John and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the Developer and the City entered into a Grant Agreement dated July 10, 2018 in respect of the property bearing PIDs 00001750, 00001743, 00001685, 00001677 and 00002394; AND WHEREAS the parties wish to confirm their understanding in respect of the release of payments to be made under the Residential Density Grant; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: As of the date hereof, the following element is still outstanding: (a) The provision of one accessible parking space, as per the approved site plan, is required (January 2020) (the "Outstanding Element"). 2. The Developer acknowledges that the first payment under the Residential Density Grant, due to be delivered in July of 2020, and any subsequent payments if necessary, shall be delayed and not be released by the City until such time as the Developer has completed the Outstanding Element to the satisfaction of the City. Following completion of the Outstanding Element, the withheld payments shall be released and any subsequent payments, if any, shall be released as scheduled in accordance with the terms of the Grant Agreement. This Agreement has been executed by the parties as of the day and year first above written. 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C? w 0 - co bo z cn ots N COUNCIL REPORT M&C No. 2020-61 Report Date February 18, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Easement No. 238 from Saint John Port Authority at Robertson Square for Sewer Outfall OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That The City of Saint John acquire from Saint John Port Authority, an Easement (No. 238) for a sewer outfall through lands being PID # 55151534 upon the terms and conditions contained in the agreement, attached to M&C 2020-61; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY The City of Saint John has a number of lease agreements with the Saint John Port Authority (SJPA) for the placement of various storm or sewer infrastructures or right-of-ways on Port land. There are approximately 10 such leases that require frequent hands-on administration responsibilities to ensure these leases are up to date and that their annual fees are paid in full. Rather than a renewal of lease, the SJPA has provided an easement document to the City to allow a sewer outfall in and through a "water" lot, situated at the end of Main Street. The legal document has essentially all of the same terms and conditions as the previous lease but there will be no termination date, unlike the lease document. This new agreement will provide a more efficient method to administer the land rights between the City and SJPA. City staff has reviewed the document and are in agreement with the terms and conditions. K-11 -2 - PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Implement policies that maintain and protect the quality and integrity of the City's infrastructure assets. REPORT The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a variety of sub -surface infrastructure and surface right-of-ways which cross at various locations under and along Port property. Easement No. 238 provides for a sewer outfall in and through Port property in the City's North -End at the end of Main Street. An agreement between the City and the SJPA for this outfall has existed since 1980. Municipal Operations has stated the need to retain this easement and therefore an ongoing agreement is necessary. The lease agreement that exists with the SJPA is outdated and there is a consensus with City staff to change this over to an easement document which would better suit the needs of both parties by reducing staff time to administer the agreement as there would be no renewal terms to consider. The proposed easement is one of several that will be presented to Council to facilitate the change from lease documents to easements. A similar document for another easement with the Port was approved by Council in 2016. The City's Legal Department has been provided a copy of the attached agreement for their input. SERVICE AND FINANCIAL OUTCOMES The continued administration of the proposed easement will require less staff time to administer the legal document on a go forward basis. The current annual fee for this easement is $325.00 with increases to be based on CPI. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff, including Municipal Operation has reviewed and endorse the attached easement document. ATTACHMENT Easement document for Robertson Square. Wel EASEMENT ROBERTSON SQUARE SEWER OUTFALL Parcel Identifier of Parcel Burdened by Easement: 55151534 THIS INDENTURE made as of this _ day of , 2020; BY AND BETWEEN: Saint John Port Authority a Corporation duly incorporated pursuant to Letters Patent dated May 1, 1999, issued under the Canada Marine Act having its registered office at: 111 Water Street Saint John NB E21- 0131 (hereinafter, the "grantor") OF THE FIRST PART -and- The City of Saint John a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at: 15 Market Square Saint John, NB E21- 1 E8 (hereinafter, the "grantee") WHEREAS: OF THE SECOND PART A. the grantor has agreed to provide to the grantee an easement upon the terms and conditions hereinafter set out; and B. the grantee has approved the acquisition of the herein described easement in a resolution adopted at a meeting of the Common Council of The City of Saint John held the _ day of , 2020; NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties hereby mutually covenant and agree as follows: The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to the grantee, its successors and assigns, the rights, licenses, liberties, privileges and easements to the easement area (as defined in Schedule "A" attached hereto) the purposes of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing a sewer outfall and grantee shall have access to the easement area at all times by its servants, employees, workers, agents and contractors along with the necessary machinery, material, vehicles and equipment as same may be required by the grantee, from time to time, from the date hereof and for so long thereafter as the grantee desires to exercise the rights and privileges hereby given. 1. The grantor shall not, without the prior written consent of the grantee, wnicn consent will not be unreasonably withheld, install, erect or permit to be installed or erected on or under the easement area any foundation or other building or structure which impairs the free and full use of the easement area for the purposes set out herein, but otherwise the grantors shall have the right fully to use and enjoy the easement area. Notwithstanding the foregoing, the grantor may not install, erect or permit to be installed or erected on the portion of the easement area above the sewer outfall any foundation or other building or structure. For certainty, this prohibition does not extend to such foundations or other buildings, structures or installations, if any, present on or under the easement area as of the date of this Indenture, including replacement or repair of same, and the grantee hereby consents to the installation and erection of such foundations, buildings, structures and installations. 2. The grantee will perform and observe the covenants and conditions on its part to be performed and observed, shall and may peaceably hold and enjoy the rights, liberties, privileges and easements hereby covenanted without hindrance, molestation or interruption on the part of the grantor or of any person, firm or corporation claiming by, through, under or in trust for the grantor. 3. The grantee will not cause any interference with the use of the lands, premises and parcel(s) burdened by the easement including, without limitation, access, ingress, egress and regress to and from the such lands, premises and parcel(s) by the grantor and its directors, employees, agents, tenants, invitees and licensees. 4. The grantee shall comply with all laws, directions, rules and regulations of all governmental authorities having jurisdiction and with all rules, directions and restrictions relating to access, safety or security applicable on the lands, premises and parcel(s) burdened by the easement as designated, updated, replaced or supplemented by the grantee from time to time. 5. In the event the grantee should be required to excavate or carry out any other work for the purpose of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer outfall, the grantee shall promptly restore as far as is practicable the area being excavated or otherwise affected to that condition which it was in prior to the excavation or work. 6. The grantee shall at all times, at its expense, keep and maintain the sewer outfall in a safe condition and good state of repair. 7. The grantee is responsible to maintain the chain link fence and rock surface in a safe and reasonable manner. 8. The grantee will from time to time at its expense, repair any erosion or deterioration of the lands, premises and parcel(s) burdened by the easement required by reason of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer outfall. 9. On the date first written above and thereafter on the first day of January of each calendar year for so long as this easement remains in effect the grantee will pay to the grantor, at the address written above or as otherwise directed by the grantor from time to time, $325.00 plus any applicable sales tax, harmonized sales tax, goods and services tax, excise tax, value added tax and any other tax applicable thereto payable. Commencing on January 1, 2020 and on January 1 for each calendar year thereafter the amount payable as aforesaid shall be equal to the amount payable in the previous calendar year as adjusted in proportion to the amount of change in the average (January to December) Consumer Price Index for New Brunswick, All Items (Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price Index is no longer published or is not published for the relevant period or time, an index published in substitution for such Consumer Price Index or for such relevant period or time, or any comparable replacement index designated by the grantor, acting reasonably ("CPI"), for such year and the previous calendar year. If any calculation is required to be made under this Indenture based on the CPI as at a particular date or for a particular period and the CPI for such date or period is not without in any manner restricting or arrecting the generality of -.)eciion b nereot, n is hereby expressly provided that if any structure or installation constructed or erected by the grantee at any time (including, without limitation, prior to the date of this Indenture) on or in the easement area be at any time destroyed or partially destroyed and the grantee shall fail within the period of eighteen (18) months after such destruction to rebuild the same at the grantee's own expense and in a manner satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this Indenture and all rights of the grantee hereunder on ninety (90) days prior written notice to the grantee. 11. Notwithstanding anything else herein contained, the grantee shall have the option to terminate this Indenture at any time, provided that it gives the grantor at least ninety (90) days' prior written notice of its intention to exercise this right. 12. As of and from the date of this Indenture, the grantee hereby assigns and surrenders to the grantor that certain agreement (as amended, restated, replaced, supplemented, renewed or extended from time to time, including any overholding thereunder, whether or not implied or permitted, the "prior lease") dated as of 1st day of October, 1986, between the Canada Ports Corporation, as predecessor to the grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor those lands and premises (the "demised premise") on which the sewer outfall of the grantee that is the subject matter of this Indenture is now located and the demised premises to the grantor, to the intent that the unexpired residue of the term created by the prior lease, and all estate and interest of the grantee in the demised premises under or by virtue of the prior lease, may be merged and extinguished in the reversion of the demised premises and the prior lease shall be cancelled, terminated and surrendered with effect only from and after the date hereof. 13. As from the date of cancellation or termination of this Indenture (by reason of default by the grantee or pursuant to any right of the grantor or grantee to cancel or terminate this Indenture), this Indenture and all rights of the grantee hereunder shall absolutely cease and determine without re-entry or any other act or suit or legal proceedings to be brought or taken, and the grantee shall, upon such cancellation or termination, deliver a surrender and termination of this Indenture in a form acceptable to the grantor and immediately and at the grantee's own expense: (a) remove from the easement area any and all such property as constructed, erected, made, brought or placed thereon by the grantee (upon which removal any property so removed shall vest in the grantee); or (b) in the case of the sewer outfall, at the option of the grantee, stop up and decommission the sewer outfall line in place in accordance with the best practices then in effect in the City of Saint John and in accordance with applicable law and promptly restore as far as is practicable the easement area to as good order and condition as prevailed prior to the commencement of the term of the prior lease and in the event of the failure of the grantee so to do with reasonable expedition, in the grantor's sole discretion, the grantor may effect such removal and restoration at the grantee's own risk and expense. Notwithstanding anything to the contrary, the grantee shall not by reason of any action taken or things performed or required under this Section be entitled to any compensation, reimbursement or indemnity whatsoever. 14. Notwithstanding any other provision in this Indenture contained for cancellation or termination hereof, it is agreed that if public purposes, which public purposes shall be deemed to include any arising in connection with the administration by the grantor of the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of the grantor) or other public work concerned and also any arising in connection with any project or operation of any other Federal authority or of any Provincial or municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this Indenture or the rights granted in favour of the grantee hereby in respect of all or any portion of the easement area, the grantor may effect such cancellation upon ninety (90) days' written notice to the grantee, in which event the grantor shall pay to the grantee the relocation costs incurred by the grantee on or in that portion of the arbitrators tnus appointed the tnira, ana it the grantee snap, aver two weeKs notice, fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator within two weeks from their own appointment, then in either of such cases the foregoing provisions for arbitration shall be deemed void and the fair value as aforesaid may be decided as a question of fact by the Federal Court (as defined in the Canada Marine Act} upon reference of such question thereto by the grantor, acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED ALWAYS that nothing hereinbefore in this Section contained shall be construed as extending to any fixture for which, prior to the date of this Indenture or the application of this Section, consideration or compensation has already been received by any person from Her Majesty in right of Canada, Her predecessors, or any servant or agent (including the grantor) of Her Majesty or Her predecessors. 15. The grantee will indemnify and hold harmless the grantor and its directors, employees, agents, tenants, invitees and licensees from and against any and all claims, demands, actions, causes of action, costs, losses, liabilities, awards, proceedings or expenses suffered or incurred by such party or is liable for by reason of the acts or omissions of the grantee, its officers, employees and subcontractors and others for whom in law the grantee is responsible resulting from or arising out of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing of the sewer line outfall or otherwise in exercise of the grantee's rights and obligations hereunder. 16. This easement is, and shall be of the same force and effect to all intents and purposes as a covenant running with the land and these presents, including all the covenants and conditions herein contained, shall extend to, be binding upon and ensure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed as of the day and year first above written. SIGNED, SEALED AND DELIVERED Saint John Port Authority in the presence of: Per: Name: Title: Per: Name: Title: The City of Saint John Per: Name: Title: Per: Name: Title: All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, known and distinguished as that parcel identified as Robertson Square Sewer Easement containing an area of sixty square metres (60m2) (the "easement area") as shown upon the plan identified as H-03-030 dated October 3, 1980, a copy of which is attached hereto. (.D.O ..* QtuE-R R tiGH'r CW W QY.. O or M I Qu') PIPE: Pu 15L-1 C- 15 15 uAFt E. � I L_ I v 1 LEASED /AREA OWN ,ED NATIONAL HARBOURS BOARD Z SAINT JOHN HARBOUR C. T T Or 5A9wT .J.'.. Sa.. w Ewww,,Ro%wvmo-a U. I MADE rr S. M. awt is a so CHH By DATE 0. 2.1986 COUNCIL REPORT M&C No. 2020-60 Report Date February 18, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Easement No. 57 from Saint John Port Authority at St. John/Minnette Streets OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That The City of Saint John acquire from Saint John Port Authority, an Easement (No. 57) for access purposes through lands being PID # 55151351 upon the terms and conditions contained in the agreement, attached to M&C 2020-60; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY The City of Saint John has a number of lease agreements with the Saint John Port Authority (SJPA) for the placement of various storm or sewer infrastructures or right-of-ways on Port land. There are approximately 10 such leases that require frequent hands-on administration responsibilities to ensure these leases are up to date and that their annual fees are paid in full. Rather than a renewal of lease, the SJPA has provided an easement document to the City to allow access by City vehicles over land that connects St. John Street and Minnette Street. This access reduces wear and tear on City vehicles and provides efficiencies for services rendered. The legal document has essentially all of the same terms and conditions as the previous lease but there will be no termination date, unlike the lease document. This new agreement will provide a more efficient method to administer the land rights between the City and SJPA. City staff has reviewed the document and are in agreement with the terms and conditions. 01.1 -2 - PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Implement policies that maintain and protect the quality and integrity of the City's infrastructure assets. REPORT The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a variety of sub -surface infrastructure and surface right-of-ways which cross at various locations under and along Port property. Easement No. 57 provides access through the Port land in West Saint John between St. John Street and Minnette Street. An agreement between the City and the SJPA has existed since the 1930's. Municipal Operations has stated the need to retain this access for service efficiencies and therefore an ongoing agreement is necessary. The lease agreement that exists with the SJPA is outdated and there is a consensus with City staff to change this over to an easement document which would better suit the needs of both parties by reducing staff time to administer the agreement as there would be no renewal terms to consider. The proposed easement is one of several that will be presented to Council to facilitate the change from lease documents to easements. A similar document for another easement with the Port was approved by Council in 2016. The City's Legal Department has been provided a copy of the attached agreement for their input. SERVICE AND FINANCIAL OUTCOMES The continued administration of the proposed easement will require less staff time to administer the legal document on a go forward basis. The current annual fee for this easement is $335.00 with increases to be based on CPI. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff, including Municipal Operation has reviewed and endorse the attached easement document. ATTACHMENT Easement document for St. John/Minnette Street. Kul EASEMENT ST. JOHN STREET/ MINNETTE STREET Parcel Identifier of Parcel Burdened by Easement: 55151351 THIS INDENTURE made as of this ^ day of , 2020; BY AND BETWEEN: Saint John Port Authority a Corporation duly incorporated pursuant to Letters Patent dated May 1, 1999, issued under the Canada Marine Act having its registered office at: 111 Water Street Saint John NB E21- 0131 (hereinafter, the "grantor") OF THE FIRST PART -and- The City of Saint John a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at: 15 Market Square Saint John, NB E21- 1 E8 (hereinafter, the "grantee") WHEREAS: OF THE SECOND PART A. the grantor has agreed to provide to the grantee an easement upon the terms and conditions hereinafter set out; and B. the grantee has approved the acquisition of the herein described easement in a resolution adopted at a meeting of the Common Council of The City of Saint John held the _ day of , 2020; NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties hereby mutually covenant and agree as follows: The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to the grantee, its successors and assigns, the rights, licenses, liberties, privileges and easements to the easement area (as defined in Schedule "A" attached hereto) the purposes of access by City vehicles to the easement area at all times by its servants, employees, workers, agents and contractors along with the necessary machinery, material, vehicles and equipment as same may be required by the grantee, from time to time, from the date hereof and for so long thereafter as the grantee desires to exercise the rights and privileges hereby given. The rights and privileges hereby given are subject to the following terms and conditions which are mutually covenanted and agreed to between the parties hereto: moiestation or interruption on the part or ine grantor or or any corporation claiming by, through, under or in trust for the grantor. 2. The grantee will not cause any interference with the use of the lands, premises and parcel(s) burdened by the easement including, without limitation, access, ingress, egress and regress to and from the such lands, premises and parcel(s) by the grantor and its directors, employees, agents, tenants, invitees and licensees. 3. The grantee shall comply with all laws, directions, rules and regulations of all governmental authorities having jurisdiction and with all rules, directions and restrictions relating to access, safety or security applicable on the lands, premises and parcel(s) burdened by the easement as designated, updated, replaced or supplemented by the grantee from time to time. 4. The grantee shall at all times, at its expense, keep and maintain the street(s) in a safe condition and good state of repair. 5. The grantee will from time to time at its expense, repair any erosion or deterioration of the lands, premises and parcel(s) burdened by the easement required by reason of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing St. John Street or Minnette Street. 6. On the date first written above and thereafter on the first day of January of each calendar year for so long as this easement remains in effect the grantee will pay to the grantor, at the address written above or as otherwise directed by the grantor from time to time, $335.00 plus any applicable sales tax, harmonized sales tax, goods and services tax, excise tax, value added tax and any other tax applicable thereto payable. Commencing on January 1, 2020 and on January 1 for each calendar year thereafter the amount payable as aforesaid shall be equal to the amount payable in the previous calendar year as adjusted in proportion to the amount of change in the average (January to December) Consumer Price Index for New Brunswick, All Items (Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price Index is no longer published or is not published for the relevant period or time, an index published in substitution for such Consumer Price Index or for such relevant period or time, or any comparable replacement index designated by the grantor, acting reasonably ("CPI"), for such year and the previous calendar year. If any calculation is required to be made under this Indenture based on the CPI as at a particular date or for a particular period and the CPI for such date or period is not available as at the time such calculation is required to be made, the grantor, acting reasonably, shall be entitled to estimate the CPI, for the purposes of such calculation, subject to adjustment following the CPI, for the relevant date or period, becoming available. 7. Notwithstanding anything else herein contained, the grantee shall have the option to terminate this Indenture at any time, provided that it gives the grantor at least ninety (90) days' prior written notice of its intention to exercise this right. 8. As of and from the date of this Indenture, the grantee hereby assigns and surrenders to the grantor that certain agreement (as amended, restated, replaced, supplemented, renewed or extended from time to time, including any overholding thereunder, whether or not implied or permitted, the "prior lease") dated as of 15' day of October, 2004 between the Saint John Port Authority, as predecessor to the grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor those lands and premises (the "demised premise") on which the street(s) of the grantee that is the subject matter of this Indenture is now located and the demised premises to the grantor, to the intent that the unexpired residue of the term created by the prior lease, and all estate and interest of the grantee in the demised premises under or by virtue of the prior lease, may be merged and extinguished in the reversion of the demised premises and the prior lease shall be cancelled, terminated and surrendered with effect only from and after the date hereof. 9. As from the date of cancellation or termination of this Indenture (by reason of default by the grantee or pursuant to any right of the grantor or grantee to cancel or a_..___..__a_ aL:_ 1_J—.tea....-1 al_:_ I—J—tea....— --J ..11 ....4.a.. wL a4... .....«a.... 4...............1........L-11 termination, deliver a surrender and termination OT Tills inaeniure in acceptable to the grantor and immediately and at the grantee's own expense: remove from the easement area any and all such property as constructed, erected, made, brought or placed thereon by the grantee (upon which removal any property so removed shall vest in the grantee); in accordance with the best practices then in effect in the City of Saint John and in accordance with applicable law and promptly restore as far as is practicable the easement area to as good order and condition as prevailed prior to the commencement of the term of the prior lease and in the event of the failure of the grantee so to do with reasonable expedition, in the grantor's sole discretion, the grantor may effect such removal and restoration at the grantee's own risk and expense. Notwithstanding anything to the contrary, the grantee shall not by reason of any action taken or things performed or required under this Section be entitled to any compensation, reimbursement or indemnity whatsoever. 10. Notwithstanding any other provision in this Indenture contained for cancellation or termination hereof, it is agreed that if public purposes, which public purposes shall be deemed to include any arising in connection with the administration by the grantor of the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of the grantor) or other public work concerned and also any arising in connection with any project or operation of any other Federal authority or of any Provincial or municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this Indenture or the rights granted in favour of the grantee hereby in respect of all or any portion of the easement area, the grantor may effect such cancellation upon ninety (90) days' written notice to the grantee, in which event the grantor shall pay to the grantee the relocation costs incurred by the grantee on or in that portion of the easement area covered by such notice and still situate thereon at the time of the giving of such notice, such relocation costs to be determined, in case of dispute, by a single arbitrator, if the grantor and the grantee agree upon one, otherwise by three arbitrators of whom the grantor shall appoint one, the grantee one, and the two arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice, fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator within two weeks from their own appointment, then in either of such cases the foregoing provisions for arbitration shall be deemed void and the fair value as aforesaid may be decided as a question of fact by the Federal Court (as defined in the Canada Marine Act} upon reference of such question thereto by the grantor, acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED ALWAYS that nothing hereinbefore in this Section contained shall be construed as extending to any fixture for which, prior to the date of this Indenture or the application of this Section, consideration or compensation has already been received by any person from Her Majesty in right of Canada, Her predecessors, or any servant or agent (including the grantor) of Her Majesty or Her predecessors. 11. The grantee will indemnify and hold harmless the grantor and its directors, employees, agents, tenants, invitees and licensees from and against any and all claims, demands, actions, causes of action, costs, losses, liabilities, awards, proceedings or expenses suffered or incurred by such party or is liable for by reason of the acts or omissions of the grantee, its officers, employees and subcontractors and others for whom in law the grantee is responsible resulting from or arising out of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing of the street(s) or otherwise in exercise of the grantee's rights and obligations hereunder. 12. This easement is, and shall be of the same force and effect to all intents and purposes as a covenant running with the land and these presents, including all the covenants and conditions herein contained, shall extend to, be binding upon and ensure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the partes nereto n2 executed as of the day and year first above written. SIGNED, SEALED AND DELIVERED Saint John Port Authority in the presence of: Per: _ Name: Title: Per: Name: Title: The City of Saint John Per: Name: Title: Per: Name: Title: All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint .john, in the County of Saint John, in the Province of New Brunswick, known and distinguished as that parcel identified as Roadway Easement & Right of Way St. John and Minette Streets containing an area of five hundred and eighty-four square metres (584 m2) (the "easement area") as shown upon the plan identified as B-05-0507 dated November 2, 2004, a copy of which is attached hereto. Ej EASEMENT AREA HATCHED +/- 584 m2 COUNCIL REPORT M&C No. 2020-62 Report Date February 18, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Easement No. 192 from Saint John Port Authority at Courtenay Bay for Sewer Outfall OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That The City of Saint John acquire from Saint John Port Authority, an Easement (No. 192) for a sewer outfall through lands being PID # 55037758 upon the terms and conditions contained in the agreement, attached to M&C 2020-62; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY The City of Saint John has a number of lease agreements with the Saint John Port Authority (SJPA) for the placement of various storm or sewer infrastructures or right-of-ways on Port land. There are approximately 10 such leases that require frequent hands-on administration responsibilities to ensure these leases are up to date and that their annual fees are paid in full. Rather than a renewal of lease, the SJPA has provided an easement document to the City to allow a sewer outfall in and through a parcel, situated at the western end of the Courtenay Bay Causeway. The legal document has essentially all of the same terms and conditions as the previous lease but there will be no termination date, unlike the lease document. This new agreement will provide a more efficient method to administer the land rights between the City and SJPA. City staff has reviewed the document and are in agreement with the terms and conditions. !ElI -2 - PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Implement policies that maintain and protect the quality and integrity of the City's infrastructure assets. REPORT The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a variety of sub -surface infrastructure and surface right-of-ways which cross at various locations under and along Port property. Easement No. 192 provides for a sewer outfall in and through Port property at the western end of Courtenay Bay Causeway. An agreement between the City and the SJPA for this outfall has existed since 1985. Municipal Operations has stated the need to retain this easement and therefore an ongoing agreement is necessary. The lease agreement that exists with the SJPA is outdated and there is a consensus with City staff to change this over to an easement document which would better suit the needs of both parties by reducing staff time to administer the agreement as there would be no renewal terms to consider. The proposed easement is one of several that will be presented to Council to facilitate the change from lease documents to easements. A similar document for another easement with the Port was approved by Council in 2016. The City's Legal Department has been provided a copy of the attached agreement for their input. SERVICE AND FINANCIAL OUTCOMES The continued administration of the proposed easement will require less staff time to administer the legal document on a go forward basis. The current annual fee for this easement is $2,167.00 with increases to be based on CPI. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff, including Municipal Operation has reviewed and endorse the attached easement document. ATTACHMENT Easement document for Courtenay Bay. !1'7 EASEMENT COURTENAY BAY 42 INCH SEWER LINE OUTFALL Parcel Identifier of Parcel Burdened by Easement: 55037758 THIS INDENTURE made as of this _ day of , 2020; BY AND BETWEEN: Saint John Port Authority a Corporation duly incorporated pursuant to Letters Patent dated May 1, 1999, issued under the Canada Marine Act having its registered office at: 111 Water Street Saint John NB E21- 0131 (hereinafter, the "grantor") OF THE FIRST PART -and- The City of Saint John a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at: 15 Market Square Saint John, NB E21- 1 E8 (hereinafter, the "grantee") WHEREAS: OF THE SECOND PART A. the grantor has agreed to provide to the grantee an easement upon the terms and conditions hereinafter set out; and B. the grantee has approved the acquisition of the herein described easement in a resolution adopted at a meeting of the Common Council of The City of Saint John held the _ day of , 2020; NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties hereby mutually covenant and agree as follows: The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to the grantee, its successors and assigns, the rights, licenses, liberties, privileges and easements to the easement area (as defined in Schedule "A" attached hereto) the purposes of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing a sewer line outfall and grantee shall have access to the easement area at all times by its servants, employees, workers, agents and contractors along with the necessary machinery, material, vehicles and equipment as same may be required by the grantee, from time to time, from the date hereof and for so long thereafter as the grantee desires to exercise the rights and privileges hereby given. The rights and privileges hereby given are subject to the following terms and conditions which are mutually covenanted and agreed to between the parties hereto: impairs the tree anal full use of the easement area for the purposes set out herein, but otherwise the grantors shall have the right fully to use and enjoy the easement area. Notwithstanding the foregoing, the grantor may not install, erect or permit to be installed or erected on the portion of the easement area above the sewer line outfall any foundation or other building or structure. For certainty, this prohibition does not extend to such foundations or other buildings, structures or installations, if any, present on or under the easement area as of the date of this Indenture, including replacement or repair of same, and the grantee hereby consents to the installation and erection of such foundations, buildings, structures and installations. 