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2022-03-21_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, March 21, 2022 6:00 pm 2nd Floor Common Council Chamber, City Hall Pages 1. Call to Order 1.1. Land Acknowledgement 1.2. National Anthem 2. Approval of Minutes 2.1. Minutes of March 7, 2022 2 - 15 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Engineering Services: Rockwood Park Redevelopment Project Phase III 16 - 20 (Recommendation in Report) 5.2. Provincially Designated Highways — Proposed Five -Year Capital Improvement 21 - 26 Program (Recommendation in Report) 5.3. Renewal of Bell Ethemet Service Schedule (Recommendation in Report) 27 - 34 5.4. Donation of Public Art (Recommendation in Report) 35 - 42 5.5. Emst & Young Consulting Services for Performance Management 43 - 56 (Recommendation in Report) 5.6. Agreement with NBCC for provision of Fire Service Training (Recommendation 57 - 90 in Report) 5.7. Council Member Meeting Attendance Records (Recommendation in Report) 91 - 94 6. Members Comments 7. Proclamation 7.1. International Day for the Elimination of Racial Discrimination in The City of Saint John - March 21, 2022 8. Delegations / Presentations 8.1. Port Saint John: Positioned for Performance 9. Public Hearings - 6:30 p.m. 10. Consideration of By-laws 10.1. Use of Sidewalks By-law — By-law Amendment (1 st and 2nd Reading) 10.2. Zoning By -Law Amendment - 2626 Loch Lomond Road (3rd Reading) 10.3. Zoning By -Law Amendment with Section 59 Conditions - 1781 Bayside Drive (3rd Reading) 10.4. By -Law respecting Weight Restrictions within The City of Saint John (3rd Reading) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1. Referral Response - 2022 Field, Arena Floor and Tennis Rates 12.1.1. Saint John Senior Alpines - Memorial Field - Field Rates 12.2. General Counsel Office 2021 Annual Report 12.3. Annual FCM Conference Attendance 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. A. Johnson: Community Involvement begins at the Top (Recommendation: Receive for Information) 15.2. Tidal Heritage Development Ltd.: Street Grid Reconstruction at Germain and Lower Cove Loop (Recommendation: Receive for Information) 2 95 - 96 97 - 138 139 - 146 147 - 150 151 - 155 156 - 169 170 - 295 296 - 297 298 - 316 317 - 318 319 - 320 321 - 322 16. 17 18. 15.3. B. Holmes: Dump Trucks on Manchester Avenue (Recommendation: Refer to City Manager for a staff response to citizen concern) Supplemental Agenda Committee of the Whole 17.1. C®VID 19 Vaccine or Test Policy 17.2. Project Update and Land Swap Agreement for Alignment of Retail Drive and Ashburn Lake Road Intersections 17.3. Termination of Lease Agreement - Baking Stone Adjournment 323 - 324 325 - 325 326 - 326 327 - 327 K City of Saint John Common Council Meeting Monday, March 21, 2022 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 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., 2nd Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) 1.7 Financial Matter 68(1)(c) 1.8 Financial Matter 68(1)(c) Present: COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 7, 2022, AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Joanna Killen Councillor Ward 1 Greg Norton Councillor Ward 2 Barry Ogden Councillor Ward 3 David Hickey Councillor Ward 3 Gerry Lowe Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: City Manager J. Collin General Counsel M. Tompkins Commissioner, Human Resources S. Hossack Fire Chief & Chief Emergency Management Services K. Clifford Commissioner, Utilities & Infrastructure Services B. McGovern Commissioner, Growth & Community Services J. Hamilton Chief of Staff & Chief Financial Officer K. Fudge Commissioner, Public Works and Transportation Services M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy Clerk P. Anglin Administrative Officer R. Evans K COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 1. Call to Order The COVID-19 Mandatory Order issued February 181" moved the Province to Level 1. Since that time the City convenes in virtual meetings under the authority of the Local Governance Act provisions s.69(3). The City Clerk conducted roll call noting all Council Members in attendance. To ensure public access and transparency the meeting is being livestreamed, video recorded and posted to the City's website after the meeting has concluded. 1.1 Land Acknowledgement Councillor Ogden read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastogiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 Moment of Silence for the victims of the Russian invasion of Ukraine Mayor Noade Reardon stated that what is transpiring in the Ukraine is a crime against humanity. The Mayor called on the City Manager to introduce a moment of silence and reflection to acknowledge the victims of the Russian invasion of Ukraine. The City Manager introduced the time-honoured tradition of offering a moment of silence for loss of life or devastating injury. "Therefore, tonight at this official gathering of our municipal government let us all join in a moment of silence in solemn recognition of the incredible pain and suffering that is occurring in the Ukraine as a result of what the international community has condemned as an illegal invasion and an unjust war." 2. Approval of Minutes 2.1 Minutes of February 22nd, 2022 Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the minutes of Common Council held on February 22, 2022, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Harris, seconded by Councillor Killen: RESOLVED that the agenda for the meeting of Common Council held on March 71", 2022, be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest K3 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 Councillor Harris declared a conflict of interest with item 12.2 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2022-055: Designation of By -Law Enforcement Officer, Common Council appoint Craig Temmerman as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law, the authority more fully described in the resolution attached to the M&C 2022-055 report. 5.2 That as recommended by the City Manager in the submitted report M&C 2022- 056: Designation of By -Law Enforcement Officer, Common Council appoint Kayla Synette as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law, the authority more fully described in the resolution attached to the M&C 2022-056 report. 5.3 That as recommended by the City Manager in the submitted report M&C 2022- 057: Designation of By -Law Enforcement Officer, Common Council appoint Matt Hanlon as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law, the authority more fully described in the resolution attached to the M&C 2022-057 report. 5.4 That as recommended by the City Manager in the submitted report M&C 2022- 072: Microsoft Customer Story Release Agreement, the City enter into the Microsoft Customer Story Release Agreement in the form as attached to M&C No. 2022-072 with Microsoft Corporation and that the Mayor and Clerk be authorized to execute the said Microsoft Customer Story Release Agreement and any document ancillary thereto. 5.5 That as recommended in the submitted report form the Planning Advisory Committee regarding Street Vesting 27 Barker Street (PIDs 0024612, 00024604 & 00024596 (portion), Common Council assent to the submitted Subdivision Plan for the City of Saint John Subdivision with respect to the proposed vesting of the Somerset Street public street right-of-way. 5.6 That as recommended by the City Manager in the submitted report M&C 2022- 060: Proposed Public Hearing Date -117 Carleton Street, Common Council schedule the public hearing for the Section 59 amendment application submitted by Jeremy Miller for 117 Carleton Street (PID 00037598) for Monday, May 2, 2022, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.7 That as recommended by the City Manager in the submitted report M&C 2022-58: Consulting Services - Saint Patrick Pedway Elevating Devices Upgrade, Common Council accept the proposal submitted by Murdock and Boyd Architects, for Consulting Services for the Saint Patrick Pedway Elevating Devices Upgrade in the amount of $103,500 plus HST including $10,000 contingency. 5.8 That the submitted report M&C 2022-69: Driver Speed Feedback Signs for Loch Lomond Road School Zone Common Council be received for information. C! COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 5.9 That as recommended by the City Manager in the submitted report M&C 2022- 067: Contract No. 2021-09: Caledonia Pathway - Sewer Twinning, the contract be awarded to the low Tenderer, MIDI Construction Ltd., at their tendered price of $188,812.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager in the submitted report M&C 2022- 059: Engineering Services: Sydney Street (Broad Street to Tin Can Beach) - Street Reconstruction and Harbour Passage Extension, the proposal from CBCL Limited, for engineering design and construction management services for Sydney Street (Broad Street to Tin Can Beach) — Street Reconstruction and Harbour Passage Extension in the amount of $189,313.00 including HST be accepted; and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.11 That as recommended by the City Manager in the submitted report M&C 2022-68: Engineering Services: Dominion Park Master Plan - Phase 1, the proposal from Glenn Group Ltd. for engineering design and construction management services for the Dominion Park Master Plan — Phase 1 project in the amount of $262,053.38 including HST be accepted; and the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. 5.12 That as recommended by the City Manager in the submitted report M&C 2022- 071: Fleet Replacement Procurement - March 2022, Common Council award the purchase of six (6) Tandem Roll-On/Off Trucks with attachments at a total cost of $2,616,024 plus HST to Saunders Equipment Ltd. 5.13 That as recommended by the City Manager in the submitted report M&C 2022- 073: Satisfactory Servicing Application for 465 Sea Street, Common Council approve the following: Common Council concur that the servicing and access proposed for the construction of a single unit dwelling on PID 00385807 is satisfactory. 2. The City of Saint John grant an easement to the proponent for the sum of $1,000.00 plus H.S.T. in a portion of PID Number 55222160 located off Sea Street, as generally shown on the attached sketch. 3. The proponent must release and indemnify and hold harmless The City of Saint John, its servants, agents, and contractors from and against any and all actions or claims arising from the installation of the underground servicing and driveway, and further the proponent shall name The City of Saint John as co-insured with regards to the installation and operation of the underground servicing and driveway; and 4. The Mayor and City Clerk be authorized to sign any document required to facilitate the granting of the easement. 5.14 That as recommended by the City Manager in the submitted report M&C 2022- 064: Federal Transit COVID Funding, the Mayor be authorized to sign the letter to the Premier of New Brunswick as attached to this report. 5.15 That as recommended by the City Manager in the submitted report M&C 2022- 61 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 066: Letter to Government of New Brunswick on shelters and homelessness in Saint John Common Council approve the content of the letter attached to M&C 2022-066 and authorize the Mayor to execute the letter and submit it to the Government of New Brunswick. 5.16 That as recommended by the City Manager in the submitted report M&C 2022- 070: Development of the Civic Commemoration Committee, Common Council approve the following: 1. Adopt the Terms of Reference for the Civic Commemoration Committee as outlined in this report. 2. Direct the City Clerk's Office to put forth a call for nominations for the Civic Commemoration Committee. 3. Direct Common Council's Nominating Committee to meet and appoint two Member of Council to sit on the Civic Commemoration Committee and five members of the public. 4. Direct the Civic Commemoration Committee to bring forth recommendations to Common Council no later than August 2022 for the naming of the new public space in and around Funday Quay. 5.17 Refer to item 14.1 Moved by Deputy Mayor MacKenzie, seconded by Councillor Ogden: RESOLVED that the recommendation set out in each consent agenda item respectively with the exception of item 5.17 that has been identified for debate to item 14.1, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamation 7.1 Support for Ukraine The Mayor read the City of Saint John's proclamation in support for Ukraine. "The City of Saint John condemns the invasion, encourages all citizens to stand in solidarity with Ukrainians, supports the Ukrainian population in Saint John and welcomes newcomers who may arrive in this community as a result of the invasion." 8. Delegations/Presentations 9. Public Hearings- 6:30pm 9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report recommending Rezoning and Staff Presentation - 2626 Loch Lomond Road (1st and 2nd reading) 5 C.1 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 Commissioner Hamilton advised the application is for a rezoning and subdivision of a property located at 2626 Loch Lomond Road. The purpose of the rezoning is to permit a recreational lot to be created. The recommendation from the Planning Advisory Committee and staff is to permit the rezoning and subdivision. Planner A. Reid gave a presentation on the file. 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 Rick Turner Hughes Surveys presenting on behalf of the property owner. Moved by Councillor Lowe, seconded by Councillor Radwan: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John", rezoning parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PID Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR) 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 Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John", rezoning parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PID Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR). 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". 9.2 Proposed Zoning By -Law Amendment with Planning Advisory Committee report recommending Rezoning and Staff Presentation - 1781 Bayside Drive (1st and 2nd readin Commissioner Hamilton advised the application is for a rezoning and s. 59 amendments for an existing pit operation at 1781 Bayside Drive. The proposed rezoning would allow for the consolidation of a portion of the site with an adjacent parcel. The application is also seeking an amendment to s. 59 conditions that were previously imposed on the site to allow the expansion of the quarry operations existence with the Pits and Quarries zone. The recommendation by the Planning Advisory Committee and staff is to approve the application. A supplemental report is included to address concerns raised at the PAC. r� COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 Senior Planner M. Reade gave a presentation on the file and addressed the s. 59 conditions. The Mayor called for members of the public to speak against the proposed amendment with David Dobbelsteyn a homeowner residing at 1406 Old Black River Road presenting. Mr. Dobbelsteyn stated that there were gaps at the PAC meeting; the hydrology report was not available to the public before tonight's Council meeting. Mr. Dobbelsteyn stated his concern: "If there is no condition in place against not digging into sedimentary rock in the proposed area homeowners' wells could be impacted." The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner Hughes Surveys and Dr. Matt Alexander presenting on behalf of the property owner Thomas Developments Ltd. Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU) 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 Councillor Stewart, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU) 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". 10. Consideration of By -Laws 10.1 Spring Weight Restriction Permits (Weight Restrictions By -Law 1st and 2nd reading) Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the bylaw entitled "By-law Number L.G.-17 A By-law Respecting Weight Restrictions within The City of Saint John," repealing and replacing the bylaw entitled "A By -Law Respecting Weight Restrictions Within The City of Saint John", By-law Number MV-17, and all amendments thereto" to include a streamline permit process, be read a first time. MOTION CARRIED with Councillor Radwan voting nay. Read a first time by title, the bylaw entitled, "By-law Number L.G.-17 A By -Law Respecting Weight Restrictions within the City of Saint John." E:3 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 Moved by Councillor Killen, seconded by Councillor Sullivan: RESOLVED that the bylaw entitled "By-law Number L.G.-17 A By-law Respecting Weight Restrictions within The City of Saint John," repealing and replacing the bylaw entitled "A By -Law Respecting Weight Restrictions Within The City of Saint John", By-law Number MV-17, and all amendments thereto" to include a streamline permit process, be read a second time. MOTION CARRIED with Councillor Radwan voting nay Read a second time by title, the bylaw entitled, "By-law Number L.G.-17 A By -Law Respecting Weight Restrictions within the City of Saint John." 10.2 Zoning By -Law Amendment and Section 59 conditions - 1429 Loch Lomond Road (Staff Presentation and 31d Reading) Commissioner Hamilton advised Council the proposed bylaw received 1 st and 2nd reading on February 7t". 2022. In response to concerns raised at the meeting staff prepared this supplemental report to provide additional background information regarding conformance with the Municipal Plan, considerations regarding the phasing and construction timelines of the proposed development, and traffic impacts of the proposal. The proposed development will strengthen the role of the area as a complete community through providing additional housing forms in proximity to key services and supported by the surrounding neighbourhood context. Referring to the submitted report M&C 2022-063: Supplemental Report — 1429 Loch Lomond Road Council Report — March 2, 2022, Senior Planner M. Reade addressed Section 59 conditions recommended related to a cost contribution to an improved crosswalk installation that will provide benefit for both existing residents and residents in the proposed development and timing of the berm construction along the eastern edge of the site. Director T. O'Reilly addressed pedestrian and traffic impacts more fully described in the submitted report. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022-063: Supplemental Report — 1429 Loch Lomond Road Council Report — March 2, 2022, Common Council adopt the staff recommendation as follows: Common Council assent to one or more subdivision plans, in one or more phases in general accordance with the site design and Tentative Plan of Subdivision for the proposed development with respect to the vesting of any Local Government Services Easements to be determined during detailed design. 2. Common Council accept money -in -lieu of Land for Public Purposes for the proposed subdivision. 3. Common Council amend the list of Official Street Names and approve the following change: - Add the name "voie Blue Jay Way." COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 MOTION CARRIED with Councillors Radwan, Lowe, Stewart and Ogden voting any Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the bylaw entitled, "By -Law Number C.P. 111-131 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 rezoning a parcel of land having an area of approximately 0.97 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Mid -Rise Residential (RM); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.95 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read. MOTION CARRIED with Councillors Radwan, Lowe, Stewart and Ogden voting nay. The bylaw entitled "By -Law Number C.P. 111-131 A Law to amend the Zoning By -Law of the City of Saint John" was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1.91 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID Number 00312900: (a) That the development be limited to a maximum of 82 dwelling units. Within the portion of the site zoned Low -Rise Residential (RL), development is limited to four buildings having a maximum height of two stories and a maximum of four units per building, and one building having a maximum of six dwelling units and a height of two stories. Within the portion of the site zoned Mid -Rise Residential (RM), development is limited to two buildings having a maximum height of three stories and a maximum of thirty units per building. (b) That a landscaping plan be prepared for the site, for the approval of the Development Officer, demonstrating the following elements: • Landscaping along the Loch Lomond Road frontage of the site which Includes the planting of a minimum of one tree or shrub for every 45 square metres of required front yard, provided at least 50 percent of the required plants are trees. Landscaping along the eastern boundary of the site, adjacent to the existing dwellings along Lakefield Court incorporating the retention of existing landscaping and a treed berm incorporating two separate rows of coniferous trees (minimum tree height of 1.5 metres at time of planting) where each row of trees is offset from the other row in a manner that obscures visibility through the two rows of trees. This treed berm must be constructed in its entirety prior to the commencement of the construction of the first building on the development site. iK COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 (c) That the final design of the site incorporates the following pedestrian connections to be maintained by the developer: • A sidewalk along the private access. • A pedestrian connection between the private access sidewalk and the current terminus of Norman Drive. (d) That the final design of the private access for the site incorporate a minimum width of 7.2 metres as recommended by the Traffic Impact Study prepared for the development. (e) That signage and pavement markings be installed and maintained to prevent vehicles from parking on or blocking any required turnaround area for firefighting access on the proposed private access. (f) That the exterior design and materials of the proposed building facades facing Loch Lomond Road be subject to the approval of the Development Officer in order to ensure compatibility with the adjacent neighbourhood context, and that the approved elevation plan(s) also be attached to the required building permit for the development. The exterior design of these building facades must incorporate the following elements: window trim, door trim, corner boards, a differentiation in siding materials, and a minimum of 15 percent of the fagade area covered by windows with clear glass. The exterior elevations of buildings within the development are to have a cohesive design incorporating elements including but not limited to similar colours, siding materials and door and window proportions and trim. (g) 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, outdoor storage, driveway accesses, vehicle, and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (h) The above elevation, landscaping, and site plans be attached to the permit application for the development of the parcel of land. (i) That any proposed changes to the development that would result in an increased sanitary sewage flow be reviewed by Saint John Water to determine that the sanitary sewer has adequate capacity to accommodate any proposed change. Q) The developer shall provide interconnectivity for the water distribution system (from Norman Drive to the proposed development site) prior to the final phase of this proposal and shall provide the required Local Government Services Easement. The width of the easement is subject to the review and acceptance by Saint John Water. The cost and responsibility for the interconnectivity of the water system shall be of the developer and shall be acceptable to the City. 10 11 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 (k) The developer shall provide the required Local Government Services Easements for the water main and sanitary sewer mains within the proposed development to provide for City ownership of this buried infrastructure. This requirement also extends to the water main connection to Norman Drive. The acceptance of these easements will be subject to review by Saint John Water. Acceptance of the watermain and associated easement by the City will not occur until the entirety of the watermain and associated interconnection between Loch Lomond Road and Norman Drive is constructed. (1) If the developer does not provide watermain interconnectivity to Norman Drive and/or does not provide all required municipal services easements, the developer shall be responsible to provide premise isolation at Loch Lomond Road (at the developer's cost and responsibility) and all infrastructure piping on site shall remain private. (m) If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. (n) That the developer provides a Wetland and Watercourse Alteration Permit, should one be required by the Province, or written confirmation that one is not required, to the Development Officer at the time of Building Permit application for portions of the project that are within 30 metres of a watercourse or wetland. (o) That the developer provides a payment of $1000 to the City towards the installation of upgrades at the Bon Accord Drive/Loch Lomond Road crosswalk. This amount is payable to the City, should the development be approved, prior to the issuance of the building permit for the first building in the development; and (p) "That the entire development be completed within 6 years of the issuance of the first building permit". MOTION CARRIED with Councillor Harris voting nay. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED that the bylaw entitled, "By -Law Number C.P. 111-131 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 rezoning a parcel of land having an area of approximately 0.97 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Mid -Rise Residential (RM); and amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 0.95 hectares, located at 1429 Loch Lomond Road, also identified as a portion of PID 00312900, from Two -Unit Residential (R2) to Low -Rise Residential (RL), be read a third time, enacted, and the Corporate Common Seal affixed thereto. 11 12 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 MOTION CARRIED with Councillors Radwan, Lowe, Stewart and Ogden voting nay. Read a third time by title, the bylaw entitled "By -Law Number C.P. 111-131 A Law to amend the Zoning By -Law of the City of Saint John." 11. Submissions by Council Members 11.1 Ukraine Refugee Support (Councillor Harris) Moved by Councillor Harris, seconded by Councillor Radwan: RESOLVED that Common Council request the City Manager utilize the assets and resources we have at the City level to support community -based organizations and other levels of government at his discretion to support the refugee crises unfolding in Ukraine. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 MoveSJ Cycling Strategy Referring to the submitted report M&C 2022-45: MoveSJ Cycling Strategy Director T. O'Reilly provided a presentation. Moved by Councillor Hickey, seconded by Councillor Harris: RESOLVED that the submitted report M&C 2022-45: MoveSJ Cycyling Strategy, be received for information. Having declared a conflict -of -interest Councillor Harris withdrew from the meeting for the discussion of item 12.2. 12.2 Community Grants Program 2022 Manager Community Planning J. Kirchner presented the recommended allocations for the 2022 Community Grants Program. The grants fall into 3 categories: Organizational Support, Community Projects, and Special Events. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that as recommended by the City Manager in the submitted report M&C 2022- 061: Community Grants Program 2022, Common Council approve the recommendation of the Community Grants Committee for the granting of funding to the successful applicants for the 2022 Community Grants Program. MOTION CARRIED. Councillor Harris re-entered the meeting. 13. Committee Reports 12 13 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 14. Consideration of Issues Separate from Consent Agenda 14.1 2022 Field. Arena Floor and Tennis Rates (Recommendation in Reaort Director P. Ouellette presented an overview of the topic. In 2019 Common Council approved the Recreation Subsidization Policies. An incremental approach for implementing the policies was approved in 2020. The challenges facing the community due to COVID-19 in 2021 reduced the rate increase. The recommendation is for the City to approve the proposed 2022 rates. Responding to questions, the City Manager advised that there is a COVID-19 reserve if maintaining the status quo in 2022 causes a budget deficit. Councillor Harris moved and Councillor Stewart seconded a motion to maintain the status quo for rates in 2022, a referral motion took precedence. Moved by Deputy Mayor MacKenzie, seconded by Councillor Norton: RESOLVED that the matter be referred to the City Manager to reconsider the youth rates on ballfields. MOTION TIED with 5 Members voting yea; Deputy Mayor MacKenzie, Councillors Sullivan, Hickey, Lowe and Norton, and 5 Members voting nay; Councillors Harris, Radwan, Killen, Ogden, and Stewart. The Mayor broke the tie voting in favour of the referral motion. MOTION CARRIED. 15. General Correspondence 15.1 Trigeminal Neuralgia Day - 2022 Light Up Teal Illumination initiative (Recommendation: Refer to City Manager) Moved by Deputy Mayor MacKenzie, seconded by Councillor Lowe: RESOLVED that the correspondence Trigeminal Neuralgia Day - 2022 Light Up Teal Illumination initiative be referred to the City Manager. MOTION CARRIED. 15.2 A. Bezeau Correspondence: Rink Proposals (Recommendation: No Action due to ongoing RFP process) Moved by Councillor Sullivan, seconded by Councillor Radwan: RESOLVED that the correspondence from A. Bezeau re: Rink Proposals be received for information and no action be taken due to the ongoing RFP process. MOTION CARRIED. Moved by Deputy Mayor MacKenzie, seconded by Councillor Stewart: RESOLVED that in accordance with s. 4.3 of the Procedural Bylaw the meeting be extended beyond 10:00 p.m. 13 14 COMMON COUNCIL / CONSEIL COMMUNAL March 7, 2022 / le 7 mars 2022 MOTION CARRIED with Councillors Sullivan and Harris voting nay. 15.3 Coverdale Transitional Housinq Funding Shortfall Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie : RESOLVED that the correspondence regarding Coverdale Transitional Housing be referred to the City Manager to engage with provincial authorities to address the funding shortfall. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor Lowe: RESOLVED that the meeting of Common Council held on March 7, 2022, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:04 p.m. 14 15 COUNCIL REPORT M&C No. 2022-081 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Utilities and Infrastructure Services Her Worship Mayor Donna Noade Reardon and Members of Council SUBJECT. Engineering Services: Rockwood Park Redevelopment Project Phase 111 AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Cameron Whitcomb J. Brent McGovern / Michael Baker John Collin RECOMMENDATION It is recommended that the proposal from GEMTEC Consulting Engineers and Scientists Limited, for engineering design and construction management services for the Rockwood Park Redevelopment Project Phase III in the amount of $271,571.35 including HST be accepted and that the Mayor and City Clerk be authorized to execute the appropriate documentation in that regard. EXECUTIVE SUMMARY The work at Rockwood Park includes partial implementation of phase III of the Master plan. The work includes upgrading/renewal of the existing roadway, culverts, retaining walls, lighting, decking, and trail improvements along Fisher Lakes Drive and around the Duck Pond. The work also includes protection measures for pedestrians at the rock -climbing Stonehammer Geosite. The purpose of this report is to recommend that Council award the contract for Engineering Services for the design and construction management services for the Rockwood Park Redevelopment Project Phase III to GEMTEC Consulting Engineers and Scientists Limited. PREVIOUS RESOLUTIONS November 15, 2021: M&C 2021-303 — 2022 General Fund and Utility Fund Capital Budgets, approved. -2- November 29, 2021: M&C 2021-334 — Revised 2019-2023 Canada Community - Building Fund (Formallythe Gas Tax Fund) Capital Investment Plan & General Fund Capital Program — Revision I, approved. REPORT BACKGROUND The approved 2022 General Fund Capital Program includes funding for design and construction management for the partial implementation of phase III of the Rockwood Park Master Plan. The design of the work will commence immediately following award of the Engineering Services and execution of the subsequent Agreement. A Request for Proposal (RFP) was advertised to engage an Engineering or Landscape Architect Firm to carry out the following services for the project and included the following components: • PartA —Site Surveys, Preliminary Investigation and Data Collection • Part B — Preliminary Design, Cost Estimates and Design Report • Part C—Conduct Public Consultation Process • Part D — Detailed Design • Part E — Tender Period Services, Materials Testing & Inspection, Red Books and Record Drawings • Part F — Construction Management PURPOSE The purpose of this report is to make a recommendation for consulting engineering and landscape architect services for this project. FALIF\W101•1 With a comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. The Request for Proposal (RFP) closed on March 3, 2022, with responses received from the following engineering company: • GEMTEC Consulting Engineers and Scientists Limited, Saint John, NB A Review Committee consisting of staff from Supply Chain Management, Utilities and Infrastructure Services, and Parks and Recreation Services was formed to evaluate the submission. Each member completed an independent review of the submission, and a meeting was held to discuss the details of the submission and if there were any scope items 17 -3- missing from the proposal. The Review Committee concluded on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Supply Chain Management, Utilities and Infrastructure, and Parks and Recreation to ensure a thorough review of the submission. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering or landscape architect firm. The Committee was tasked with the role of reviewing the submission against the proposal evaluation criteria as defined in the proposal call document. The criteria consisted of the following: 1. Quality and Completeness — Does the proposal address all the needs raised? Is the proposal presented in an organized and professional manner? 2. Consultant's Experience — Has the consultant demonstrated a level of expertise with the requirements of this project? 3. Experience of Employees / Sub -consultants — Has the consultant demonstrated a level of expertise for the employees of the company and sub consultants listed? 4. Methodology— Does the approach to the project outlined in the proposal address, in a realistic sense, attainable goals and is it in keeping with the City's expectations for the project? 