2. The grantee will perform and observe the covenants and conditions on its part to be performed and observed, shall and may peaceably hold and enjoy the rights, liberties, privileges and easements hereby covenanted without hindrance, molestation or interruption on the part of the grantor or of any person, firm or corporation claiming by, through, under or in trust for the grantor. 3. The grantee will not cause any interference with the use of the lands, premises and parcel(s) burdened by the easement including, without limitation, access, ingress, egress and regress to and from the such lands, premises and parcel(s) by the grantor and its directors, employees, agents, tenants, invitees and licensees. 4. The grantee shall comply with all laws, directions, rules and regulations of all governmental authorities having jurisdiction and with all rules, directions and restrictions relating to access, safety or security applicable on the lands, premises and parcel(s) burdened by the easement as designated, updated, replaced or supplemented by the grantee from time to time. 5. In the event the grantee should be required to excavate or carry out any other work for the purpose of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer line outfall, the grantee shall promptly restore as far as is practicable the area being excavated or otherwise affected to that condition which it was in prior to the excavation or work. 6. The grantee shall at all times, at its expense, keep and maintain the sewer line outfall in a safe condition and good state of repair. 7. The grantee will from time to time at its expense, repair any erosion or deterioration of the lands, premises and parcel(s) burdened by the easement required by reason of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer line outfall. 8. On the date first written above and thereafter on the first day of January of each calendar year for so long as this easement remains in effect the grantee will pay to the grantor, at the address written above or as otherwise directed by the grantor from time to time, $2,167.00 plus any applicable sales tax, harmonized sales tax, goods and services tax, excise tax, value added tax and any other tax applicable thereto payable. Commencing on January 1, 2020 and on January 1 for each calendar year thereafter the amount payable as aforesaid shall be equal to the amount payable in the previous calendar year as adjusted in proportion to the amount of change in the average (January to December) Consumer Price Index for New Brunswick, All Items (Not Seasonally Adjusted) issued by Statistics Canada or, if such Consumer Price Index is no longer published or is not published for the relevant period or time, an index published in substitution for such Consumer Price Index or for such relevant period or time, or any comparable replacement index designated by the grantor, acting reasonably ("CPI"), for such year and the previous calendar year. If any calculation is required to be made under this Indenture based on the CPI as at a particular date or for a particular period and the CPI for such date or period is not available as at the time such calculation is required to be made, the grantor, acting reasonably, shall be entitled to estimate the CPI, for the purposes of such calculation, subject to adjustment following the CPI, for the relevant date or period, becoming available. 9. Without in any manner restricting or affecting the generality of Section 6 hereof, it is aL_a U ____ _a_.._a_.__ _._ `__i_11_i:__ aestruction to repuna ine same ai the grantees own expense ana in a manner satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this Indenture and all rights of the grantee hereunder on ninety (90) days prior written notice to the grantee. 10. Notwithstanding anything else herein contained, the grantee shall have the option to terminate this Indenture at any time, provided that it gives the grantor at least ninety (90) days' prior written notice of its intention to exercise this right. 11. As of and from the date of this Indenture, the grantee hereby assigns and surrenders to the grantor that certain agreement (as amended, restated, replaced, supplemented, renewed or extended from time to time, including any overholding thereunder, whether or not implied or permitted, the "prior lease") dated as of 11, day of January, 1985, between the Canada Ports Corporation, as predecessor to the grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor those lands and premises (the "demised premise") on which the sewer outfall of the grantee that is the subject matter of this Indenture is now located and the demised premises to the grantor, to the intent that the unexpired residue of the term created by the prior lease, and all estate and interest of the grantee in the demised premises under or by virtue of the prior lease, may be merged and extinguished in the reversion of the demised premises and the prior lease shall be cancelled, terminated and surrendered with effect only from and after the date hereof. 12. As from the date of cancellation or termination of this Indenture (by reason of default by the grantee or pursuant to any right of the grantor or grantee to cancel or terminate this Indenture), this Indenture and all rights of the grantee hereunder shall absolutely cease and determine without re-entry or any other act or suit or legal proceedings to be brought or taken, and the grantee shall, upon such cancellation or termination, deliver a surrender and termination of this Indenture in a form acceptable to the grantor and immediately and at the grantee's own expense: (a) remove from the easement area any and all such property as constructed, erected, made, brought or placed thereon by the grantee (upon which removal any property so removed shall vest in the grantee); or (b) in the case of the sewer line outfall, at the option of the grantee, stop up and decommission the sewer line outfall in place in accordance with the best practices then in effect in the City of Saint John and in accordance with applicable law and promptly restore as far as is practicable the easement area to as good order and condition as prevailed prior to the commencement of the term of the prior lease and in the event of the failure of the grantee so to do with reasonable expedition, in the grantor's sole discretion, the grantor may effect such removal and restoration at the grantee's own risk and expense. Notwithstanding anything to the contrary, the grantee shall not by reason of any action taken or things performed or required under this Section be entitled to any compensation, reimbursement or indemnity whatsoever. 13. Notwithstanding any other provision in this Indenture contained for cancellation or termination hereof, it is agreed that if public purposes, which public purposes shall be deemed to include any arising in connection with the administration by the grantor of the Port of Saint John (as defined in the Canada Marine Act or the Letters Patent of the grantor) or other public work concerned and also any arising in connection with any project or operation of any other Federal authority or of any Provincial or municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this Indenture or the rights granted in favour of the grantee hereby in respect of all or any portion of the easement area, the grantor may effect such cancellation upon ninety (90) days' written notice to the grantee, in which event the grantor shall pay to the grantee the relocation costs incurred by the grantee on or in that portion of the easement area covered by such notice and still situate thereon at the time of the giving of such notice, such relocation costs to be determined, in case of dispute, by a single arbitrator, if the grantor and the grantee agree upon one, otherwise by three arbitrators of whom the grantor shall appoint one, the grantee one, and the two arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice, the c;anaGa Marne Acrd upon reverence or sucn question inereto Dy ine grantor, acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED ALWAYS that nothing hereinbefore in this Section contained shall be construed as extending to any fixture for which, prior to the date of this indenture or the application of this Section, consideration or compensation has already been received by any person from Her Majesty in right of Canada, Her predecessors, or any servant or agent (including the grantor) of Her Majesty or Her predecessors. 14. The grantee will indemnify and hold harmless the grantor and its directors, employees, agents, tenants, invitees and licensees from and against any and all claims, demands, actions, causes of action, costs, losses, liabilities, awards, proceedings or expenses suffered or incurred by such party or is liable for by reason of the acts or omissions of the grantee, its officers, employees and subcontractors and others for whom in law the grantee is responsible resulting from or arising out of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing of the sewer line outfall or otherwise in exercise of the grantee's rights and obligations hereunder. 15. This easement is, and shall be of the same force and effect to all intents and purposes as a covenant running with the land and these presents, including all the covenants and conditions herein contained, shall extend to, be binding upon and ensure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed as of the day and year first above written. SIGNED, SEALED AND DELIVERED Saint John Port Authority in the presence of: Per: Name: Title: Per: Name: Title: The City of Saint John Per: Name: Title: Per: Name: Title: All those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, known and distinguished as that parcel identified as Courtenay Bay Sewer Outfall containing an area of five thousand one hundred eighty four square metres {5,184 m2} (the "easement area") as shown upon the plan identified as B-3-221 dated December 19, 1984, a copy of which is attached hereto. MTO C/Tf� OF S�l�lOHN�f �� :,P.oRTs_rdCfi�trR,v.4 Molcofw*r, COUNCIL REPORT M&C No. 2020-63 Report Date February 18, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Easement No. 359 from Saint John Port Authority at Rodney Terminal OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That The City of Saint John acquire from Saint John Port Authority, an Easement for a trunk sewer in lands being PID # 55151351 upon the terms and conditions contained in the agreement, attached to M&C 2020-63; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY The City of Saint John has a number of lease agreements with the Saint John Port Authority (SJPA) for the placement of various storm or sewer infrastructures or right-of-ways on Port land. There are approximately 10 such leases that require frequent hands-on administration responsibilities to ensure these leases are up to date and that their annual fees are paid in full. Rather than a lease renewal, the SJPA has provided an easement document to the City for the Rodney Terminal trunk sewer infrastructure. The legal document has essentially all of the same terms and conditions as the previous lease but there will be no termination date, unlike the lease document. This new agreement will provide a more efficient method to administer the land rights between the City and SJPA. City staff has reviewed the document and are in agreement with the terms and conditions. PREVIOUS RESOLUTION N/A 61 -2 - STRATEGIC ALIGNMENT Implement policies that maintain and protect the quality and integrity of the City's infrastructure assets. REPORT The City of Saint John leases from the Saint John Port Authority (SJPA) rights for a variety of sub -surface infrastructure and surface right-of-ways which cross at various locations under and along Port property. Lease # 359 contains a trunk sewer line that runs through the Port land in West Saint John from City Line to Market Place. Municipal Operations has stated the need to retain this trunk sewer line and therefore, an ongoing agreement is necessary. The lease agreement that exists with the SJPA is outdated and there is a consensus with City staff to change this over to an easement document which would better suit the needs of both parties by reducing staff time to administer the agreement as there would be no renewal terms to consider. The proposed easement is one of several that will be presented to Council to facilitate the change from lease documents to easements. A similar document for another easement with the Port was approved by Council in 2016. The City's Legal Department has been provided a copy of the attached agreement for their input. SERVICE AND FINANCIAL OUTCOMES The continued administration of the proposed easement will require less staff time to administer the legal document on a go forward basis. This agreement is unique in that the rent expected to be paid to the Port for the easement is similar to that for the sewage charges required to be paid by the Port to the City. These fees offset one another. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff, including Municipal Operation has reviewed and endorse the attached easement document. ATTACHMENTS Easement document for Rodney Terminal Trunk Sewer. 6V EASEMENT Parcel Identifier of Parcel Burdened by Easement: 55151351 THIS INDENTURE made as of this — day of , 2020; BY AND BETWEEN: Saint John Port Authority a Corporation duly incorporated pursuant to Letters Patent dated May 1, 1999, issued under the Canada Marine Act having its registered office at: 111 Water Street Saint John NB E21- 0131 (hereinafter, the "grantor") OF THE FIRST PART -and- The City of Saint John a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at: 15 Market Square Saint John, NB E21- 1 E8 (hereinafter, the "grantee") WHEREAS: OF THE SECOND PART A. the grantor has agreed to provide to the grantee an easement upon the terms and conditions hereinafter set out; and B. the grantee has approved the acquisition of the herein described easement in a resolution adopted at a meeting of the Common Council of The City of Saint John held the _ day of , 2020; NOW THEREFORE this Indenture witnesseth that in consideration of the mutual covenants and agreements hereinafter contained and the sum of One Dollar ($1.00) now paid by each party hereto to the other (the receipt and sufficiency of which is acknowledged), the parties hereby mutually covenant and agree as follows: The grantor, on behalf of itself, its successors and assigns, hereby grants and conveys to the grantee, its successors and assigns, the rights, licenses, liberties, privileges and easements to the easement area (as defined in Schedule "A" attached hereto) the purposes of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing a sewer trunk line and grantee shall have access to the easement area at all times by its servants, employees, workers, agents and contractors along with the necessary machinery, material, vehicles and equipment as same may be required by the grantee, from time to time, from the date hereof and for so long thereafter as the grantee desires to exercise the rights and privileges hereby given. The rights and privileges hereby given are subject to the following terms and conditions which are mutually covenanted and agreed to between the parties hereto: 1. The grantor shall not, without the prior written consent of the grantee, which consent will not ho ijnraasnnahlu withhPlrf install Prart or nPrmit to he installed or erected on area. Notwithstanding the toregoing, the grantor may not install, erect or permit to ue installed or erected on the portion of the easement area above the sewer trunk line any foundation or other building or structure. For certainty, this prohibition does not extend to such foundations or other buildings, structures or installations, if any, present on or under the easement area as of the date of this Indenture, including replacement or repair of same, and the grantee hereby consents to the installation and erection of such foundations, buildings, structures and installations. 2. The grantee will perform and observe the covenants and conditions on its part to be performed and observed, shall and may peaceably hold and enjoy the rights, liberties, privileges and easements hereby covenanted without hindrance, molestation or interruption on the part of the grantor or of any person, firm or corporation claiming by, through, under or in trust for the grantor. 3. The grantee will not cause any interference with the use of the lands, premises and parcel(s) burdened by the easement including, without limitation, access, ingress, egress and regress to and from the such lands, premises and parcel(s) by the grantor and its directors, employees, agents, tenants, invitees and licensees. 4. The grantee shall comply with all laws, directions, rules and regulations of all governmental authorities having jurisdiction and with all rules, directions and restrictions relating to access, safety or security applicable on the lands, premises and parcel(s) burdened by the easement as designated, updated, replaced or supplemented by the grantee from time to time. 5. In the event the grantee should be required to excavate or carry out any other work for the purpose of laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer trunk line, the grantee shall promptly restore as far as is practicable the area being excavated or otherwise affected to that condition which it was in prior to the excavation or work. 6. The grantee shall at all times, at its expense, keep and maintain the sewer trunk line in a safe condition and good state of repair. 7. The grantee will from time to time at its expense, repair any erosion or deterioration of the lands, premises and parcel(s) burdened by the easement required by reason of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing the sewer trunk line. 8. On the date first written above and thereafter on the first day of January of each calendar year for so long as this easement remains in effect the grantee will pay to the grantor, at the address written above or as otherwise directed by the grantor from time to time, the amount equal to sewage charges for the sewage discharged from: the building known as the Canadian Enterprise Building, the building known as the Saint John Port Corporation maintenance shed, the two buildings located on the north and south sides of Shed 12, and the building known as Shed 8, containing a total of 29 fixture units, plus any applicable sales tax, harmonized sales tax, goods and services tax, excise tax, value added tax and any other tax applicable thereto payable. 9. Without in any manner restricting or affecting the generality of Section 6 hereof, it is hereby expressly provided that if any structure or installation constructed or erected by the grantee at any time (including, without limitation, prior to the date of this Indenture) on or in the easement area be at any time destroyed or partially destroyed and the grantee shall fail within the period of eighteen (18) months after such destruction to rebuild the same at the grantee's own expense and in a manner satisfactory to the grantor, acting reasonably, the grantor may elect to terminate this Indenture and all rights of the grantee hereunder on ninety (90) days prior written notice to the grantee. 10. At the request of the grantor and subject to mutual agreement by the grantee, the grantee will relocate the sewer trunk line at the grantee's expense. M5 ur anu rrurn We care ur rnis inuenture, rile grantee neruuy as5iyns anu burrenuuns to the grantor that certain agreement (as amended, restated, replaced, supplemented, renewed or extended from time to time, including any overholding thereunder, whether or not implied or permitted, the "Prior lease") dated as of 215t day of November, 1996, between the Saint John Port Corporation, as predecessor to the grantor, and the grantee whereby the grantee did, inter alia, lease from the grantor those lands and premises (the "demised premise") on which the sewer trunk line of the grantee that is the subject matter of this Indenture is now located and the demised premises to the grantor, to the intent that the unexpired residue of the term created by the prior lease, and all estate and interest of the grantee in the demised premises under or by virtue of the prior lease, may be merged and extinguished in the reversion of the demised premises and the prior lease shall be cancelled, terminated and surrendered with effect only from and after the date hereof. 13. As from the date of cancellation or termination of this Indenture (by reason of default by the grantee or pursuant to any right of the grantor or grantee to cancel or terminate this Indenture), this Indenture and all rights of the grantee hereunder shall absolutely cease and determine without re-entry or any other act or suit or legal proceedings to be brought or taken, and the grantee shall, upon such cancellation or termination, deliver a surrender and termination of this Indenture in a form acceptable to the grantor and immediately and at the grantee's own expense: (a) remove from the easement area any and all such property as constructed, erected, made, brought or placed thereon by the grantee (upon which removal any property so removed shall vest in the grantee); or (b) in the case of the sewer trunk line, at the option of the grantee, stop up and decommission the stormwater trunk line in place in accordance with the best practices then in effect in the City of Saint John and in accordance with applicable law and promptly restore as far as is practicable the easement area to as good order and condition as prevailed prior to the commencement of the term of the prior lease and in the event of the failure of the grantee so to do with reasonable expedition, in the grantor's sole discretion, the grantor may effect such removal and restoration at the grantee's own risk and expense. Notwithstanding anything to the contrary, the grantee shall not by reason of any action taken or things performed or required under this Section be entitled to any compensation, reimbursement or indemnity whatsoever. 14. Notwithstanding any other provision in this Indenture contained for cancellation or termination hereof, it is agreed that if public purposes, which public purposes shall be deemed to include any arising in connection with the administration by the grantor of the Port of Saint John (as defined in the Canada Marine Actor the Letters Patent of the grantor) or other public work concerned and also any arising in connection with any project or operation of any other Federal authority or of any Provincial or municipal authority, shall, in the grantor's opinion, necessitate the cancellation of this Indenture or the rights granted in favour of the grantee hereby in respect of all or any portion of the easement area, the grantor may effect such cancellation upon ninety (90) days' written notice to the grantee, in which event the grantor shall pay to the grantee the relocation costs incurred by the grantee on or in that portion of the easement area covered by such notice and still situate thereon at the time of the giving of such notice, such relocation costs to be determined, in case of dispute, by a single arbitrator, if the grantor and the grantee agree upon one, otherwise by three arbitrators of whom the grantor shall appoint one, the grantee one, and the two arbitrators thus appointed the third, and if the grantee shall, after two weeks' notice, fail to appoint such arbitrator, or if the two arbitrators fail to appoint a third arbitrator within two weeks from their own appointment, then in either of such cases the foregoing provisions for arbitration shall be deemed void and the fair value as aforesaid may be decided as a question of fact by the Federal Court (as defined in the Canada Marine Act) upon reference of such question thereto by the grantor, acting as agent of, and in the name of, Her Majesty in right of Canada, PROVIDED ALWAYS that nothing hereinbefore in this Section contained shall be construed as extending to any fixture for which, prior to the date of this Indenture or the application of this Section, consideration or compensation has already been received by any i ne grantee viii inaemnlTy ana nota narmiess ine grantor ana lis aireciors, employees, agents, tenants, invitees and licensees from and against any and all claims, demands, actions, causes of action, costs, losses, liabilities, awards, proceedings or expenses suffered or incurred by such party or is liable for by reason of the acts or omissions of the grantee, its officers, employees and subcontractors and others for whom in law the grantee is responsible resulting from or arising out of the laying down, constructing, operating, maintaining, inspecting, altering, removing, replacing, reconstructing or repairing of the sewer trunk line or otherwise in exercise of the grantee's rights and obligations hereunder. 16. This easement is, and shall be of the same force and effect to all intents and purposes as a covenant running with the land and these presents, including all the covenants and conditions herein contained, shall extend to, be binding upon and ensure to the benefit of the parties hereto, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed as of the day and year first above written. SIGNED, SEALED AND DELIVERED Saint John Port Authority in the presence of: Per: Name: Title: Per: Name: Title: The City of Saint John Per: Name: Title: Per: Name: Title: All those certain lots, pieces or parcels of land situate, lying and being in the city of Saint John, in the County of Saint John, in the Province of New Brunswick, known and distinguished as that parcel identified as Rodney Terminal Sewer Trunk Line containing an area of four thousand four hundred square metres (4400 m2) (the "easement area") as shown upon the plan identified as G-07-516 dated July 31, 1997, a copy of which is attached hereto. E>m>ep `B° .P \0 VAN7. SHOP PARCEL 'fi' PARCEL 'A' - 3,160 Yq m PLNCEL "8° — 473 sq rix PARCEL 'C' — 175 sq.m PARCEL "5' .— 435 Pd CEL .E' — lA .m TOTAL — 4,385 sq.m ✓ u / 1 / �% FERRY TERMINAL y �. PARCEL ' ' y d PARCEL 'I �M1 ARCEL `E' Plan bIQI� uT co—m1%Q9 vALfiS 1AKN FiRw HUGHES SUk6STS k CCHSULTMTS ' LTC. . OWC. NO. S96302B.0 4 0. 2} EASEMENT ARRA APPROX. 4,403 QqM TAPCE1,J) $" 3.0t AIDE FASND4 9� Saint john Port Corporation Ee1SEMI:IV'1' 359 COLLECTOR SEWER LOWER RESP SIDE ` IPIan No.! G-07-516 COMMITTEE OF THE WHOLE REPORT M&C No. 2020 54 Report Date February 05, 2020 Meeting Date February 10, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Voluntary Separation Program Revised CLOSED SESSION DISCUSSION REASON This matter is to be discussed in closed session pursuant to the provisions of subsection 68(1)(j) of the Local Governance Act. OPEN SESSION RESOLUTION REQUIRED? Yes, resolution and full report to be added to open session AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Leah Robichaud John Collin RECOMMENDATION It is recommended by the City Manager that Common Council adopt the revised Human Resource Policy, "Voluntary Separation Program" including the criteria and benefit formula herein. EXECUTIVE SUMMARY The Voluntary Separation Program has been proposed as one of many solutions to address the pending deficit for 2021 and 2022. Further to the resolution on January 13, 2020, the program has been communicated to Management/Professional Staff and more recently to members of CUPE Local 486, Inside Workers. Minor housekeeping adjustments are needed to Appendix A of the Policy to allow the City Manager to fully execute the Program. PREVIOUS RESOLUTION Council resolution of January 13, 2020: RESOLVED that as recommended by the Committee of the Whole, having met on January 13th 2020, Common Council adopt the submitted Human Resources Policy, "Voluntary Separation Program" including the criteria and benefit formula herein. REPORT The Voluntary Separation Program as presented on January 13, 2020 has been offered to all City of Saint John Management/Professional Staff. Through discussions and agreement with the union executive of CUPE Local 486, Inside Workers have recently been invited to submit their applications for consideration under the program. Housekeeping amendments have been recommended to allow the Voluntary Separation Program be applied to allow for recommendations arising from the implementation of the Structural Review process and collective bargaining. The amendments relate to the deadline presented and an increase in benefits for those officers holding roles as outlined in Section 71 of the Local Government Act at the City Manager's discretion. STRATEGIC ALIGNMENT The policy aligns with the City's Service Principles, primarily Sustainability, and Responsible Service Delivery. SERVICE AND FINANCIAL OUTCOMES All applications accepted through the Voluntary Separation Program will be eliminated from the Permanent FTE Establishment, or a position of equal salary will be eliminated as a result. The City Manager has been authorized to draw up to $2 million from the restructuring funds to facilitate early departures, these amendments will no exceed this limit. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Common Clerk has been consulted in the preparation of this report. ATTACHMENTS Appendix A: Voluntary Separation Program Policy AI City Of Saint John VOLUNTARY SEPARATION i.o STATEMENT OF PURPOSE The City of Saint John must confront its financial challenges, both current operating and structural deficits, in order to move forward to a sustainable and prosperous future. Given the urgency of forecasted deficits for 2021 and 2022, it is prudent to take measures now to reduce employment costs, which represent approximately 57% percent of budget. Objectives The objectives of this Policy Document are • to optimally align workforce complement with attainment of Council's priorities: Economic Health; Sustainable Infrastructure; and Community of Choice; • to contribute to financially stable and sustainable municipal government by addressing the budget deficit; • to help create the conditions within which a strong, vibrant, growth -oriented community can flourish; • to adjust service levels strategically to minimize effects on public safety and quality of life in our community, and; • to enable workforce planning in order to meet future projected service demand. 2.0 SCOPE 1. The Voluntary Separation Program is offered by the City of Saint John solely in accordance with the terms and conditions outlined herein. All eligible employees who make application will be subject to the terms and conditions outlined at "Appendix A" to this Policy Document. 2. The City of Saint John reserves the right to deny application of the Voluntary Separation Program to any employee where operations or service could be unduly affected. 3. Moreover, if the number of employees who wish to participate in the program exceeds the number operationally warranted, the City of Saint John reserves the right to deny the request. 1 62 3.o DEFINITIONS Voluntary Separation Program A Voluntary Separation Program is an incentive program designed to support organizational downsizing and/or restructuring by offering employees a payment(s) to voluntarily terminate their employment. 4.o ROLES AND RESPONSIBILITIES City Manager The City Manager determines 1) whether and applicant has satisfied the stipulated eligibility criteria and standards and 2) whether to approve an applicant for termination of employment under this Program. Commissioner of Finance and Administrative Services The Commissioner of Finance and Administrative Services provides financial input essential to the design, structure, implementation, and evaluation of the Voluntary Separation Program. Director of Human Resources The Director of Human Resources is responsible for administration of the Voluntary Separation Program across the organization, including providing quality assurance services and resolving any issues that arise. Senior Staff Members of Senior Staff are responsible for evaluation of employee applications for participation in the Voluntary Separation Program based on operational and service requirements and for making the corresponding recommendations to the City Manager. Senior Staff are also responsible for ensuring the elimination of an offsetting position of relative salary within the Service Area where an employee's participation in the program is approved but the employee's job is not. 5.o PROCEDURES The Voluntary Separation Program will be offered only to eligible permanent employees. The City may elicit interest from employees in voluntarily terminating their employment, but reserves the right to accept or decline such participation based upon these clearly articulated organizational requirements. Similarly, any and all such expressions of interest by employees are without prejudice until the indicated date of withdrawal. The City Manager, based on recommendations arising from organizational structure reviews, and consultation with Senior Staff, will make decisions regarding eligibility. Organizational need, customer service and/or internal service delivery, will shape the relevant determinations. Accordingly, the Voluntary Separation Program will be of limited enrollment. W Every application accepted under the Voluntary Separation Program must result in the elimination of that specific job or an offsetting position of equivalent value elsewhere in the Establishment. A return on investment is expected. Eligible employees shall voluntarily terminate their employment with the City of Saint John, subject to the terms and conditions outlined at "Appendix A:" to this Policy Document. 6.o RELATED POLICIES AND PROCEDURES The Voluntary Separation Program shall be administered in accordance with the provisions of various Collective Agreements, Terms and Conditions of Employment for Management Staff, and the Shared Risk Pension, as applicable. The standards and procedures upon which the Voluntary Separation Program is structured are included in: Appendix A: 2020 Voluntary Separation Program Appendix B: Voluntary separation Program: Letter of Application 3 64 Appendix 2020 VOLUNTARY SEPARATION PROGRAM i.o INTRODUCTION The Voluntary Separation Program offered by the City of Saint John is as outlined herein. z.o ELIGIBILITY AND STANDARDS The Voluntary Separation Program is a voluntary termination program offered to permanent eligible employees. Applications for participation in the Voluntary Separation Program will be evaluated against organizational need, including impact on operations, service delivery, end -run sustainability and deficit reduction. Final determination shall be made in every case by the City Manager on recommendation of the Service Area Commissioner and the Director of Human Resources. iii. Employees who have complete the Voluntary Separation Application Form prior to January 13, 2020 will be eligible, as will any employees who wish to apply after January 13, 2020. Employees who indicated their intention to terminate their employment by either retirement or resignation prior to January 13, 2020 and did not fill out the Application Form will not be eligible to apply under the program. iv. The Voluntary Separation Program is offered by the City of Saint John solely in accordance with the terms and conditions outlined herein and does not form part of the terms and conditions of employment for employees. V. The City of Saint John reserves the right to refuse the application of this voluntary program to any individual employee based on the criteria outlined herein. In particular, if it may result in adverse affects to operations or service. 3.o APPLICATIONS Eligible employees who wish to be considered for termination of their employment under the Voluntary Separation Program are required to complete the Letter of Application and return it to the Director of Human Resources. The Letter of Application to be used to apply for the Voluntary Separation Program is found at "Appendix B:" Voluntary Separation Program: Letter of Application. iii. Applications submitted after February 28, 2020, will not be considered unless there is a compelling business case approved by the City Manager. 4 65 4.o REVIEW Each termination under this program must be reviewed and recommended by the Commissioner, indicating that the consequences of acceptance of the application have been fully identified, considered and approved on operational and service grounds. Particular emphasis shall be placed on identifying the opportunity to permanently reduce a position(s) and to therefore permanently reduce employment costs. 