5. Value Added — Has the consultant included any additional information, technology, process, or options in their proposal? 6. Cost — Cost will be a factor, however not the only factor to be considered. Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee discussed the findings of each member. Since there was only one proposal submission, the technical and financial proposals were reviewed and evaluated together. After due consideration, the Review Committee selected the submission from GEMTEC Consulting Engineers and Scientists Limited as it met all the requirements of the proposal call, in a manner acceptable to the committee and with a cost- effective bid for the project. iF:3 -4- POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS The costs incurred by the consultant will be paid in accordance with the terms of the Request for Proposal at the rates submitted and accepted in the consultant's proposal not to exceed the Recommended Hourly Rates as contained in The Association of Consulting Engineering Companies — New Brunswick and The Atlantic Provinces Association of Landscape Architects fee guidelines. The Construction Management component of this project fee is based on an estimated 20-week overall construction period. The final fee will be calculated based on the actual construction management period. STRATEGIC ALIGNMENT This report aligns with Council's Priorities for GROW, GREEN, BELONG and MOVE as the project involves reconstructing a section of Rockwood Park that is currently in poor condition with other Share funding. The project will also improve access to the park, accentuate the parks features, and promote a safe and secure environment for pedestrians and cyclists. SERVICEAND FINANCIAL OUTCOMES The proposed cost of work from GEMTEC Consulting Engineers and Scientists Limited to provide engineering design and construction management services for the Rockwood Park Redevelopment Project Phase III is $271,571.35 including HST. An amount of $1,500,000 of Canada Community Building Fund (CCBF) funding is included in the 2022 General Fund Capital Program for engineering design and construction management services, and construction for this project. The total funding allocation for the Rockwood Park work is $1,840,000 however $340,000 is being allocated to upgrading portions of the Kiwanis Play Park within Rockwood Park as part of a separate project. Engineering fees to cover the costs of design and construction management generally do not exceed 15-20% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 18.1% of the total estimated project cost, which is in line with the expected value of these services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management facilitated the RFP process to solicit proposals from Engineering Consultants for the Rockwood Park Redevelopment Project Phase III. The committee was tasked with the role of reviewing the submission against the proposal evaluation criteria as defined in the proposal call document. 11111061 -5- In accordance with the City's policies and procedures, separate assessments by the Review Committee members of the submission were undertaken. The above process is in accordance with the City's Procurement Policy and Supply Chain Management support the recommendation being put forth. ATTACHMENTS N/A K91 COMMON COUNCIL REPORT M&C No. 2022-079 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Provincially Designated Highways — Proposed Five -Year Capital Improvement Program AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Michael Hugenholtz I John Collin RECOMMENDATION Staff recommends that Council authorize the Mayor to submit the proposed Provincially Designated Highways Five -Year Capital Improvements Program for the years 2022-2026 to the Minister of Transportation and Infrastructure. EXECUTIVE SUMMARY Through its Municipal Designated Highway Program (MDHP) the Province's Department of Transportation & Infrastructure (DTI) will partner with municipalities in New Brunswick to share eligible costs of maintaining and upgrading provincially designated highways located within municipal boundaries. In the past several years there has been limited new investment into the City's provincially or regionally designated highways (PDH/RDH) but now a number of these street sections are coming due for investment. With Council's endorsement staff will prepare a submission listing the proposed investments and cost sharing for the Province's consideration. In addition to normal resurfacing of these roads, there are two roundabouts proposed for funding as identified in the recently presented Roundabout Strategy of Move SJ. PREVIOUS RESOLUTION N/A REPORT There was a letter dated May 5, 2021 from the Minister of Transportation's office addressed to the Mayor calling for proposals under the MDHP seeking a five-year plan. The deadline for submissions was June 30, 2021. This letter was never received by the appropriate staff for follow-up. Staff only became aware of this 21 -2- request in the last two weeks when engaging with DTI staff on an unrelated matter. Although the deadline has passed, it is still important for the City to submit their request and advocate for a fair amount of the available funding. The MDHP provides funding annually to support investments into municipally designated highways located within the boundaries of the 99 municipalities in New Brunswick. While the funding amount can vary year by year, it is staff's understanding that there is $15 million approved for 2022. The proposed plan attached to this report includes asphalt resurfacing on a total of 19 street sections representing a total estimated construction value of over $3 million. A request for funding has also been included for two roundabouts: at Rothesay Road/Ashburn Road and Sandy Point Road/Foster Thurston Drive. These locations were identified as good candidates for a roundabout in the recently presented strategy of Move SJ. It should be recognized that the MDHP typically receives more requests than available funding. This means that not all of these road investments may receive funding, and a flexible approach to our planned roadway programs may be necessary. This might mean the deferral of some of these investments until provincial funding is available. There also may be some street sections where deferral could result in an increase in project costs; staff propose that in these cases the work proceed even without provincial cost -sharing to ensure the best outcome for both drivers and the taxpayer. Council will note that the proposed cost sharing percentage varies depending on if the subject street is a provincially designated highway or a regionally designated highway. While the MDHP provides funding for much -needed investments into City streets, both the funding levels and Provincial cost -sharing percentage can vary from year to year. Staff continue to advocate for a more stable, predictable approach to funding PDH/RDH within municipal boundaries. Such an approach would allocate annual funding towards predictable lifecycle costs based on the length of these roadways within municipal limits: i.e. would be independent of the timing of actual resurfacing work. Funding requests for more extensive reconstruction projects could continue to be submitted on a year -by -year basis. STRATEGIC ALIGNMENT Perform: This funding will help ensure timely road maintenance that will better serve the population of the City of Saint John. SERVICEAND FINANCIAL OUTCOMES WA -3- Timely resurfacing of streets can help avoid much more costly reconstruction. Any funding received through the MDHP can help offset City investment, freeing up this money to support other Council priorities in our community such as sidewalk infill projects, new cycling infrastructure or traffic enhancement initiatives (traffic calming, crosswalk installation etc...). If the City receives notification of funding after the annual budgeting process is complete staff will return to Council with a recommendation for any adjustments to the capital program. The asphalt resurfacing program for 2022 is budgeted for $6,269,115, funded both through the General Operating Budget and the General Capital Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS 2022-2026 Proposed PDH/RDH Five Year Capital Improvement Program Draft Letter to Minister Green W cD z 0 z LL p O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LV N O m N 0 0 0 0 0 0, 0 0 0 0 0 0� 0 O O O O io Ln r1 O O O O w O Ln O r-I 0 l0 , I, In O r, .--I In rl w Il m O w IT m O w l0 m m m KT I, KT v a O lri lri ri o Ln r' O m I� m v �° cri v 06 rl 0 r" io io m o Lr v r1 N 00 r-I KTm r-I KT KT0 N N 00 c-I N 00 O m ri N v N Il r-I m N N N In rl Ol w rl r-I 00 r-I 00 KT LU a x N W U Z_ > o O 0 \ 0 O 0 O 0 \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 \ 0 O 0 O 0 O 0 O 0 \ 0 O 0 O 0 \ 0 O 0 O d O c-I O Ln O ci O ci O Ln O Ln O Ln O Ln O Ln O Ln O Ln O ci O ci O ci O ci O Ln O ci O ci O Ln O ci O ci O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w o w N O O O O O rj o6 O o6 4 0 0 o6 0 0 rj t�6 O a O O O N In .--I O O O O w r-I O c-1 N N� m cn c-I O KT c-I In c-I l0 r m O 00 w ' O 00 w Ol m n KT n KT KT c C In r-I ci O O N O I� 0) 0) (h m 00 In O Lr � N c-1 N I, m KT .--I m ` Cr) ` O ` N m O ` I, c-I O 0 m ` KT N n c-I m N (0 N O -i I, a) M 0 N N W -i W KT LU 0 W LU Z O ~ W 0 a 0 a W >w > a > 0 N W w W w W U W W W W W ~ w Lu 0 w W W H O 00 w cn L= H N H N Q a w w z O z O H N H c~i) N m U W N W H Y LU w O 0 w H N a a } w 2 CO N z_ U Ln Q cn J w (n C7 D cn aQ 0 Y Q Z 0 Z 0 Z W - Q J c H Z Z Q 0 w LL OLL m > � Y cai� ca i) W 00 2 c cn W Y Q 2 = U W 0 Q 2 Z C7 ~ 0 w Z Q Z = 0 Z a w w (� w W W 0 a CO W H (n H W W � w m W Z W W 0 0 a 0 \ 0 O \ w W W CC H W w LL w J J Q W ~ w cn Y O N W w N 0 W > W w w Y Q 0 w 0 w w cn z H H> J 0 LU w U w= W H O>} H H w w 0_ Z w a m H a W z 2 = 0 W cn w Z N~ a H N> 0 J N z m Z Y 00 w 2 } 0 m U cn - H w w } a H < a= w m w 0= N Q Q U= z z Q Q O Z 2 ON 2> ON ,Lu z z cn OLL J w J LL a w m J cn w 2 m cn = U C7 0 0 0 > > 0 a O 0 H H H 0 0 O w w w 0 a a 0 w 0 0 W W W W U> m>>> w> w J DO N OD Z Q 0 00 0 00 H cn H cn H cn Q o_ a O a w w 0 w 0 w 0 Z p O m w Q Q W 0_ N a 0 a 0 Z _ Z _ Z = W J m } } } N 0_ } J N O O LU 0 } 0 w = Z Z O O O W cw G W Z J W J W J W Z O } Z J Ln W } } N N N N Y 00 can can U U U 0 can U Iai U U Lu 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 } p p p p p p p p p p p p p p p p p p p p p a oc a a oc oc oc oc oc oc oc a a a a oc a a oc a a CC N N N N m N m N m N m N m N m N m N m N m N KT N KT N KT N KT N In N In N w N w N w N w N W >- O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N N Minister ofTransportation and Infrastructure POBox 5000 Fredericton NB E385H1 Attention: Hon. Jill Green, P.Eng., FCAE, lCD.D Dear Minister Green: We have received your letter dated May S' 20I1' with a request for funding proposals under DT|'s Municipal Designated Highway Program. Unfortunately, this request never made ittostaff, nor were our staff made aware ofthis request until acouple weeks ago. VVeacknowledge that the official deadline for this has passed but ask that consideration be given to the City of Saint John's proposed list of investments. The City of Saint John invested heavily into its municipally designated highways a number of years ago when there was less funding opportunities available from the Province. VVeare now inasituation where many of these streets require asphalt resurfacing again. On an annual basis we measure the Pavement Condition /ndex(PC|) on all our streets and use that as a guide for our roadway investments. Based on the measured PO and our pavement management system we have developed a list of streets for resurfacing asoutline in the attached table. We have proposed afunding split of10O96 DTI for PDH investments, and 50% funding split for RDH investments. Also included are two roundabouts on associated streets which have been identified as concern inour recently completed Transportation Master Plan. As you probably know we have a dedicated team of engineering and technologist professionals who will be designing and tendering this work to assure quality work. This work will be paired upwith other roadway investments in each year ofthe program to obtain the best pricing possible. The work in this program will go a long way to ensuring quality streets in our community that benefit the entire region. VVeappreciate your consideration ofour submission. |fyou require any additional information, please do not hesitate to reach out to me directly. Sincerely, Donnalloade'Reondon Mayor SAINT JOHN P.IBox l�Saint John, NB Canada E2L 41-1 www.saintjohn.ca CAl971 Saint John, N�Canada ��41-1 Att.: "Table 1: Five Year PDH/RDH Capital Improvement Plan 2022-26" cc: Michael Hugenholtz, Commissioner Public Works & Transportation David Thompson, P.Eng.,.DTI District Engineer Raymond Brun, P.Eng., Municipal Engineer, DTI Design Branch Hon. Glen Savoie, MLA, Saint John East Hon. Trevor Holder, MLA, Portland -Simonds Hon. Arlene Dunn, MLA, Saint John Harbour Hon. Dorothy Shephard, MLA, Saint John Lancaster Hon. Andrea Anderson -Mason, MLA, Fundy -The Isles -Saint John West 41.1 COUNCIL REPORT M&C No. 2022 - 078 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Renewal of Bell Ethernet Service Schedule OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Hugh Kwak Stephanie Rackley-Roach Kevin Fudge John Collin RECOMMENDATION It is recommended: That the City enters into the renewal of Bell Ethernet Services Schedule in the form as attached to M&C No. 2022-078 with Bell Canada for the delivery of ethernet network services and that Mayor and Clerk be authorized to execute the Bell Ethernet Services Schedule. EXECUTIVE SUMMARY The purpose of this report is to renew the Ethernet Service Schedule with Bell Canada for the provision of data communication services that are necessary for City operations, including our agencies, boards, and commissions (ABCs). Under the City's procurement policy, the City can leverage Province of New Brunswick supply agreements to obtain better costing. PREVIOUS RESOLUTIONS October 17, 2018: 5.2: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-284: Amendment 4 to Bell Ethernet Service Schedule, the Mayor and Common Clerk be authorized to execute the Amendment 4 to Bell Ethernet Services Schedule agreement with Bell Aliant to facilitate a colocation solution for data centre services. WA May 22, 2018: 5.12: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-154: Data Centre - Infrastructure & Hosting Services Schedule (Colocation), the Mayor and Common Clerk be authorized to execute the Amendment 2 to Business Internet Services Schedule to renew internet services and the Data Centre — Infrastructure & Hosting Services Schedule (Colocation) agreement with Bell Aliant to implement a colocation solution for data center services. April 18, 2017: 5.6: RESOLVED that as recommended by the City Manager in the submitted report M&C 2017-093: Network Communications Services for the City of Saint John, the City enters into Amendment 3 to Bell Ethernet Services Schedule agreement (submitted) with Bell Aliant Regional Communications, Limited Partnership (Bell Aliant) for the delivery of Ethernet network services; and, that the Mayor and Common Clerk be authorized to execute the necessary documents. September 16, 2013: 5.1: RESOLVED that as recommended by the City Manager in the submitted report Voice and Data Communication Services for the City of Saint John: The City enter into agreements with Bell Aliant Regional Communications, Limited Partnership for the delivery of: a. Unified Communications & Centrex Multi -provincial Blended Rates Services Schedule the form as attached to the submitted letter to Council. b. Bell Aliant Ethernet Services Schedule the form as attached to the submitted letter to Council. c. Loyalty Discount Program Schedule the form as attached to the submitted letter to Council, and That the Mayor and Clerk be authorized to execute the said agreement. REPORT Over the last 10 years, Bell Canada has provided stable and reliable ethernet connections to interconnect information technology infrastructure and buildings distributed throughout the city. The Bell Ethernet Services Schedule (attached) is under the Bell Master Agreement, number CN-0807-8441, and extends Bell ethernet service for the next 60 months (i.e., 5 years). The City and its ABCs have operations that are distributed across more than 20 locations (including fire stations, the Police Headquarters, and public works, water and wastewater, and recreation facilities) that all need high -capacity, reliable connectivity to the central data center. An efficient, modern municipality needs to connect and monitor its information technology assets, infrastructure, and systems. Geographical and network changes of location also occur as requirements for technology evolve. With this agreement, site migration and changes are affordable and do not require a large capital investment. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is looking for strategic approaches to ensure performance and support growth. By renewing this agreement, the Information Technology service area can provide a reliable network to support the operations of the City and its ABCs. The network extends across the city to increase efficiency in the performance of work. The agreement will also provide flexibility to enable future changes to the City's network system to meet evolving service delivery objectives required as the City grows. laj SERVICEAND FINANCIAL OUTCOMES The City currently spends $12,715 plus HST per month under its current agreement on these connections that enable landlines, access to financial systems, system monitoring data to be stored centrally, and surveillance cameras. In addition to day-to-day operations, this network supports public safety services. In leveraging the Province of New Brunswick's current supply agreement with Bell Canada for ethernet services, the City will continue to benefit from lower costs than having a separate contract. The cost of the current network will remain steady over the next five years. Changes to the network will result in cost increases in alignment with the Schedule (attached). The agreement provides flexibility to enable future changes to the City's network system to meet evolving service delivery objectives. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management has reviewed this report and supports the recommendation put forth. The General Counsel Office has reviewed the Bell Ethernet Services Schedule and the report. ATTACHMENTS Bell Ethernet Services Schedule We%7 DocuSign Envelope ID: AA935759-EDCD-41A9-B777-6973BAE14E33 Master Agreement Number: 41EWIAIiant Services Schedule Number: CN-2203-72045 BELL ETHERNET SERVICES SCHEDULE Customer Name: City Of Saint John (the "Customer') The services described in this Bell Ethernet Services Schedule (the "Services Schedule") are provided in accordance with and governed by either i) a Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ("Bell Aliant"), subsequently assigned by Bell Aliant to Bell Canada (the "MSA"); or ii) a Master Communications Agreement between the Customer and Bell Canada ("Bell") (the "MCA"), whichever is applicable. The MSA and MCA, whichever is applicable, shall herein be referred to as the "Master Agreement". Bell and the Customer agree that this Services Schedule is attached to and forms part of the Master Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Agreement and the Services Schedule. 1. TERM a. Initial Service Term: The Initial Service Term is for a period of 60 months, effective March 29, 2022. b. Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with 30 days prior written notice of non -renewal, there shall be consecutive Service Terms each equal in length to the Initial Service Term. c. Use of Service beyond Service Term: If the Customer for any reason continues to use the Services after the expiry or termination of this Services Schedule, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer uses the Services, except that Bell may, upon notice to the Customer, change the fees to be charged for the Services. 2. SERVICE a. Definitions: i. "Digital Subscriber Line ("DSL" )" means a high speed asymetric data access using copper cable. ii. "Ethernet over Microwave ("EoMicrowave") uses microwave link(s) to backhaul communication traffic. iii. "Incident" means a service interruption which is determined to be related to the Bell Service. iv. "Maintenance Windows" means the times when Bell may interrupt service to perform routine maintenance and upgrades to the Service. v. "P-Bit Markings" also known as Priority Code Point, means a set of three bits within an Ethernet frame that represent the frame priority level. Values range from 0 (best effort) to 7 (highest). This is based on the IEEE 802.1 p standard. These values can be used to prioritize different classes of traffic (voice, video, data, etc). vi. "Premium Bandwidth" means QoS setting of the bandwidth. This dictates the priority the traffic will have as it traverses the Ethernet network. Premium traffic has the highest QoS setting will never be dropped in the network due to congestion. vii. "Quality of Service ("QoS")" means a set of performance criteria (latency, frame delivery ratio, jitter) traffic will adhere to as it traverses the network. viii. "Standard Bandwidth" means a QoS setting of the bandwidth. This dictates the priority the traffic will have as it traverses the Ethernet network. Standard traffic has a lower QoS setting than Premium and will be dropped first if the network becomes congested. ix. "Service Virtual Local Area Network ("SVLAN" )" means a virtual connection between 2 or more sites used to transport traffic. x. "Time Division Multiplex ("TDM")" means the standard TDM access is T1 which has symmetrical bandwidth speeds of 1.544Mbps over copper cable. b. Description of Service: Bell Ethernet service (the "Service") is an Ethernet Wide Area Network ("WAN") Service which allows Customers to transmit information between sites. The Service is available with the following access configurations and options: i. Fiber Access: Standard QoS access port bandwidth: 10, 20, 30, 50, 75, 100, 200, 300, 500, 750, 1000, 2000, 3000, 5000, 7500, and 10000 Mbps. ii. DSL Access: Standard QoS bandwidth: up to 7Mbps. iii. TDM(T1tBonded T1)AccessT1) Access: Standard QoS bandwidth: 1.5Mbps, 3.OMbps and 5.OMbps. Bell Ethernet Services Schedule Version 1.9 Page 1 of 5 May 21, 2021 091 DocuSign Envelope ID: AA935759-EDCD-41A9-B777-6973BAE14E33 Master Agreement Number: 41EWIAIiant Services Schedule Number: CN-2203-72045 iv. Customer Responsibilities: The Customer is responsible for all QoS priority settings. The Service does not change these settings and interprets only the 802.1p (p-bit) settings on a Customer ethernet frame. If Premium Bandwidth has been subscribed to, only frames marked with a p-bit of "5" will be transported on the Premium Bandwidth. All other P-Bit Markings will be assigned to the Standard Bandwidth. v. The Customer may transmit data at the line rate of their port connecting to the Service demarcation device and the Bell technology will rate limit the throughput using bandwidth shaping to the purchased bandwidth rate. The Customer may additionally use its own equipment to provide bandwidth shaping to avoid frame discards in the Bell network. c. Service Demarcation Point: The service demarcation point for the Service is at the Customer facing Ethernet port of the Bell managed Customer premise device. 3. FEES a. Fees Schedule: i. The Customer shall pay to Bell fees for the Services (the "Fees") on a monthly and/or one time basis, as set out in Tables 1, 2 and 3. ii. Fees listed in this Services Schedule are exclusive of Sales and Use Taxes, as defined in the MSA, or Taxes, as defined in the MCA, whichever is applicable. Table 1 Fiber Access Sites Loc ID Location Address Qty Access Speed (Mbps) Monthly Fees per Site Subtotal Site Fees Prem. BW (Mbps) Rate per Mbps Subtotal Premium Bandwidth Fees Total Monthly Fees One Time Fees 1954 Manawagonish Rd 1 100 $475 $475 $475 $0 711 Dever Rd 1 1 100 $475 1 $475 $475 $0 536 Main St 1 100 $475 $475 $475 $0 14 Kings Sq S 1 100 $475 $475 $475 $0 1500 Hickey Rd 1 100 $475 $475 $475 $0 688 Grandview Av 1 100 $475 $475 $475 $0 36 Courtenay Av 1 100 $475 $475 $475 $0 842 Loch Lomond Rd 1 100 $475 $475 $475 $0 41 Manchester Av 1 100 $475 $475 $475 $0 286 King St. W 1 100 $475 $475 $475 $0 171 Adelaide St 1 100 $475 $475 1 $40 $40 $515 $0 55 McDonald St 1 100 $475 $475 1 $40 $40 $515 $0 100 Boars Head Rd 1 100 $475 $475 1 $40 $40 $515 $0 441 Red Head Rd 1 100 $475 $475 $475 $0 35 Adelaide St 1 100 $475 $475 $475 $0 600 Millidge Av 1 100 $475 $475 $475 $0 525 McAllister Dr 1 100 $475 $475 1 $40 $40 $515 $0 45 Leinster St 1 100 $475 $475 1 $40 $40 $515 $0 45 Leinster St 1 100 $475 $475 $475 $0 10 Fisher Lakes Dr 1 100 $475 $475 $475 $0 175 Rothesay Av 1 1000 $595 $595 1 $40 $40 $635 $0 15 Market Sq 1 1000 $595 $595 $595 $0 1 PeelPz 1 1000 $595 $595 $595 $0 7 McIntosh St 1 1000 $595 $595 0 $0 $0 $595 $0 7 McIntosh St 1 1000 $595 $595 0 $0 $0 $595 $0 Total: $12,715 1 $0 Table 2 DSL Access and Bandwidth Bell Ethernet Services Schedule Version 1.9 Page 2 of 5 May 21, 2021 31 DocuSign Envelope ID: AA935759-EDCD-4lA9-B777-6973BAE14E33 4. Master Agreement Number: CN-0807-8441 Services Schedule Number: CN-2203-72045 Loc ID Location Address Qty Access Speed (Mbps) Monthly Fees per Site Total Monthly Fees One Time Fees 0 $0 $0 $0 0 $0 $0 $0 0 $0 $0 $0 Total:1 $0 I $0 Table 3 TDM (T1/Bonded T1) Access and Bandwidth Access Monthly Prem. Subtotal Total One Loc Location Address Oty Speed Fees per Subtotal BW Premium Monthly Time ID Site Fees Bandwidth (Mbps) Site (YIN) Fees Fees Fees 0 $0 $0 No $0 $0 $0 0 $0 1 $0 1 No 1 $0 1 $0 1 $0 0 $0 1 $0 1 No 1 $0 1 $0 1$0 Total: $0 I $0 b. Other Fees: i. Change orders requests to existing Services are invoiced at $50.00 per change with the exception of decreasing access speeds which is invoiced at $250.00 administration fee. ii. Additional Fees may apply to change orders requesting a change to the Service related, but not limited to, facility builds, changes to demarcation devices and upgrades to hardware ("Customer Requested Change"). If applicable, Bell shall provide notice in writing to the Customer of any Fees associated with a Customer Requested Change for acceptance. c. Minimum Commitment: There is no minimum commitment for this Service. SERVICE LEVELS a. Standard Service Level Obiectives ("SLOs"): If Bell fails to meet an SLO, the Customer shall not be entitled to any compensation. Also, failure to meet an SLO shall not be considered a default by Bell of its obligations under this Service Schedule. SLOB Site Availability Site Ty e _ Package 1 (Fibre, T1) Package 2 DSO _ �6-- Latency Frame Delivery Ratio Jitter Bell Ethernet Services Schedule Version 1.9 Performance Measures FibrelT1 <25 msec one-way Atlantic Cai <15 msec one-way within Provi Standard Bandwidth — 99.9% Premium Bandwidth — 99.95% Standard Bandwidth - <10 mse Premium Bandwidth - <5 msec Page 3 of 5 May 21, 2021 0 DocuSign Envelope ID: AA935759-EDCD-41A9-B777-6973BAE14E33 Master Agreement Number: 41EWIAIiant Services Schedule Number: CN-2203-72045 SLOs AM Service Provisioning and Support Metric Target 12-15 Business Days (with the exception of sites that have Standard Provisioning —existing subscribed to Multiple SVLANs: 25-30 days). Measured as of the time facilities (speeds less than 2Gbps) the order is submitted. If the order is submitted on a day other than a Business Day then measurement will start on the next Business Day. Standard Provisioning — new 25 — 30 Business Days. Measured as of the time the order is facilities (speeds less than 2Gbps) submitted. If the order is submitted on a day other than a Business Day then measurement will start on the next Business Day. Standard Provisionings — (speeds 60 Business Days. Measured as of the time the order is submitted. If greater than 1 Gbps} the order is submitted on a day other than a Business Day then measurement will start on the next Business Day. Sunday 00:00 — 06:00 AST/ADT Maintenance Windows Wednesday 00:00 — 06:00 AST/ADT Mean Time to Repair Priority Level Description Resolution Target _7 Critical Incident whereby the Service is not operational for 80% within 4 hours resolve - Customer. High Incident has occurred whereby the Service has been 80to o within 8 hour resolve —J j artially affected but still functional. A request that typically affects a single user. A Medium temporary work -around may be required to restore 3 Business days operations while the Incident is being resolved. _ Low The user has an alternative while the Service is being 5 Business days restored. b. Reportinq Portal: Reasonable commercial effort will be used in providing the Bell reporting portal. 5. OTHER TERMS AND CONDITIONS a. Pathway Customer's Equipment Room: Installation of the Services may require additional, unforeseen work to be completed before the Services can be installed. Any such construction, which may include, without limitation, providing access to the building, within the building, trenching or upgrades to existing conduits access (hereinafter referred to as "Pathway to Customer's Equipment Room"). Such work and costs for such work, along with any other service construction required, is the sole responsibility of the Customer. Failure of Customer to undertake such Pathway to Customer's Equipment Room, if required, may delay the installation of the Services at no fault to Bell. b. Provisioning of Service: Customer acknowledges any work activities to be performed by Bell in the provisioning of the Service which may include, without limitation, network design and material acquisitions shall only commence upon execution of this Services Schedule. c. Equipment Loss Charge: Bell reserves the right to retrieve equipment deployed for EoMicrowave. Should equipment be damaged or equipment cannot be retrieved, Customer shall pay to Bell an amount equal to all damages and losses related to any damaged or unreturned equipment. ("Equipment Loss Charge"). d. Cancellation Fees: In the event the Customer cancels a Service Order after acceptance by Bell and before the service commencement date due to no fault of the Bell, Customer shall pay to Bell (i) construction costs incurred by Bell up to the date of cancellation, and (ii) installation Fees, and (iii) any out-of-pocket expenses incurred by Bell in provisioning of the Services up to the date of cancellation. By signing below, Bell and the Customer agree that this Services Schedule is attached to and forms part of the Master Agreement. City Of Saint John Bell Aliant, a division of Bell Canada LDocgned by: SIGNATURE: Bell Ethernet Services Schedule Version 1.9 Page 4 of 5 May 21, 2021 091 DocuSign Envelope ID: AA935759-EDCD-41A9-B777-6973BAE14E33 EWIAliant ".T I am authorized to bind Customer to the terms and conditions of this Services Schedule. DATE: YYYY-MM-DD City Of Saint John SIGNATURE: NAME: TITLE: I am authorized to bind Customer to the terms and conditions of this Services Schedule. DATE: YYYY-MM-DD Master Agreement Number: CN-0807-8441 Services Schedule Number: CN-2203-72045 NAME: Steve Titus TITLE: Director of galas I am authorized to bind Bell Canada to the terms and conditions of this Services Schedule. DATE: 2022-03-16 YYYY-MM-DD Bell Ethernet Services Schedule Version 1.9 Page 5 of 5 May 21, 2021 34 -ter`_ II f{�, err I COMMON COUNCIL REPORT M&C No. Click here to enter text. Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Donation of Public Art AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kate Wilcott Jacqueline Hamilton I John Collin RECOMMENDATION Staff recommends that Common Council: Sign and execute the contract between the City of Saint John, Friends of Seaside Park, and Sculpture Saint John (see attachment A) EXECUTIVE SUMMARY Friends of Seaside Park (FSP) has approached City Staff to accept the gift of a Sculpture which would be placed in Seaside Park in Fall 2022. FSP has agreed to cover the cost of installing the sculpture. FSP will be the "Community Partner" and the City of Saint John will be the "Destination Partner" for this large-scale public art installation. The objective of this report is to finalize the agreement with the interested parties to begin planning for this exciting public art installation. REPORT Friends of Seaside Park (the "Community Partner") has designated the City of Saint John (the "Destination Partner") as its recipient for a Sculpture as part of the final installment of Sculpture Saint John. FSP has agreed to cover the cost of installation of the sculpture while the City would be responsible for the maintenance, repair, and upkeep of the Sculpture in perpetuity once installed on its property. M1 -2- Staff will work closely with the artist, Sculpture Saint John, and FSP regarding the destination location, the size, and number of pieces. The artist will assess the locations and create the sculpture based on the space and its functionality. This sculpture will be placed in Seaside Park and all necessary steps will be taken by staff and the artist to have the art reflect the values and story of the City of Saint John. The City's Parks Department, Utilities and Infrastructure, and the Arts and Culture Coordinator have advised on this project. The Contract has been reviewed and approved by GCO. Staff recommends that the Mayor and Clerk be authorized to execute the attached contract (see attachment A) STRATEGIC ALIGNMENT Belong • Strengthen neighborhood groups that offer programming to the community • Livable Neighborhoods: Improve quality of life with targeted long-term neighborhood planning • Vibrant City: Cultivate Community pride and unity by promoting beautification, arts, culture, and heritage • Maintain regional and district parks SERVICEAND FINANCIAL OUTCOMES The City shall provide land for the permanent installation of the sculpture. All costs associated with the commissioning of the art and the placement will be covered by FSP. The long-term upkeep of the Art will be minimal to the City and will come from the Public Art Maintenance Fund. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and Administration Services, Growth and Community Development Services, Parks, Engineering, Utilities and Infrastructure, General Counsel, and the Saint John Community Arts Board were advised of this proposal and their input has been provided into this report where applicable. ATTACHMENTS Contract A: Sculpture Saint John, Friends of Seaside Park, and City of Saint John K11.1 Sculpture Saint John Po Bnx 20090 RPO Brunswick Square Saint John, NB E2L 5B2 sc ul p t u .j www.SculptureSaintJohn.com " Twitter @sculpturesi SAINT I N H N Facehook sculpturesaintjohn February 17, 2022 Friends of Seaside Park 360 Fundy Drive Saint John, NB E2M 2R6 Attention: Chuck Teed Dear Chuck Re: Sculpture Saint John 2022 - Community Partner Agreement New Brunswick International Sculpture Symposium Inc. ("we" or "us") is a registered charity under the Income Tax Act (Canada). We organize the international sculpture symposia known as "Sculpture Saint John", the next installment of which is to take place in the summer of 2022 (the "Symposium"). The sculptures produced at the Symposium and other symposia we organize are intended to form part of an international "sculpture trail" for the benefit of tourists and local communities in the Province of New Brunswick. We collaborate with an organization building a similar trail in the State of Maine. In executing this agreement, Friends of Seaside Park (the "Community Partner") has agreed to make a financial contribution in the amount of $16,000 Canadian dollars (the "Contribution"), on a timeline specified below, (at article 8) to us in consideration of becoming a community partner in the Symposium. As a community partner, it will receive a sculpture created at the Symposium (the "Sculpture") for installation on a permanent basis at a publicly accessible location within a New Brunswick community of its selection. Friends of Seaside Park has designated the City of Saint John (the `Destination Partner") as its recipient for the Sculpture. In executing this agreement, the Destination Partner has agreed to be responsible for the maintenance, repair and upkeep of the Sculpture in perpetuity once installed on its property in consideration of becoming a destination partner. We are entering into this letter agreement (the "Agreement") with the Community Partner and Destination Partner for the purpose of setting forth rights and obligations between us, the Community Partner, and the Destination Partner respecting the Sculpture, including its installation and maintenance. Our Obligations Creation of Sculpture We agree to cause the Sculpture to be created at the Symposium by the artist chosen in accordance with our policies and procedures. Should the Sculpture not be created for any reason not attributable to the fault or negligence of the Community Partner or Destination Partner, we agree to refund the Contribution. Kul Assistance in Installation of Sculpture 2. We will provide advice to the Community Partner and Destination Partner regarding all matters related to the installation of the Sculpture, including site selection, lighting, and other matters tending to enhance the artistic merit of the Sculpture for the Destination Partner's benefit and for the benefit of the public. We further agree to provide the Community Partner with our standard form of plaque for identifying the Sculpture and the artist who created it. The Community and Destination Partners' Obligations Cooperation in Organization of Symposium 3. The Community Partner and Destination Partner agree to cooperate with us and the organization of the Symposium, including, but not limited to, the following: (a) obeying our policies and procedures related to artist selection and the Symposium site; (b) facilitating visits by the artist participating in the Symposium to the Destination Partner's local community; and (c) using reasonable efforts to promote the Symposium in the Destination Partner's local community. Creation, Installation and Maintenance of Sculpture 4. The Community Partner and Destination Partner agree that: (a) all matters related to the concept and artistic design of the Sculpture are in the absolute discretion of the artist; (b) the cost of transporting the Sculpture from the Symposium site to the location where the Sculpture will be installed is the Community Partner's responsibility and at the Community Partner's risk; (c) the Community Partner will safely and securely install the Sculpture at a site and in a manner within the Destination Partner's local community approved by us prior to installation; (d) the Community Partner will securely install the plaque provided by us in respect of the Sculpture in a location and in a manner approved by us prior to installation; (e) the Destination Partner will use reasonable efforts to keep the Sculpture in good repair and to maintain it and the area immediately surrounding it in a clean and aesthetically pleasing state; and 9.11 (f) the Community Partner and/or Destination Partner will only install lighting for the Sculpture of a type, and in a location or locations, approved by us prior to installation. Indemnification and Insurance 5. The Community Partner will assume all liability in respect of the Sculpture as and from the time the Sculpture is removed from the Symposium site to be transported to the Destination Partner's local community for installation (the "Time of Removal") until such a time when the Sculpture's installation is complete (the "Effective Time of Transfer"), at which time the Destination Partner will assume all liability in respect of the Sculpture. The Community Partner and Destination Partner agree to hold us and our directors, officers, employees and agents harmless and to indemnify us and them in respect of any losses, claims, damages, charges or expenses arising out of or in connection with this Agreement or the Sculpture following the Effective Time of Transfer. 6. The Community Partner agrees to obtain and maintain suitable insurance coverage in respect of the Sculpture from the Time of Removal to the Effective Time of Transfer, including insurance against any damage to the Sculpture or liability arising in respect of the Sculpture in transit. 7. The Destination Partner agrees to obtain and maintain suitable insurance coverage in respect of the Sculpture following the Effective Time of Transfer, including insurance against any future loss or damage to the Sculpture or liability arising in respect of the Sculpture or its location. Payment of the Contribution 8. The Community Partner agrees to pay us the Contribution of $16,000 on the following schedule: (a) $7,500 payable upon signing of this Agreement; (b) $7,500 payable on January 1, 2020; and (c) $1,000 payable at the Effective Time of Transfer (being in consideration for the Sculpture's installation, plaque, and base). Title to Sculpture 9. Title to the Sculpture passes from us to the Destination Partner at the Effective Time of Transfer, and (subject to an Event of Default) this Agreement operates as an actual conveyance, transfer, assignment and setting over of all of our right, title and interest in and to the Sculpture to the Destination Partner as of the Effective Time of Transfer. Term and Termination 10. The term of this Agreement begins on the date of this correspondence and continues indefinitely until and unless terminated as provided for in this paragraph (the "Term"). This Agreement terminates on the occurrence of the earliest of the following dates: (a) the date mutually agreed to by us, the Community Partner, and the Destination Partner; (b) the date of the removal of the Sculpture from the Destination Partner's local community following the occurrence of an Event of Default (as discussed below); or (c) the date of our corporate dissolution. Default 11. We have the right to retake possession and ownership of the Sculpture upon the occurrence of any of the following events (each an "Event of Default"): (a) if the Destination Partner is a body corporate, that entity ceases to exist as a body corporate; (b) the Destination Partner becomes bankrupt or insolvent; (c) if, after 60 days' notice from us, the Destination Partner fails to take adequate steps to maintain and/or repair the Sculpture, its lighting and/or its surrounding amenities; (d) the Destination Partner transfers or attempts to transfer ownership of the Sculpture to another person or entity other than the Community Partner, or the Destination Partner or Community Partner moves the Sculpture to another location without our prior written approval, which shall not be unreasonably withheld; or (e) the Destination Partner fails to provide adequate proof of the insurance coverage required by this Agreement following a request by us for such proof. 12. If an Event of Default occurs, the Destination Partner agrees to do all things and to execute and deliver all deeds, transfers and conveyances necessary to convey ownership of the Sculpture to us. If the Destination Partner refuses or otherwise fails to execute or deliver any documents mentioned in the previous sentence within ten (10) days of us requesting that the Destination Partner do so, the Destination Partner hereby appoints us as its attorney to execute such documents on its behalf. The price payable by us to the Destination Partner for the Sculpture in the event of an occurrence of an Event of Default is Ten Dollars General Provisions 13. Entire Agreement - This Agreement constitutes the entire agreement between us, the Community Partner, and the Destination Partner with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. 14. Choice of Law and Jurisdiction - This Agreement is to be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties are governed by, the laws of the Province of New Brunswick and the federal laws of Canada applicable therein without reference to conflict of laws principles. 15. Successors and Assigns - This Agreement enures to the benefit of and is binding on and enforceable by us, the Community Partner, and the Destination Partner and our/their respective successors and permitted assigns. Neither we nor the Community Partner/Destination Partner may assign any of the rights or obligations hereunder without prior written consent. 16. Amendment and Waiver - No amendment or waiver of any provision of this Agreement is binding unless consented to in writing. No waiver of any provision of this Agreement constitutes a waiver of any other provision, nor does any waiver constitute a continuing waiver unless otherwise expressly provided. per: per: NEW BRUNSWICK INTERNATIONAL SCULPTURE SYMPOSIUM INC. Diana Alexander Executive Director Acknowledged and agreed to this _14t" day of March, 2022. Friends of Seaside Park HI Name: Chuck Teed Title: Founder Friends of Seaside Park Acknowledged and agreed to this 10 day of March, 2022. City of Saint John per: Name: Title: Acknowledged and agreed to this _ day of 12022. :1 COMMON COUNCIL REPORT M&C No. 2021-089 Report Date March 17, 2022 Meeting Date March 28, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Ernst & Young Consulting Services for Performance Management AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Stephanie Rackley-Roach Kevin Fudge John Collin RECOMMENDATION The City Manager recommends the engagement of Ernst & Young LLP as outlined in the proposal attached to M&C 2022-089 to support the City in implementing a corporate performance management system. EXECUTIVE SUMMARY Council has identified the need for a performance management system to achieve results and drive continuous improvement as one of their priorities. The Corporate Performance team has set out a work plan and deliverables for 2022 to achieve this priority. External resources are required to support the achievement of these deliverables. Ernst & Young has provided a proposal that addresses the City's needs. Engagement costs are $200 per hour plus HST for assistance provided. PREVIOUS RESOLUTION N/A REPORT Performance management is a corporate tool that ensures continuous evaluation of what an organization is trying to accomplish in terms of defined results and making improvements to business and/or service processes, as necessary, using data to achieve goals. At the Finance Committee on January 26, 2022, the Performance Management team provided an overview of the system approach and the expected deliverables for 2022 outlined below. • Completion of a Proof of Concept using the PuMP methodology to develop measures. • Creation of at least one objective for each of the objectives outlined in Council's Priorities 2021— 2026. !i91 -2- • Launch of initial external and internal dashboards to communicate and manage performance. • Development of tools and procedures to support performance management. The Performance Management team has two full time resources assigned. With the level of engagement, change management, and data visualization expertise required to achieve the planned deliverables, additional consulting support is required. The attached proposal from Ernst & Young outlines a phased approach to support the City in achieving performance management deliverables. Assistance will be provided by Ernst & Young as required on an hourly basis. Within the Ernst & Young Operational Review City of Saint John Implementation Plon completed in March 2020, there was a recommendation to enhance the City's Corporate Performance Framework as part of the Performance Management and Accountability sustainability enablers. Ernst & Young has experience in developing performance management systems in the public sector and can align their approach with the PuMP methodology adopted by the City to support performance management. Assistance, on an as needed basis, for Phase one from Ernst & Young will include: • Support to complete the proof of concept; and • Support to establish at least one measure (i.e., key performance indicator — KPI) for each objective within Council's Priorities. Work for Phase 2 has been outlined in the proposal and focuses on dashboard development and advisory support in maturing the performance management system. The Corporate Performance team connected with several consulting companies to determine capacity and experience to support the City in meeting their performance management objectives for 2022. Ernst & Young was best able to meet the City's needs and mobilize in a short timeframe. STRATEGIC ALIGNMENT Under the Council Priority of Perform, there is a commitment to establish a performance management program to achieve results and drive continuous improvement. Engagement of consulting services will support the achievement of planned deliverables outlined in the City's work plan initiatives for 2022. -3- SERVICEAND FINANCIAL OUTCOMES The engagement for professional services with Ernst & Young is based on an hourly rate. The proposed cost is $200 per hour plus HST. The Corporate Performance Team will manage the engagement to ensure internal resources are leveraged to optimize engagement support. Funds have been included in the approved 2022 Operating Budget to support the engagement of professional services for performance management. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Supply Chain Management has reviewed this report. ATTACHMENTS City of Saint John Management Services — March 15, 2022 :111 � Q NL_ O +•+ O cv cLv L= U Q � N .N N +•+ r- O N N C E N N O E V)4� E m Q% 4m N N L 0 Q � E N4-J � �- a-J co E N O E NN a O Q O C L O O - E a� > H U N L N E O �� p C O O cv OQL Q�E > C N N �o c� .--. C) T a-J ate--+ _� E L cv vi O V O NO U N N LO V N O C N O O O N C\jL N N Lp E cb N O coU C O a-� O N Ln CO E a) O cv V .� N L- >) LO N C O +� v a) E cv E L N Q 0 co O +J O E 0 p 0 �U Q �- L m O V 4-1'C LOp � O Q O - p N N p � E -S N U a-J L O N > LO U O cv 4-J r— N N N O � N d N a O N � Y Q I � i N _ 0 cv N N N N O O U O N N O C }J N L LZ = 07 O � cv - O M N u E � O 0 O L f� O +-+ L O 0 N 0 O C) O O Q X N U O - O N = a'' 0 0 L O C 4-1 i a-d L p +-+ 4- O 0 o E N O E LO 0 C C N U U N w N 0 N C Q 0 E E Nv O O cv N� Q E p o c p N 0 U LO> — C }' � *� �° � _N f a� o o N O : O N LU V)(n Q N > O m U-1 � > 4-1 Q N N a3 E N N 4-J E N V) V) T *•' N M LO N U N � H � LV L U O T L O 1 L U .7O � 4-1O c� i - O 4-1O 4-1 O N _ L U O 4-1 N>N, U O 4c-1 cn L Nca N n M L U> NL ,, Q Q N UUN CMN = E cm — 4-1 -0 Npi c6 -VO cVY �" „ O a N O N 4-1 O U ca c/) O 0) . 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E o Z E \ / 2 ��\\ /\ / ± t ¥ / = y 5 [.§ / / / \ 7 �� _ ( 9 \ � / \ u 5 e W /° 2= } / 2 E W�> o .g z c / e O 5§ f> § E $ • ± = 2 2 = — / _ = o z =._ / o = _ _ ± c &•- — y o = c ° > > E / } \ * � c ° ƒ / \ / ƒ / 5 E § / \ j \ f & / / CD} \ 2 \ = E ) a § \ 2 \ » / 7 M (D 2 \ _ 2 5 2y \°kg@ §j z %±= w=\ 2 = .\gt c z \ / / / / j / 4- \ (/� k a = z _ _ _ = >._ £ ® B \ / = m u � z — E E \ _ .2 = t % / \ U / / x / 2 u ± # = c = y = / 2 § 2 \ / 2 _ f \ % / = / / ® y y / / ± e § 2'> [ $ E } ° / 2 = E k 2 2 - \ % g g 3 / E z/ \� '5 z 0 z _� 2 ° 2_ 2> z ° = 2 c== o 2[0 \ c \ a 6 y 3 / o / c t z u=_ ° E £ .- o ° / 0 ° z % = 5 ƒ / / \ \ 47 § / ° ° / 2 » ¥ \ \ \ 7 E '\ / ° c = / ± / ¥ \ \ \ ( ƒ - \ / / [ [ \ / n E / / \ w w 2 t 3 u& &§ w E o= u\& E u Q¢ COUNCIL REPORT M&C No. 2022-077 Report Date March 17, 2022 Meeting Date March 21, 2022 Service Area Public Safety Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Agreement with NBCC for provision of Fire Service Training OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Commissioner City Manager Primary Author /Dept. Head Peter Ehler Kevin Clifford John Collin Division Chief Fire Training& Fire Chief S' ecialOperations RECOMMENDATION It is recommended that Common Council authorize the Mayor and Common Clerk to execute the attached agreement with the New Brunswick Community College (NBCC) for the purpose of provisioning emergency service training to external agencies. EXECUTIVE SUMMARY The Saint John Fire Department (SJFD) has, as part of the city's financial sustainability plan, a commitment to generate revenue through the sale of specialized training to external agencies. One significant and proven revenue opportunity is the provisioning of specialized training to other career departments on behalf of the Province of New Brunswick. In particular the Saint John Fire Department Training Division has provided approximately $39,000 of Hazardous Materials Technician training in Moncton and Fredericton on behalf of the Province since 2019. Previously this revenue has been actualized through direct billing of the Office of the Fire Marshal though the existing Hazardous Materials Emergency Response Service "Heavy Team" Renewal Agreement however a conflict with an existing contract between the Offfice of the Fire Marshal and NBCC requires that this training be contracted between the City and NBCC on a go forward basis. Currently there exists a revenue opportunity of approximately $34,000 for training that is to occur between March 21 and April 1 of this year in Moncton and that requires execution of this contract. 6'tl -2- PREVIOUS RESOLUTION Common Council authorized the Hazardous Materials Emergency Response Service "Heavy Team" Renewal Agreement between Her Majesty the Queen in Right of the Province of New Brunswick and the City on May 29, 2017. STRATEGIC ALIGNMENT Vibrant Safe City— Contributing to the competency of the regional response helps to ensure the safety of our larger community. Fiscally Responsible — The execution of this contract enables the Saint John Fire Department Training Division to actualize revenue in support of its commitment to financial sustainability. SERVICEAND FINANCIAL OUTCOMES In exchange for the negotiated fee, the City is committed to provide emergency response training for NBCC throughout the Province of New Brunswick. The capacity to instruct many of the training compentencies is uniquely held within the province by the SJFD and subsequently there is a need and demand for the SJFD to provision this training. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This contract has been reviewed by the General Counsel Office. ATTACHMENTS i) Agreement with NBBC ii) Hazardous Materials Emergency Response Service "Heavy Team" Renewal Agreement 611:3 %4 NBCC TASK # ,S-T74 - Formatted: English (United States) AGREEMENT# MASTER nnn-FEccinntAr SEAR VICEC 124144ncETRAINING AGREEMENT AGREEMENT entered into as of this 21Ft --day of March, 2022. Formatted: Superscript BETWEEN: the New Brunswick Community College, hereinafter called the "Corporation", ofthe First Part; and represented by the President and CEO of the Corporation, hereinafter called the "President". AND Saint John Fire Department-05 Leinster Street, Saint John, NB E21- 1H9 Contact Person Peter W. Ehler 506-639-1938 (hereinafter called the (( SJFD » , of the Second Part) WHEREAS the Corporation wishes to purchase firefighting training services -(services) at Saint John Fire Department (location); AND WHEREAS the Ageaey-SJFD is engaged in the business of providing the aforementioned services. WITNESSETH THAT IN CONSIDERATION ofthe mutual promises and agreements contained in this agreement, the parties agree as follows: 1. SERVICES PURCHASED AND DELIVERY DATES 1.1 The Age+aGyS5D shall provide the fellewiRg-services as set out in a Service Schedule in the form as attached as Schedule "A". Each instance of training shall be attached as a separate Service Schedule and incorporated into this agreement. (These services shall hereinafter be referred to as the "services" or the "work".) 1.2 The delivery dates of the services or the work shall be as set out in the specific Service Schedule. 2. TERM OF THE AGREEMENT The term ofthis agreement shall be for one (1) year starting on March 21, 242-2-2022and atem,•i""yFeRe ablefeFeRe"' 3. PAYMENT OF FEES 3.1 The Corporation shall pay the SJFD in consideration ofthe services performed by the SJFD, the sum of (i) $200 Per person per day enroll in the program and Instructor lodging (tax included) or (ii) as otherwise agreed between the parties for such services by m s of aR apffG ed WFitteA quateas set out in a Service Schedule within 30 days of completion of services or any approved portion thereof and on receipt of invoice. 3.2 Notwithstanding that the parties may have agreed to a quote pursuant to Section 3.1, it is agreed that where the cost to the SJFD for performing the services has, for reasons beyond the control ofthe SJFD and which were not foreseeable atthetime this agreement was entered into, increased significantly beyond those costs estimated bythe SJFD, the President, atthe sole discretion ofthe Corporation, may elect to increasethe amount of this agreement otherwise fixed by paragraph 3.1, by such amount as in the President's sole estimation fairly compensates the SJFD for such increase. Any document appearing in paper form is uncontrolled and must be compared to the electronic version. Uefsiew:-2-A Page 1 of 6 611%] V NBCC 3.3 The SJFD may provide a written notice of increase of the amount set out in Section 3.1 to the Corporation upon the annual renewal of this agreement. 4. PRESIDENT'S PREMISES AND SUPERVISION 4.1 Where the work is to be performed on any premises owned or leased by the Corporation, the Corporation shall provide the SJFD with such access to the said premises as is reasonably required to carry out the work. 4.2 The SJFD agrees that access to any of the Corporation's premises by any of the SJFD's employees which is necessary for the performance ofthe services underthis agreement shall only be granted bythe Corporation duringthe normal business hours ofthe Corporation's premises in question, unless otherwise previously authorized by the President in writing. The SJFD also agrees to observe all Corporation security requirements and measures in effect at any ofthe Corporation's premises to which access is granted by this agreement, provided such security requirements have been made known to the SJFD in advance. 4.3 The SJFD agreesthatthe President hasthe right to appoint, from time to time, a responsible Corporation officeror employee for the purposes of supeFvisirig-liaisin� with the SJFD's employees assigned to perform any services under this agreement. 4.4 The Agency also agreesthatthe corporation hasthe absolute right to terminate the use of, and request the Agency to replace any employee of the Agency assigned to the work who does not, in the sole opinion of the corporation meet the corporation's requirements, provided that both parties will work together in good faith to resolve any issues brought forward in a mutually agreeable manner- s. CHANGES IN SCOPE OF WORK The Corporation may, from time to time, make changes in the scope of the services set out in a Service Schedule to be performed under this agreement and these changes, to be effective, must be in writing and agreed to by the SJFD. If any of these changes result in an increase or decrease in the payment offees specified herein, the agFe m,,...Service Schedule shall be amended to reflect the changes and the increase or decrease, as the case may be. 6. PATENT, TRADEMARK, TRADE SECRET AND COPYRIGHT INFRINGEMENT 6.1 The SJFD covenants that all services or materials or both provided orto be provided tothe Corporation underthis agreement do not infringe any existing patent, trademark, trade secret or copyright registered or recognized in Canada or elsewhere with respect to or in connection with the intended use of the services or materials or both by the Corporation. 6.2 The SJFD agreesto indemnify the Corporation, including the employees and agents ofthe Corporation, from and against any loss, damage or liability for the infringement of any such patent, trademark, trade secret or copyright by the Corporation arising from the performance ofthe work or in connection with the Corporation's usage ofthe services or materials or both, except where the claim of infringement is based on the usage of the services or materials or both by the Corporation in combination with other services, programs, material or data not provided by the SJFD to the Corporation under this agreement. The SJFD also agrees that it shall defend, settle or compromise, at its own expense, any action for patent, trademark, trade secret or copyright infringement arising from a misappropriation thereof by SJFD, subject to the foregoing exception. CONFIDENTIALITY 7.1 Except as may be necessary in the performance of this agreement, neither party shall at anytime or in any manner make or cause to be made any copies, pictures, duplicates, facsimiles or other reproduction or recordings of any type, or any abstracts Any document appearing in paper form is uncontrolled and must be compared to the electronic version. e ...: o... _ _ Page 2 of 6 Ais] %4 NBCC or summaries of any reports, studies, memoranda, correspondence, manuals, records, plans or other written, printed or otherwise recorded material of the other party, or which relate in any manner to the present or prospective business of the other party. The SJFD shall retain all right and interest in any of the material provided by the SJFD for the purposes of delivering the services. 7.2 Neither party shall at any time (except under legal process) divulge any matters relating to the business ofthe other partyor any customers, as applicable, or agents of the other party which may become known to it by reason of its services underthis agreement, or otherwise and shall be true to the Corporation in all dealings and transactions relating to the services contemplated by this agreement. Furthermore, neither party shall use at anytime (whether during the continuance ofthis agreement or after its termination) for its own benefit or purposes or for the benefit or purposes of any other person, firm, Corporation, association or other business entity, anytrade secrets, business development programs, or plans belonging to or relating to the affairs of other party, including knowledge relating to customers, as applicable, clients, or employees ofthe other party. B. EXCLUSIVITY AND RESERVATION The SJFD shall provide the services set out herein on an+fe4--exclusive basis., exeep+ "' asset 9Ht'^ , SeFyie^ Sehed '^ ^ ;) u-.-..R@t Tech ^,,.. •„";," ."," be IgFevided ^.,dusiy4&�� Nothing in this agreement shall be construed as obligating the Cc-orporationtoutilizethe services ofthe AgeR-ey JFDorrestricting the Corporation from utilizingthe similar services of any other party for services in addition to those set out herein, provided that the SJFD shall have a right of first refusal on all services relating to firefighting. 9. OWNERSHIP OF MATERIALS 9.1 All original materials, data, specifications, tapes, programs, either in written or in magnetic or electronic form, which are provided by the Corporation to the SJFD in the performance of the work shall be the sole property of the Corporation. All original materials, data, specifications, tapes, programs, either in written or in magnetic or electronic form, which are prepared or produced by the SJFD _ whether or not -specifically prepared for the Corporation, shall be the sole property of the SJ FD, unless aAd FegaF, iAg Whit" ownership is expressly agreed in a Service Schedule to transfer to the Corporation under this agreement ".II "^ ^. ",.,.,.mle the sale pF,...,._.., of the G^... +;^ AgeRey ..deF this agFeemeAt shall the s..I....FGpeFty of the n ' data, ' 10. RISK OF LOSS All work, including but not limited to the materials, data, specifications, tapes and programs which have been delivered to the Corporation by the SJFD under this agreement shall become the responsibility of the Corporation to protect from loss, damage or destruction. The replacement of any such work lost, damaged or destroyed after delivery to the Corporation shall be at the sole expense of the Corporation. 11. ASSIGNMENT This agreement may not be assigned by the SJFD without the prior written consent of the Corporation. 1�. rGEW-)ArPARTIES'LIABILITY The SJFD shall indemnify the Corporation from and against any loss arising from claims against the Corporation for personal injury or property damage caused by the fault or negligence of the SJFD, its employees or agents in the performance or non- performance of any of their obligations under the terms of this agreement. The Corporation shall indemnify the SJFD from and against any loss arising from claims against the Corporation for personal injury or property damage caused by the fault or negligence of the Corporation, its employees or agents in the performance or non-performance of any of their obligations under Any document appearing in paper form is uncontrolled and must be compared to the electronic version. us"ien -2A Page 3 of 6 AI W NBCC the terms of this agreement. The Corporation acknowledges and agrees that the SJFD may require that participants intraining provide a waiver of liability in favour of the SJFD and Corporation. 4-2-412.1 Notwithstanding anything to the contrary herein contained, the SJFD shall not be liable for any loss suffered by the Corporation arising from or connected with the use or application of any services provided by the SJFD under this agreement for purposes other than those for which the services were designed in accordance with this agreement. -2-4 2.2 During the term of this agreement, New Brunswick Community College shall maintain at its expense a commercial general liability insurance policy with a limit of at least $12_000,000 for each occurrence/ each accident. 13. TERMINATION FOR CAUSE 13.1 The Corporation shall have the right to terminate this agreement and to withdraw the work from the SJFD on notice in writing given at any time, where the Corporation is not satisfied with the adequacy of the work being performed. 13.2 If either party to this agreement is in breach of any of its obligations under this agreement, the other party may give a notice in writing of the breach to the defaulting party and request the latter to remedy it. If the party in breach fails to remedy the breach within sixty (60) days after the date of delivery of such written notice, then this agreement may be terminated immediately by further written notice of termination given by the complaining party. 13.3 Notwithstanding the provisions of paragraph 13.2 hereof, the either party may terminate this agreement by written notice to take effect immediately upon receipt of it by the SJFD if: (1) the other party is in breach of paragraph 7 of this agreement relating to the secrecy of confidential information; or (2) the other party becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a receiver is appointed of its business; or a voluntary or involuntary petition in bankruptcy is filed or proceedings for the re organization or winding -up of the SJFD are instituted. 14. EFFECT OF TERMINATION 14.1 Upon the termination of this agreement, the SJFD shall, within thirty (30) days after the date of termination, file a written claim with the Corporation which shall include an invoice for all work performed and all financial commitments incurred, for payment as per the terms of paragraph 13 of this agreement. 14.2 All work authorized under this agreement by the Corporation prior to the effective date of termination of this agreement shall be completed by the SJFD underthe terms ofthis agreement as if this agreement were still in full force, unless the termination was made in accordance with the provisions of paragraph 13.3 of this agreement. 14.3 Upon receipt of payment from the Corporation of the SJFD's written claim specified in paragraph 14.1, the SJFD shall immediately turn over to the Corporation all completed programs, reports, data, specifications, diagrams and all other material generated during the performance ofthe services under this agreement that is owned by the Corporation pursuant to the terms hereof, and further each party shall return all confidential information furnished to the other party pursuant to this agreement. 15. NOTICES Wherever in this agreement it shall be required or permitted that notice be given or served by either party to or on the other, the notice shall be in writing and shall be delivered personally to the party to whom it is given or sent by prepaid, registered mail, or by Fax, addressed as specified by the parties, and each such notice shall be deemed given on the date of delivery namely three (3) business days after mailing in the case of mail and two (2) business days afterthe time oftransmission in the case of fax. No notice may be given by mail during a real or apprehended mail strike in Canada. The specified addresses may be Any document appearing in paper form is uncontrolled and must be compared to the electronic version. Page 4of6 C'M M NBCC changed from time to time by either party by notice as above provided. 16. INTERPRETATION Entire agreement and waiver. This agreement constitutes all of the agreements between the SJFD and the Corporation pertaining to the subject -matter of it and supersedes all prior agreements, undertakings, negotiations and discussions, whether oral or written, of the parties to it and there are no warranties, representations or other agreements between the parties to it in connection with the subject -matter of it except as specifically set forth or referred to in this agreement. No supplement, modification, waiver or termination of this agreement shall be binding unless executed in writing by the party hereto to be bound thereby. No waiver of any other provisions of this agreement shall be deemed or shall constitute a waiver of any other provisions (whether or not similar) nor shall the waiver constitute a continuing waiver unless otherwise expressly provided. Headings. Headings are not to be considered part of this agreement, are included solely for convenience and are not intended to be full or accurate descriptions of the content of the paragraphs. Interpretation. In this agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders; and words importing persons include individuals, sole proprietors, corporations, partnerships, trusts and unincorporated associations. Applicable law. This agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada in force therein. Invalidity of provision. The invalidity or unenforceability of any provision ofthis agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable. WITNESS whereof the parties hereto have caused this agreement to be executed on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: On behalf of the President and CEO of New Brunswick Community College Corporation: Serge Gallant Name (print) Signature Date Any document appearing in paper form is uncontrolled and must be compared to the electronic version. Page 5 of 6 M %I NBCC Signature (Print) Signature (Witness) Date On behalf of the SJFD: Name (print) Signature Date Common Council Resolution Date: Name (print) Signature Date Prepared by Any document appearing in paper form is uncontrolled and must be compared to the electronic version. .B.