5.o BENEFITS The 2020 Voluntary Separation Program will provide three (3) weeks of current base salary for every completed year of continuous service to a maximum of six (6) months salary. a. At the discretion of the City Manager, the maximum may be increased to a maximum of fourteen (14) months, for officers appointed under Section 71 of the Local Governance Act, or for senior managers where there is an overwhelming business case to increase the maximum beyond the standard 6 months salary. Eligible Employees will be entitled to a payout at the current hourly rate for any remaining vacation or floating holidays upon the termination date. iii. Where applicable eligible Employees will be entitled to receive Retirement Pay as prescribed by the Terms and Conditions of Employment not withstanding. iv. Eligible Employees will not have the option to remain on the Group Benefit Plan unless they are eligible and opt to receive their pension immediately upon termination. V. All normal provisions of the Shared Risk Pension Plan continue to apply. 6.o SEPARATION DATE Employees who accept the offer and voluntarily choose to terminate their employment, subject to approval, must end their employment on or before September 30, 2020. 5 66 Appendix B 2020 Voluntary Separation Program Letter of Application Your completed Letter of Application must be received by Human Resources. I , Employee #: Holding the role of Voluntary Separation Program. hereby make application for the By signing below, I understand I will be considered for a possible Voluntary Separation Payout should it be determined that my position qualifies. If approved I will receive a payout equal to 3 weeks for every completed year of service, as of the termination date, to a maximum of 6 months. Employee Signature Received by Human Resources: Date Date by HR Representative Approval is subject to all requirements of the Voluntary Separation Program being satisfied. Approval signed on behalf of the City of Saint John Commissioner City Manager Date Date N -A Nominating Committee Meeting — February 7, 2020 Stn Floor Boardroom Present: Mayor Don Darling Councillor Blake Armstrong Councillor David Hickey Common Clerk, Jonathan Taylor Administrative Officer, Richard Evans Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on February 7, 2020, makes the following recommendations: Develop SJ: to appoint Stephen Kopp for a 3 year term from February 10, 2020 to February 10, 2023; Heritage Development Board: to appoint Adam Pottle for a 3 year term from February 10, 2020 to February 10, 2023; Lord Beaverbrook Rink: to appoint Mark Hughes for a 3 year term from February 10, 2020 to February 10, 2023; Planning Advisory Committee: to appoint Peter Pappas for a 3 year term from February 10, 2020 to February 10, 2023; Rockwood Park Endowment Fund: to appoint Michael Harris for a 3 year term from February 10, 2020 to February 10, 2023; Saint John Community Arts Board: to appoint Lea St. John for a 3 year term from February 10, 2020 to February 10, 2023; Saint John Energy: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to appoint David Alston for a 3 year term from February 10, 2020 to February 10, 2023 and reappoint both James Shaw and Shelley Courser for 3 year terms from March 13, 2020 to March 13, 2023 and March 25, 2020 to March 25, 2023 respectively. SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I Fort LaTour Development Authority: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards, and commissions, to reappoint Beth Kelly for a 3 year term from March 3, 2020 to March 3, 2023. Sincerely, Don Darling Mayor and Chair of the Nominating Committee SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www„saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 C1'1 COUNCIL REPORT M&C No. 2020-56 Report Date February 14, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services — Sea Wall Refurbishement Coast Guard Location OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Samir Yammine Kevin Fudge/lan Fagan John Collin RECOMMENDATION It is recommended that the proposal submitted by Dillon Consulting Limited, for Engineering Services for the Seawall Refurbishement project at the Coast Guard Location, in the amount of $450,989.00 plus HST (including a contingency allowance in the amount of $40,999.00), be accepted. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the Engineering Services of the Sea Wall Refurbishement, to Dillon Consulting Limited. PREVIOUS RESOLUTION On October 21, 2019, Common Council (M&C 2019-266) approved the Grant Agreement with Her Majesty the Queen in Right of Canada, as represented by the Minister of the Inftrstructure and Communities Canada under the Disaster Mitigation and Adaptation Fund (DMAF) for Saint John Flood Mitigation Strategy. The Mitigation Strategy Project includes the following initiatives : Sea Wall Refurbishement, Raise or Replace Pumping Stations and Relocate the Electrical Substations. -2 - REPORT The City of Saint John has received financial support from Infrastructure Canada under the Disaster Mitigation Adaptation Fund (DMAF) to mitigate the risk and increase resilience of the Seawall at the coast guard location as a result of sea level rise and storm surge. The scope of work for the project will include the refurbishment and raising of the seawallstructure to ensure the continued use of this prime property in the cultural and economic fabric of the City of Saint John. In the past several years, there have been several studies and assessments conducted on the Seawall to develop a remediation action plan, and to better understand the necessary project scope and cost estimates to reinforce and raise the structure to accomodate future commercial and residential development on the Fundy Quay, including public space. The consultaing firm will work closely with City staff and the Fundy Quay Developments Inc. to perform the following scope of work: ➢ Phase A: Environmental Assessment ➢ Phase B: Engineering and Climate Change Evaluation ➢ Phase C: Concept Design ➢ Phase D: Detailed Design and Tender Documents ➢ Phase E: Contract Management, Site Inspection, Testing, etc. ➢ Phase F: Construction Management The Seawall Refurbishement project demonstrates the City's commitment to the development of the Fundy Quay and is an early milestone in the preparation of the site for the acquisition and future development by Fundy Quay Developments Inc. STRATEGIC ALIGNMENT The Seawall Refurbishemnet Project is clearly aligned with the following City plans, policies, Council Priorities, programs and practices: 1- City of Saint John Asset Management Policy to consider the effects of climate change on any existing infrastructure renewal. 2- Plan SJ and the Central Peninsula Neighbourhood Plan. 3- City of Saint John Capital Investment Policy. 71 -3- 4- Common Council's Priorities for Growth and Propsperity. SERVICE AND FINANCIAL OUTCOMES Funding for this project is provided by the Disaster Mitigation and Adaptation Fund (DMAF) approximately $3.24 Million (40%) with the remainder funds provided by the 2020 and 2021 City of Saint John General Capital program. A request has been made to the Province for additional cost sharing and discussions are underway. The costs for Phase A, B & C are based on fixed price. However, costs for Phase D,E and F are based on estimated number of hours for each phase as provided by the City Request For Proposal. It is expected that this project will have a two (2) year duration. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for Engineering Services for the Seawall Refurbishement project. As such the RFP closed on Thursday, December 19, 2019 with seven (7) proponents responding as follows: Dillon Consulting Ltd. Eastpoint Engineering Gemtec Consulting Engineers, Scientists Ltd./Rv Anderson CBCL Limted exp Englobe Corp Sta ntec A review committee, consisting of staff from Materials Management, Facility Management, Finance, Transportation and Environment, and DevelopSJ reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Company Experience 3. Personnel 4. Methodology 5. Cost In accordance with the City's standard procedures, the committee members evaluated and ranked each proposal based on the proposals' technical merits. Following this, the financial proposals were opened and evaluated and corresponding scores were added to the technical scores. rf► -4 - Dillon Consulting Limited's proposal was ranked the highest based on an overall rating of the evaluation criteria as well as offering a competitive cost acceptable to staff. The above processes are in accordance with the City's Procurement Policy and Materials Management support the recommendations being put forth. 01 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1. Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 0.25 hectares, located at 95 Wentworth Street, also identified as being PID No. 55236541, from Neighbourhood Community Facility (CFN) to High -Rise Residential (RH). 2. Amending Schedule "G", the Zoning By-law of The City of Saint John, by increasing the maximum building height of PID No. 55236541 from 14 metres to 23 metres pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2020 and signed by: Mayor/Maire ARRETE N" C.P. 111-87 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1. La modification de 1'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0.25 hectares, situee au 95, rue Wentworth, et portant les NID 55236541 de zone d'installations communautaires de quartier residentielle d'immeubles (CFN) a zone residentielle d'immeubles d'habitation de grande hauteur (RH). 2. Modifier 1'annexe «G», Plan de zonage de la ville de Saint John, en augmentant la hauteur maximale du batiment du NID 55236541 de 14 metres a 23 metres conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur Furbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading - February 10, 2020 Premiere lecture - le 10 fevrier 2020 Second Reading - February 10, 2020 Deuxieme lecture - le 10 fevrier 2020 Third Reading - Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John r ue Leinste St. CD rue princess FROM / DE Neighbourhood Community Facility CFN Zone d'installations communautaires de quartier TO/A High -Rise Residential RH Zone residentielle — immeubles d'habitation de grande hauteur Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Tower Contracting Inc. Location: 95 Wentworth Street PID(s)/N IP(s): 55236541 Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020 Enacted by Council/Approuve par le Conseil: Amending Schedule "G" of the Zoning By -Law of The City of Saint John Modifiant Annexe <<G>> de I'Arrete de zonage de The City of Saint John LeinSteC st i%'i/iif!j%i e Cinr'e ss rue P FROM / DE `E Applicant: Tower Contracting Inc. Location: 95 Wentworth Street PID(s)/NIP(s): 55236541 Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020 Enacted by Council/Approuve par le Conseil: TO/A 25m That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,529 square metres, located at 95 Wentworth Street, also identified as PID No. 55236541, be subject to the following conditions: a. That the development and use of the parcel of land be in accordance with detailed elevation, site plans, and landscaping plans prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, driveway accesses, fagade design and elements such as awnings and entryways, amenity spaces, exterior lighting, and all other site features; b. Trees and shrubs be planted in the front, flankage, and rear yards, as well as the side yard where possible, to the same standard required by the Zoning By-law for developments in Commercial and Community Facility zones, as per the landscaping plans, and that such trees and shrubs be planted within one year from the issuance date of the development permit; That the elevation plans demonstrate: L A prominent cornice at fourth storey (approximately 14 metres) on all street -facing facades, ii. A clear differentiation of the base of the building (floors one to four) from the top of the building (floors five to seven) through the design of the base building in terms of finish, colour, and materials, iii. The base building is to be constituted of durable, high quality materials such as but not limited to brick, granite, or sandstone, iv. Additional detailing and articulation be given to the first floor street -facing facades to improve the pedestrian experience and avoid blank walls; d. That the above-mentioned elevation, site plans, and landscaping plans be attached and made a condition of approval to the permit application for the development of the parcel of land and that these plans shall substantially conform to the Proposal as presented, but may be amended insofar as the Proposal remains consistent with the conditions outlined in this report and in accordance with relevant Plans and By-laws; e. That the Proponent contribute a public benefit in exchange for the additional height granted (Recommendation #3). Such a benefit is to be confirmed prior to issuance of Permit but shall include: i. Provision of a "pocket park" for public use within the landscaped rear yard on Leinster Street with seating opportunities, ii. A public art contribution to the pocket park that commemorates the former Church through use of salvaged materials and a commemorative plaque, which are to be vetted through the Saint John Community Arts Board; f. That prior to the issuance of a Building Permit, any drop off area on Wentworth Street be designed to the satisfaction of the City's Chief Engineer to ensure safe pedestrian conditions. COUNCIL REPORT M&C No. 2020-65 Report Date February 19, 2020 Meeting Date February 24, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Supplementary Report - Rezoning Application 819 Millidge Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kenneth Melanson Jacqueline Hamilton Phil Ouellette John Collin RECOMMENDATION That Common Council adopt the following amended staff recommendation: 1. That Common Council rezone a parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as PID Numbers 55059828 and 00046615, from Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the proposed multi -residential development on the parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as PID Numbers 55059828 and 00046615: (a) The Daniel Avenue driveway be developed and maintained as an access that only allows vehicles to exit the property and turn right onto the public street, and that the design, width and any other measures relating to this condition be acceptable to the City Traffic Engineer and Development Officer; N-11 -2- (b) Trees and shrubs be planted in the front, flankage and side yards of the site to at least the same standard as required by the Zoning By-law for developments occurring in a Community Facility zone and, as determined by the City Traffic Engineer, that no tree and shrub obscure the sight lines of motorists; (c) A landscaped berm with a continuous coniferous hedge having a total minimum installation height of 2.5 metres be developed and maintained on the property near the common lot line of the adjoining properties abutting Hayward Court and Donaldson Street; (d) Opaque material be used for the balconies to enhance privacy between the proposed 40 -unit apartment building and the adjoining properties abutting Hayward Court; (e) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, interior garbage enclosures, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (f) The approved building elevation and site plans be attached to the permit application(s) for the proposed multi -residential development and made a condition of approval for the development of the parcel of land. EXECUTIVE SUMMARY The purpose of this report is to brief Common Council (Council) on follow up discussions with the applicant of the rezoning application for 819 Millidge Avenue that occurred due to comments expressed by during the February 10, 2020 Public Hearing. PREVIOUS RESOLUTION At the February 10, 2020 Public Hearing, Council gave first and second reading to the proposed rezoning and Section 59 conditions for a site at 819 Millidge Avenue. Wel -3 - STRATEGIC ALIGNMENT Council's 2016-2020 Priorities include goals to drive development in accordance with PlanSJ to achieve density that is required for the efficient use of infrastructure and services and to promote Saint John as a community to live, work and play in growing the residential tax base. REPORT During the debate leading up to Council's decision to give first and second reading to the proposed rezoning, some concerns were expressed by members of Council, despite the vote to support the project. Staff took initiative to examine those concerns with the applicant and want to provide Council with additional information. The applicant has also taken the initiative to prepare a communications plan in light of public and Council's concerns regarding public engagement. The applicant has provided the attached letter (Attachment 1) to respond to discussions with Staff and provide Council with commitments to these issues. Two minor text changes to conditions "a" and "e" are proposed to ensure that the scope of these discussions are captured. Underground Garbage and Waste Storage During the Public Hearing, the applicant confirmed that all waste and recycling facilities for each building would be stored in a room in the underground parkade. The Zoning By-law requires enclosure of any garbage and waste facilities for buildings over five units, when outside (Section 5.4). Staff included a proposed Section 59 Condition (Condition "e") which requires any building plans and site plan include the location and details of any waste enclosures. This condition would apply to any indoor waste storage area. The proposed Condition "e" indicates the requirement for site plans and building plans to show the location of waste enclosures. To ensure that it is clear the waste areas be located inside the proposed buildings, a minor wording change to say 'interior waste enclosures' is proposed — this will clarify that at time of construction any waste enclosures must be indoors. Any request to deviate from an indoor enclosure would be seen an amendment to a Section 59 Condition and necessitate a new Council application to amend that condition. Daniel Avenue Exit The applicant amended the original application to change the access onto Daniel E:ii] -4 - Avenue to be a 'right -out' access (no entry to the site, right turn onto Daniel Avenue only). Staff discussed the proposed change with the City's Traffic Engineer, who provided comments, which informed the proposed Section 59 Condition (Condition "a"). Staff discussed the possibility of gating the access and limiting to an emergency access with the applicant. However, given the condition placed on the sale of the property to provide access to the rear lot of the adjacent seniors facility; gating off the access was found to be unworkable. As part of further discussion, the applicant has indicated a willingness to place appropriate signage, reduce the width and speed bumps on the access (subject to acceptance by the City's Traffic Engineer) that would be clear indications the access is secondary and no entry can occur from Daniel. The proposed condition "a" as been amended to include the width as part of clarity on the overall final design. The final design will be subject to acceptance by the Development Officer and City Engineer. Communications Plan during construction phase Following public and Council feedback during the Public Hearing, the applicant has taken the initiative to develop a Communications Plan to guide further communications with area residents during project construction and leading up to occupancy of the building. This would occur through on-site signage and a website and is outlined in Attachment 1. Staff have reviewed and support the Communications Plan and appreciate the Developer's initiative to improve communications. Ensuring neighbouring property owners are kept up to date on each phase of construction will help improve communications and keep residents aware of the project at each step of construction. Staff do not believe a Section 59 Conditions is required for the Communications Plan given the commitment provided in the attached letter. SERVICE AND FINANCIAL OUTCOMES Not applicable. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not applicable ATTACHMENTS Attachment 1: Letter from applicant, Mr. Charlie Bird. E -11I Jacqueline Ilamilton Commissioner ol'Growth and Community Development 110 BON 1971 Saint .John NI3 E?H 4I,1 Re: 8191-11111dgc Ave. Dear m s. I-Iantilton. 1 -hanks to your department for its work regarding lily proposed development at 819 Millidge Avenue. We are pleased with the recommendations Council adopted at the Public Hearing. I.urther to the Section 59 conditions that were applied to the stat-Frecommendation we would he pleased to have staff acid the condition regarding the garbage rooms he in building as opposed to stored exterior to the development. With respect to the driveway leading to Daniel Drive we would he pleased to position this as an emergency exit only. We would sign "no entrance" offDaniel Drive. we will sign emergency exit only" on the exiting side of the driveway. the width of the driveway Will he minimised and a signilicaut speed hump will be placed to discourage use ol'same. Rcllectina on tile: concerns yN'e heard li•om the neighbors and those in the general area around communication we have determined that we Will sign the development complete with a website address. 1 he project website will provide details around sta-es of the construe tion: from demolition to rock breaking and the ensu11111 activities as we come out of the ground. We will host an open house when Phase I is complete and host a neighborhood party to show offthe units and thanks the neighbors. We are thrilled Willi the support the City has provided us along the way. Charles 13ii•d n Q� E-1 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as being PID Nos. 55059828 and 00046615, Neighbourhood Community Facility (CFN) to Mid -Rise Residential (RM) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by- law the * day of *, A.D. 2020 and signed by: Mayor/Maire ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: La modification de I'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 7 818 metres carres, situee au 819, avenue Millidge, et portant les NID 550598228 et 00046615, de zone d'instalations communautaires de quartier (CFN) a zone residentielle — immeubles d'habitation de hauteur moyenne (RM) conformement A une resolution adoptee par le conseil municipal en vertu de ('article 59 de la Loi sur I'urbanisme. - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading - February 10, 2020 Premiere lecture - 10 fevrier 2020 Second Reading - February 10, 2020 Deuxieme lecture - 10 fevrier 2020 Third Reading - Troisieme lecture - Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John /�/'i ay. Daniel AV.j/�/�i/i/i%��, ��41 ilk to ca Ovt ' S0 O� 1� FROM / DE TO/A Neighbourhood Mid -Rise Residential Community Facility CFNr%f%' RM Zone residentielle — Zone d'installations '����"f immeubles d habitation communautaires de quartier de hauteur moyenne Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Don -More Surveys & Engineering Ltd. Location: 819 Millidge Avenue PID(s)/NIP(s): 55059828, 00046615 Considered by P.A.C./considers par le C.C.U.: January 21 janvier, 2020 Enacted by Council/Approuv6 par le Conseil: That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the proposed multi -residential development on the parcel of land having an area of approximately 7,818 square metres, located at 819 Millidge Avenue, also identified as PID Numbers 55059828 and 00046615: (a) The Daniel Avenue driveway be developed and maintained as an access that only allows vehicles to exit the property and turn right onto the public street, and that the design and any other measures relating to this condition be acceptable to the City Traffic Engineer and Development Officer; (b) Trees and shrubs be planted in the front, flankage and side yards of the site to at least the same standard as required by the Zoning By-law for developments occurring in a Community Facility zone and, as determined by the City Traffic Engineer, that no tree and shrub obscure the sight lines of motorists; (c) A landscaped berm with a continuous coniferous hedge having a total minimum installation height of 2.5 metres be developed and maintained on the property near the common lot line of the adjoining properties abutting Hayward Court and Donaldson Street; (d) Opaque material be used for the balconies to enhance privacy between the proposed 40 - unit apartment building and the adjoining properties abutting Hayward Court; (e) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (f) The approved building elevation and site plans be attached to the permit application(s) for the proposed multi -residential development and made a condition of approval for the development of the parcel of land. SAINT JOHN CornmonCOLAnd To be presented at the February 10, 2020 Open Session of Council by Councillor David Hickey Motion: Whereas, Council approved a motion to have staff draft a bylaw and implementation strategy on flyer delivery. Whereas, council recognizes the importance of dealing with the onslaught of unsolicited flyers. Whereas, the City of Moncton has taken charge and approved 1 st reading of a flyer delivery bylaw. Moved, that Council direct staff to correspond with Brunswick News Inc in order to setup a presentation to council in public session by March 31st, 2020 outlining how they will reframe their flyer delivery policy to better support public interest in the City. E:11.1 To be presented at the February 10, 2020 Open Session of Council by Councillor David Hickey Motion: Whereas, the Fundy Regional has passed a policy to no longer support the recycling of single use plastic bags. Whereas, at its July 29, 2019 meeting council referred a motion, "Ban on Single Use Plastics" to the Fundy Regional Services Commission. Whereas, plastic pollution is a global challenge that requires immediate. Whereas, the City of Saint John has passed a Climate Action Plan and has declared an emergency on change. Whereas, plastic waste ends up in our landfills, litters our parks and beaches, and pollutes our rivers, lakes, and ocean. Whereas, many government and private businesses have already taken the initiative to ban single use plastics, and the federal government aims to have it done by 2021. Moved, that council direct the City Manager and staff to report to Common Council with a recommendation and assessment on the ban on single use plastics in the City of Saint John by the end of this council term. E:Yl E:1:3 Received Date February 24, 2020 Meeting Date February 24, 2020 Open or Closed Open Session Deputy Mayor McAlary and Members of Common Council: Subject: Code of Conduct Background: The province lays out guidelines for municipalities to address code of conduct complaints. However, the legislation is broad and forces municipal councils into various forms of conflict of Interest and vague guidelines to follow. While the Province should play a role in ensuring consistency in the application of such a process, it's clear that Common Council must act to fill the current voids of process. Saint John Common Council requires an unbiased, clear and transparent process that can be followed regardless of the circumstances by which a code of conduct complaint is made. This process must also include a mechanism for dealing with frivolous and vexatious complaints. Whereas; there are a number of challenges (both real and perceived) in having council or staff investigate and rule on a code of conduct complaint. Whereas; it is important that we engage a third party with relevant expertise, to develop a recommended process and guiding principles for Common Councils review and adoption for the City of Saint John. This newly developed process can fill the existing gaps in the province -wide legislation and could be replaced in the future, should the province choose to implement further conditions. The current guidelines ensure that all code of conduct complaints are heard no matter how frivolous or vexatious the claim may be. It is important that the structure for determining the validity of a claim be open and transparent while allowing for the dismissal of unwarranted claims. Motion: That the City Manager retain the services of a third party unbiased expert, who would develop a process for accepting and denying code of conduct complaints. In addition the expert would provide clear guidelines for the process of hearing code of conduct complaints to ensure governance best practices are respected and included in such a process. This report should be brought back to council no later than September 30, 2020 but no sooner than July 2020 given the current workload and time restrictions on this council. Respectfully Submitted, (Received via email) Don Darling Mayor City of Saint John (P4 . - ­ ----- - - -------------- -- SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca ( C.P 1971 Saint John, N. -B. Canada E21L 4L1 ---- — I E-lue i 45 i N N O L Q Fl� 0 E 0 E cr 0 N u 0 -1-j 4-J > U 0 0 -0 (1) E o cr -0 (1) =3 0 u (1) U o T) • CL cn Ln (2) N 0 0 0 4-J -0 Ln >- a) 4-J .E 0 _0 0 a) 0-U > 0 +j u C6 _0 CL N E u 0 0 LL C: 0 0 0 t� J 091 UO Q) > w (O Q) U Q) U O 4- Q) O U Q) rC a --J cn O U O N O U N COUNCIL REPORT M&C No. 2020-57 Report Date February 19, 2020 Meeting Date February 24, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Parks and Recreation Casual Workforce — Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. HeadCity Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed reduction of the Parks and Recreation casual workforce as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The casual workforce hired by the City of Saint John's Parks and Recreation Service assists with many services during the busiest portion of the year. Given the City's sustainability challenges, this report proposes a reduction of that workforce of up to 50%. The percentage of casual work reduction that would be considered for implementation is dependent on collective bargaining and a number of other sustainability ideas being considered. A range of Parks and Recreation services would be affected by a reduction; however, efficiencies and innovative solutions would be sought during the implementation period in an effort to mitigate impacts. Should the full 50% be reduced, this would result in an annual cost reduction of $360,000 in the general operating budget. A reduction in 50% of casuals would also result in a reduction of vehicle rentals required to support operations in the amount of $39,000 (including fuel). An estimated potential loss of annual revenue of up to $10,000 would net a total potential savings of up to $389,000. OR -2 - PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT The City of Saint John's Parks and Recreation service area hires casuals during the busiest portion of the year to assist with the many services carried out. Given seasonal fluctuations in workload, the number of staff required to carry out the various operations of Parks and Recreation increases significantly from spring through fall. The temporary staff (i.e., casuals and students) outnumber the permanent staff during those busy periods. PARKS AND, RECIREA1ION SUMMER ill ORKIfO0dCIE (201.9):. Cast 48 Students tCl --- —ff In 2019, a total of 38 casuals were hired with additional requirements to rent vehicles to support operations. This sustainability idea proposes a reduction of the Parks and Recreation casual workforce by up to 50%. The full reduction of 50% represents approximately a quarter of the workforce. The percentage of workforce reduction that may be implemented to address the deficit in 2021 and 2022 will be dependent on collective bargaining outcomes and other sustainability ideas that are being considered. Should a reduction of the Parks and Recreation casual workforce be approved by Council at a future date, the Parks and Recreation Service would advise external stakeholders of the decision in order to understand service impact. These stakeholders include, but are not limited to: • New Brunswick Department of Transportation and Infrastructure • Anglophone School District — South • Field user groups • Organizers of'Marigolds on Main Street' • Residents near neighbourhood playgrounds • Saint John Energy • Rockwood Park stakeholder -3 - The City of Saint John Communications Department would also be engaged to assist in informing the public of services affected by the change. STRATEGIC ALIGNMENT The savings realized by a reduction of the Parks and Recreation casual workforce supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). A number of factors would influence the exact impacts as a result of this sustainability idea, such as the number of positions reduced, efficiency and innovative solutions to mitigate impact, and the range of tasks crews complete over the season. These factors will become more clear prior to and during implementation. Attached to this report for reference is a list of 'Parks and Recreation Summer Services' that would be maintained, regardless of the decision on this item. The following list outlines the types of service offerings that may be impacted with a reduction in the Parks and Recreation casual workforce: • Mowing some public spaces, focusing first on provincial lands, then underutilized Land for Public Purposes (LPP), then some medians (aside from areas located near City -owned parks and within the Uptown area); • Bookings and work on Anglophone School District — South (ASD -South) sports fields and potentially one or two city -owned sports fields; • Maintenance levels at City parks; • Ornamental flower and/or hanging basket program; • Response time for tree work; and/or • Operation of neighbourhood playgrounds. PIaySJ will continue to be used to guide further rightsizing of City recreation facilities as the above-mentioned categories of impacts are refined (i.e., sports fields and playgrounds). A community management model as outlined in PIaySJ may also be an option to mitigate service impacts. Otl -4 - In evaluating operating cost savings, a reduction of the Parks and Recreation casual workforce of 50% would result in an annual cost reduction of $360,000 in the general operating budget, which is the total wages and benefits for 18 of the 38 casual staff who were hired this past season (2019). Wages ($18.38/hour; 40 hours/week; 24 weeks) $17,645 Vacation pay (4%) $706 Subtotal $18,351 Fringe costs (9%) $1,652 Total cost for one (1) casual staff $20,003 TOTAL for 18 Casual staff (50%) $360,000 TOTAL for 38 casual staff (2019 staffing level) $760,000 Should a reduction of casuals be implemented, it is anticipated there would also be savings in related to goods and services, particularly rental vehicles. With a 50% reduction of casuals, this would result in the need for four (4) less rental vehicles. This represents an additional savings of $39,000 (including fuel). There is also an estimated potential loss of annual revenue from field bookings (both City and ASD -South) of up to $10,000. Therefore, projected savings from reducing the casual workforce could be as high as $389,000 (i.e., full 50% reduction be implemented). Other considerations in reduction the Parks and Recreation casual workforce is the investment required for the potential closure of neighbourhood playgrounds. Securing community partners to maintain some playgrounds as an alternative to closure requires investment. Work would be required to remove equipment from playgrounds that would need to close. Once land becomes vacant, a process would need to be undertaken to divest of those lands, which could result in one-time proceeds from the eventual sale of the properties, as well as future property tax revenue; however, those revenues would likely not materialize within the 2021-2022 window. While funding could be made available through the restructuring budget, this work would divert resources from other planned projects and service delivery. This item is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented to address the deficit within the timeframe. 01:3 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by the staff of the Parks and Recreation Department. In addition, this report was reviewed by the following: • City of Saint John Finance and Administrative Services • City of Saint John Human Resources Department ATTACHMENTS Parks and Recreation Summer Services (to be maintained) 06%] Appendix: Initiative Criteria Evaluation :u.00 90 80 70 50 U 0 30 20 10 0 Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 0 ➢. 2 3 4 5 Financial..Farget Evaluation Notes on Parks and Recreation Casual Workforce: • Range of impacts based on the percentage of workforce reduced (dependent on collective bargaining and other sustainability ideas being considered). Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards (Not added to hopper) 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Fees Increases 8. Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increases 13. On -Street Parking Increase 14. Recreation Subsidies 15. Winter Street Maintenance W9191 16. Economic Development Agency Funding 17. Arena Closure 18. Freeze CPI Adjustments for Inflation 19. Adelaide Street Facility 20. Fees for Emergency Response 21. Fire Light Vehicle Response - Medical Calls 22. Transit Redesign 23. Community Centres 24. Asphalt Overlay Program 25. Contracted Services Reduction 26. Rightsizing Recreation Facilities - Horse Stables 27. Leverage Uptown Saint John 28. Permit and Development Approvals New Fees 29. Cost Recovery for City Services at Events 30. Public Works Casual Workforce 31. Parks & Recreation Casual Workforce PARKS AND RECREATION SUMMER SERVICES (to be maintained) Public Parks and Greenspaces: • Maintenance of King Square West, Queen Square West, Victoria Square, Robertson Square, Riverside Park, and Fort Howe; • Uptown Parks Mowing (Rainbow Park, Queen Square, King's Square, Loyalist Burial Grounds, Millennium Dome, Red Rose Tea Building, Harbour Passage); • South Central Peninsula Mowing (general, non -park spaces); • South Central Peninsula Maintenance (Loyalist Burial Grounds, Queen Square, Water Street, Boardwalk area, Barbour's General Store, City Hall); • Harbour Passage Maintenance; • Rockwood Park Maintenance (events, horticulture, mowing, trails, beaches, programming support, volunteer support); • Ornamental Horticulture Watering (100,000+ annuals, 110 hanging baskets, marigolds); • Uptown Horticulture Maintenance (King's Square, Germain Street, hanging baskets, planters); • Tourist Sites Cleaning (Fallsview, Reversing Falls, Fort Howe, Visitor Information Centre); • Urban Forestry (reactive service; includes cleanup of vegetative debris for Saint John Energy); • Beaches Maintenance (Dominion Park, Tucker Park, Little River Reservoir). Sports and Recreation Facilities: • Sports Field Mowing, Lining, and Preparation (16 fields); • Sports Field Maintenance (e.g., weed control, turf maintenance, fencing repairs, cleaning, garbage removal, special requests, mound maintenance, base maintenance); • Playground Maintenance and Safety Inspections (includes 3 splash pads and 1 skate park); • Maintenance and Mowing of Four Complexes: Memorial Park, Shamrock Park, Forest Hills, Allison Grounds; • Night Security (evening security checks and duties throughout City; after-hours calls for service); • Arenas (spring and summer ice; floor bookings). `O M&C No. 2020-069 Report Date February 12, 2020 Meeting Date February 24, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Transportation & Environment Services (Works) Casual Workforce — Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Pierre LeBlanc Michael Hugenholtz I John Collin RECOMMENDATIONS The City Manager recommends that Common Council: Endorse the proposed reduction of the Works casual workforce as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The casual workforce hired by the City of Saint John's Transportation & Environment Services' Works Division assists with the many services carried out during the summer season. Given the City's sustainability challenges, this report proposes a reduction of the Works casual workforce of up to 50%. The percentage of casual work reduction that would be considered for implementation is dependent on collective bargaining and a number of other sustainability ideas being considered. A range of Works services would be affected by this reduction; however, efficiencies and innovative solutions would be sought during the implementation period in an effort to mitigate these impacts. Should the full 50% of casuals be reduced, this would result could result in an annual cost reduction of approximately $160,000 in the General operating budget. A reduction in 50% of casuals would also result in a reduction of vehicle rentals required to support operations in the amount of $22,000 (including fuel). The total projected savings for this sustainability idea could be up to $182,000. `[oy� PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT The City of Saint John's Transportation & Environment Services' Works Division hires casual workers to assist with the many services carried out during the summer season. These services include, but are not limited to, street cleaning, garbage collection, litter pick up and sweeping overnight in the central business district, traffic enhancement (i.e., line painting), surface maintenance (asphalt overlay, asphalt patching), SJ Water cut reinstatements, curb and sidewalk maintenance, and storm water management. While casual employees have an important role in addressing the peak work demands during the busy construction season, this sustainability idea proposes a reduction of the Works casual workforce by up to 50%. This reduction in casuals represents approximately 8% of the overall available resources over the summer season. However, the percentage of workforce reduction that may be implemented to address the deficit in 2021 and 2022 dependent on collective bargaining outcomes and other sustainability ideas that are being considered. STRATEGIC ALIGNMENT The savings realized by a reduction of the Works casual workforce supports Council's Priority to be Fiscally Responsible by contributing to the overall sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). A number of factors would influence the exact impacts as a result of this sustainability idea, such as the number of positions reduced, efficiency and innovative solutions to mitigate impact, and the range of tasks crews complete over the season. These factors will become more clear prior to and during implementation. The following list outlines the types of service offerings that may be impacted with a reduction in the Works casual workforce. • Traffic enhancement projects (new crosswalks, traffic calming, etc.) `NQ -3- • Sod reinstatement within City right-of-way damaged by winter plowing operations; • Litter pick-up overnight in the central business district; • Painting of bike symbols and lanes on the Trans Canada trail; • Asphalt overlay program; and/or • Response to citizen requests for service. In evaluating operating cost savings, a reduction of the Works casual workforce by 50% would result in an annual cost reduction of $160,000 in the General operating budget. This amount is based on the total wages and benefits for eight (8) of the sixteen (16) casual staff who were hired during the summer of 2019. Wages ($18.38/hour; 40 hours/week; 24 weeks) $17,645 Vacation pay (4%) $706 Subtotal $18,351 Fringe costs (9%) $1,652 Total cost for one (1) casual employee for a period of 24 weeks TOTAL for 8 Casual staff (50%) $20,003 $160,000 TOTAL for 16 Casual staff (2019 staffing level) $320,000 Should this Sustainability item be implemented, it is anticipated there would also be savings from a reduction in costs related to goods and services, particularly rental vehicles. With a 50% reduction of casuals, this would result in the need for two (2) less rental vehicles. This represents an additional savings of $22,000. Total potential savings from a reduction in Works casual workforce could be up to $182,000. This item is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented to address the deficit within the timeframe. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The staff of the Works Department provided input for this report. In addition, this report was reviewed the City's Finance and Administrative Services and Human Resources teams. ATTACHMENTS N/A ii[9LI Appendix: Initiative Criteria Evaluation Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target Evaluation Notes on Public Works Casual Workforce: • Range of impacts based on the percentage of workforce reduced (dependent on collective bargaining and other sustainability ideas being considered). Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards (Not added to hopper) 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling S. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Feeslncreases 8. Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increases 13. On -Street Parking Increase 14. Recreation Subsidies 15. Winter Street Maintenance 16. Economic Development Agency Funding 17. Arena Closure 18. Freeze CPI Adjustments for Inflation 19. Adelaide Street Facility 20. Fees for Emergency Response 21. Fire Light Vehicle Response — Medical Calls 22. Transit Redesign 23. Community Centres 24. Asphalt Overlay Program 25. Contracted Services Reduction 26. Rightsizing Recreation Facilities - Horse Stables 27. Leverage Uptown Saint John 28. Permit and Development Approvals New Fees `Wei 29. Cost Recovery for City Services at Events 30. Public Works Casual Workforce 31. Parks & Recreation Casual Workforce COUNCIL REPORT M&C No. 2020-59 Report Date February 14, 2020 Meeting Date February 24, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Permit and Development Approvals, New Fees —Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Amy Poffenroth/Evelyn Hatfield Jacqueline Hamilton John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed Permit and Development Approvals New Fees — Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The Growth and Community Development fees initiative associated with permit and development approvals is being presented in two phases; phase one was presented on December 2, 2019 and included adjustments to current fees. Phase two, the subject of this report, focuses on the opportunity for new fees. The new fees presented in this report for Council's consideration are grouped into four main categories: 1. Heritage Conservation Areas By-law Fees 2. Electrical Waiver Fee 3. Pre -Application Meeting Fee 4. Miscellaneous New Fees These categories of fees were selected based on the opportunity for revenue generation, ease of implementation, a move towards cost -recovery and common practice in other municipalities. This New Fees item is estimated to generate an additional $35,000 in revenue. 8[91:1 -2 - Given the legislated timeline for by-law amendments, it would take approximately three months to implement new fees from the initial Council decision. PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019-249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT Growth and Community Development fees associated with permit and development approvals are under review as part of the City's sustainability initiative. This item is being presented in two phases; phase one, presented on December 2, 2019, focused on adjustments to current fees and phase two, the subject of this report, will focus on new fees. If this sustainability item is approved by Common Council to be implemented as a sustainability initiative, the fees will be further refined and finalized before being presented to Council for final approval. The new fees presented in this report for Council's consideration are grouped into four main categories: 1. Heritage Conservation Areas By-law Fees 2. Electrical Waiver Fee 3. Pre -Application Meeting Fee 4. Miscellaneous New Fees These categories of fees were selected based on the opportunity for somewhat substantial revenue generation, ease of implementation, a move towards cost- recoveryand common practice in other municipalities. Consideration of newfees, in some cases, is challenging to put in place due to their administrative and operational impacts (cost and resources to collect and process fees), by-law impacts and can be difficult to benchmark. Heritage Conservation Areas By-law Fees The Heritage Service area within Growth and Community Development Services provides program support and service to 11 conservation areas and 555 heritage - designated properties. The 2020 budget to provide the Heritage Conservation service is $194,000. Currently, there is only one fee associated with the Heritage By-law — demolition of a designated property. While the Heritage Officer and the Heritage Development Board (HDB) provides a high level of support and guidance to heritage property owners looking to rehabilitate/restore/conserve their buildings, there currently is no fee for a heritage permit. The service area does not achieve any level of cost -recovery through the services it provides. `[otl -3- A variety of fees could be charged for heritage permits, based on the level of staff and Board effort to analyse and assess the applications and for any additional costs incurred. For instance, the Heritage Officer reviews and issues a number of heritage permits for maintenance work without having to go to the HDB; this would be the lowest permit fee charged. The next level of fee would be for more complex applications that require HDB approval, including Tier 1 and 2 infill applications. A Tier 3 infill permit application requires the service area to pay for additional costs for advertising and a peer review; therefore, it would be the highest permit fee to ensure those additional costs are recovered. At a minimum, any applications that require "outside" costs should have a fee applied to cover those costs. The chart below provides some idea of the range of fees depending on the permit application type. If Council chooses to proceed with new fees in the Heritage By- law, further analysis by staff would refine the fees and determine the suggested fee in each of the permit types. It is estimated that the new fees would result in approximately $10,000 of new revenue. Heritage Permit Application Type Range of Possible Fees Heritage Officer (HO) Approval permit $75-$100 Heritage Officer and Heritage Development Board (HDB) Approval permit $150-$200 Infill —Type 1&2 (HO and HDB) $200-$300 Infill —Type 3 (HO and HDB) $3,000-$5,000 Designation Removal — Research* *Currently under legal review $1,000-$2,000 There has historically been little to no heritage permit fees, mostly due to the fact that heritage property owners are subject to by-law requirements that do not apply to any other property owners. The absence of fees reflects the view that Heritage buildings are considered a community asset, attracting citizens and visitors and contributing to the vibrancy, history and beauty of our City. Municipalities in our region do not typically charge heritage permit fees, including Moncton and Halifax, who in some cases, exempts or grants building permit fees for work to heritage properties. Charlottetown charges heritage permit fees only if work has been carried out before a permit is issued. Portland, Maine has a robust heritage program similar to Saint John and does charge a range of fees based on the complexity of the project, similar to what is being proposed here. One point to mention is that the addition of heritage permit fees could result in increased compliance issues as owners may choose not to get permits, potentially redirecting staff efforts to one of compliance instead of facilitation. Another consideration is how a fee structure would relate to the heritage grant program. Approximately 30 percent of all projects that are issued heritage `DU] -4 - permits in a year are also provided with grant funding, while 50 percent of all eligible projects are provided grant funding. This number fluctuates depending on the grant budget in any given year. Understanding the future of the grant budget is in question, it seems counterintuitive to charge a permit fee then subsequently provide a grant for the same project. That being said, the service area provides a high level of technical review and applicant support, involving staff and the Heritage Development Board. The fee ranges suggested are relatively minimal and will result in a cost recovery of only five percent of the overall service cost. Recovering "outside" costs (i.e. peer review) associated with a few specific types of applications is strongly recommended. Electrical Waiver Fee The Community Planning Act requires that no electrical work can be undertaken without a building permit being issued. In some cases, building permits are not required for some minor electrical work. Electrical waivers are issued under the Building By-law when work to an electrical system is undertaken, but no building permit is required for that work. Most municipalities and Regional Service Commissions charge a fee to issue an electrical waiver; however, the City's Building By-law does not currently charge a fee for this service. Comparators are below: Municipality Fee for Electrical Waiver Fredericton $0 Hampton $30 Grand Bay $0 Moncton $30 Quispamsis $25 Rothesay $20 for estimate less than $2,400/ $7.25 per $1,000 estimate for all others Regional Service Commission #9 (SJ County) $25 The One Stop Development Shop currently issues, on average, 240 electrical waivers annually. A proposed fee of $30 per waiver would generate an average of $7,200 in revenue per year. Pre -Application Meeting Fees Since implementation of the One Stop Development Shop in 2016, pre - application meetings have been offered for free to developers of medium to large-scale and/or strategic developments. The purpose of the pre -application meeting, considered the first step in the development approval process, is to `[ole.] -5 - provide a developer with valuable feedback on their project, which will in turn save time once a formal application is made. There are, on average, 27 pre -application meetings per year. The service has received very positive reviews from participants and it helps to set projects up for success once permit applications are submitted. The meetings, including preparation and follow-up, are very resource — intensive and require review and analysis from a number of senior staff members due to the complexity of the files. Costs to provide the service vary; an average cost is in the range of $2,000-$6,000 per file, depending on the complexity of the project and the level of detail provided by the applicant. One option is to charge a fee for the pre -application meeting service. Another alternative, and one that some other municipalities have put in place, is an upfront fee for the service which is then deducted from the building permit fee once an application is made. In the past year, approximately half of the pre -application meetings held resulted in a building permit application. Staff is proposing a similar structure to others — an upfront fee with a reduction of the building permit fee if an application is made within a year from the meeting. If Council were to approve of this approach, further administrative, by-law and costing details would have to be worked out. For estimate purposes, if the fee was set at $1,000 and only 13 files proceeded to the formal application stage, the possible revenue would be $13,000 per year for this option. Miscellaneous new Fees There are a number of miscellaneous fees that are good options for new revenue, albeit present lower volumes than the fees discussed above. Some of the ideas further build consistency among the development by-laws, while others are intended to achieve cost -recovery. These fees need further review to determine the administrative, by-law, costing and operational requirements to present these fees for consideration. Some of these ideas are listed below: • Resubmission fees • Refund system • Renewal fees • After-hours inspection fees • Pre -application and liquor license • Double fees if working without inspection fee requested by owner permits in place The early estimated revenue generated by these miscellaneous fees is $5,000 per yea r. Implementation Permit and development fees reside in a number of development by-laws, i.e. Heritage Conservation Areas By-law, Building By-law, Zoning By-law, Subdivision By-law and policy documents. By-law amendments and Council approval will be required to adopt most of the new fees; in some cases, public hearings at the Planning Advisory Committee (PAC) and Common Council are required. If Council flsK -6 - chose to move forward with the suite of fee adjustments, Growth and Community Development Services would coordinate the various processes to have the fee adjustments considered at the same PAC and Council meetings, if possible. Given the legislated timeline for by-law amendments, it would take approximately three months to implement fee adjustments from the initial Council decision. STRATEGIC ALIGNMENT The potential revenue realized by Permit and Development Approvals, New Fees — Sustainability Item supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). With respect to Growth and Prosperity, the impact of some of the new fees discussed in this report is mainly one of perception of not encouraging growth and development in Saint John. Implementing Heritage Permit fees may negatively impact the perception of heritage property ownership and is not in line with other Maritime municipalities. This initiative does not require any investment and is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented in approximately three months. The new fees initiative is estimated to generate an additional $35,000 in revenue. This is in addition to the $80,000 in additional revenue considered in Phase 1 — "Permit and Development Approvals Fee Increases" for a total additional revenue of $115,000. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance Team has reviewed projected revenue. ATTACHMENTS N/A 111 Appendix: Initiative Criteria Evaluation :u.00 90 80 70 50 U 0 40 30 20 10 0 -7 - Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 0 ➢. 2 3 4 5 Financial..Farget Evaluation Notes on Permit and Development Approvals New Fees: • Growth & Prosperity- Perception of not encouraging growth; heritage fees may not be in line with other municipalities • Valued Service Delivery -100% feasible Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards (Not added to hopper) 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Fees Increases 8. Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increases 13. On -Street Parking Increase 14. Recreation Subsidies 15. Winter Street Maintenance 16. Economic Development Agency Funding 17. Arena Closure 18. Freeze CPI Adjustments for Inflation 19. Adelaide Street Facility 20. Fees for Emergency Response 21. Fire Light Vehicle Response - Medical Calls 22. Transit Redesign 23. Community Centres 24. Asphalt Overlay Program 25. Contracted Services Reduction 26. Rightsizing Recreation Facilities - Horse Stables 27. Leverage Uptown Saint John MN 28. Permit and Development Approvals New Fees 29. Cost Recovery for City Services at Events 30. Public Works Casual Workforce 31. Parks & Recreation Casual Workforce COUNCIL REPORT M&C No. 2020-68 Report Date February 07, 2020 Meeting Date February 24, 2020 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fire Service Fee Recovery for Emergency Response — Sustainability Initiative OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Josh Hennessy Kevin Clifford I John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed Fire Service Fee Recovery for Emergency Response Sustainability Initiative as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The City of Saint John Fire Service currently provides six public safety services to the citizens of Saint John, including Fire Rescue and Suppression, Technical Rescue/Motor Vehicle Accidents, Hazardous Material Response, Fire Prevention, Fire Prevention, and Medical First Responder. The City currently does not recover full cost for emergency response activity related to any of the above activity. Given the City's sustainability challenges, this report proposes that the City recover costs for the staff work related to Fire Rescue and Suppression (occupancy type specific — all but residential), Hazardous Materials Response (within the city), Technical Rescue, Motor Vehicle Accident Response (non-resident) and other agency response requests. This cost recovery solution would result in approximate revenue of $90,000 (before HST and HST rebate). PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019-249: 'Sustainability: Addressing the Deficit 2021-2022'. MCI REPORT The City of Saint John Fire Service currently does not recover costs for emergency response activity related to Fire Rescue and Suppression, Hazardous Materials Response (within the city), Technical Rescue, Motor Vehicle Accident Response, and Other Agency Response Requests. Call activity can be further broken down into the following call types that may be considered for fee recovery: Fire Rescue and Suppression • Commercial Occupancy • Industrial Occupancy • Institutional Occupancy • Residential Occupancy — incremental cost recovery captured through prior Council resolution through Fire Marque (insurance recovery) Hazardous Materials Response (within the city) • Level • Level II • Natural Gas Response • Rail Response Technical Rescue • High Angle • Water Rescue • Machinery Extrication • Elevator Incident Motor Vehicle Accident Response • Response to a non-resident accident Other Agency Response Requests • Outside city limits • Requests for response The Saint John Fire Department proposes to recover costs related to this activity, inclusive of administrative fees based on historical call volumes, and relative to best practices of other municipalities. All of these fees are in place throughout other municipalities in Canada at varying rates. Examples of municipalities that have adopted similar practices are Campbellton NB, Mississauga ON, Red Deer AB, Brampton ON, Edmonton AB, Toronto ON, and Kenora ON. The forecasted recovery revenue from this initiative is $90,000 annually (before HST and HST rebate). 2 114 Approach to Implementation Implementation of cost recovery for the proposed fire response activity requires an amendment to the Fee for Service By-law and the creation of a Fire Service By-law. Tentative dates for By -Laws to Council are as follows: • Fee for Service By -low -to be brought before Council August 2020 • Fire Service By -low -to be brought before Council September 2020 STRATEGIC ALIGNMENT The revenue realized by recovering costs for Fire service activity for Fire Rescue and Suppression, Hazardous Materials Response (within the city), Technical Rescue, Motor Vehicle Accident Response, and other agency response requests supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). This initiative supports Council's Priorities of a Vibrant, Safe City and Valued Service Delivery. The intention of this initiative is for residential property owners to incur no additional cost for fire suppression response, as the incremental costs are captured through insurance. There will also be no reduction to service for the public. For the most part, cost recovery is directed towards commercial, institutional, and industrial related sites and non-residents. There will be minimal investment requirements associated with implementation. Costs will relate to the enforcement and education of Fire Service staff. All costs will be covered through the annual operating budget. Implementing the Fire Service Fee Recovery Sustainability Initiative could result in savings to the general operating budget of approximately $90,000 (before HST and HST rebate) in 2021. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input for this report was provided by Saint John Fire Service, Legal, Finance, and the Sustainability Initiatives Team. ATTACHMENTS N/A. 3 115 Appendix: Initiative, Criteria Evaluation I CH.] go HS '70 60 Relative Evaluation of Sustainabi lity Illlrnitiat ves Ibased, on lirnpart and Finaridallll Target Evaluation Notes on Fees for Emergency Response: * Valued Service DeliverV - Should be iinfo Service impact to the community Note.- Evaluoted rmbct°fisf thatfoIr Mthfn the Ve-filow and greoen oreus shou),d be cosivdoered as optfosis to address the 2021 and '= defttir. Oftionves thorfaU d'oEe to ride redshould anu°y becansioered if there are ao nther options: to, oddrL-ss the defoh ;t Sustaiinallbilility Initiatives Evaluatedl as: of February 24, 2020, (Not ilincludiling Continuous: Improvement Items) t.. Passport to Parks 2. Lifeguards (ovat added w hcpperJ 3,. RigtitSizing Recreation Facilities - Rainbow IPuark Ica "surface 4. MgtitSizing Recreation Facilities- Seaside Park Lavin ISoWing 5. Playground Program 8. Fire Semite Fee Recorvefy 7'. Permit and Deve1opment Appmoval F'ees Increases Grants & Incentives 9. Girovith Reserve Fund 10. Non-ReSident Differential Parking F'EES t.:1. Monthly ParKing Illncireaae I.2.. Parkiinff Ticket Increases 13. Cn-Street Parking Increase 14. Recreatain subsidies 15. Winter Streat Ik4aiirntenuairnce I.S. Economic IDeeellopiment Agenq Punding 17. Arena C110SUIre I.B. Freeze CPI Acl� ustme nts f or Inflation 19. Adelaide, -Street Fadl&� 20. R3,Es� for Emergency Response 2:1. Fire Light Vehiozle Reslpcnse — ma icalll madicalll cab 2Z. Transit Redip3tn 25. Community Cientres 24. Asphalt Oday Rrogira m 25. Contracted Services Raduction 26. Rthitsiming IRecreation FaliflteS - Horse sztables 27. Leverage Uptown 53mt Johin 25. Permit end Development 4Lpp�rovails New FEES 4 116 Z9. Cost IRecoveirk for city ServiCLIs at Events 30. Public Work,.; Casual workfforce 31. Parks & Recireation Casual WorkforcE COUNCIL REPORT M&C No. 2020-048 Report Date January 31, 2020 Meeting Date February 10, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Asphalt Overlay Program - Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Holly Young Michael Hugenholtz I John Collin RECOMMENDATION It is recommended that Common Council endorse the proposed Asphalt Overlay Program - Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The City of Saint John has a road network of approximately 1,310 lane -kilometers of paved streets that are classified as Arterial, Collector, Local or Rural Roads. Typical treatments used to maintain City streets include pothole filling, crack sealing, resurfacing, and structural overlay. Where warranted, a full street reconstruction is performed. Where feasible, street reconstruction work is coordinated with other infrastructure construction projects (sewer/watermain) and is not included as part of resurfacing program. The City's annual asphalt overlay program to repair and resurface streets completes on average, 15 lane -kilometres (21 streets) per year at a cost of approximately $500,000. Given the City's current sustainability challenges, this report proposes that the City reduce the Asphalt Overlay Program by $200,000. -2 - PREVIOUS RESOLUTION On October 7, 2019, resolved by Council to receive and file M&C 2019-249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT In order to get the best value for the dollar and the longest life span from a street, the following asphalt treatment methods are considered: preventive maintenance (crack filling; resurfacing); temporary stop gap (pothole repair/patching; structural overlay); full street reconstruction. Each year, inspections are completed on all city streets. Inspection results including number and types of cracks are recorded with a rating assigned. The street rating determines the treatment method. Consideration is given to streets that have not deteriorated past the point of resurfacing. Prior to undertaking work each year, Common Council is provided a list of streets proposed for resurfacing. In some instances, street surfaces deteriorate beyond a desirable condition and do not meet criteria for the street resurfacing method. As a result, asphalt resurfacing is not a viable option and a full street reconstruction is necessary. Since the budget to reconstruct these street sections is not always available, we have an asphalt overlay program that improves the driveability of these areas until a permanent repair can be implemented. This is considered a 'band-aid' solution that is intended to last up to eight years. The City spends approximately $500,000 per year on the Asphalt Overlay Program maintenance. On average, 15 lane kilometres (21 streets) are resurfaced each year. This initiative would see the funding for the overlay program reduced by $200,000. This proposed material reduction will enable efforts to be redirected to other necessary street related work including on-going repairs and local drainage projects. This will not increase the long term costs to the City, as these street sections have already deteriorated to the point of requiring full reconstruction. As Council is deeply aware, there are numerous initiatives being presented for consideration to increase revenue and/or reduce costs. The initiative Fees for Use of Municipal Parks was examined and it was determined unfeasible. With a required initial capital investment of approximately $90,000, low expected revenues, potential negative impacts to businesses within the parks, and that parking fees at municipal parks is not common practice, this item when measured against Council's Priorities is not being recommended for consideration at this time. To offset the Fees for Use of Municipal Parks Initiative, it is proposed that Council consider the Asphalt Overlay Program item. STRATEGIC ALIGNMENT `§F:3 -3 - Supporting Council's Priority to be Fiscally Responsible and will contribute to the Sustainability Initiative included within the Asphalt Overlay Program. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). Growth & Prosperity - there will be minor impact as streets will be a priority; however, efforts redirected to other necessary improvements. Vibrant, Safe City - there will be no impact. Valued Service Delivery - there is a minor impact with implementing this initiative. Strategic street infrastructure investments will continue and asset management plans will remain. This item is 100% feasible as it is solely a decision of Common Council. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Input was provided by Transportation & Environment Services. Finance & Administrative Services has been advised of this report. ATTACHMENTS N/A flfl�7 Appendix: Initiative Criteria Evaluation 100 80 60 U C6 40 20 0 Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target Financial Farget Evaluation Notes on Asphalt Overlay Program: • Growth & Prosperity - there will be minor impact as streets will be a priority; however, efforts redirected to other necessary improvements. • Vibrant, Safe City - no impact. • Valued Service Delivery - there is a minor impact with implementing this initiative. Strategic street infrastructure investments will continue and asset management plans will remain. Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of February 10, 2020 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards (Not added to hopper) 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Fees Increases 8. Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increases Wel 13. On -Street Parking Increase 14. Recreation Subsidies 15. Winter Street Maintenance 16. Economic Development Agency Funding 17. Arena Closure 18. Freeze CPI Adjustments for Inflation 19. Adelaide Street Facility 20. Goods and Services Budget for Mayor & Council (Not yet presented) 21. Fire Light Vehicle Response — Medical Calls 22. Transit Redesign 23. Community Centres 24. Asphalt Overlay Program 25. Contracted Services Reduction 26. Rightsizing Recreation Facilities — Horse Stables COUNCIL REPORT M&C No. M&C 2020-58 Report Date February 20, 2020 Meeting Date February 24, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Summer 2020 Sports Field, Arena Floor, and Tennis Rates OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATIONS Your City Manager recommends Common Council: 1. approve the Summer 2020 Sports Fields, Arena Floor, and Tennis Rates presented in Table 2 of M&C 2020-58, and 2. approve the updated Outdoor Facility Allocation Policy, attached to M&C (404111.71:1 EXECUTIVE SUMMARY The recommended Summer 2020 Sports Fields, Arena Floor, and Tennis Rates are the first of a 3 -year iterative plan to implement the Recreation Subsidization Policies, approved by Common Council in December 2019. The rates proposed in 2020 achieve 40% of the cost recovery percentage targets in the policies. Contemplated equivalent increases in 2021 and 2022 would result in achieving 70% of the policy targets in 2021 and 100% of the approved policy targets in 2022. The additional revenues in 2021 and 2022 resulting from the rate increases would contribute to the projected deficits in each of these two years as a Sustainability Initiative. The 3 -year implementation plan also allows measures by the City and user groups to mitigate the financial impact to these groups. To remain consistent with the Ice Allocation Policy, City staff are recommending an addition to Section 15 of the Outdoor Facility Allocation Policy. Limit and Conditional Coverage for physical and sexual abuse is proposed to be required for organizations/groups dealing with youth 18 years and under. The updated Policy is attached to this report for Council endorsement. 