�:.r2.9 r _ ...: o... i _ _ Page 6 of 6 AE,I %I NBCC SCHEDULE "A" FORM OF SERVICE SCHEDULE TRAINING SERVICES +See Attached quote TRAINING DELIVERY DATE(S) + See Attached quote FEES FOR SERVICES + See Attached auote Note: set out amount or insert the followine text "Fees as set out in Section 3.1(i) of this aereement" OTHER PROVISIONS Any document appearing in paper form is uncontrolled and must be compared to the electronic version. .B.�:.r2.9 r _ ...: o... i _ _ Page 7 of 6 Quotation — Hazardous Materials Technician Program Course Delivery Dates — March 21 to April 1 March 15, 2022 The Saint John Fire Department (SJFD) hereby quotes for the delivery of a 10-day Hazardous Materials Technician Program to be delivered in the City of Moncton from March 21-25 and March 28-April 1 inclusive. The course content will be aligned with NFPA 1072 and the curriculum will be based on the International Fire Service Training Association (IFSTA) Hazardous Materials Technician 2"d Edition. The manual for the course will be IFSTA's Hazardous Materials Technician 2"d Edition. Course size will be at a minimum of 10 and maximum of 18 students. Pricing Course Cost $200/pp/day Instructor Lodging, Transportation, Meals, and Incidentals Lodging: Billed at actual, receipts provided Meals and Incidentals: Covered in course cost Materials and Consumables Materials required for practical training (e.g., training chemical protective clothing, gas monitors, colorimetric tubes, reagent papers, decontamination equipment...) will be provided by the host department, however SJFD will work with the host department to supplement equipment as required and where practicable. Books To be provided by NBCC and retained upon course completion for future deliveries. Course Coordination The SJFD will develop and distribute the course and instructor schedule, distribute course information to participating agencies, and create and deliver classroom and practical exercises. In the interest of developing the in-house capacity of other agencies to self -deliver programming in the future opportunities will be afforded for guest lecturers/instructors to deliver courseware under the supervision, or with assistance, of the SJFD instructional staff. Registration information for individual students will be collected by their respective agencies and provided to NBCC directly. NBCC will maintain the course/student record and will make arrangements with the participating agencies for IFSAC/Pro Board certification directly. C�� City Solicitor's Office • Bureau de l'Avocat Municipal The City of Saint ]ohn MEMORANDUM TO: Kevin Clifford FROM: Scott Brittain DATE: June 5, 2017 RE: Hazardous Materials Emergency Response Services "Heavy Team" Equipment between the Province of New Brunswick (represented by The Minister of Justice and Public Safety) and the City of Saint John Common Council Resolution: May 29, 2017 The above -noted was authorized by Common Council on May 29, 2017 and has been completed. Enclosed please find one original and one copy of the Hazardous Materials Emergency Response Service "Heavy Team" Renewal Agreement between Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Justice and Public Safety respecting the delivery of regional hazardous materials emergency response services in areas outside the City's boundaries. Kindly forward the original to the Province for their records and retain the copy in your files. An original has been filed with the Common Clerk. Scott A. Brittain SAB/ws Enclosures Cal W HAZARDOUS MATERIALS EMERGENCY RESPONSE SERVICES BETWEEN: "HEAVY TEAM" AGREEMENT THIS AGREEMENT is made this day of , 2016 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK AS REPRESENTED BY THE MINISTER OF JUSTICE AND PUBLIC SAFETY, (hereinafter called the "Province") OF THE FIRST PART - and - THE CITY OF SAINT JOHN, a body corporate by Royal Charter (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Province of New Brunswick has established a Hazardous Materials Emergency Response Program, as part of the Security and Emergencies Initiative approved by the Government of New Brunswick; AND WHEREAS under this program, the Minister of Justice and Public Safety is responsible to ensure the delivery of Hazardous Materials Emergency Response Services regionally; AND WHEREAS the Municipality has agreed to provide the Contract Services (as defined herein) and the Province has agreed to accept the Contract Services on the terms and conditions set out herein; AND WHEREAS it is the intent of this Agreement to establish the necessary administration and infrastructure to provide reliable, effective Hazardous Materials Emergency Response Services (hereinafter called HMERS) on a 24 hour basis, 365 days of the year; NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: C�:3 ARTICLE 1. INTERPRETATION 1.1 Definitions In this Agreement: (a) "Business Day" means a day other than Saturday, Sunday or a holiday under the laws of New Brunswick or Canada; (b) "Contract Services" means the services to be provided by the Municipality to the Province under Article 4 of this Agreement; (c) "Development and Quality Plan" means a quality management plan and system which will ensure that the Contract Services are developed, maintained and provided efficiently and effectively; (d) "Full Response Costs" means the cost billed to the responsible party for the Hazmat Incident, as set out in Schedule "A". (e) "Guaranteed Response Costs" means the financial compensation which the Municipality is assured to receive in response to a Hazmat incident, as set out in Schedule "A", in providing the Contract Services where such calls are entirely outside the legal boundaries of the Municipality. (f) "Hazardous Materials Emergency Response Services" or "HMERS" means the response to, evaluation of, containment of and the rendering safe of releases of materials hazardous to the health and safety of New Brunswickers or their environment by the Municipality. (g) "Hazardous Materials Incident" or "Hazmat Incident" means an emergency, including but not limited to a natural or man-made disaster, which requires a level of Hazardous Materials Emergency Response Services that exceeds the local service area's capacity and/or capability to respond and appropriately mitigate. (h) "Hazardous Materials Emergency Response Services Standards" means standards approved and implemented by the Minister based on the National Fire Protection Association Standard 472 and 473 in relation to the provision of Hazardous Materials Emergency Response Services, as amended from time to time. (i) "Heavy Team" means a team of twelve, NFPA 472 certified HazMat Technicians, called upon to mitigate a significant emergency or to assist in the control of a situation to render it safe. (j) "Minister" means the Minister of Justice and Public Safety and includes the Fire Marshal and any other employee designated by the Minister to act on his behalf in matters relating to this Agreement. 2 C1'] (k) "Mutual Aid Services" means the services to be provided on the occasion of a Major Hazardous Materials Incident which exceeds the capacity of a single Hazardous Materials Emergency Response Services team to manage. (1) "Notice" means any document, statement, invoice, demand, waiver, consent, information, instruction or other communication required by or provided for under this Agreement. (m) "Operational Plan" means a comprehensive documented approach to administering, managing and delivering Hazardous Materials Emergency Response Services. (n) "Scout Team" means a team of two, NFPA 472 certified HazMat Technicians, called upon to investigate an incident or to assist in the control of a situation to render it safe. (o) "Service Area" means the incident area to which the Heavy or Scout team has been deployed. (p) "Significant Emergency" means a large-scale or complex natural or human caused chemical, biological radiological or nuclear emergency. 1.2 Where the context permits, words importing the singular only shall also include the plural, words importing the masculine gender only shall include the feminine and neutral genders. ARTICLE 2. PROVISION OF SERVICES 2.1 The Municipality agrees to provide the Contract Services to the Province on the terms and conditions contained herein and acknowledges that it has the responsibility to perform any and all functions associated with the operation of HMERS to such standards for HMERS established from time to time by the Minister and in accordance with this Agreement. 2.2 The Municipality agrees that it cannot delegate its performance of some or all of the functions associated with the operation of the HMERS without the prior written agreement of the Minister. ARTICLE 3. TERM OF AGREEMENT 3.1 The Agreement shall commence on the 1st day of April, 2015 and shall continue to 31st day of March, 2026 unless earlier terminated or extended as provided for herein. 3.2 This Agreement or any extension thereof shall not be renewed except on the express written consent of both parties to this Agreement. ARTICLE 4. THE MUNICIPALITY'S RESPONSIBILITIES 4.1 The Municipality shall: (a) Establish a Development and Quality Plan to maintain capability at or above the Hazardous Materials Emergency Response Services Standards, which meets the general principles and provisions of such a plan as set forth by the Province, to be submitted to the Province on or before the 15t day of July, 2016; (b) Submit a revised Development and Quality Plan to the Province on or before Vt day of July each year thereafter, and (c) Where the Municipality has attained capability to the level of the Hazardous Materials Emergency Response Services Standards: i) develop and maintain an Operational Plan for providing HMERS which meets the general principles and provisions of such a plan as set forth by the Province, to be submitted to the Province; ii) submit to the Province an Operational Plan annually thereafter, on or before the Vt day of July of each year, or at any time a change in the delivery of HMERS necessitates a change in the Municipality's Operational Plan; iii) assign personnel to ensure effective operation of the HMERS and ensure that all such personnel meet or exceed the Hazardous Materials Emergency Response Services Standards established from time to time by the Minister and in accordance with this Agreement and the Operational Plan; iv) provide the means for wireless and wired voice and, where necessary, data communications, with dispatch agencies, the 2 71 provincial mobile communications centre, fire departments, police services, ambulance services and other emergency services within the Service Area and with other municipalities providing HMERS while participating in Mutual Aid Services; v) provide and effectively maintain vehicles, equipment and supplies for the provision of the Contract Services; vi) deliver HMERS in cooperation with local fire departments, police forces, ambulance services and dispatch agencies in accordance with the Hazardous Materials Emergency Response Services Standards and the Operational Plan set out in 4.1(c)(i), and vii) provide assistance in the form of Mutual Aid Services to municipalities also operating under Agreements to provide HMERS, upon request from the Province. 4.2 The Province shall: (a) Advise the Municipality by notice in writing immediately upon the execution of this Agreement: i) of the Hazardous Materials Emergency Response Service Standards; ii) of any change to the aforesaid standards at least ninety (90) days in advance of such change becoming effective; iii) the principles and provisions applicable to the Development and Quality plan and the Operational Plan referred to herein; and iv) of any change to the said principles and provisions at least ninety (90) days in advance of such change becoming effective. ARTICLE 5. ADMINISTRATION AND FINANCIAL COMPENSATION 5.1 The Municipality agrees to Keep separate records in respect of all matters relating to the Contract Services, that are open to inspection by the Minister at all reasonable times, and separately report all costs associated with the Contract Services in a manner prescribed by the Province. 5.2 All financial payments shall be made as per Schedule "A" hereto attached. 5.3 The Municipality, where the Contract Services have been rendered entirely outside of its municipal boundaries, shall issue an invoice for Contract Services s roil rendered to the Province. The Province will compensate the Municipality as per Sections B and or D of Schedule "A". In addition, upon collection from the responsible party, the Province shall compensate the Municipality in accordance with Section C of Schedule "A". 5.4 On occasions where initial information warrants further investigation, at the option of the Province, a two -person Scout Team may be deployed to make a further response determination. If the Scout Team determines that no further action is required, the Municipality shall issue an invoice to the Province for two HazMat Technicians at the agreed upon rate in Schedule "A", for a minimum four hour call out. 5.5 In the event that a Heavy Team is required to be deployed, the Scout Team shall remain in service at the discretion of the Office of the Fire Marshal. 5.6 The Municipality shall be responsible to submit all reasonable documentation in a timely manner to collect receivables for the cost of HMERS. ARTICLE 6. EQUIPMENT & TRAINING 6.1 The parties mutually agree that the procurement and maintenance of vehicles and related equipment to perform the Contract Services is the responsibility of the Municipality. This does not preclude the municipality from requesting special grants from the Province for replacement of major equipment's or apparatus which could be approved at the discretion of the Province. 6.2 The Municipality shall maintain the assets set out in Schedule "B", hereto attached, in good working order for the manufacture's anticipated life of the asset and shall replace an asset with another asset that provides equal to or greater utility and the Municipality shall dispose of the old asset as it sees fit. 6.3 Where either party wishes to terminate this Agreement for any reason, the Municipality shall return the assets set out in Schedule "B" or assets of equivalent or greater utility, in good working condition all being subject to normal wear and tear, at no cost to the Province. 6.4 The Minister may inspect the assets set out in Schedule "B" at all reasonable times and may require the Municipality to take action to ensure that the Municipality remains in compliance with Article 6.2. 6.5 The Province shall establish contracts of supply for goods or supplies where the economic or service advantages shall benefit the delivery of HMERS and ensure access for the Municipality to the contract of supply. 6.6 The Municipality shall conduct a minimum of one Heavy Team training session per year as specified in Schedule "C". 6 rig] 6.7 The Minister may initiate unplanned training exercises at any reasonable time and may require the Municipality to take action to ensure that the Municipality remains in compliance with Article 2.1. Remuneration for such exercises will be reimbursed as per Schedule "A" Section B. ARTICLE 7. UNANTICIPATED COSTS 7.1 The Province and the Municipality agree that the financial compensation set out pursuant to Schedule "A" of this Agreement represents the total financial compensation that the Municipality is eligible to receive for the purposes of fulfilling this Agreement. Increases in costs that could have been reasonably anticipated by the Municipality are the responsibility of the Municipality. 7.2 Where costs could not have been reasonably anticipated, the Province and the Municipality shall mutually agree on the actions to be taken. ARTICLE 8. REPORTS 8.1 The Municipality shall prepare and submit a record of the performance of HMERS on each occasion it is rendered, whether inside or outside the Municipality, in a manner prescribed by the Minister. 8,2 The Municipality shall prepare and submit to the Minister an annual report, based on the previous calendar year, on its activities in providing the Contract Services in a format which meets guidelines set forth by the Province, to be submitted by the 28t" day of February of the following calendar year period, and the Municipality shall make this report available to members of the public upon request. 8.3 The Municipality shall prepare and submit to the Province in a timely manner such reports, records and documents as the Minister may reasonably require from time to time. ARTICLE 9. INDEMNIFICATION 9.1 The Province covenants to indemnify and save harmless the Municipality and its employees, and officials from and against any and all actions, suits, proceedings, rLl costs, charges, expenses, claims, demands, matters and things whatsoever and by whomsoever made, sustained, brought or prosecuted ("claims") which are in any manner based upon, occasioned by, attributable to or arising from anything done or suffered or omitted to be done by the Province or one or more of its employees, agents, contractors or subcontractors, and whether caused by negligence of the Province or one or more of its employees, agents, contractors or subcontractors of any nature whatsoever and howsoever caused resulting from or relating to: a) Any breach, violation or non-performance by the Province of any convenant or obligation of the Province contained in this Agreement. b) Any damage to property, either real or personal, and whether owned by the Municipality, the Province or others (including any member of the public) howsoever occasioned.. Notwithstanding, any other provision of this Agreement to the contrary, the Province shall have no obligation to provide indemnification in respect of "Claims" to the extent the same arise as a result of a breach of this Agreement by or on behalf of the Municipality or the negligence or willful act or omission of the Municipality. 