121 -2 - PREVIOUS RESOLUTION On December 16, 2019, via M&C 2019-332, Common Council approved the following Recreation Subsidization Policies: • 50% Modified Cost Recovery Value for fields and arena floor • 90% Modified Cost Recovery from Adult Residents • 70% Modified Cost Recovery from Senior Residents • 60% Modified Cost Recovery from Youth Residents • 60% Modified Cost Recovery from School Teams from schools based in Saint John • 60% Modified Cost Recovery from Tournaments • 100% Modified Cost Recovery from Non -Residents • 100% Modified Cost Recovery from For Profit Businesses REPORT An Incremental Approach to Implementing Approved Recreation Subsidization Policies Common Council's approved Recreation Subsidization Policies were among the content discussed at a meeting City staff held on January 16, 2020 with sports facility user groups. Some of these groups during and following the meeting indicated the facility rental fees they would need to pay to align with Council's new policies would be unaffordable to their organization and membership. City staff have heard these concerns. Staff's goal is to work with these user groups in an attempt to maintain their sustainability while at the same time reaching the policies and required contributions to the City's 2021 and 2022 projected deficits. In short, it's will be about balance. One way staff propose to attain this goal is to implement the approved Recreation Subsidization Policies in an incremental approach over a three-year time frame (2020-2022). The incremental approach allows the user groups to adjust to the policy over a longer period of time while allowing City staff to work with these groups on mitigating measures, such as those described further in this report. Recommended Plan for 2020 City staff is recommending a partial (40%) implementation of the Recreation Subsidization Policies in 2020. For example, instead of achieving 90% cost recovery from adults as described in the policy, 36% cost recovery is being recommended for 2020. The recommended recovery goals for 2020 would be as follows: `SOA -3- • 36% Modified Cost Recovery from Adult Residents • 28% Modified Cost Recovery from Senior Residents • 24% Modified Cost Recovery from Youth Residents • 24% Modified Cost Recovery from School Teams from schools based in Saint John • 40% Modified Cost Recovery from For Profit Businesses Table 1 below compares the modified cost recovery percentages for sports fields (ball diamonds and multipurpose fields) and arena floor if the 2019 rates were applied in 2020 versus applying the goals described in the preceding paragraph. Table 1: Comparison of Modified Cost Recovery % for sportsfields, arena floors, and tennis between 2019 and 2020 rates Facility Type Modified Cost Recovery /a if 2019 rates used Modified Cost Recovery with'use of'staff's recommendations for 2626 Field Youth 23% 24% Field Adults 35% 36% Arena Floor Youth 33% 33%** Arena Floor Adults 33% 36% Tennis Youth 0% 24% Tennis Adults 0% 36% * To remain consistent with December 2019 Council report and for comparison purposes, Cost Recovery Percentages based on 2020 Operating Budget, no changes in demand, and implementation of some Sustainability Initiatives. ** Modified Cost Recovery percentage is already at 33% and therefore is proposed to remain for 2020 Table 2 below displays the 2019 approved recreation facility rental rates as well as staff's recommended 2020 recreation facility rental rates based on the recommended recovery goals for 2020: Table 2: City Staff Recommended 2020 Recreation Facility Rental Rates Facility Type Category 2019 Approved Hourly Rates (+ HST) 2020 Recommended Hourly Rates (+ ,HST) Field Class A Adult Hourly $36.73 $39.00 Field Class A Youth Hourly $16.43 $17.00 Field Shamrock Artificial Adult Hourly $64.57 $66.00 Field Shamrock Artificial Youth Hourly $39.57 $40.00 Field Class B Adult Hourly $24.25 $26.00 Field Class B Youth Hourly $5.43 $6.25 Field Class C Adult Hourly $22.10 N/A* `IN -4 - Field Class C Youth Hourly $4.78 N/A* Field Class A Adult Tournament** $36.73 $17.00 Field Class A Youth Tournament** $16.44 $17.00 Field Shamrock Artificial Adult Tournament** $64.57 $40.00 Field Shamrock Artificial Youth Tournament** $39.57 $40.00 Field Class B Adult Tournament** $24.25 $6.25 Field Class B Youth Tournament** $5.44 $6.25 Field Class C Adult Tournament** $22.10 N/A* Field Class C Youth Tournament** $4.78 N/A* Arena Floor Youth $32.78 $33.00 Arena Floor Adults $32.78 $40.00 Shamrock Tennis Court 1-5 Youth $0.00 $5.00 Shamrock Tennis Court 6-8 Youth $0.00 $3.00 Shamrock Tennis Court 1-5 Adults $0.00 $8.00 Shamrock Tennis Court 6-8 Adults $0.00 $5.00 *note there are no Class C fields in 2020. St. Peter's ballfield is maintained to a Class B standard and therefore is being reclassified accordingly. ** note in 2020 as per policy, 20% of participants in a tournament must be from outside Saint John region for this rate to be applicable Update on Implementation of 100% Modified Cost Recovery from Non - Residents Policy The Recreation Subsidization Policies endorsed by Common Council in December 2019 require that Saint John resident users of City recreation facilities should benefit from City taxpayer subsidies (i.e., taxpayer funds used to keep facility rental costs lower, below full cost recovery). Non-residents should contribute 100% of the modified or full cost recovery rates. Implementation of this Policy can be achieved in various ways, as staff previously discussed with Council, including the following options: 1. Subsidized Rental Rates with Non -Resident User Fee via Recreation Cards, Full Modified Cost Recovery Rates with City Resident Rebates, or A Regional Solution. The Regional Management Task Force, initiated with Part Two of Sustaining Saint John: A Three Part Plan, is still working toward regional service and cost sharing opportunities. A report from this Task Force is expected in the coming months. Citv staff is not recommendine imolementation of Ootion 1 nor Ootion 2 for the 2020 summer season (sports fields, tennis, arena floor). Subsidized hourly rates, provided for the benefit of both residents and non-residents are being recommended for the season. This delay will provide the Regional Management Task Force with several more months to seek a regional solution (Option 3). Staff's recommendation also reduces financial barriers to user groups and their membership in line with staff's overall recommended incremental approach lif�zl -5 - City staff plan to return to Common Council in the next few months seeking approval of rental rates relative to the Recreation Subsidization Policies for the 2020-2021 arena ice season. In conjunction with this process, City staff would also return to Council with recommendations to implement cost recovery targets from non-resident users, depending on the outcomes of the Regional Management Task Force's recommendations. Mitigating Financial Impacts to User Groups with Implementing Approved Recreation Subsidization Policies Implementation of the Recreation Subsidization Policies over multiple years provides opportunities for user groups and City staff to continue to work together to mitigate the resulting financial impact to user groups while ensuring Council's Subsidization Policies adequately contribute to the 2021 and 2022 deficits. User groups can pursue opportunities in several ways, such as: 1. Increasing use of City facilities — Greater number of hours that City facilities are booked allows the cost recovery targets to be spread out over more utilized hours, resulting in lower per hour rental rates. 2. Seeking sponsorship — Some user groups already offset some of their costs with sponsorship funding. Opportunities to increase sponsorship could and should be explored. 3. Community Management — User groups can be working with the City to assume some facility maintenance responsibilities. Note that safety risks, the City's integrated maintenance resources, and field allocation implications need to be considered as options are explored. 4. Increasing participation rates or registration fees — User groups may increase participation or require their participants to pay higher registration fees to cover the increased facility rates. With the City's incremental implementation of Council policy, user groups may choose to do the same in relation to increasing their registration fees over a number of seasons. The City will continue to seek other revenue generation and cost mitigation opportunities that will also reduce costs to both user groups and City taxpayers such as: Continuous Improvement Initiatives — such as a recent change in the City's field line -marking process that will save $10,000.00 annually. Room/storage rentals — The City has clubhouses, rooms, and canteens at various facility complexes. There is an opportunity to more consistently rent these spaces for an appropriate fee that would decrease the amount of funding needed from hourly rentals. `P491 -6 - Shared facility advertising — City staff are developing a process whereby revenues from advertising at facilities would be shared with the user group that secures it, benefiting that group and reducing revenues needed from hourly rentals for all user groups. Additional opportunities would be available for City arenas. These will be discussed in a subsequent Council report. Facility Rate Comparisons with other Regional and Atlantic Canadian Jurisdictions Adequately comparing Saint John's recreation facility rental rates with rates charged in other jurisdictions is difficult and can easily lead to misinterpretations. Through jurisdictional scans, City staff has been unable to find sufficient examples of rental rates being charged relative to cost recovery policies. Absent comparison to cost recovery percentages, it is not possible to identify the level of taxpayer subsidization that a community chooses to invest. For an extreme example, there is some evidence in other jurisdictions where a user group is not charged at all for some use of recreation facilities, meaning that period of use is 100% subsidized. Further, there are variations in how jurisdictions charge for use of facilities. As examples: • the 2019 rate for equivalent class A field in the City of Fredericton was $35.17 + HST per hour, but add an additional $70.00 + HST fee for lights per game was charged, and • the City of Miramichi charged a flat rate of $200.00 per team for an class A field for the season in 2019. As reported in December 2019, the Halifax Regional Municipality (HRM) completed a study in early 2019 that developed recreation facility rental rates based on cost recovery policy. HRM Council subsequently directed staff in February 2019 to defer the implementation of any or all fee changes until the 2020-2021 fiscal year to allow time for further review and potentially a staggered approach to implementation. That being said, their work introduced the opportunity for a more complete benchmarking exercise using factors such as inventory of facilities, hours of use per facility, and associated operating costs. It should be noted, however, that there were additional factors that do not allow for a direct comparison of their rates with those of Saint John. Examples of differences include: the scope of operating costs applied; incremental service costs for users (e.g., lighting fees); and, an average full -cost recovery rate quoted in their report (current 100% cost -recovery rates for Halifax range from $102.83/hour for Class 'A' fields, down to $30.76/hour for Class'D' fields). The overarching principles used for the setting of rental rates in HRM are that they are to be based on cost recovery, they consider similar services offered by comparator providers, and that there are no dramatic increases over current rates, using a staggered approach if required. `PU -7 - PLANNING FOR 2021 and 2022 City staff are contemplating continuing beyond 2020 the theme of an incremental approach to reaching Council's approved Recreation Subsidization Policies. The goal of this plan is to reach the associated cost recovery targets by 2022. Building off of the 2020 cost recovery goals, with Council's support of City staff recommendations in this report, the plan would be to implement two equivalent cost recovery percentage increases in 2021 and 2022 as shown in Table 3 below. This continued incremental approach provides more time for user groups to adapt to associated rate increases impacts. Table 3: Suggested Modified Cost Recovery for 2021 and 2022 Facility Type Recommended 2026 Modified Cost Recovery % Currently, Suggested Modified Cast Recovery ! for 2021 Currently Suggested Modified Cost Recovery ! for 2022' Field Youth 24% 42% 60% Field Adults 36% 63% 90% Arena Floor Youth 33% 42% 60% Arena Floor Adults 36% 63% 90% Tennis Youth 24% 42% 60% Tennis Adults 36% 63% 90% Chc k dzae to enzta text, STRATEGIC ALIGNMENT This Report aligns with all four of Council's priorities of Growth & Prosperity, Vibrant Safe City, Valued Service Delivery, and Fiscal Responsibility. SERVICE AND FINANCIAL OUTCOMES Table 4 below includes the 2020 Budgeted versus Projected Revenues as a result of the recommended 2020 rates and the 3 -year proposed incremental plan to reach Council's approved Subsidization Policies by 2022. Table 4: 2020 Budgeted versus 2020 Projected Revenues Facility Type 2020 2020 Projected approximate budgeted projected increase in revenues in revenues revenues 2020'co pared to budget Sportsfields $162,758 $179,000 $16,000 Tennis $0 $2,000 $2,000 Arena Floor $19,200 $20,000 $1,000 WN TOTAL 1 $19,000 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff from Finance & Administrative Services and the Sustainability Team provided input for this report. Consultation Session January 16, 2020 City staff continues its commitment to consult with user groups who rent the City's recreation facilities as the City works to achieve Sustainability. City staff invited user groups who rent City arenas, ball fields, and Shamrock tennis courts to a meeting on January 16, 2020. Several topics related to Sustainability were discussed at this meeting including Council's approved Recreation Subsidization Policies and resulting potential impacts to rental rates. The overall consultation session took place overjust short of a three-hour timeframe, with a great deal of dialogue among those in attendance. Comments made by the user groups were numerous and provided invaluable input for staff. Although the full meeting minutes of the session were documented by staff for future reference, some of the general themes that arose are summarized here, as they relate to this report. Those in attendance at the session generally understood the City's financial challenges, as well as the fact that the Recreation Subsidization Policies had been approved by Common Council. That being said, there were concerns expressed by many around the long-term viability of their organizations with the increased costs of rental rates. Some felt they may not be able to continue to operate, which would result in a loss of volunteers, as well as a lost opportunity to invest in young athletes, which could not be recuperated down the road. A series of questions and comments were under the theme of comparison with other municipalities; staff expressed that very few models utilizing cost -recovery targets exist for comparison. There were several questions concerning comparisons specifically with Halifax; details along that theme were provided earlier on in this report. There were also comments requesting that additional funds be invested with the goal of maintaining City fields to a higher standard, with comparisons made to other areas. Staff pointed out that Saint John is in a unique financial situation with regard to how much can be invested in recreation as a municipality. Common Council will be briefed by staff in subsequent reports on feedback received during and following the meeting relating to other topics. `1181:3 -9 - Feedback from Saint John Alpines The Saint John Alpines submitted a letter on Common Council's January 27, 2020 meeting agenda, which is attached to this report and was referred to the City Manager. City staff have consulted specifically with representatives of the Saint John Alpines on a number of occasions, including subsequent to the letter referred to the City Manager in January 2020. City staff appreciate the uniqueness of the Saint John Alpines organization, such as: • The high costs to the team associated with maintaining a high caliber competitive team and the travel involved (all their competition is outside the Saint John region, closest being in Fredericton), • Field rates represent the third greatest cost to the organization, and therefore increases impact their ability to remain competitive and sustainable, • They recognize Memorial Hardball field is underutilized compared with other City ball diamonds given its configuration, • As their Senior Alpines team is just one team, there is concern over limitations to rate increase costs on a per -participant basis, • Sponsorship is already a significant revenue stream to offset their organizations' costs, and • With all competition being in other municipalities, the level of subsidization of field costs vary, which can introduce varying financial pressures to league teams, including the Alpines. City staff presented the Saint John Alpines representatives with the the three- year plan to implement Council's Subsidization Policies, and the interim mitigating measures described in this report. Although they welcome and plan to participate in pursuing mitigating measures described in this report, further rate increases reaching the full cost recovery policies would prove to be challenging. ATTACHMENTS Saint John Alpines letter submitted to Common Council January 27, 2020 Updated Outdoor Facility Allocation Policy for approval 0046.1 At a recent meeting (Jan 16) held with field/arena users, the City outlined plans for rental rates over the next 2 years. The meeting was led by Tim O'Reilly. He went into detail, explaining the City's financial situation, and some of the steps needed to balance the budget. He explained that $10 million in savings needs to be found from various sources. The meeting was open to, and attended by, representatives of various facility users, such as baseball, soccer, hockey, speed skating, slo pitch softball and others. Coun. Armstrong and His Worship Mayor Darling also attended. Mr. O'Reilly reviewed the recovery rates for rentals on various facilities. He also reviewed the policy, recently adopted by Council which staff is bound by, which dictates much higher recovery rates than exist at present. The policy requires a 90% recovery rate on adult use, 70% recovery rate for Seniors and 60% on youth. The proposal for 2020 is that these targets be set at 50% of target, and be fully implemented for 2021. The Saint John Alpines organization run teams that fall under both youth and adult categories. We do not dispute that the City is in financial trouble, nor do we dispute that major corrective action needs to be taken. Our concern is that this policy will result in increases that will see our field rental costs increase by 87% for 2020, and double for 2021, going from an annual cost of (approximately) $6,000 for 2019, to (approximately) $18,000 for 2021. And it was made clear that field maintenance would not be improved. All field users would receive similar increases. In addition, a levy will be placed on players from outside the City, to play on City fields. We have three points to make. First, these increases are, to say the least, astronomical. We cannot operate in 2021, and 2020 is in question as well, with increases like this. 264 130 Secondly, we are not sure that Council fully understood the implications of the cost recovery targets, when deciding to adopt the policy. All teams and sports have been placed in a difficult situation, as they try to decide how, or if, they can absorb these cost increases. Thirdly, regardless of the particular sport, the policy will have major impacts on youth sport and their participation levels. This was seen this winter in hockey, when the tipping point on registration was reached for many. As a community, we believe people support youth sport, and recognize the long term health benefits. The cost recovery model is based on some recommendations presented to Halifax Regional Municipality (HRM). When asked in the meeting what the standards are for Fredericton and Moncton, Mr. O'Reilly indicated that those cities do not have that data. So point being, the decision is based on a small sample size, and also on the fastest growing municipality in Eastern Canada. They are in a much different place than Saint John. The hourly rate for a AA field in HRM, which would be comparable to Memorial Field in Saint John, is $20/hour for adult, $10 for youth. Our rate last year was $36.73 for adult, $1.6.43 for youth, plus tax in all cases. So the starting point for this comparison is quite different. We are not sure this was taken into consideration, or what weight was given to it. And, it is not clear to the writer that these recommendations have even been accepted or implemented by HRM. We have no issue with City staff. We understand that they take direction from Council . Our ask is that Council "press pause" on this decision and reconsider the full impact to sport and recreation in the City. However, the reality is that spring/summer sports are already gearing up for their seasons, so need clarity, quickly, on field costs, so that they can make the decisions that they need to make. So if Council is gracious enough to consider this request, we would also ask for a timely response. 265 131 Again, our sense from the meeting last week is that users are prepared to pay more. But there is a limit to what can realistically be expected. As well, we fully recognize that every group being affected by the present situation will not want to have their budget cut or costs increased. We get it. But a 175% cost increase is, frankly, too much. The Alpines rates for games and practices are already the highest in the Province. Hourly Field Rates Junior Senior 2015 N/A $ 22.65 2016 N/A $ 29.45 2017 $14.58 $ 31.16 2018 $14.87 $ 34.50 2019 $ 16.43 $ 36.73 There has been a 62% increase in Adult rates from 2015 — 2019. If proposed rates are implemented we will have a 342% increase from 2015 .,-•-- 2021 Thank you for your consideration. On behalf of the Saint John Alpines Senior and Junior Baseball Teams Kevin Ferguson 57 Scotiaview Drive 647-8076 Terre Hunter 50 Fenton Drive 672-1033 266 132 1. FIELD OPENINGS OUTDOOR FACILTIY Allocation POLICY (including arena floor rentals) • Baseball/softball diamonds and sports fields open on the Friday before the Victoria Day long weekend in May (May 15, 2020), weather permitting. • Emera Artificial Turf Field opens April 1, 2020, (potential for earlier dependent on the weather). 2. FIELD CLOSINGS • Baseball/softball diamonds close on September 7th, 2020 • Memorial Park and Forest Hills A Levels fields remain open until the second weekend in October to accommodate High School play and to finish adult league play. • Multi -use sports fields will close on the second weekend in November. • Emera artificial turf field at Shamrock Park will close the second weekend in November. Staff will close the field earlier/cancel bookings in the event of a large snowfall prior to the set closure date. The field may be opened upon request weather permitting. 3. CURFEW • All fields with lighting must end play by 12:00 midnight, as lights cannot be left on any later than this time per City bylaw. 4. OFF SEASON ARENA OPENINGS/CLOSING • Arenas will be open for arena floor bookings beginning Monday, April 13th, 2020 • Arenas floors are closed for the season on September 20, 2020- unless stated otherwise. S. TENNIS COURTS OPENINGS/CLOSING • Opening of the tennis courts is weather dependent and will be at the discretion of Parks and Recreation Staff, (April or May). • Closing of the tennis courts is weather dependent and will be at the discretion of Parks and Recreation Staff, (mid to late October). `19193 6. PRIORITIY SCHEDULING PROCESS The City of Saint John will allocate outdoor facilities, (arena floor) according to the following priorities: 1. City of Saint John Programs and Special Events. • Priority may be given to City of Saint John sponsored Special Events (Provincial & National Sporting events), dependent on the scope. 2. Youth Associations, Organizations, and Groups. • Non-competitive and Competitive Youth Groups will be non-profit and based in the City of Saint John. • Will be established providers of quality sport and recreation programs for youth. • Membership in the group will be made up predominantly of City of Saint John residents. • Youth Associations, Organizations, and Groups must also: ■ Be guided by a constitution and bylaws ■ Have an auditable financial statement ■ Be affiliated with a Sport Governing Body ■ Have an elected board of directors • Non-competitive and Competitive Youth Associations, Organizations, and Groups may be required to produce evidence that the above conditions are met. 3. New Brunswick Department of Education and School Districts. • Publicly funded schools recognized by the province of New Brunswick as an educational institution, located in the City of Saint John. • Membership in the group will be made up predominantly of City of Saint John residents. • When schools are booking Department of Education owned fields, they will receive first priority until 5pm for practices and full priority for games, providing that booking deadlines are met. 4. Adult Associations, Organizations, and Groups. • Purpose of the Association, Organization, or Group is to involve individuals in recreation and sport. • Membership in the group will be made up predominantly of City of Saint John residents. 5. Commercial and Occasional Users. • For profit organizations or individuals that use ice time with the intent of generating positive net income. 2 134 7. RESIDENCY REQUIREMENTS The City of Saint John recognizes the tax -based contributions provided by its residents toward the development and operation of recreational facilities. The City of Saint John also recognizes that residents will always receive priority over non-residents; therefore, it shall be the guideline of the City of Saint John to require applicant groups to demonstrate that a minimum of 75% of their total membership are residents of Saint John in order to be placed in the allocation priorities. Those groups who do not meet the 75% requirement will be placed in order of residency rate in the allocation process in their respective sections. Groups that are not based within the City of Saint John and have zero Saint John residents will be booked last overall. The City of Saint John reserves the right to impose residency requirements or limitations on field applicants where field capacity is restricted (i.e. where demand outweighs supply). 8. RESIDENCY INFORMATION The City of Saint John reserves the right to request that applicant groups submit to Parks and Recreation their membership lists from the current year including participants' telephone numbers and addresses, for review. If membership lists are not provided within the specified timeframe, it will be assumed that 100% of the members from the applicant group are non-residents. All information submitted will not be shared and is for verification of residency only. 9. DEADLINES FOR FIELD REQUESTS AND CONFIRMATION 10. TOURNAMENTS/SPECIAL EVENTS Any groups wishing to use City fields for a tournament should contact 658-2908 or www.playsi.ca to make the necessary arrangements: a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being a Registered Charity. b) Groups fundraising for a Registered Charity, (donating all proceeds of the tournament) will receive a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity confirming the donation. Pictures of cheque donations are not accepted. c) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice will result in loss of the deposit, cancellation without 30 days' notice the user will be required to pay 50% of the billed amount less the deposit. `19191 Applications Contracts out Contracts Signed & Deadline Returned Spring 2nd Friday in February Last Friday in 2nd Friday in March February Summer 3rd Friday in March Last Friday in 2nd in Friday in April March Fall 1St Friday in June 3rd Friday in June Last Friday in June 10. TOURNAMENTS/SPECIAL EVENTS Any groups wishing to use City fields for a tournament should contact 658-2908 or www.playsi.ca to make the necessary arrangements: a) Fundraising organizations will receive a 100% discount off the tournament rate with proof of being a Registered Charity. b) Groups fundraising for a Registered Charity, (donating all proceeds of the tournament) will receive a 50% discount once the City of Saint John has been provided a receipt from the Registered Charity confirming the donation. Pictures of cheque donations are not accepted. c) In order to schedule a tournament, a $200 deposit will be required to hold the date; the balance is due 7 days after the booking has been confirmed. Cancellation by the user without 45 days' notice will result in loss of the deposit, cancellation without 30 days' notice the user will be required to pay 50% of the billed amount less the deposit. `19191 d) Tournaments must be paid in full prior to booking. e) Rentals are not confirmed until all applicable fees are paid in advance of usage, a invoice is signed and appropriate insurance documents have been provided, or purchased through the city carrier. f) Any groups planning on serving food (example: BBQ or Food Truck), where canteen operators are already in place need to gain approval from the Parks and Recreation Department. Canteen Operators have the catering contract for that sporting facility and must be contacted prior to the tournament for approval, or cooperative vending. Groups disregarding this policy will be charge a noncompliance fee. g) When booking field time, please take into account the time required for set up and take down. h) Bases are not provided at the fields. i) Included in the rental is the first lining of the field. Any additional lining will need to be requested and additional fees applied. 11. BOOKING A FIELD All initial seasonal field booking and tournament requests must be submitted by completing an APPLCATION FOR SPORTSFIELDS FIELDS, ARENA FLOOR, TENNIS COURTS or TOURNAMENT/EVENT REQUEST form. These forms can be found online (www.playsi.ca), and will be sent out to all documented users at the beginning of each season. Requests will not be taken via email. For rainout rebookings, please call 658-2908 or email recandparks@saintiohn.ca with the following information: group name/contract number, field/date/time you had booked and what date you are looking to reschedule to. 12. SERVICE FEE BILLS Facility invoices must be signed, (acknowledging fee payment) and returned to Parks and Recreation prior to use. Payments are due payable by the dates listed below. Failure to pay your bill will result in your future field time being cancelled. This policy will be strictly followed. Late payment fees will apply. Previous years contracts must be paid in full before new field bookings are allocated. *Tournaments must be paid in full prior to booking Season 50% Payment Due Remaining Balance Spring Last Friday in April 1 week after last scheduled booking for the season Summer Last Friday in June Fall First Friday in October 13. CANCELLING USE OF FIELDS IN INCLEMENT WEATHER Parks and Recreation reserves the right to cancel scheduled usage of City Fields due to inclement weather. Sports fields in the City of Saint John will be considered UNPLAYABLE if any of the following conditions exist: 1. Visual ponding of water on the surface of the field/diamond. 2. Water sponging up around your feet when walking on the field/diamond. 3. The time of year and the cumulative amount of stress on the field/diamond. Staff understands how important it is for groups to play their scheduled games, therefore, staff will make every effort possible to prepare fields for scheduled play by the 3:00 pm (City Fields) deadline. Parks and Recreation has a recorded message regarding City field closures, which you should call if the weather is inclement: 652 -PLAY (7529). If weather conditions deteriorate after the 3:00pm deadlines and your group is at a field where the above criteria exist, you are asked NOT to play the field. Please notify the Parks and Recreation Department in the event you do not use the field due to weather, so your invoice can be adjusted accordingly. This needs to be done in a timely matter. Cancelation due to weather will not be accepted at the end of the season. Please note: No two fields drain the same way and some fields are prone to holding standing water more than others. In this case, these fields may remain closed while others maybe cleared for play. Also note that our fields will generally drain less water in early spring and fall when the water table tends to be higher than the summer months; therefore, field closures may be more frequent at these times. Experience has shown that most turf damage occurs when fields are overused or when fields are used during unplayable conditions. Please help keep our fields safe and playable. Other Factors to be Considered There are some situations when staff will consider factors other than the existing standing water on a field, water sponging around their feet, or the time of year when judging a field's playability. These factors include the following considerations: • Championship game of a tournament or playoff season • The game involves a team from out-of-town that has left for Saint John or has already arrived • A high profile event (Provincials, Eastern Canadians, Nationals) It would be appreciated if you would contact 658-2908 if you will not be using your field or your season has come to a close. This information is communicated to our maintenance staff. 14. USER CANCELLATION PROCEDURE Users are expected to give adequate notice of cancellation to allow staff the opportunity to resell field time. The user must cancel any field time 5 business days prior to the scheduled booking. Failure to do so will result in the user group being charged full price. Cancellations for past field time will not be accepted. Example: Calling in July to cancel field time from June, because it was not used. Elimination series will be exempt from this deadline. `19YA 15. INDEMNIFICATION AND INSURANCE REQUIREMENTS The user must, at all times, keep in force and in effect a Comprehensive General Liability insurance policy. A copy of the insurance certificate must be presented to the City of Saint John before the scheduled field time, with the following requirements being met: a) Minimum limits of two million ($5,000,000) b) The City of Saint John added as "Additional Insured" c) A cross liability clause d) For organizations/group dealing with youth 18 years and under, Limit and Conditional Coverage for physical and sexual abuse is required. e) The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John. If any group does not have the required insurance coverage, it can be purchased through the City of Saint John's insurance carrier for a nominal rate. Baseball/Softball Teams- The normal and prudent practice is for the Catcher to wear full protective gear and the Batter to wear a helmet when playing any organized baseball/softball game. Therefore any deviation from that would be in effect a 'negligent' practice and an unacceptable risk. If a players was to get injured in the above two positions and was not wearing the described protective gear they will not be covered under the City insurance if they get injured 16. GROUP REPRESENTATION In order for the City of Saint John to effectively serve their customers, all groups are asked to elect no more than two representatives to serve as liaison between Parks and Recreation and their group. All communications between the group and Parks and Recreation should, at all times, be channelled through each group's representatives. 17. ADVERTISEMENT AT FACILTIES Individuals/groups wishing to display signage at our outdoor facilities must first obtain approval from the Parks and Recreation Department. Sign dimensions, colors, material, location and message should be taken into consideration and approved. All approved signage is required to be installed by city staff and installation fees applied. 18. CONCESSIONS The City of Saint John establishes agreements with specific providers to operate the concession stands at the Memorial Field, Forest Hills, and Shamrock Park; therefore, no other concessions are allowed to be set up on City property without proper consent from the concession operator and the City of Saint John. 19. ADDITIONAL FEE/INFORMATION Please make it a habit to bring your contract to the field with you to avoid any confusion regarding field bookings. `191:3 • Respect and adhere to scheduled time limits. • After field use, it is required that all trash be picked up and placed in the proper receptacles. Special attention should be focused on the team area. Please return all equipment from where it was found; do not drag goals or equipment. Please report any field issues or concerns to Jen Reed, Sports Liaison at 658-2908. • The City does not provide bases at any fields. • If any league or team representative has a special request for field maintenance services, please call 658-2908. • Field opening and closing dates may change on a per field basis depending on maintenance and resting needs. • Please draw league schedules and playoffs to fit within the dates indicated. • Effort will be made to schedule the artificial turf field (Emera Field) as to provide as many user groups as possible with access to the field. Groups may be asked to change field requests to accommodate this process. • Emera Artificial Turf Field; to protect the field surface and avoid conflict between users, we ask all groups, officials, and spectators to be aware of the following forbidden items, and conditions of field use. Coaches are responsible for the conduct of their team. A. Prohibited on Field: ■ Glass ■ Fireworks ■ Pets ■ Seeds ■ Sharp objects (do not make turf punctures with stakes, pins, metal cleats) ■ Flavored drinks (colorless water ONLY) ■ Unauthorized vehicles ■ Bare feet ■ All spectators must remain outside of the fences in area. B. Cleats/Footwear: Molded plastic cleats not exceeding 2 inches, turf shoes, or running shoes are permitted. All players must clean their cleats from dirt before walking on the field. Metal cleats and screw in plastic cleats are forbidden. Home teams must notify away teams of these rules. 20. ADDITIONAL OUTDOOR FACILTIY FEES Charge Fee NSF $25 7 139 Late payment fee $50 -Team *additional $25 per week payment is late $200- League *additional $25 per week payment is late Reinstatement Fee $200 Previous account has gone unpaid and sent to collections. *user must follow the delinquent account payment terms. If adhered to terms the reinstatement fee will be returned. Delinquent Account • 25% of invoice is due prior to first (applied to accounts that were delinquent the year previous) booking; • 25% due within first quarter of season, • 25% due halfway through season, • 25% (remainder) due three quarters of the way through season. Mass Cancellations $100 — Team (Summer Field Season) $200 —League If groups cancels the allotment of hours below after the $300 — Tournament 2nd Friday in June , the fee will apply: • Teams = 10 hours • Leagues = 20 hours • Tournaments = 20 hours Non Compliance $50 per week, to a maximum of (request for residency information) $200 if they never submit plus will not be eligible for priority bookings the following year. Field Tournament Deposit $200 Non Booking fee $cost of field rental + $50 (groups using field without booking) Field Clean Up $50 first time offense $100 any recurring offenses Field Double Bookings Offender shall pay the cost of the other team's booking, plus $50. Void Key Deposit Return $100 Repeat infractions may result in loss of key privileges. Ballfield/Softball Lining $75 (5 business days' notice is required. Late requests may be subject to additional fees. Lining services are available during regular working hours.) Multipurpose Field Lining $250.00 (5 business days' notice is required. Late requests may be (Soccer/Lacrosse/field hockey /Rugby) subject to additional fees. Lining services are available during regular working hours.)) $400.00 (Football) Mound Installation $500 Signage Installation TBA N LOCH LOMOND FOUNDATION Together, working for quality City Of Saint John Colleen O'Connor P. O. Box 1971 Saint John, NB E2L 41_1 On Friday, May 8th, 2020 Loch Lomond Villa Foundation will host our 19th Annual Fundraising Dinner & Auction at the Saint John Trade & Convention Centre. Our theme this year is "The Ultimate Tail Gate Party" and we are looking for your support! Last year, with help from our amazing sponsors, our event raised $59,487. This helped us purchase five Invacare Fully Electric Beds, Replacement Mattresses for existing beds, 4 Wheeled Walkers, a Nordic Relax Chair, the ever -popular Music Therapy program and so much more! With your support, we hope to meet our goal of $60,000! We are asking for you to support us through a Sponsorship Gift and have included an attachment with the gift levels and the recognition you will receive. Additional tickets for "The Ultimate Tail Gate Party" are $125 each. Event tickets and sponsorships will be available for purchase online. You can visit www.11vf.caevents for the link or contact the Foundation Office should you require an L_ invoice. Purchasing online will ensure you receive important updates prior to the event including your table number, early preview of the online silent auction items and event announcements. The online silent auction bidding will open on April 28th, 2020! Your support of this event will help us continue to "Improve the quality of life for the residents and families of Loch Lomond Villa." We look forward to receiving your support and will follow up with you in the coming weeks. Sincerely, Cathy Taylor Executive Director 185 Loch Lomond Road P: (506) 643-7110 1 4jv, Saint John, NB E2J 3S3 E: foundation@lochlomon 11a.com J�,ee Ce, Bruce Hanson Board Chair O/LLVFoundation 0 @LLVFoundation www.lochlomondvillafoundation.com LOCH LOMOND VILLA FOUNDATION 19TH ANNUAL SPRING FUNDRAISING DINNER LOC HL OMOND Viq Ua May 8th, 2020 FOUNDMON DIAMOND GIFT Presenting Sponsors $10,000 1. Company name/logo will be placed on all print and radio advertising recognizing you as a major donor. 2. Your contribution will be recognized on our Donor Recognition Wait at Loch Lomond Villa. 3. A table of ten (10) tickets will be provided for you to attend the dinner. 4. Your company name will be acknowledged at the podium by the EMCEE. 5. Opportunity to speak to the audience during the event. 6. Your company logo will be featured in video presentation . 7. Your company logo will be listed on the website. 8. Social Media engagement/ recognition. 9. Your company name will be featured on your table identification. 10. Your company logo wilt be featured in the Event Program. PLATINUM GIFT $5,000 1. Your contribution will be recognized on our Donor Recognition Wall at Loch Lomond Villa. 2. A table of eight (8) tickets will be provided for you to attend the dinner. 3. Your company name will be acknowledged at the podium by the EMCEE. 4. Your company logo will be featured in video presentation. 5. Your company Logo will be listed on the website. 6. Social Media engagement/ recognition. 7. Your company name will be featured on your table identification. 8. Your company logo will be featured in the Event Program. GOLD GIFT $3,000 1. A table of eight (8) tickets will be provided for you to attend the dinner. 2. Your company name will be acknowledged at the podium by the EMCEE. 3. Your company logo will be featured in video presentation . 4. Your company logo wilt be listed on the website. 5. Your company name will be featured on your table identification. 6. Your company logo will be featured in the Event Program. SILVER GIFT $1,500 1. Two (2) tickets will be provided to attend the event. 2. Your name and/or logo will be acknowledged in the video presentation 3. Your company logo will be listed on the website. 4. Your company logo will be listed in the Event Program. BRONZE GIFT $1,000 1. Your name will be listed in the Event Program and on the website. From: patricia king Date: February 11, 2020 at 1:11:32 PM AST To: "MacKenzie, John" <John.MacKenziegsaintjohn.ca> Subject: World Kidney Day Breakfast Hi John I was wondering if you and the members of Council would like to buy any tickets for the "World Kidney Day Breakfast" this year? It is March 12 at the Trade and Convention Centre at 730am. Tickets are $25 each. Sincerely Patti King (7 year living kidney donor) Sent from my iPhone `[SCI Imperial Theatre's Formal Presentation to Common Council Monday, February 24, 2020 Imperial Theatre formally requests: That Common Council: Rejects the proposed elimination of contributions to Imperial Theatre by removing it from the Regional Facilities Commission as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. (Dependent on legislative changes related to the Regional Facilities Commission) Executive Summary: Imperial Theatre is an 852 -seat historic theatre that has enriched our community through live performance and outreach programming for over 26 -years since its restoration and reopening. A successful and independently run charitable organization, Imperial Theatre is our region's premier Performing Arts Centre. The organization has demonstrated excellent and responsible fiscal management through its history and has become a cultural leader not only in Southern New Brunswick but through the Atlantic Region, across Canada, and internationally, putting Southern NB on the radar of touring artists. Imperial is also leading the charge in their commitment to valuable and sustainable connections to our growing non -born Canadian community. Should Council decide at a future date to proceed with, and are successful in their request to the Province to have Imperial Theatre removed from the Regional Facilities Commission, the impact on the organization is significant. Such an action would entail a total loss of funding of $548, 604, as it would also result in the loss of the grants provided by the Towns of Grand Bay — Westfield, Rothesay and Quispamsis. This cut would signify a 25% in Imperial Theatre's total operating budget. 12 King Square South I Saint John, NB I E21L 5138 1 506.674.4100 1 imperia[theatre.ca 144 REPORT: Imperial Theatre Mission Mission Statement: We enrich, engage and inspire our community through the performing arts. Mandate: • To enrich the community by providing a professional quality, multi-purpose facility; • To engage audiences through world-class entertainment experiences; • To encourage (inspire) the presentation of local productions and the development of the a rts. Value Statements: Imperial Theatre is dedicated to managing its business based on the following core values: We value our building and as such are committed to preserving and promoting its history and beauty. We value our community and as such we endeavour to provide a quality entertainment experience to a wide-ranging audience. We value our people and as such we strive to create an atmosphere of collaboration, teamwork and excellence for our staff and stakeholders. We value the performing arts and as such we welcome and are supportive of our performers. Imperial Theatre is an 852 -seat proscenium Theatre located in Saint John New Brunswick on Canada's East Coast. Originally opened in 1913, Imperial Theatre is hailed as the most beautiful restored theatre in Canada. In operation for 26 years since the grand re -opening in 1994, Imperial Theatre is Saint John's premier performance space. While Imperial Theatre started as a restoration project 36 -years ago, it is more than a building. It is the heart and soul of our community where we connect and include individuals from all walks of life through diverse artistic and cultural experiences. Activities: Imperial Theatre fulfills its mission by providing: 1. Rental Venue - Imperial provides a professionally equipped and staffed facility to local rental clients such as Symphony NB, Saint John Theatre Company, Interaction School of Performing Arts and dance schools for year-end and holiday recitals. The Rental side of the business has also been developed to included weddings and graduations, local fundraising events and private corporate events. Promoters from across Canada and around the world use the facility to present national and international artists in genres such as popular music, comedy and children's entertainment. 2. Presentation Series - Imperial itself curates and presents a season of 35-40 live performances for general audiences and students as well as a retro film series each year. Funded by all three levels of government, this presentation series ensures that citizens of the Southern New Brunswick region have access to a wide variety of artistic and cultural experiences. 3. Community Engagement -From guided tours to intergenerational outreach events, from workshops and master classes to artist talks, kitchen parties and the senior's music therapy program, Imperial engages the community with the arts, with our historic building, and with each other. Impact Annual attendance at Imperial Theatre events, both ticketed and non -ticketed, is over 50,000. An average of 700 local performers appear on our stage each year. With an average of 12 volunteers per show, our volunteer corps of just under 100 individuals log nearly 10,000 volunteer hours per year as ushers, stage door personnel and tour guides. In addition to our full-time staff of 16, Imperial employs approximately 25 people part-time over the typical year. The economic impact on the region of Imperial Theatre's ongoing operations is considerable, both directly in sales, purchasing and employment but also indirectly through the many dollars spent on dining, driving, hotel rooms and all the activities that go with a night at the theatre. It is also an important part of the retention and recruitment resources to the city and surrounding areas. In a 2008 survey, 90% of Canadians said that performing arts facilities are important to quality of life, sense of pride in the community, and economic development. Current research shows a strong correlation between arts attendance and improved health, greater civic engagement ranging from volunteering to voting, and better education outcomes. The Imperial is also taking direct action to support the city's current population growth strategy through the development and implementation of Imperial Theatre's Ambassadors Program. This program engages and connects newcomers and citizens of Saint John to other social and professional networks through the performing arts, culture and heritage. Imperial Theatre is one of the most visited landmarks in Saint John, and enriches, engages and inspires people from all walks of life through its operations. Cultural venues like Imperial Theatre are vital assets to municipalities and play a key role in attracting newcomers. M111.1 Structure and Funding Imperial Theatre is an independent non-profit organization governed by a volunteer board of seventeen directors. The municipal councils of Grand Bay -Westfield, Rothesay, Quispamsis and Saint John each appoint one board member, with the rest being elected by the theatre's general membership. The chart below outlines Imperial Theatre's 2019-2020 funding sources, with 25% of the annual operating budget from an operating grant from the Greater Saint John Regional Facilities Commission. The remainder of the theatre's nearly two -million dollar operational budget is supported by revenue earned through rentals, presentations and fundraising. IMPERIAL L 111 1EATRE :edeir l iru III' iro % Mk C 251 rti [N/ SeasoiniI III IVdcet ' eveVrIiue 1.9% The Theatre's business model is based on a National model that is used in many Performing Arts Centres (PACs) across Canada. In many cases PACs are independently owned, like Imperial Theatre, the Fredericton Playhouse and the Capitol Theatre in Moncton. In other communities they are owned and operated by the Municipality. In either case, PACs are recognized as regional facilities, and are municipally funded, although each relationship between PACs and their Municipalities is unique. Imperial Theatre and other PACs can access operational funds from the Department of Canadian Heritage under the Canadian Arts Presentation Fund (CAPF). This money can only be used specifically for expenses related to presenting shows and represents approximately 2.5% of Imperial's overall budget. Provincial funding is limited to student Employment Grants, Professional Development and some limited Presenting funding and generally accounts for less than 1% of the Theatre's overall funding. The Federal and Provincial Governments do however, support Imperial Theatre for Capital Projects. The model works if the Municipality helps fund day-to-day operations and the Federal and Provincial Governments contribute to the care and upkeep of the physical structure, internal systems and technical equipment. New Brunswick Performing Arts Centres Revenue Comparison 2018-2019 Revenue Imperial Playhouse Capitol Ontario Average' Rental & Services 21% 22% 20% 48% Ticket Sales and Advertising 19% 20% 37% 24% Municipal 25% 31% 23% 15% Federal / Provincial 4% 3% 3% 3% Private Sector Funding 24% 5% 7% 4% Other Earned 7% 19% 10% 6% 100% 100% 100% 100% ' Ontario stats are from a 2017 Financial Analysis Survey conducted by Ontario Presents. The results are based on surveys of 21 Performing Arts Centres, 18 of which are 1 u4 icipally owned and operated. Capital Needs As an independently owned and operated facility, Imperial Theatre Inc. must fundraise 100% of all monies required to maintain, repair and upgrade the building, its internal systems and technical stage equipment. Since 2004 the Theatre has completed $6 Million worth of upgrades, replacements and repairs, including: replacement of the exterior cladding on the six -story stage house, the complete refurbishment, re -pointing and replacement of the original brickwork and terracotta on the front of the building, roof repairs, passenger elevator upgrades, accessibly seating expansion, technical equipment upgrades, marquee replacement and lobby refurbishment. 11IMPER111AL T111 °°l MITA L FUNDING I oTT_ r+� Private D, uv irwaoe a o°u i�xuu�iatuu.uurus .6%c �.... . . . . .�impeii1ii III °rlhie tuime a uiriu fliounu 141% h,<I�rI ICI Y Patrons Imperial Theatre's reach extends far past the town limits of Saint John, Rothesay, Quispamsis and Grand Bay -Westfield. As the only professional theatre in Southern NB, the organization services the outlying communities and parishes. Programming choices are informed by ticket sales history, artistic excellence and popularity, focusing on all disciplines in the arts. Imperial Theatre strives to bring a wide variety of artists and shows so as to appeal to as many people as possible in our corner of the province. In addition to curating a multi -disciplinary season, Imperial Theatre has been programming an education series for school ages students since 1994. Each year over 2,500 students from St. Stephen to Sussex are given the opportunity to come to Imperial Theatre to see curriculum or socially relevant shows with their classes. This program is critical to students in our region, providing exposure to new artistic experiences and introducing them to their community's performing arts centre. This year for the first time we have been able to make the program entirely free for students through the support of private foundations. With the generous support of local service clubs Imperial Theatre is also able to help schools pay for busing to the theatre. 2018-2019 Contribution to Imperial Theatre from RFC vs Usage RNANOAIL coN"rMuu➢nON "ro IMPEMAL 'rF1EXrR: E BY 'TOWN/crry U PEMAIL 'r11EXrRE " CKE"rs SALES "rFIROUG -1 °nlE RFC BY "TOWN/ crrY 201.8...201.9 auiisly it sis I Ll i 14% 6% `N7i7 urispa irrak s N.in/ F,", I.PiC1 1,0% DtIlhicnir r41113 il:orrrrnuini ua,n j Saint Grand IBany- killrua Westfield 57% 4% Usage and Rental Clients In the 2018-2019 Season, Imperial Theatre was in use a total of 174 days, with 157 performances. Imperial Theatre presented 14 films and 48 live performances from across Canada and around the world. Rental clients used the building 101 days with 95 performances. Rental clients range from Saint John Theatre Company and Symphony New Brunswick to professional promoters who are touring artists through Atlantic Canada. It also includes corporate rentals for staff presentations, client appreciation events and even weddings. Organizations and community groups use the theatre to mount fundraisers and celebrations like the Asian Heritage Societies Chinese New Year's Celebration or the Saint John Regional Hospital Foundation's Medical Dragons Den. The theatre has been used to film music videos and promotional videos for artists and companies. Dance Schools use the theatre to mount their Christmas and Year -End Recitals, giving young local dance students the opportunity to perform on the stage. Of the 52 rental clients who used the theatre in 2018-2019, 30 were local, accounting for 60% of the theatre's rental business. Professionai u I,, , r i f,s v G: % �..o".P icaI I!,t V"o.,ufau},9s4„iG o""u 10%0 LocaIIII!Iiilvafi 3% RENTAL CL111ENT 151 ua<,A III"uiriud IIRali&iiuriug 5% Impact on Operation if Imperial Theatre is removed from the Regional Facilities Commission. With the total loss of municipal funding, Imperial Theatre will eventually be forced to close its doors. While not immediate, this would likely happen in a short period of time and even if funding gets reestablished the damage done could be irreversible. There is not a scenario of ticket price increases and cost reduction that would enable the Theatre to continue to operate after losing 25% of its funding. Service reduction impact. Removal from the Regional Facilities Commission would result in a 25% cut in the Theatre's operational budget. The local economy and population could not sustain the rental rate increases and ticket price increases required to close that gap. The Theatre is already doing an excellent job leveraging support from the private sector, even with a significant increase in Corporate Sponsorship it would not be enough. The money received from the Regional Facilities Commission is the base of the organization's budget. It helps fund day to day operations, utilities, essential system maintenance and costs and basic administration. This enables the organization to expand programming and leverage other revenue streams to fund a diverse presentation series and achieve its core mission to enrich, engage and inspire our community through the performing arts. Partial Municipal cuts would result in programming and staff cuts. It will also mean fewer smaller shows and more mainstream shows being presented which will negatively affect the quality and diversity of performing artists coming to the city. Imperial Theatre takes great care to program with diversity in mind, but with fewer shows and no city support, creative programming will not be possible. This will limit genres like dance, theatre, family shows and any music beyond popular genres. High production shows will be impossible to mount. International Artists, Broadway Musicals, Circus, large spectacle shows, although popular, will be too expensive to present without being able to subsidize ticket pricing. With the reduction in shows, retaining and attracting well trained stage technicians will become more difficult. Imperial Theatre is the only arts organization that currently employees stage technicians on a full-time basis (2 of which we recruited from out of province). Without this technical expertise the quality of shows will start to diminish. At least 4 full-time positions would have to be eliminated, as well as a reduction in part time hours by 40%. Such a cut would also result in 30% less promotional monies available to be spent with local media. Instead a focus on more free and social media -based advertising will be used. Ultimately this could lead to lower attendance. One of these positions would of necessity be the person a dedicated person to run the outreach programs and secure the private funding that helps underwrite their costs. As a result outreach activities would be cut back to what can be managed by remaining staff. Approximately 300 Seniors will lose on-site performances in their residences due to these cuts. Teachers and students (2500 students including those in priority neighbourhoods) will now have to purchase tickets and pay for busing to the theatre to participate in the school series programming. BUDGET SCENARIOS The city asked us to put together the impact of 4 different scenarios (cuts of 100%, 50%, 20%, and 10%). The following budgeted income statement and a table of impacts summarizes that effort. Note the ticket price increases that would be required in scenarios 1, 2, and 3 in order for the Theatre to balance the budget (ticket volumes are held constant). Those increases would not be possible, therefore under those scenarios, the Theatre would not be able to operate as a viable going concern. Imperial Theatre Inc. Based on 2019-202+0 Bu+dlget Scenario 1 Scenario 2 Scenario 3 Scenario 44 CURRENT 100% Cut 50% Cut 20% cult 10% cut BUDGET from RFC from RFC from RFC from RFC REVENUE 1,526,155 1,795,531 2,145,034 2,134,225 CURRENT Show / Event Revenue 996,529 1,146,411 1,097,328 1, 197,119 11,084,619 Municupal: RFC - City of Saint 352,245 0 176,122 281,796 3'117,020 John 313,770 300,015 302,982 318,232 318,424 Municupal:RFC : Town of 178,487 1119,437 134,437 178,487 178,487 Grand Bay- Westfield, 189,670 0 94,835 151,736 170,703 Rothesay and Quiisparnsis 2,148,074 1,526,155 1,795,531 2,145,034 2,134,225 Provincial! Federal Gov't 81,200 37,000 57,000 62,000 67,000 Funding Private Fundraising/ 528,430 342,745 370,245 452,383 494,883 Sponsorships TOTAL REVENUE 2,148,074 1,526,155 1,795,531 2,145,034 2,134,225 CURRENT 100% cut 50% Cut 20% cut 10% Cut BUDGET from RFC from RFC from RFC from RFC EXPENSES Personnel 1,008,770 710,592 859,987 974,847 963,847 Programming 625,547 371,112 471,624 636,967 6.36,967 Facility & Operations 313,770 300,015 302,982 318,232 318,424 Administration 178,487 1119,437 134,437 178,487 178,487 Fundraiising 21,500 25;000 26,500 36,500 36,500 TOTAL EXPENSES 2,148,074 1,526,155 1,795,531 2,145,034 2,134,225 Surplus/(deficit) on operations 0 0 0 0 0 `M Community Impact Community Partners who will beaffected 6vthe cuts: Schools Dance Schools Seniors Residences Interaction School ofPerforming Arts Girl Guides Theatre Students Bi Brothers Big Sisters Greater Saint John Chinese Cultural Association PALS program/ Promise Partnership program PRUDE Asian Heritage Society ARCF Saint John Multicultural and Newcomers Association Scenario 1 Scenario 2 Scenario 3 Scenario 4 100% Funding Cut 50% Funding Cut 20% Funding Cut �10% Funding Cut Business Actions Ticket Pricing 204% Price Increase 93% Price Increase SS% Price Increase 23 % Price Increase Shows Presented 20 Fewer Presented Shows 10 Fewer Presented Less diversity in shows Less diversity in shows I Shows Rental Rates 28% Rate Increase 28% Rate Increase 28% Rate Increase 28% Rate Increase School Subsidies Eliminated Eliminated Not Affected Not Affected Outreach Activities 80% reduction 80% reduction Not Affected Not Affected Community Impact Employment at the 4 full-time positions 2 full-time positions No full-time impact 1 senior full-time positior Theatre eliminated eliminated 11% reducUon in Part- eliminated, 1 junior 21% recluct�on in part-timE 11% reduction in part-tim time hours position added hours hours 11% reduction in part-tim hours Audience Members 7,500 fewer patrons 3750 fewer Patirons No Impact No imipact Students 1000 fewer priority 1000 fewer priority No Impact No imipact neighbourhood students ineighbourhood students 250 fewer dance students 250 fewer dance student� 7S, fewer theatre students 75 fewer theatre student! Seniors Outreach 300 fewer seniors engaged 300 fewer seniors No Impact No imipact Program engaged Event activity 20 ewer Presented Shows 10 Fewer Presented 20 Fewer Rental Days 20 Fewer Rentail Days and 20 Fewer Rental Days Shows and 20 Fewer Rental Days Community Partners who will beaffected 6vthe cuts: Schools Dance Schools Seniors Residences Interaction School ofPerforming Arts Girl Guides Theatre Students Bi Brothers Big Sisters Greater Saint John Chinese Cultural Association PALS program/ Promise Partnership program PRUDE Asian Heritage Society ARCF Saint John Multicultural and Newcomers Association Local Non -Profit Rental Clients who will be impacted by the loss of subsidized rent: Chinese Cultural Assoc. Dalhousie Medical School Friars Family Gala Ballet Company Interaction Theatre School New Brunswick Youth Orchestra New Brunswick Medical Education Foundation Inc. Saint John Police Force Saint John Theatre Company Saint Malachy's High School United Way University of New Brunswick — Saint John Rental Clients who will be impacted by 28% increase in rental rates: Dance Zone Step In Time KidSing Kings Church Quest Productions River & Trail Rothesay Ballet School Saint John Sea Dogs Symphony New Brunswick Urban Dance liP1•'7 Port City Pirates Baseball Association Inc. PO Box 24005, Saint John NB E2M 5W8 February 18, 2020 Dear City of Saint John Councilor, We are a youth sports organization whose objectives include the development of youth baseball players and the promotion of minor baseball in Saint John. Through our seven competitive Port City Pirates teams and our recreational baseball program we will be supporting nearly 350 youth players for the upcoming 2020 season. We are writing you this letter to request your assistance on two proposals that are coming to you at an upcoming meeting for consideration: 1) Recreation Facility User Fees 2) Continuous Improvement Initiatives - Parks & Recreation Casual Workforce • Eliminate maintenance and lining of school fields • Closure of one City -owned ball diamond We are requesting that you oppose these proposals and we respectfully request that they be tabled for a future meeting to allow you time to obtain more information to better understand the consequence these changes will have on our city's youth athletes. Recreation Facility User Fees At a meeting held on January 16, 2020 with representatives of most of the recreational sport facility users in attendance, Mr. Tim O'Reilly of the city's leisure services department outlined the details of the proposed changes to facility user fees and to the non-resident user fees recently implemented to help curb the City's $10 -million -dollar annual deficit. Mr. O'Reilly detailed the cost recovery model for setting facility user fees for various City recreational facilities. He also reviewed the policy, recently adopted by council, which staff is bound by, that dictates much higher rental rates than exist at present. This cost recovery policy is requiring a rate of 90% for adult use, 70% Seniors, and 60% for youth. The proposed rates for this coming year will be set at 50% of the above subsidized rates but will be fully implemented for 2021. `RV While our organization respectfully understands the city's financial trouble, that immediate corrective actions are necessary, we are now being dealt a hand that leaves us with field rental rate increases detrimental to our organization's ability to operate and provide our youth with affordable registration fees to play baseball. In addition to these astronomical rate increases, all our non-resident members will also be required to pay a user fee of $47 for a City recreation card. Our current field costs are already the highest in New Brunswick. The city is proposing to set the new user fee at "60% cost recovery". What we feel you're truly missing is the real implications these increased user fees, which have increased over 30% since 2015 and will now soar to an additional 264% of today's rates, will have on the youth members of our organization, some of whom already find the cost to play baseball already too high. We as an organization believe that Council wasn't fully understanding of the effects the cost recovery targets would have when it was decided to adopt this policy. As we understand it, City staff based these subsidization targets on a proposed policy Halifax looked at using, a policy we understand that was only partially adopted. While the Halifax field rental rates did increase, their existing rates started out at half of what we already pay. Therefore, their rate increases do not compare to the ones proposed to us at this time. As a result of these large rate increase's we are now being forced to make a decision to move large portions of our baseball programs to fields outside city limits. The cost to play our sport is already higher than that of other local baseball associations around our city and others in our province. The massive increases will drive our members to competing baseball associations outside Saint John while others will stop playing this sport altogether. As a community we want to see our kids involved in sports. We don't believe there isn't anybody who isn't aware of the benefits these activities provide for our city's residents. But with the proposed increases to recreational facility user fees, we are going to see at the very least a massive decrease in our organizational enrollment, possibly to a point of not being able to sustain our organizations existence. This is why we feel you as our council need to look into this in more detail. The City's deficit wasn't incurred overnight, and it won't be fixed overnight. We truly believe there is a solution that can work for the City of Saint John while at the same time one that won't prevent us from being able to provide this great sport so many of our youth benefit from. Reduction in Field Maintenance and Field Closure We are very concerned with a couple of the Continuous Improvement Initiatives developed by city staff, initiatives we believe were developed without consultation with or consideration of the impact that it will have on users. We have been advised that with the proposed cut-backs to staffing in the recreational department, that some of our baseball fields will no longer be maintained. Our organization operates out of seven city ball fields in West and North Saint John, in addition to two fields in Grand Bay. These fields are used 4-5 fiPYA nights per week and often on weekends throughout the season. The proposed fields that will no longer be maintained (school owned fields) are three of the seven fields, being St. Rose, Barnhill and Jack Kyle. In addition, out of the remaining four fields, St. Peter's field we are being told may be cut out and shut down altogether by the city, leaving us only three city fields to use. Since 2008, West Saint John has lost three youth baseball fields that we were renting up to 4-5 nights a week as well as on weekends. These fields were not replaced, and our numbers have been increasing annually putting a burden on our ability to provide competitive amounts of field times to our teams in comparison to other baseball organizations in neighboring communities. Our competitive teams have the least amount of field times in New Brunswick and that has had a big impact on our ability to compete at the provincial and national levels with the other New Brunswick teams. St. Peter's baseball field is a C level field, located in the city's North End. This field, like all our fields requires work. During the summer months this field is used 4-5 nights a week, as well as weekends, and is key to our ability to host tournaments which we use as fundraisers. This field now requires more repairs than the other fields but is still a very sustainable field. Furthermore, as a city that prides itself on heritage, this field has been in operation for over 100 years, making it one of the oldest baseball fields in Canada. We believe maintaining such spaces will have a positive impact on our great city. Many of our members, grandfathers, and fathers played here and now get to see their children get the same enjoyment they did as developing youth. As a final point, a great number of our player members start their first summer jobs in our sport by officiating. Working as an umpire allows them the opportunity to earn a competitive salary during the summer months and teaches life skills such as responsibility, teamwork, dedication, fair play, accountability, problem solving and confidence, just to name a few. With the increase of field costs (resulting in fewer players/teams), and possible closure of fields, many will lose this opportunity. If you have any questions or would like to discuss these issues in more detail, please feel free to reach out to us. Kind Regards, John Paul Craig Mike Brooks President Vice -President (506) 653-7258 (506) 607-4799 thecraigsemail22@gmaii.com mibro88@gmail.com iU1.13 SUBMISSION TO COUNCIL FORM 'ne City ofsafnt;olm qii­ F�� 1� R� First Name: Mike Last Name: Brooks Name of Organ ization/G rou p (where applicable): Port City Pirates Baseball Association Inc. Mailing Address: PO Box 24005 City or Town: Saint John Province: NB Postal Code: E2M 5W8 Day Time Phone Number: (506) 607-4799 Email: mibro88@gmaii.com El If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Topic of Submission: Facility User Fees and Closure of Baseball Fields Purpose for Submission (what is the ask of Council): 1. Council is asked not to vote in favour of the proposed 2020 facility user fees. 2. Council to refer proposed rate increases back to city staff so consutlations can be held with with facility users in order that the impact of such large increases can be fully understood and if increases are still required they be phased in over a longer period of time. 3. Consultations re: possible closure/el im i nation of maintenance of baseball fileds be had among city staff and users so that the impact of such reduction in facilities (under so called city led "Continuous Improvement Initiatives") on the community can be fully understood by staff and council. Executive Summary: The fees for baseball field rentals are proposed to increase 264% by 2021, 50% of this increase to be implemented in 2020. Together with the recreational card fee for non-residents, such large increases will put a financial burden on both our organization and our youth players. With such a large increase in fees, some players will no longer play baseball while others may join baseball organizations in neighbouring communities. The possible closure of baseball fields will have a significant impact on our ability to run a baseball program in Saint John. West Saint John has seen the elimination/closure of three youth baseball fields in the last few years. Of the seven city fields we currently use, four are located west and half b|sproposed will nolonger bemaintained. For 2O2Ocity staff are proposing the eliminaiotn of maintainance of three and closesure of one field for 2020. This nearly 6096 reduotiuon in fields will result in our organization having to significantly reduce its operations, turning away youth players. Signature: Mike Brooks Date: 2020-02-18 ICanadian Union of Public Employees Syndicat canadien de la fonction publigue SAINT JOHN AREA OFFICE 208 Lancaster Avenue, Saint John, NB E2M 2K9 Tel./Tel.- (506) 635-1622 Fax: (506) 635-1624 / cupe.ca scfp.ca Hand Delivered February 11,2020 Mayor and Common Council City of Saint John c/o Common Clerk 15 Market Square PO Box 1971 Saint John, NB E21_ 41-1 Greetings: Re: Formal Complaint per Bylaw Number LG -5 On January 13, 2020,1 made a public presentation to Common Council on behalf of CUPE Locals 18 and 486 as well as the Saint John Police Association and ATU 1182. We attempted to extend kudos to Common Council for its efforts to drive more efficiencies into all civic operations, to look for new solutions and most importantly, to support Council's efforts to identify possible new resources of tax revenue, largely from heavy industry. Some of the examples of reduced municipal taxes pointed out included the sweet -heart LNG tax concession deal (2005 to 2017) and the 2017 two -third reduction in the tax assessment ($300 million to only $ 98 million) that resulted in over $100 million in municipal taxes not collected. Another outlined how the tax assessments for the 2 Saint John pulp and paper mills were reduced by 50% and 49% respectively, which has resulted in them paying 43% less in municipal taxes than they were in 2013. This amounted to another $8 million not collected by the City of Saint John. The presentation went on to point out that the Industry Assessment Growth from 2013 to 2019 declined in Saint John by -3.68% while it has increased in Moncton by +20.32% and Fredericton by +17.07%. This has resulted in the Saint John tax base now being lower than Fredericton and Moncton due to political manipulation of the heavy industry tax assessments. OKA MARK HANCOCK National President/Pr6sident national. CHARLES FLEURY National Secretary-Treasurer/Secr6taire-tr6sorier natGcuna'l DENIS BOLDUC, PAUL FAORO, FRED HANN, JUDY HENLEY, SHERRY HILLIER General Vice-PresidentsVice-presidences g6n6rales 161 2 Near the end of the presentation, we referenced the importance to Council of their understanding the Consolidated Financial Statements of the City. Our sincere effort was to demonstrate to Council that despite Council's preoccupation with setting a tax rate and a so-called structural deficit the full financial picture is not as dire as the fiscal conservatives might lead other Council members to believe. During the presentation, while outlining the City of Saint John's 2018 audited Consolidated Financial Statements, Councillor Merrithew offensively attacked myself and aggressively shouted out, "..,that is a lie". This unprofessional behavior continued when I was aggressively accused of trying to mislead the public with the audited statements. The facts contained in their own audited statements cannot be dismissed by Councillor Merrithew as a "..,,.tie". This is a publicly misleading and false statement by Councillor Merrithew. The statement is unprofessional„ inappropriate and dishonest. Therefore, I am filing this correspondence as a formal complaint as per Bylaw number LG -5 "A BYLAW RESPECTING THE CODE OF CONDUCT FOR ELECTD MEMBERS OF THE CITY OF CITY OF SAINT JOHN" under sections 2b), 3.1, 3.4, 3.7a) and all others related. 1 request that Councillor Merrithew be given an educational seminar presentation by the Chartered Professional Accounts at Deloitte LLP who prepared the 2018 "Independent Auditor's Report" with the Consolidated Financial Statements of the City of Saint John. We certainly did not mean to oversimplify the issues and certainly did not lie. Rather, CUPE was directing Council's attention to the Consolidated result's and perhaps, just perhaps, Council might look to these statements for possible long-term solutions to the challenges that lie ahead. It was obvious that the Chairman of the Finance Committee was suggesting to Council and the public that CUPE's reference to these statements was an effort to mislead the public and Council. Quite the opposite, CUPE was trying to lead, not mislead, the Council. CUPS holds the view that finding a solution to the challenging issue that Council struggles with, namely setting an annual tax rate within the General Operation Fund, lies within fully understanding the Consolidated Financial Statements. Council needs to be aware and fully understand the implications of Note 1 to the statements which states: "The consolidated financial statements reflect the assets, liabilities, revenues and expenses and changes in net debt and cash flows of the reporting entity. The reporting entity is comprised of all organizations and enterprisers accountable for their affairs and resources to the City which are owned or controlled by the City." As to why the City is required to prepare these statements, The Canadian Association of Certified Public Accountants states: "Consolidated financial statements are prepared to provide an understandable overview of the full nature and extent of the financial affairs and resources controlled by an organization." K, In other words, over the long term, Council should look to "everything" that it owns and controls in order to find acceptable solutions to the "General Fund Tax Rate Setting Challenge". It is an observation of CUPE that the City has historically looked to finding solutions to this challenge solely within the General Fund. CUPE believes that along with looking within the Operating Fund for solutions, an emphasis needs be placed on all entities of which Council owns and or controls. As to how CUPE comes to this position, we need only remind Council that lifeguards were once removed from some of the municipal beaches, ball field and arena rates were previously proposed to significantly increase, grants to some nonprofits were, at one time, eliminated, and employees were offered buyouts. These were all yesterday's solutions, and, over time, councils have had to back off because of community pressure. There are common sayings that go something like this, "doing the same thing year after year, will produce the same results year after year" or "been there done that!" Given the City's repetitive experience for the last 20 to 25 years, CUPE is simply suggesting that Council needs to look to other opportunities within its sphere of control or ownership. For example, this month CUPE has found Council's steps to explore alternatives to address finances, other than just operating budgets, with respect to one of its controlled entities as encouraging alternatives than expecting residents, businesses and employees to shoulder service reductions and tax increases caused by Heavy Industry tax reductions. Given this, despite your Finance Committee Chairman's narrow views, derogatory attack on City workers and assertion that CUPE was trying to mislead Council and the public, CUPE choses to double down on its position that: • The Consolidated Financial Statements paint a relatively strong financial picture of this community. Specifically, The City's Auditors reports showed that: 1. the Accumulated Surplus amounted to $698 Million as of December 31, 2018 2. the Cash and Cash Equivalents amounted to $54.4 Million on December 31, 2018 3. the Total Financial and Non -Financial Assets amounted to more than $1.24 Billion on that same date 4. the Financial Liabilities amounted $550 million, less than half the value of the assets 5. Yearly Surpluses have increased from $15.9, $20.5 to $22.1 million from 2016, 2017 to 2018 respectively. This amounts to a 28% increase in surplus from 2016 to 2018. • The Consolidated Statements should be the basis for high level strategic long-term planning by Council. The sooner the better. • Council, according to its Auditors, can exercise ownership and control over all the entities. • Moving forward, there can be no sacred cows. Councilor Merrithew and Mayor Don Darling started an attack on Police Officers and Fire Fighters wages and have been lobbying the Provincial Government to unfairly change the rules for Binding Arbitration and are now trying to justify an attack on all its municipal workers. In order to justify their campaign, they have been claiming that Saint John is not allowed to run a deficit based on Provincial regulations. As you can see above Saint John is NOT at risk of running a deficit in 2020. Furthermore, Saint John is proposing to use over $6 million promised from Fredericton to protect front line services to reduce front line services. ...41 `W 4 CUPE recognizes the fact that Saint John has lost well over $100 million political decisions to lower and keep tax assessment for Heavy Industry well below national average such as the pulp and paper mills, LNG and the refinery over the last several years. It seems Mayor Darling and Councillor Merrithew would rather attack and blame the Civic workers for reduction in revenues instead of publicly campaigning to change the 1.5% cap and to have Heavy Industry properly assessed. Based on the annual increases in surpluses we do not think it its responsible to or sustainable to expect residents, Business or employees to subsidize Heavy Industry tax breaks by service cuts. COPE recognizes that there are no easy solutions to the tax rate questions and tax assessment$, CUPE is of the view that solutions lie outside the General Fund to which the Council and the Finance Committee have traditionally turned.. The comments by the Chair of the Finance Committee are totally inappropriate, condescending, offensive, insulting and derogatory. CUPE trusts this clarifies our position. Again, the statements by Councilor Merrithew are in violation of Bylaw number LG -5 "A Bylaw Respecting the Code of Conduct for Elected Members of the City of Saint John". We request Council to take appropriate guidance and corrective measures to ensure the Audited Consolidated Financial Statements are professionally presented to the public by the Mayor and all Councilors including Councilor Merrithew. Respectf itted, -n �.Mike Davidson �"".,�..,.. „ ....,� National Servicing Representative MDlawcope491 A BYLAW RESPECTING THE CODE OF CONDUCT FOR ELECTED MEMBERS OF THE CITY OF SAINT JOHN BYLAW NUMBER LG -5 RECITALS WHEREAS the Local Governance Act, authorizes and requires local governments to establish a Code of Conduct Bylaw; and AND WHEREAS as stipulated in New Brunswick Regulation 2018-64, the Code of Conduct Bylaw must include the following mandatory provisions: ARRfTt RELATIF AU CODE DE DtONTOLOGIE POUR LES MEMBRES 9LUS DE THE CITY OF SAINT JOHN ARRET9 NUM9110 LG -5 WAMBULE ATTENDU QUE, la Loi sur la gouvernance locale autorise et exige que les gouvernements locaux prennent un Arrete relatif au code de deontologie; ET ATTENDU QUE, comme le stipule le Reglement du Nouveau-, Brunswick 2018-64, I'Arrete relatif au code de deontologie doit inclure les dispositions imperatives suivantes : (a) the values to which Members of a) les valeurs auxquelles sont tenus Council are expected to adhere; d'adherer les membres du conseil; (b) the behaviour by the Members of Council toward other Members of Council, officers, employees and residents of the local government, including provisions respecting bullying, discrimination and harassment by Members of Council, (c) the use of local government property, resources and services by Members of Council; and (d) the use of communication tools and social media by Members of Council; and AND WHEREAS a Code of Conduct ensures that Members of Council share bj le comportement des membres du conseil a I'endroit aussi bien des autres membres que des fonctionnaires, des employes et des residents du gouvernement local, notamment en ce qui a trait a l'intimidation, a la discrimination et au harcelement; c) ('utilisation que peuvent faire les membres du conseil des biens, des ressources et des services du gouvernement local; dj ('utilisation que peuvent faire les membres du conseil des moyens de communication et des medias sociaux; ET ATTENDU QUE, un code de deontologie assure que les membres du conseil partagent une base et une I a common basis and understanding for acceptable conduct extending beyond the legislative provisions governing the conduct of Members of Council, as set out in the Local Governance Act; and AND WHEREAS as Members of Council, we recognize that our actions have an impact on the lives of all residents and property owners in the community; and AND WHEREAS the establishment of a Code of Conduct Bylaw is consistent with the principles of transparent and accountablie government; NOW THEREFORE the Common Council of the City of Saint John adopts certain rules in the form of a Code of Conduct Bylaw that further underscores the requirement that elected officials be independent, impartial, and duly responsible in serving their constituents. APPLICATION 1. This Code of Conduct Bylaw applies to all Members of Common Council, including the Mayor and Deputy Mayor. VALUES OF MEMBERS OF COUNCIL comprehension communes de ce qui est considers une conduite acceptable qui va au -dela des dispositions legislatives qui gouvernent la conduite des membres du conseilq, conformement a la Loi sur la gouvernance locale; ET ATTENDU QUE, en tant que membre du consell, nous reconnaissons que nos actions ant un impact sur la vie de tous fes residents et propristaires dans la communaute; ET ATTENDU QUE, I'instauration d'un Arrete relatif au code de deontologie est en harmonie avec les principes d'un gouvernement transparent et responsable; A CES CAUSES, le consell communal de The City of Saint John adopte certaines regles sous la forme d'un Arrete relatif au code de deontologiie qui confirme le besoin que les representants elus soient independants, impartiaux et pleinement responsables alors qu'iis servent leurs slecteurs. APPLICATION 1. Le prssent Arrete relatif au code de deontologie s'applique a tous les membres du conseil communal, incluant le maire et le maire suppleant. VALEURS DES MEMBRES DU CONSEIL 2. The values of Members of Council 2, Les valeurs des membres du include: conseil incluent : (a) Honesty Members of Council shall be truthful and open in their roles as Council a) Honnetete Les membres du conseil sont sinceres et transparents dans leur role comme Members and as members of the City they serve. (b) Respect Members of Council shall treat every person, including other Members of Council, City employees and the public with dignity and respect. (c) Transparency and Accountability Members of Council shall endeavor to conduct and convey Council business and all their duties in an open and transparent manner, other than those discussions that are authorized to be dealt with in a confidential manner in closed session, so that stakeholders can view the process and rationale used to reach decisions and the reasons for taking certain actions. (d) Confidentiality Members of Council shall refrain from disclosing or releasing any confidential information acquired by virtue of their office except when required by law or authorized by Council to do so. Members shall not take advantage of or obtain private benefit from information that is obtained in the course of or as a result of their official duties or position that is not in the public domain. (e) Leadership and the Public Interest Members of Council shall serve their constituents in a conscientious and diligent manner and act in the best interests of the City. Members of Council are expected to perform their duties in a manner that will bear close membres du Conseil et comme membres de la municipalite qu'ils servent. b) Respect Les membres du conseil traltent toute personne, incluant les autres membres du conseil, les employes de la municipalite et le public avec dignite et respect. C) Transparence et imputabilite Les membres du conseil doivent s'efforcer de mener les affaires du conseil et toutes leurs fonctions d'une maniere ouverte et transparente, sauf ces discussions qui peuvent etre tenues de maniere confidentielle A huis clos, afin que les parties prenantes puissent comprendre le processus suivi et les motifs utilises pour prendre une decision et les raisons pour agir d'une certaine fagon. d) Confidentialite Les membres du conseil s'abstiennent de divulguer ou de diffuser toute information confidentielle acquise dans le cadre de leurs fonctions sauf lorsque requis par la loi ou autorise par le conseil d'agir de la sorte. Les membres ne devraient pas tirer parti ou tirer personnellement profit de ('information qui nest pas du domaine public qui est obtenue dans le tours ou du fait de leurs taches officielles ou de leur poste. e) Leadership et interet public Les membres du consell servent leurs electeurs d'une maniere consciencieuse et avec diligence et agissent dans l'interet superieur de la municipalite. On s'attend A ce que les membres du conseil s'acquittent de KI fiIA- A public scrutiny and shall not provide the potential or opportunity for personal benefit, wrongdoing or unethical conduct. (i Responsibility Members of Council shall act responsibly and in accordance with the Acts of the Parliament of Canada and the Legislature of New Brunswick, including the Local Governance Act. This duty includes disclosing actual or potential conflicts of interest, either financial or otherwise relating to their responsibilities as Members of Council. Each Member of Council is individually responsible for preventing potential and actual conflicts of interest, leurs taches d'une maniiiere qui puisse soutenir un examen rigoureux du public et ne donnent pas lieu A des avantages personnels reels ou per4us, des actes reprehensibles ou un coirnportement contraire A 1'ethique f) Responsabilite Les membres du conseil agissent d'une maniere responsabie et conformement aux lois du Parlement du Canada et de la Legislature du Nouveau -Brunswick, dont la Loi sur la gouvernance locale. Cette obligation inclut la divulgation de conflits d'interets actuels ou potentiels, qu'ils soient financiers ou autrement lies A lleurs responsabilites comme membres du conseil[,, Chaque membre du conseil est responsable individuellllement de prevenir les conflits d'intergts potentiels et actuels. BEHAVIOUR OF MEMBERS OF COMPORTEMENT DES MEMBRES DU COUNCIL CONSEIL 3.1 Members of Council shall conduct themselves in a professional manner with dignity and make every effort to participate diligently in the meetings of Council, committees of Council and other bodies to which they are appointed. 3.2 Members of Council shall perform their official duties in accordance with the following general principles: (a) Be honest and open with Council Members, local government staff, and the general public; 3,1 Les membres du conseil se comportent de maniere profession nelle, avec dignite, et font tout en leur possible pour participer avec diligence aux reunions du conseil, aux comites du conseil et autres instances auxquels ils sant nommen„ 3...2 Les membres du conseil s'acquittent de leurs functions officielles conformement aux principes generaux suivants a) En etant honnetes et ouverts avec les membres du conseil, le personnel du gouvernement local et le grand public; 4 (b) Make decisions that are in the best interest of the City as a whole; (c) Make decisions based on careful and objective consideration and review of the facts; (d) Ensure that objectivity, impartiality and transparency are emphasized in decision-making; (e) Be accountable for the decisions made by the Council; (f) Demonstrate a high level of integrity and professionalism when representing the local government and in dealing with members of the broader community; (g) Ensure that all duties are performed in compliance with federal and provincial laws, as well as bylaws, policies and procedures adopted by the City. 3.3 Members of Council shall at all times serve and be seen to serve their constituents in a conscientious and diligent manner. 3.4 Members of Council shall conduct their dealings with each other in a way that maintains public confidence in the office to which they have been elected, are open and honest, focus on issues rather than personalities, avoid aggressive, offensive or abusive conduct. b) En prenant des decisions dans I'interet superieur de la municipalite en general; c) En prenant des decisions fondees sur un examen attentif et objectif des faits; d) En assurant que I'objectivite, I'impartialite et la transparence sont mises en valeur lors du processus decisionnel; e) En etant responsables des decisions prises par le conseil; f) En demontrant un haut niveau d'integrite et de profession nalisme lorsqu'ils representent le gouvernement local et lorsqu'ils font afFaire avec les membres de la communaute en general; g) En s'assurant que toutes les taches sant accomplies en respectant les lois federales et provinciales, ainsi que les arretes, les politiques et les procedures adoptes par la municipalite. 3.3 En tout temps, les membres du conseil servent et sont consideres comme servant leurs electeurs dune maniere consciencieuse et avec diligence. 3.4 Lors d'echanges entre eux, les membres du conseil se comportent dune maniere qui maintient la confiance du public dans la fonction pour laquelle ils ont ete elus, ils sont ouverts et honnetes, se concentrent sur les enjeux plutot que les personnalites, ils evitent un 3.5 Members of Council shall treat members of the public, other Council Members, local government staff or individuals providing services on a casual or contractual basis with dignity, understanding and respect. 3.6 Members of Council shall promote the governance framework to ensure their work environment is free from discrimination, bullying, offensive and/or derogatory language, and harassment and that they are in compliance with the local government's policies and procedures, where applicable. 3.7 Without limiting the generality of the foregoing, Members of Council shall not; (a) Make inappropriate comments or gestures to or about an individual where such conduct is known or ought reasonably to be known to be offensive to the person(s) to whom they are directed or about; (b) Display materials or transmit communications that are inappropriate, offensive, insulting or derogatory; (c) Make threats or engage in any abusive activity or course of conduct toward others, including bullying; comportement agressif, offensif ou a b usif. 3.5 Les membres du conseil traitent les citoyens, les autres membres du conseil, le personnel du gouvernement local ou les indiiividus qui offrent des services sur une base occasionnelle ou contractuelle avec dilignite, en faisant preuve de comprehension et avec respect. 3.6 Les membres du conseil font la promotion du cadre de gouvernance pour garantir que leur environnement de travail est exempt de discrimination, d"intimidation, de langage offensant ou degradant et de harcelement, et qu'lls respectent les politiques et procedures du gouvernement local, le cas echeant. 3.7 Sans limiter la portee generale de ce qui precede, fes membres du conseil M a) Ne font pas de commentalres ou de gestes inappropries a un individu ou a 1'egard de celui-ci, alors qu'on sait ou qu'on devrait savoir qu'un tel comportement est offensant pour la personne visee; b) Ne montrent pas de materiel ou ne transmettent pas de messages qui sunt inappropries, offensants, insultants ou degradants; c) Ne font pas de menaces ou ne se livrent pas a aucune activite ou n'adoptent pas une attitude abusive envers les autres, y compris ('intimidation; (d) Vandalize the personal property d) Ne vandalisent pas la propriete R IirLe7 of others; (e) Commit assault of any kind, including making unwanted physical contact, including touching, patting or pinching; (f) Refuse to converse or interact with anyone based on any ground listed in the Human Rights Act. CONFLICTS OF INTEREST 4.1 Members of Council have a statutory duty to comply with the Conflict of Interest provisions set out in Part 8 of the Local Governance Act. 4.2 Members of Council are to be free from undue influence and not act or appear to act in order to gain financial or other benefits for themselves, family, friends or associates, business or otherwise. 4.3 It is the individual responsibility of each Member of Council to seek independent legal advice, at the Member's sole expense, with respect to any situation that may result in a pecuniary or other conflict of interest. RESPECTING ROLES AND RESPONSIBILITIES 5.1 Decision-making authority lies with Council, and not any individual Member. No Member shall, unless authorized by Council, attempt to bind the City of Saint John or give direction to employees, agents, contractors, d'autrui; e) Ne commettent pas d'agression d'aucun type, incluant les contacts physiques non desires, comme toucher, caresser ou pincer; f) Ne refusent pas de converser ou d'interagir avec quiconque pour quelconque motif enonce dans la Loi sur les droits de la personne. CONFLITS D'INTgRETS 4.1 Les membres du conseil ont une obligation legale de se conformer aux dispositions relatives au conflit d'interets enoncees dans la partie 8 de la Loi sur la gouvernance locale. 4.2 Les membres du conseil doivent etre libres de toute influence indue et ne doivent pas agir ou paraitre agir de maniere a obtenir un benefice financier ou tout autre avantage, pour eux, leur famille, leurs amis, leurs associes, une entreprise ou autrement; 4.3 Chaque membre du conseil est personnellement responsable d'obtenir un avis legal independant, a ses propres frais, concernant toute situation qui pourrait se solder par un interet pecuniaire ou autre type de conflit d'interets. CONCERNANT LES RALES ET RESPONSABILITI!S 5.1 Le pouvoir decisionnel revient au conseil et non pas a aucun membre individueilement. A moins d'etre autorise par le conseil, aucun membre ne tente de lier The City of Saint John ou de donner des instructions aux 5 171 consultants or other service providers employes, agents, entrepreneurs, or prospective vendors to the City. consultants ou autres fournisseurs de services ou fournisseurs potentiels de la municipalite. 5.2 Members of Council shall accurately communicate the decisions of Council, even if they disagree with Council's decision, such that respect for the decision-making process of Council is fostered. 5.2 Les membres du conseil communiquent avec precision les decisions du conseil, mgme s'ils sont en desaccord avec celles-ci, et ce, afin que ie respect du processus decisionnel du conseil snit favorise. 5.3 Members of Council shall ensure 5.3 Les membres du conseil s'assurent they: (a) Focus on their governance role of providing leadership for the community in an open, accountable and transparent manner, establishing strategic direction and providing oversight of the local government; (b) Respect the role of the local government's staff, which is to provide day-to-day administration of the local government, provide advice and analyses, implement Council decisions, and carry out their responsibilities as required under the Local Governance Act, and any other relevant federal and /or provincial legislation, regulations or bylaws of the local government; (c) Respect the role of Council as a whole being the decision-making body for the local government. Only Council as a whole and no single Member including the Mayor has the authority to direct staff, a) QuIls se crancentrent sur leur role de gouvernance de faire preuve de leadership pour la communaute, d'une maniere ouverte, responsable et transparente, en etablissant une direction strategiique et en exergant un role de surveillance du gouvernement local; b) Qu'ils respectent le role du personnel du gouvernement local qui est de veiller a I'administration quotidienne du gouvernement local, d'offrir des conseils et des analyses, de mettre en oeuvre les decisions du conseil et de s'acquitter de leurs responsabilites comme 1'exige la Loi sur la gouvemance locale, et toute autre legislation federale ou provinciale, reglement ou arrgte du gouvernement local; c) Qu'ils respectent le role du conseil dans son ensemble comme I'organe decisionnel du gouvernement local. Seulement le conseil dans son ensemble et aucun membre individuellement, 0 iirN approve budgets, policy, committee processes and other matters, unless specifically authorized by Council. (d) Council as a whole has the authority to approve budgets, and policy statements, including structures and procedures for committees. Authority to act on behalf of Council, including through a committee, can only be delegated by Council. GIFTS AND BENEFITS 6.1 In accordance with subsections 96 (a), and (b) of the Local Governance Act, a Member of Council shall not: (a) (b) accept any fees, gifts, gratuities or other benefit that could reasonably be seen to influence any decision made by him / her in the carrying out of his / her functions as a Member of Council; or for his or her personal gain, or for the personal gain of a family associate, make use of his or her position or of any information that is obtained in his or her position and is not available to the public. incluant le maire, n'a I'autorite de donner des directives au personnel, d'approuver le budget, une politique, des processus d'un comite et d'autres affaires, a mains d'etre specifiquement autorise par le conseil. d) Le conseil dans son ensemble a I'autorite d'approuver le budget et des enonces de politique, incluant les structures et les procedures associees aux comites. Seul le conseil peut deleguer I'autorite d'agir en son nom, y compris par le biais d'un comite. CADEAUX ET AVANTAGES 6.1 Conformement aux paragraphes 96 a) et b) de la Loi sur la gouvernance locale, un membre du conseil : a) N'accepte aucun honoraire, cadeau, don en argent, ou tout autre avantage qui pourrait raisonnablement etre considers comme pouvant influer sur toute decision qu'il ou qu'elle prend comme membre du conseil dans 1'exercice de ses fonctions; ou b) N'utilise pas son poste ou toute information obtenue dans le cadre de son paste qui nest pas mise a la disposition du public, pour son avantage personnel ou pour celul d'un membre de sa proche famille. 6.2 Members of Council are not 6.2 Les membres du conseil ne sont pas E fiIFW precluded from accepting: (a) Compensation or benefit authorized by Council; (b) Rewards, gifts or benefits not connected with the performance or duties of office; (c) Services provided compensation by volunteering their dime;, empeches d'accepter : a) Une remuneration ou un avantage autorise par le conseil; b) Des recompenses, cadeaux ou avantages qui ne sont pas lies a la performance ou a leurs functions; without c) Les services fournis sans persons remuneration par des personnes quit donnent de leur temps; (d) Food, lodging, transportation and entertainment provided by other levels of governments or by other local governments, boards and commissions; (e) Reasonable quantities of food and beverages consumed at banquets, receptions, ceremonies and similar events; (f) Token gifts such as souvenirs and commemorative gifts that are given in recognition of service for attending an event; (g) Gifts received as an 'incident of protocol or social obligation that normally and reasonably accompany the responsibility of office. USE OF LOCAL GOVERNMENT PROPERTY, RESOURCES AND SERVICES BY MEMBERS OF COUNCIL d) De la nourriture, de I'hebergement, du transport ou du divertissement offert par d'autres niveaux de gouvernement ou par d'autres gouvernements locaux, conseils d'administration et commissions; e) Des quantites raisonnables de nourriture et de boissons consommees lors de banquets, receptions, ceremonies et autres evenements similaires; f) Des cadeaux symboliques comme des souvenirs et des cadeaux commemoratifs qui sont donnes en guise de remerciement pour avoir participe a un evenement; g) Des cadeaux regus dans le cadre normal et raisonnable du protocoie ou d'une obligation sociale lige a leurs fonctions; UTILISATION PAR LES MEMBRES DU CONSEIL DES BIENS, RESSOURCES ET SERVICES DU GOUVERNEMENT LOCAL 7.1 No Member of Council shall make 71 Aucun membre du conseil n'utilise HE"I use of, or permit the use of any City premises (land, facilities, equipment, supplies, etc.), staff or other resources (computers, networks, websites, social media) other than for carrying out the business of the local government. 7.2 Members of Council shall avoid waste and extravagance in the provision or use of the City's resources or property belonging to the City. 7.3 No Member of Council shall use the facilities, equipment, supplies, services or other resources of the City for any election campaign or campaign -related activities. No Member of Council shall undertake campaign -related activities on City property. No Member of Council shall use the services of persons during working hours in which those persons receive any compensation from the City. USE OF COMMUNICATION TOOLS AND SOCIAL MEDIA 8.1 Members of Council shall use communication tools, such as newsletters, websites and social media in a responsible and respectful manner. 8.2 Members of Council must not claim to speak on behalf of Council unless authorized to do so. ou ne permet ('utilisation de toute propriete de la municipalite (terrain, installations, equipement, materiel, etc.), du personnel ou d'autres ressources (ordinateurs, reseaux, sites Web, medias sociaux) a des fins autres que pour mener les affaires du gouvernement local. 7.2 Les membres du conseil evitent le gaspillage et les extravagances dans la fourniture ou ('utilisation de ressources de la municipalite ou de biens lui appartenant. 7.3 Aucun membre du conseil n'utilise les installations, 1'equipement, le materiel, les services ou autres ressources de la municipalite pour toute campagne electorale ou activites reliees a la campagne. Aucun membre du conseil n'entreprend d'activites reliees a une campagne sur une propriete municipale. Aucun membre du conseil n'utilise les services de personnes au tours des heures de travail ou ces personnes regoivent une remuneration de la municipalite. UTILISATION DES OUTILS DE COMMUNICATION ET DES MtDIAS SOCIAUX 8.1 Les membres du conseil utilisent les outils de communication, comme les bulletins d'information, les sites Web et les medias sociaux d'une manlere responsable et respectueuse. 8.2 Les membres du conseil ne peuvent pretendre parley au nom du conseil a moins d'en etre autorises. 8.3 Unless Council directs otherwise, 8.3 A moins que le conseil decide the Mayor is Council's official autrement, le maire est le porte-parole 11 1i 115191 spokesperson and in the absence of the Mayor, it is the Deputy Mayor. All inquiries from the media regarding the official Council position on an issue shall be referred to Council's official spokesperson. 8.4 A Member of Council who is authorized to act as Council's official spokesperson must ensure that their comments accurately reflect the official position and will of Council as a whole, even if the Member of Council personally disagrees with Council's position. 8.5 Members of Council must keep in mind they are always representative of the City of Saint John, including when engaging in social media activities, and Members of Council are encouraged to identify when views expressed are theirs alone and not official City of Saint John communication. 8.6 Members of Council shall not use communication tools and social media to engage in criticism of other Members of Council, the City staff or the general public. 8.7 Members of Council shall not engage in or encourage bullying, flllaming, or shaming of any other social media users. These types of interactions on social media misplace the focus of interaction on attacking individuals rather than engaging in constructive discussion or debate. This manner of communication is inconsistent with the Code of Conduct and unbecoming of the office that officiel du conseil et en I'absence du mare,, cels revient au maire suppleant, Toutes les demandes des medias concernant la position du conseil sur un enjeu sont transmises au porte- parole officiel du conseil. 8.4 Un membre du conseil qui est autorise a agir comme porte-parole officiel du conseil doit s'assurer que ses commentaires refletent exactement la position officielle et la volonte du conseil dans son ensemble, et ce, meme si le membre du conseil est personnellement en desaccord avec la position du conseil. 8.5 Les membres du conseil doivent garder a 1'esprit qu'ils sant toujours des representants de The City of Saint John, y compris lorsqu'ils partiiicipent a des activiites Wes aux medias sociaux, et lorsque des points de vue sont exprimes, les membres du conseil sont encourages de specifier que ce sont les leurs et non pas une communication officielle de The City of Saint John. 8,6 Les membres du conseil n'utilisent pas les outils de communication et les medias sociaux pour critiques d'autres membres du conseil, du personnel de The City ou le grand public. 8.7 Les membres du conseil n'intmident pas, n'injurient pas ou n'humilient pas d'autres utilisateurs de medias sociaux ni n'encouragent de telles actions. Ce genre d'interactions dans les medias sociaux deplace I'objectiiif Onteragir en attaquant des individus plut6t qu'en favorisant une discussion constructive ou un debat constructif. Cette fagon de communiquer est incompatible avec le 12 lirLI Members hold. 8.8 No Member of Council shall make a statement with the intent to mislead Council or members of the public. 8.9 No Member of Council shall make a statement when they know the statement is false. CONDUCT AT MEETINGS 9.1 Members of Council shall conduct themselves in accordance with the provisions set out in the City's Procedural Bylaw, in particular Section 12 Rules of Conduct. 9.2 Members of Council may not impugn or malign a debate or decision or otherwise erode the authority of Council. Members of Council have the right to express disagreement with positions put forward by other Members provided such disagreement remains focused on the issue. Once Council has adopted a resolution, Members of Council are expected to support the resolution and the work associated with carrying out this resolution. HANDLING OF CONFIDENTIAL INFORMATION 10.1 Members of Council shall refrain from disclosing or releasing any confidential information to any code de deontologie et entache [a dignite des functions qu'exercent les membres. 8.8 Aucun membre du conseil ne fait de declaration avec ('intention de tromper le conseil ou les membres du public. 8.9 Aucun membre du conseil ne fait de declaration lorsqu'il sait que celle-ci est fausse. COMPORTEMENT LORS DES R9UNIONS 9.1 Les membres du conseil se component conformement aux dispositions enoncees dans I'Arrete sur les procedures de The City, particulierement I'article 12 Regles de procedures. 9.2 Les membres du conseil ne contestent pas ou ne denigrent pas un debat ou une decision ou ne mine pas I'autorite du conseil. Les membres du conseil ont le droit d'exprimer leur desaccord avec les positions presentees par d'autres membres a condition que le desaccord demeure concentre sur la question. Une fois que le conseil a adopte une resolution, on s'attend A ce que les membres du conseil appuient la resolution et le travail associe A I'application de tette resolution. TRAITEMENT D'INFORMATIONS CONFIDENTIELLES 10.1 Les membres du conseil s'abstiennent de divulguer ou de diffuser toute information MAN member of the public, or in any way divulge any confidential information, including personal information or any aspect of deliberation obtained through their holding office, in either oral or written form, in accordance with the Right to Information and Protection of Privacy Act. 10,2 Members of Council shall keep confidential those matters that are discussed in a meeting that is authorized under the Local Governance Act to be closed to the public. 10.3 Members of Council shall not use confidential information, including information that they might have knowledge of by virtue of their position that is not in the public domain, including emails or correspondence from other Members of Council, or third parties, for personal or private gain, or for the gain of relatives or any person or corporation or cause detrimental to the City, Council, local board or others. confidentielle a tout membre du public, ou ne divulgue de quelque que fagon que ce soit toute information confidentielle, incluant de l'informatiion personnelle ou tout element de deliberation obtenu dans le cadre de leurs fonctions, que ce soit verbalement ou par ecrit, conformement a la Loi sur le droit a !'information et la protection de to vie privee. 10.2 Les membres du conseil gardent confidentielles les questions qui sont traitees dans une reunion qui peut etre tenue a huis clos en vertu de la Loi sur la gouvernance locale. 10.3 Les membres du conseil n'utillsent pas d'informatiions confidentielles, y compris l'information qu"ils pourraient connaitre en raison de $eur fonction, quit nest pas du domaine public, y compris les courriels ou la correspondance provenant d'autres membres du conseil, ou de tierces parties, pour un avantage personnel ou privee ou pour I'avantage d'un membre de leur famille ou de toute personne, societe ou cause qui pourrait nuire a la municipalite, une commission locale ou autres. 10A The obligations identified in 10.4 Les obligations indiquees a la section 10.3 above constitute section 10.3 ci-dessus constituent des continuing obligations that apply obligations continues qui sont following service on Council by any applicables apres qu'un membre du Members of Council. conseil ait servi au conseil. REMEDIAL ACTION IF CONTRAVENTION OCCURS MESURES CORRECTIVES EN CAS D'INFRACTION 11.1 Should a Member of Council 11.1 Si un membre du conseil enfreint "14 `I W-13 breach any of the principles outlined in this Code of Conduct Bylaws, the possible courses of action that are available to Council include but are not limited to: (a) Reprimand; un principe dnoncd dans le present Arrete relatif au code de deontologie, les mesures envisageables par le conseil incluent, mais sans s'y limiter: a) Une rdprimande; (b) Expulsion of Member from a b) L'expulsion d'un membre d'une meeting of Council or Council reunion du conseil ou d'un comitd committee; du conseil; (c) An apology by the Member of Council to the impacted individual(s), Council and or the general public; (d) Removal of the Member from the Council Committee and/or bodies; (e) The Offences and Penalties contained in the Local Governance Act that apply to Members of Council who violate the Disclosure of Conflict of Interest provisions of the Act; c) La presentation d'excuses par le membre du conseil a I'individu ou aux individus concernds, au conseil ou au grand public; d) Le retrait du membre du comite du conseil ou d'une instance du conseil; e) Les infractions et peines prdvues dans la Loi sur la gouvernance locale qui s'appliquent aux membres du conseil qui contreviennent aux dispositions de divulgation de conflit d'intdrets de la Lai; (f) Other penalties and sanctions f) contained in relevant federal or provincial legislation. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this bylaw the day A.D. 2019 and signed by: Les autres peines et sanctions prevues dans la Idgislation fdddrale ou provinciale applicable. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2019, avec les signatures suivantes : Common Clerk /Greffier communal First Reading Premiere lecture Second Reading mm Deuxieme lecture Third Reading Troseme lecture im IiF-1191 The City of Saint John The City of Saint John Consolidated Financial Statements December 31, 2016 The City of Saint John December 31 a 2016 10101 L't 114 k, I &I WIN Pane Consolidated Financial Statements Independent Auditor's Report 3-4 Consolidated Statement of Financial Position 5 Consolidated Statement of Operations and Accumulated Surplus 6 Consolidated Statement of Changes in Net Debt 7 Consolidated Statement of Cash Flow 8 Notes to the Consolidated Financial Statements 9-41 WIN Deloitte` beloitle LLP mY� Brunswick House P.O. Box 6549 44 Chipman Hill, 7th Floor Saint John NB Ell. 4119 Canada 'rel: 506.632-1080 Fax: 506-632-1210 www.deloltlaza 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, 2016 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 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 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 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 entity'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 audit opinion. `E:191 Opinion In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of The City of Saint John as at December 31, 2016 and the results of its operations, changes in its net debt, and its cash flows for the years then ended in accordance with Canadian public sector accounting standards. Chartered Professional Accountants July 10, 2017 �l The City of Saint John Consolidated Statement of Financial Position As at December 31, 2016 December 31, December 31, 2016 2015 Restated (Note 8) Financial assets Cash and cash equivalents (Note 4) 56,446,462 28,879,337 Accounts receivable (Note 5), (Note 6) and (Note 7) 11,746,330 15,934,184 Investment in Energy Services (Note 8) 37,839,000 33,543,000 Other investments (Note 9) 8,347,991 7,913,047 114,3794783 86,269,568 Financial liabilities Accounts payable and accrued liabilities (Note 10) 24,224,049 29,484,048 Deferred revenue 1,653,632 1,801,578 Deferred government transfers (Note 11) 13,736,023 1,098,153 Post employment benefits and compensated absences (Note 13) 118,083,268 123,690,809 Bank loan payable (Note 3) 56,454 108,582 Long term debt (Note 12) 206,785,270 221,444,436 364,538,696 377,627,606 Net debt (250,158,913) (291,358,038) Non-financial assets Inventory 1,448,515 1,469,832 Prepaids 546,664 1,098,292 Tangible capital assets (Note 20) 903,622,865 928,272,092 905,616,044 930,840,216 Accumulated surplus 655,459,131 639,482,178 Contingencies (Note 14) , Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements. 0 The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31, 2016 Revenues Property taxes Unconditional grant Other revenue from own sources (Note 25) Water and sewer revenue (Note 16) Miscellaneous revenue Contributions from others (Note 25) 2016 19,923,206 Budget 2016 2015 (Unaudited) (Restated (Note 2) Note 8) S S S 120,141,178 120,141,178 118,325,922 19,923,206 19,923,206 20,935,308 21,797,617 24,123,864 25,125,562 40,552,000 39,944,867 37,745,373 896„844 1,298,956 1,571,153 725,000 9,050,932 11,921,225 Income from energy services - 4,296,000 5,096,000 Expenses General Government Services (Note 25) Protective services (Note 25) Transportation services (Note 25) Water and sewer services (Note 25) 204,035,845 218,779,003 220,720,543 41,993,592 36,676,361 32,062,629 50,686„402 49,623,256 48,947,307 37,787,264 46,435,416 49,906,075 43,947,000 34„986,997 34,612„882 Environmental health services (Note 25) 3,629„4110 3,,208,944 3,262,,654 Environmental development services (Note 25) 18,303,935 21,479,934 20,030,186 Recreational and cultural services Note 25)_9,958,863 10,391,142 10,034,747 206,306;466 202,802,050 198,856,480 Annual surplus (2,270„621) 15,976,953 21,864,063 Accumulated surplus, beginning of year - 639,482,178 617,618;,115 Accumulated surplus, end of year (2,270,621) 655,459,131 639,482„178 The accompanying notes are an integral part of these consolidated financial statements. 6 `DN The City of Saint John The City of Saint John Consolidated Financial Statements December 31, 2017 The City of Saint John December 31, 2017 Consolidated Financial Statements Independent Auditors Report Consolidated Statement of Financial Position Consolidated Statement of Operations and Accumulated Surplus Consolidated Statement of Changes in Net Debt Consolidated Statement of Cash Flow Notes to the Consolidated Financial Statements fiF:f:3 ae 3-4 5 6 7 8 9-40 Independent Auditor's Report To His Worship the Mayor and Members of Common Council$ of The City of Saint John Deloitte LLA Brunswick House P.O. Box 6549 44 Chipman Hill, 7th Floor Saint John NB F.21. 4119 Canada Tel; 506-632-1080 Fax: 506-632-1210 www.deloitte.ca 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, 2017 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 Financial Statements Management Is responsible for the preparation and fair presentation of these consolidated flnancial 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 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 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 entity'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 pollcles 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 audit opinion. 93 iIE:1%7 Opinion In our opinilon, the consolidated financial statements present fairly, in all material respects, the financial position of The City of Saint John as at December 31, 2017 and the results of Its operations, changes In its net debt, and Its cash Flows for the years then ended In accordance with Canadian public sector accounting standards. Chartered Professional Accountants July 9, 2018 iIRM El The City of Saint John Consolidated Statement of Financial Position As at December 31, 2017 December 31, December 31, 2017 2016 ConHngendes (Note 14) 'Davi Meniffiew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements, 0 MOS S � Financial assets Cash and cash equivalents (Note 4) 28,972,730 56,446,462 Accounts receivable (Note 5), (Note 6) and (Note 7) 16,754,191 11,746,330 Investment in energy services (Note 8) 29,687,000 37,839,000 Other investments (Note 9) 101,975,857 8,347,991 _ 177,3691778 114,379,783 Financia) liabilities Accounts payable and accrued liabilities (Note 10) 30,134,834 24,224,049 Deferred revenue 1,631,334 1,653,632 Deferred government transfers (Note 11) 31,534,608 13,736,023 Post employment benefits and compensated absences (Note 13) 114,846,827 118,083,268 Bank loan payable (Note 3) - 56,454 Long term debt (Note 12) 241,041,285 206,785,270 , . 419,188,888 3641538,696 Net debt (241,799,110)° L250,158,913) Non-financial assets Inventory 1,463,962 1,448, 515 Prepaids 643,058 546,664 Tangible capital assets Note 20)_ 915,734,659 903,622,865 917,841,679 905,618,044 Accumulated surplus 676,042,569 655.459.131 ConHngendes (Note 14) 'Davi Meniffiew, Chair of Finance Committee The accompanying notes are an integral part of these consolidated financial statements, 0 MOS The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31„ 2017 The accompanying notes are an Integral part of these consolidated financial statements„ El 2017 Budget (Unaudited) 2017 2016 (Note 2) x x x Revenues Property taxes 120,853,074 122,979,450 120,141,178 Unconditional grant 20,225,932 19,328,372 19,923,206 Other revenue from own sources (Note 26) 24,979,320 24,679,313 24,123,864 Water and sewer revenue (Note 16) 41,985,000 42,667,479 39,944,867 Miscellaneous revenue 705,600 865,927 1,298,956 Contributions from others (Note 26) 589,182 21,193,684 9,050,932 Income from energy services - 4,296,000 209,338,108 231,714,225 218,779,003 Expenses General govemment services (Note 26) 43,558,884 35,844,645 35,580,902 Protective services (Note 26) 51,464,243 52,470,573 50,718.715 Transportation services (Note 26) 37,667,466 46,488,052 46,435,416 Water and sewer services (Note 26) 45,250,000 35,819,969 34,986,997 Environmental health services (Note 26) 3,760,728 3,281,736 3,208,944 Environmental development services (Note 26) 19,051,802 18,184,695 21,479,934 Recreational and cultural services (Note 26) 10,213,056 10,889,117 10,391,142 Loss from energy services - 8,1521000 - _ r 210,9661179 211,130,787 202,802,050 Annual surplus (deficit) (1,628,071) 20,583,438 159976,953 Accumulated surplus, beginning of year , - 655459,131 6391482,178 w Accumulated surplus, end of year _. 676,042,569 6554459,131 The accompanying notes are an Integral part of these consolidated financial statements„ El The City of Saint John The City of Saint John Consolidated Financial Statements December 31, 2018 `PW The City of Saint John December 31, 2018 CONTENTS Consolidated Financial Statements Independent Auditor's Report Consolidated Statement of Financial Position Consolidated Statement of Operations and Accumulated Surplus Consolidated Statement of Changes in Net Debt Consolidated Statement of Cash Flow Notes to the Consolidated Financial Statements Pig 3-4 5 B 7 9.41 Deloitte. DeblttaLLP P.O. Box 20094 Brunswick Square Saint John NS E21.5132 Canada Tel: 506-632.1080 Fax: 506.632.3210 ^ase Independent Auditor's Report To His Worship the Mayor and Members of Common Council of The City of Saint John Report on the Audit of the Financial Statements Opinion We have audited the financial statements of The City of Saint John (the "City"), which comprise the statement of financial position as at December 31, 2018, and the statements of operations, and accumulated surplus, change In net debt and cash flow for the year then ended, and notes to the financial statements, including a summary of significant accounting policies (collectively referred to as the "financial statements"). In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of the City as at December 31, 2018, and the results of its operations, Its accumulated surplus, changes in its net debt, and Its cash flows for the year then ended In accordance with Canadian public sector accounting standards VIRSAS'7. Basis for Opinion We conducted our audit In accordance with Canadian generally accepted auditing standards ("Canadian GAAS"). Our responsibilities under those standards are further described In the Auditor's Responsibilities far the Audit of the Rnanclal Statements section of our report. We are Independent of the City In accordance with the ethical requirements that are relevant to our audit of the financial statements In Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained Is sufficient and appropriate to provide a basis for our opinion. Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with DSAS, and for such Internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management Is responsible for assessing the Organization's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Organization or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Organization's financial reporting process. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance Is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian GAAS will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material If, Individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. 3 `1061'7 As part of an audit in accordance with Canadian GARS, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud Is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit 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 Ciiity's Internal control. • Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. • Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the City's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention In our auditor's report to the related disclosures In the financial statements or, If such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor's report. However, future events or conditions may cause the City to cease to continue as a going concern. • Evaluate the overall presentation,„ structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events In a manner that achieves fair presentation, • Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the City to express an opinion on the financial statements. We are responsible for the direction, supervision and performance of the group audit. We remain solely responsible far our audit opinion. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Chartered Professional Accountants Saint John, NB June 6, 2019 �I iL61.1 I The City of Saint John Consolidated Statement of Financial Position As at December 31, 2018 2018 2017 Financial assets Cash and cash equivalents (Note 4) 54,488,474 28,972.730 Accounts receivable (Note 5), (Note 6) and (Note 7) 14,928,028 16,754,191 Investment in energy services (Note 8) 50,801,000 29,687.000 Other Investments Note 9 98,227,006 101,975,857 218,444,508 177,389,778 Financial liabilities Accounts payable and accrued liablitties (Note 10) 153,921,929 30,134,834 Deferred revenue 1,350,102 1,631,334 Deferred government transfers (Note 11) 45,327,274 31,534,608 Post employment benefits and compensated absences (Note 13) 117,842,785 114,846,827 Long-term debt (Note 12) _ 230159,530 241,041,265 549 201620 419188 888 Not debt _ (330,757,112) (241,799,110) Non-financial assets Inventory Prepaids 4,971,338 1,463,962 588,601 643,058 Tangible capital assets (Note 20) _ 1,023,433,031 915,734,659 1,028,992,970 917,841,679 Accumulated surplus 698,235,858 6.76,042,569 Contingencies (Note 14) e Committee The accompanying notes are an Integral part of these consolidated financial statements. `LOYA L The City of Saint John Consolidated Statement of Operations and Accumulated Surplus For the year ended December 31, 2018 215,614,987 223 510168 211,130,787 Annual su usdeflclt (1,702,351) 22193 289 20,6a3,438 Accumulated surplus. beginning of year - 678,042,569 665,459,131 .Accumulated surplus, and of_year 698,236,858 676_042_569 The accompanying notes are an integral part of these consolidated financial statements. 6 iRU] 2018 Budget (Unaudited) 2018 2017 (Note 2) i 3 S Revenues Property taxes 121,319,068 123,443,042 122„979,450 Unconditional grant 16,603,,,206 15,659,510 19,,328,372 Financial assistance 4,717,196 4,556,010 - Other revenue from own sources (Note 25) 25,086,270 23,679,,812 24„679,313 Water and sewer revenue (Note 16) 44,504,000 44„590„627 42,667,,,479 Miscellaneous revenue 311,000 421,081 865,927 Contributions from others (Note 25) 1,371,876 12,239,375 21,193,684 Income from energy services _ 21,114,000 - _ _, 213 912 636 245,703,457 231,714,225 Expenses General government services (Note 25) 42,310,658 48,894,496 35,844,645 Protective serviflces (Note 25) 54,285,593 53,478,337 52,470,573 Transportation services (Note 25) 39,249,909 47„324,451 46.488,052 Water and sewer services (Note 25) 47,804,000 40,332,566 35,619,969 Environmental health services (Note 25) 3,764,178 3,429,828 3,281,736 Environmental development services (Note 25) 17,954,811 18,792,023 18,184,695 Recreational and cultural services (Note 25) 10,245,838 11,258,467 10,889,117 Loss from one services 8152 000 215,614,987 223 510168 211,130,787 Annual su usdeflclt (1,702,351) 22193 289 20,6a3,438 Accumulated surplus. beginning of year - 678,042,569 665,459,131 .Accumulated surplus, and of_year 698,236,858 676_042_569 The accompanying notes are an integral part of these consolidated financial statements. 6 iRU] COUNCIL REPORT M&C No. 2020-67 Report Date February 20, 2020 Meeting Date February 24, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Saint John Energy Non -Disclosure Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John L. Nugent John L. Nugent John Collin RECOMMENDATION That Common Council adopt the following resolution: "RESOLVED that Common Council approve the Non -Disclosure Agreement between the City and Saint John Energy which was attached to Council Report M&C 2020-67 dated the 24th day of February 2020, and further that the Mayor and Common Clerk be authorized to execute the said Agreement." EXECUTIVE SUMMARY In accordance with "Sustaining Saint John, a Three -Part Plan", the City has retained Deloitte LLP to conduct an analysis of Saint John Energy's (SJE) current and prospective operations. In order to do so confidential information from SJE is required. SJE is prepared to provide the information conditional upon an appropriate Non -Disclosure Agreement (NDA) being in place with each of the City and Deloitte. Extensive exchange between officials of SJE and their legal counsel, and officials of the City and the City Solicitor's Office have produced the text of an NDA which we are recommending to the Committee of the Whole. PREVIOUS RESOLUTION RESOLVED that as recommended by the Committee of the Whole having met on November 4, 2019 Common Council approve the following: 1. Authorize the Mayor and Common Clerk to execute the submitted Letter of Engagement dated October 30, 2019; and 2. Approve a maximum of $50,000 be allocated from the Restructuring Reserve Fund to support the Independent Business Valuation of Saint `Pl%7 -2 - John Energy's Growth Agenda, only to be used if there are insufficient operating funds remaining in the 2019 budget to offset the associated Deloitte engagement costs. STRATEGIC ALIGNMENT The recommended NDA supports the sustainability initiatives as they relate to the role/contribution of SJE. REPORT In order for Deloitte to be able to execute the work required by its contract with the City as part of "Sustaining Saint John, A Three -Part Plan", financially sensitive information generated and/or held by SJE is required. SJE is prepared to disclose such information to Deloitte and to the City subject to the appropriate safeguarding of the confidentiality of that information, in accordance with the applicable law. The attached NDA essentially reflects the provisions of RTIPPA, providing that neither party shall disclose information which that legislation requires to be held in confidence. Under the terms of RTIPPA, a body subject to its provisions must designate a person or group to act as the "head" as that title is used in the legislation. It is the right and obligation of the "head" to determine, based on the provisions of the governing legislation, the disposition of a request for information. In other words, the "head" is charged with the duty of applying the provisions of RTIPPA to each request for information received under that legislation. The Common Clerk, Jon Taylor has been delegated by Council to discharge the role of "the Head" for the City of Saint John. In discharging that role the "head" and not the delegating entity, is statutorily mandated to determine whether to disclose information requested and if so, the extent of any disclosure. In making that determination the "head" would be expected to seek legal advice as necessary and to consider representations made to him in good faith. However, at the end of the day the decision is that of the "head". A noteworthy provision contained in the recommended NDA is one which stipulates that in instances where RTIPPA recognizes a discretion whether to disclose information, the City will "encourage" the "head" to refrain from disclosure when SJE advises in writing that to do so would potentially do harm to its financial or business interests. The "head" as noted is not bound by such encouragement but in our view would be acting entirely within his authority and consistent with his responsibilities to consider any good faith communication delivered to him. We believe the draft text attached respects the provisions of RTIPPA and simultaneously recognizes the legitimate interests of both SJE and the City in 180191 -3 - maintaining information as confidential when such information could potentially be harmful to the business and financial interests of the parties. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Mr. Neil Jacobsen in his former role as Deputy City Manager participated and contributed to the discussions respecting the attached NDA. ATTACHMENTS Non -Disclosure Agreement Wel CONFIDENTIALITY AND NON -DISCLOSURE AGREEMENT THIS AGREEMENT made as of the —day of , BY AND BETWEEN: THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a corporate entity doing business as SAINT JOHN ENERGY ("SJE") Of the First Part –and– THE CITY OF SAINT JOHN, a body corporate created by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, with its City Hall located at 15 Market Square, in the City of Saint John, New Brunswick (the "City") Of the Second Part WHEREAS The City has engaged Deloitte LLP ("Deloitte") to carry out a study of SJE (the "Study"), which Study is anticipated to be carried out in three phases with phase 1 being a current state pricing analysis ("Phase i"), phase z being a growth agenda assessment ("Phase i") and phase 3 being an updated pricing analysis ("Phase 3"), and WHEREAS the Study will result in Deloitte preparing and submitting to the City a separate report on each of Phases 1, z and 3 (each a "Report"), as referred to in the first recital hereof; and WHEREAS the Study will entail SJE providing Deloitte with information which SJE has provided or will provide on a confidential basis and which it has consistently treated as such, and WHEREAS each of SJE and the City is subject to the provisions of the Right to Information and Protection of PrivacyAct (SNB 2009 c.r-1o.6) ("RTIPPA"); and WHEREAS the information which SJE has made available on a confidential basis to Deloitte could, if made public or released to certain third parties, cause irreparable harm to SJE given amongst other things, the nature of such documents and information and the nature of SJE's business. 2199239- 202 2 NOW THEREFORE, the parties in consideration of these presents and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree each with the other as follows: 1. Preamble. The preamble of this Agreement forms an integral part thereof. 2. Reports. Within five business days of the City receiving each Report and advising SJE accordingly in writing, SJE shall identify in writing to the City all information contained therein which SJE asserts would, if disclosed, be harmful to SJE's business or financial interests. Such latter identification shall include a sound explanation of the basis for SJE's assertion, articulated in the context of RTIPPA. ii. The City shall not disclose any information identified to the City pursuant to the provisions of paragraph i. without first having received the written consent of SJE, unless: (i) disclosure is required pursuant to the provisions of RTIPPA or (ii) the "head"has exercised, pursuant to the provisions of RTIPPA, the discretion to disclose information and when in each such case the City has encouraged the "head" to exercise the discretion not to disclose. iii. The City shall forthwith upon receiving the identification of information referred to in subparagraph i provide such identification to the Common Clerk of the City or to whichever person or group of persons is designated from time to time by the City to serve as the "head" pursuant to the applicable provisions of RTIPPA. The identification of information aforesaid shall inform any decision which the "head" might be required to take in the event that a request for related information is made to the City. 3. Non -Disclosure. The process described in paragraph z is in addition to the provisions of RTIPPA respecting the response to a request for information where the disclosure of such information might be harmful to the financial or business interests of either the City or SJE. 4. Subject to paragraph 5, neither the City nor SJE shall disclose information contained in the Reports except (i) with the consent of the other party, which consent shall not be unreasonably withheld, or (ii) in accordance with the applicable law, and (iii) disclosure on a need—to-know basis to their respective employees and the members of Common Council of the City and SJE's Board of Commissioners, as applicable, and who are required to have the information in order to evaluate or engage in discussions regarding or arising from the Study. The City and SJE shall ensure that any such employees and 2199239- 203 3 elected or appointed officials, as applicable, are aware of the obligations respecting confidentiality established herein and that each agrees to comply with those obligations. 5. The foregoing restriction does not apply to any information which: (a) is or becomes generally available to and known by the public, other than as a result of the party's unauthorized disclosure or material breach of this Agreement; (b) was already in SJE's possession or available to SJE before the effective date of the Agreement (including such information that may have been incorporated into and form part of one or more of the Reports); (c) becomes available to SJE on a non -confidential basis from a source not bound by a confidentiality obligation or agreement with the City; or (d) has been or is independently developed or obtained by SJE without violating any of the obligations under this Agreement. 6. Any discussion by the Common Council of the City or the Committee of the Whole of the Common Council of the City shall to the fullest extent permissible by the open meeting provisions of the Local Governance Act (S.N.B. 2017 c.19) occur at a meeting closed to the public. 7. No Warranty. All Confidential Information is provided "as is, where is". Except as otherwise stated, SJE makes no warranties, express, implied or otherwise, regarding its accuracy, completeness or performance, non -infringement of third party rights, or fitness for a particular purpose. 8. Access to Information. SJE expressly authorizes the City to obtain from Deloitte any information provided to it by SJE and which bears directly or indirectly upon the subject of the Study, and this Agreement shall operate as authority for Deloitte to provide if requested by the City, such information as soon as reasonably possible. 9. Remedies. The parties agree and acknowledge that any breach of this Agreement might cause irreparable harm to the other which might not be compensated by the award of damages. Accordingly, the terms of this Agreement shall be specifically enforced. The parties recognize that in the event of a breach of the obligations set forth in this Agreement either party in addition to any other available rights and remedies, shall be entitled to seek a provisional interlocutory injunction, an interlocutory injunction and any other equitable remedy in order to allow it to enforce the obligations set forth in this Agreement. 2199239- 204 0 10. Governing Law. This Agreement shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 11. Interpretation. The parties acknowledge that their respective legal counsel have reviewed and participated in settling the terms of this Agreement, and that any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applicable in the interpretation of this Agreement. 12. Entire Agreement. This document contains the entire agreement between the parties with respect to the subject matter hereof, and may only be amended or suspended in writing. 13. Notices. Any notice, consent or other communication required or permitted to be given or made under this Agreement shall be in writing and shall be effectively given if delivered by hand or pre -paid registered mail: In the case of the City to: Common Clerk The City of Saint John 8th Floor, City Hall 15 Market Square Saint Joh, NB EzL 1E8 ii. In the case of SJE to: Saint John Energy PO Box 850 Stn Main Saint John NB EzL 4C7 14. Severability. The provisions of this Agreement shall be severable. If any of the provisions herein or its application to any specific situation shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect any other provision of this Agreement or its application to any other situation. [Signature page follows] 2199239- 205 5 IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized representatives as of the Effective Date. THE POWER COMMISSION OF THE CITY OF SAINT JOHN, doing business as SAINT JOHN ENERGY Per: Ray Robinson President and CEO THE CITY OF SAINT JOHN Per: Mayor Per: Common Clerk Resolution Date: 2199239- 206 PUBLIC REPORT FROM COMMITTEE OF THE WHOLE M&C No. 2020-66 Report Date February 21, 2020 Meeting Date February 24, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Settlement of Grievances - CUPE Local 486 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Scott A. Brittain, Q.C. John L. Nugent, Q.0 John Collin Kevin Hooper Kevin Fudge Stephanie Hassock REPORT SUMMARY The resolution recommended below by Committee of the Whole to Common Council resolves two outstanding grievances on a without prejudice or precedent basis, thereby averting the necessity of a scheduled arbitration proceeding before Michel Doucet, Q.C. At the same time, it adds language to the CUPE Local 486 Collective Agreements with both the City and the Board of Police Commissioners of the City of Saint John that will bring administrative efficiency and additional clarity to the administration of this benefit moving forward in circumstances where employees opt for a one -time -only payment in advance of retirement. This outcome, as is noted in the resolution, is conditional on CUPE Local 486's ratification of Letters of Agreement under each of the above -noted Collective Agreements that incorporates the additional language found in the resolution. It promotes good labour relations between the parties and has been brokered having regard to that spirit of cooperation. RESOLVED that "Retirement Pay", as that term is used in Article 20.02 of separate Collective Agreements between CUPE Local 486 and the City and the Board of Police Commissioners of the City of Saint John (the "Commission"), respectively, be paid to former employees of the Commission who were identified, respectively, by Employee # 2041 and #2191, on a without prejudice or precedent basis subject to the ratification by CUPE Local 486 of a Letter of Agreement under each of the aforementioned Collective Agreements which adds the following additional language to Article 20.02: "Effective March 15; 2020, there shall be a thirty (30) day period that shall elapse between the submission of a request in writing for a one -time -only payment in lieu of retirement pay and the payment of this benefit. Should an employee tender her or his resignation of KIYA employment to the Employer during this thirty (30) day period, she or he shall be ineligible to receive this benefit." W91-13