9.2. The Municipality covenants to indemnify and save harmless the Province and its employees, agents, contractors, subcontractors and officials from and against any and all actions, suits, proceedings, costs, charges, expenses, claims, demands, matters and things whatsoever and by whomsoever made, sustained, brought or prosecuted ("Claims") which are in any manner based upon, occasioned by, attributable to or arising from anything done or suffered or omitted to be done by the Municipality or one or more of its employees, and officials whether caused by the negligence of the Municipality or one or more of its employees, and officials of any nature whatsoever and howsoever caused resulting from or relating to: a) Any breach, violation or non-performance by the Municipality of any covenant or obligation of the Municipality contained in this Agreement. b) Any damage to property, either real or personal, and whether owned by the Municipality, the Province or others (including any member of the public) howsoever occasioned. Notwithstanding, any other provision of this Agreement to the contrary, the Municipality shall have no obligation to provide indemnification in respect of "Claims" to the extent the same arise as a result of a breach of this Agreement by or on behalf of the Province or the negligence or willful act or omission of the Province. 9.3 The provisions of this article shall survive the termination of this Agreement. W ARTICLE 10. TERMINATION 10.1 If any of the following events occur, the Municipality shall be in default under this Agreement and the Province may deliver a Notice of Default to the Municipality: (a) if the Municipality fails to effectively manage, operate and provide the Contract Services, subject to the terms and conditions herein, and observe and perform all obligations in strict accordance with this Agreement; (b) if the Municipality breaches or fails to observe, perform or comply with this Agreement or any other agreement between the parties referenced herein; or (c) if the Municipality breaches or fails to observe, or comply with any municipal, provincial or federal legislation, regulation, standard or policy which applies to this Agreement. 10.2 Upon receipt of Notice of a Default, the Municipality shall have sixty (60) days to cure or rectify the default. If the Municipality fails to cure or rectify the default within the required time period the Province may terminate this Agreement by giving Notice as provided for herein. 10.3 The Province or the Municipality may terminate this Agreement in accordance with the terms and conditions herein if the funds appropriated by the Province for the performance of the Contract Services or any other service, as provided for herein, are withdrawn by the Legislative Assembly. 10.4 Notwithstanding any other provision of this Agreement, either party may terminate this Agreement with or without cause, upon one hundred and eighty (180) days' written notice to the other party without benefit or liability to either party. 10.5 In the event this Agreement is terminated, the parties, within sixty (60) days of termination of the Agreement, shall jointly reconcile receivables and payables and pay to the other party monies for any balance remaining as a result of early termination of this Agreement. ARTICLE 11. DISPUTE RESOLUTION 11.1 Any dispute respecting the interpretation of this Agreement or the performance by either party of the obligations contained herein shall be determined by arbitration in accordance with the New Brunswick Arbitration Act and as herein provided. 9 WQ 11.2 The dispute shall be determined by three (3) arbitrators, one to be named by each one of the parties and the arbitrators so chosen shall select one additional arbitrator within ten (10) business days. The decision of the majority shall be final and binding. If either of the parties neglect or refuse to name an arbitrator within thirty (30) business days of the appointment of the arbitrator of the other party, the arbitrator appointed shall act as sole arbitrator and his decision shall be binding upon the parties hereto. 11.3 Arbitration shall be held in the city of Fredericton, New Brunswick with the costs to be shared equally between the parties. ARTICLE 12. MISCELLANEOUS 12.1 This Agreement shall be governed and construed in accordance with the laws of the Province of New Brunswick. 12.2 No amendment, modification or waiver of this Agreement shall be effective or binding unless in writing and signed by both parties. 12.3 The parties to this Agreement shall with reasonable diligence do all things and provide all reasonable assurances as may be required to complete the matters and things contemplated by this Agreement and each party shall provide such further documents and other instruments as may be reasonably necessary to give effect to this Agreement. 12.4 Neither party to this Agreement shall be deemed to be in default of any obligation hereunder when and to the extent that its performance is prevented or delayed by fire, explosion, breakdown of machinery or equipment, natural disaster, or acts of God. 12.5 No act or failure to act or delay in the enforcement of any right by any party shall constitute a waiver of any right under this Agreement, and shall not constitute an approval of or acquiescence in any breach or continuing breach under this Agreement except as expressly agreed in writing and no waiver of any breach of any provision of this Agreement shall constitute a waiver of any preceding or succeeding breach of such provision or any other provision. 12.6 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and all warranties, representations, assurances and commitments, whether oral or written, expressed or implied, which are not expressly set forth in this Agreement are null and void. 12.7 In the event that any provision of this Agreement, or part thereof, is determined to be invalid, void or otherwise unenforceable, the remaining provisions shall be construed as if such invalid, void or unenforceable provision, or part thereof, was io rrA omitted and this Agreement shall continue in full force and effect without being impaired or invalidated in any way and the parties agree to be bound by and perform the same thus modified. 12.8 All notices shall be given in writing, by personal delivery, by registered mail, postage prepaid, by courier prepaid, or by fax or other similar written and immediate means of communication addressed to or delivered to such other party at the address appearing below. Notice delivered personally shall be deemed communicated as of actual receipt; if delivered by mail or courier, as of three business days following mailing or couriering; and if sent by fax or other similar means, on the day of transmission if sent prior to 3:00 p.m. (local recipient time) on a business day and, if not, on the next business day of the recipient. ii M-11 In the event of a disruption of postal service in any relevant location, delivery shall not be made by mail. To the Municipality At: The City of Saint John Office of the Fire Chief P.O. Box 1971 Saint John, New Brunswick E21- 41-1 To the Province at: Department of Justice and Public Safety Office of the Fire Marshal Argyle Place 364 Argyle Street Fredericton, New Brunswick E3B 1 T9 Any party may change its address by giving notice to the other in accordance with this Article. IN WITNESS WHEREOF the parties have hereunder duly executed this Agreement on the date herein indicated. SIGNED, SEALED AND DELIVERED i 1 f Witness Date: I� � i L) Witness Date: Witness Date: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as Represented by the Minister of Justice and Public Safety Per: Han. Denis Landry Minister of Justice an Public Safety THE Per: Per: Ccon Clerk 12 r067 SCHEDULE "A" FINANCIAL INFORMATION Pursuant to Article 5 of this Agreement: A) The annual service fee for this contract is $95,000.00. For each fiscal year of this agreement, where the Municipality has demonstrated it has met the Hazardous Materials Emergency Response Standards set out by the Province, the Province shall, on the 1$t day of April, July, October and January, remit twenty-five (25) percent of the annual service fee to the Municipality for the purpose of assisting in the development, maintenance and capacity of Hazardous Materials Emergency Response Services. In addition, upon completion of regional training as outlined in Schedule "C", the Province will remit up to a maximum of $12,000.00 annually to the Municipality. An indexing allowance for the Service Fee shall be determined on the 15t day of April for the following contract year. The base service fee of $95,000 shall vary at a rate of 0.5 times the variance of a captains' negotiated hourly rate. The captains' new hourly rate shall be the higher union negotiated rate between all municipalities providing Hazmat services. All "new service fee" calculations will be indexed off of the base rate of $43.43 Example: Current Base New Hourly Variance Increase to Service New Service Fee Service Hourly Rate Fee Fee Rate $95,000 $43.43 $50.00 (50/43.43) — 1 = $95,000 x (0.5 x 0.1513) 102,185.69 0.1513 = $7185 B) Where the Municipality has rendered a service entirely outside of its municipal boundaries, the Municipality shall issue an invoice to the Province for its contract services in accordance with the following table which reflects the Guaranteed Response Cost for materials, salaries and travel. The agreed hourly rate used to calculate "Heavy Team" costs will be at 1 % times a captains' hourly rate, and be the higher union negotiated rate between all municipalities providing Hazmat services for such position. (e.g. the current rate is $65.30): 4 Hour 4 Hour 8 Hour 8 Hour 8 Hour 8 Hour 12 Hour 12 Hour 12 Hour 12 Hour Response Response Response Response Response Response Response Response Response Response 50 km 100 km 50 km 100km 200km 300km 50 km 100km 200 km 300 km Radius Radius Radius Radius Radius Radius Radius Radius Radius Radius $10,313 $10,563 $14,028 $14,887 $15,307 $15,832 $30,807 $30,969 $31,401 $31,941 13 E:ii] C) The party responsible for the spill will be required to pay the Full Response Cost, which will include a 40% stand-by surcharge, and any significant material costs beyond that included in Section "B" amounts. If the Province does not have to take action to recover the Full Response Cost from the responsible party it will pay the amount listed in Section B and, upon receiving the full amount from the responsible party, it will pay the balance of the Full Response Cost. If the responsible party does not initially pay the entire amount of the Full Response Cost and the Province has to take action to recover the cost, half of the balance of the Full Response Cost will be paid to the Municipality and the other half will be retained by the Province. If the responsible party does not pay the entire amount of the Full Response Cost and the Province does not take action to recover the cost, any money collected over and above the Guaranteed Response Cost will be split equally between the Province and the Municipality. D) Where the Municipality has rendered a service entirely outside of its municipal boundaries, the Municipality shall issue an invoice to the Province for its contract services in accordance with the following table which reflects the Guaranteed Response Cost for materials, salaries and travel. The agreed hourly rate used to calculate "Heavy Team" costs will be at 1 '/2 times a captains' hourly rate, and be the higher union negotiated rate between all municipalities for such position. (e.g. the current rate is $65.30): Scout Team 4 Hour Response 8 Hour Response 12 Hour Response Labour for team to respond $522.40 $1044.80 $1567.20 Meals (16.00 x 2) $30.00 $60.00 $90.00 Overnight Accommodation $200,00 Overnight Meals (1 Meal) $30.00 Overnight Wages (12 hours rest paid at hourly rate $1567.20 Labour for clean up/restocking 1 hours for 2 people $130.60 $130.60 $130.60 Total $683.00 $1235.40 $3585.00 *All mileage incurred during response will be paid at $2.50 per kilometer E) Where the response cost generated exceeds the revenue generated from the Guaranteed Response Cost in Sections B and or D plus any additional revenues received from the responsible party, The Municipality will submit an itemized invoice for all their expenditures and the Province shall pay the balance. 14 E-11I Schedule "B" HAZMAT TRAILER INVENTORY EQUIPMENT TO BE MAINTAINED BY THE MUNICIPALITY Item Qty Description Ser# Trailer 1 8' X 24' Dynamic Fiber NB Plate # TGW 875 Clip Boards 10 CHRIS Manual 1 Chemical Response Information Set of Three Binders Dangerous Goods Safety Marks 1 Placards / Plaques Wall Chart Transporting Dangerous Goods 2 Canadian Trucking Alliance NB Atlas 1 2002 Edition Emergency Action Guide 1 Book Weather Station 1 Davis Weather Wizard III Binoculars 1 Bushnell 1 OX20 Spotter Scope 1 Bushnell 20X50 Power Bar 2 Curtis ( Ground Fault) HazMat Library 1 CD Rom CCOSH 2O03-1 Edition 6 Eng. Emergency Response Books 2 Fr. Emergency Response Books Electric Heater 2 11500 Watts Wall Clock 1 24 Hour Clock NFPA 704 Identification Chart 3 Computer 1 Dell Laptop D 610 Printer 1 * Hewlett Packard DeskJet 350 Fax 1 OKI FAX — 5400 OkiFax Handbook 1 Cell Phone & Converter 2 Motorola Test Gas Regulator 1 Regulator Model # 7150.2 LPM Test Gas Cylinder 1 Carbon Monoxide 35PPM 3.6Cu.ft,1031-iters@70°F Pentane 0.14% (10 LEL) Oxygen 18.0% 15 E:yj Item Qty Description Ser# Nitrogen Blend Filing Cabinet 1 2 Drawer Spare Tire & Rim 1 Motorola Portable Radio Intrinsically Safe 1 HT 1000 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Portable Radio 1 HT 1000 Motorola Battery (spares) 10 7.5V. Nickel Cadmium Intrinsically safe Battery Motorola Mobile Radio 1 CDM 1250 Battery Analyzer (VI A) 1 SN 60127001 Motorola Radio Charges- 613ank 2 120 Volts Fire Extinguisher 1 5 Ibs Broom & Dust Pan 1 White Board 1 Nomex III Coveralls 2 Medium 6 Large 2 X-Large 2 XX-Large Incident Command Vest Kit 1 Safety Office 1 Incident Commander 1 Operations Operator 1 Research Officer 1 Decon Officer 7 HazMat Gas Detection Units 1 Aim 3250 Gas Detector Kit Radiation Detection EMS 2 Emberline Model # FH41B Gloves # Silver Shield # Viton # Butyl II HD 14" 0.32 Gauge # Neoprene 13" E:ic1 Item Qty Description Ser# # Medical # Nitrile Unlined 14" 0.025 Gauge Spark Proof Tool Kit 1 17 Piece Kit Includes: 1 Case 1 Shoe Handle Brush 1 9" L Hammer Crate Opener 1 12'12 L Claw Hammer 1 53/ Blade Knife 1 73/4L Putty Knife 1 12" L Grooved Pliers 1 7" L Long Nose SIC Pliers 1 8" L Combination Pliers 1 15" L Deck Scraper 1 91/ L Spray Booth Scraper 1 6" Standard Screwdriver 1 6" Phillips Screwdriver 1 12" L Tin Shears 1 8" L Adjustable Wrench 1 12" L Adjustable Wrench 1 14" L Alum Pipe Wrench 1 12" L Drum Plug Wrench Civil Defense System 1 CDS Drager CIW Electric Pump 8101000 1 Chemical Classifier Strip Kit # OC27272 Pelican Case 1 Radiation Dect. Case Unit # :1450 Hands Free Communication 6 PeltorThroat Microphones 6 Onterface Cable 6 Chest Packs HLN6602A Kappler Level "A" Tester 1 Level "A" Suite Tester SIN 000262422 Air Regulator 1 Kappler Test Unit Regulator 0-600 Low 0-400OHi Air Hose 1 10' Coiled Air Hose & Quick Coupling. Photo -ionization Detector (PID) 1 V-Ray PID Detector PGM7240 250-100712 Drager Test Tube Kit 10ea. CH22901 Acetone 1001b 10ea. CH29701 Alcohol 1001a B101711 10ea. Hydrazine/ammonia 0.251a ch31801-Alt) (CH31801-Aft.) 17 E:il Item Qty Description Ser# 10ea. 8010174113enzene 15Ja ch24801 NIA 10ea. CH23501 Carbon Dioxide 0.1 /a 10ea. CH20601 Carbon Monoxide 101b 10ea. CH24301 Chlorine 0.21a 10ea. CH20201 Ethyl Acatate 200/a 10ea. 6722701 Formic Acid 11a 10ea. CH26101 Hydrocarbon o 0.1 1b 10ea. CH25701 Hydrocyanic Acid 2ra 10ea. CH29801 Hydrogen Sulphide 51b 10ea. CH27301 Methyl Bromide 51b 10ea. CH29401 Nitrous Fumes 0.51a[no+no2] 10ea. 8103261 Oxygen 5%Ic,5- 23Vol% 10ea. Ch28401 Polytest 10ea. CH24401 Trichlorethylene 101a 10-500PPM V- Pae PID Detection Lamps 2 PID Lamps 11.7 ev V- Pae PID Detection Lamps 2 PID Lamps 10.6 ev Detection Paper 6Pk. Chemical Agent ( Adhesive Back) 3 way Liquid Paper Chemical Agent Detection 5 Pk. Nerve Vapor Detection Kit 1 Chemical Agent M-256 Al Kappler Cooling Vest 8 Adjustable 36" X 48" Rescue Helmet 12 Petzl Ecrin Reoc Brimless Chem -Tape 10 Chemical Tape (ChemTape) Hazardous Area Tape 4 3" X100' Hazardous Tape Pop --up- Pool 2 20 Gal. Part # 5920.op Kappler Saranex Encapsulated 8 Large CK72586-L 8 X-Large CK72586-XL 4 X-Large CK72586-2XL HazMat Boots # Size 13 Tingly # Size 11 Tingly Item Qty Description Ser# HazMax Boots # Size 8 Bata 18 E-111 # Size 10 Bata # Size12 Bata # Size15 Bata Decon Brushes 2 Mass Decontamination Kit 1 Air Heater and Hose 450029 Water Heater & Hoses/ Pump TR5 246517 Electric Air Blower 246523 Compressor Air Hook-up 611333 Electric Transformer 120/220 004-ORD-3200937 Manual Hand Pump Air Doom Tent 15" x 19" Waste Water Recovery Systems 2 Tank 2 Bladders 2 18' X'/" Garden Hose 2 18' X '/" Hose & Nozzle 2 4'/2' X 3/" Hose Mass Decon Kit (continued) 1 30' X 3/4" Hose 1 15' X 3/" Hose 1 3' X 1" Hose 1 50' X 3/" Black Gar. Hose 1 30' X '/" Hose 1 Water Manifold 1'/" x 4 x'/z outlets 1 Packing Container 40" X45"X55" 1 3/" x 50' Black Rubber Garden Hose 400 PSI. Test 2 Rubber walking mats 1 Valve 2 Plastic walking grates Water Pump 1 Decon Water Pump Kappler Level "A" Suits 5 Large 5 X-Large 2 XX-Large Kappler Level °B" Suits 5 Large Item Qty Description Ser# 5 X-Large 2 XX-Large W E:11.1 Kappler Level "C" Suits 5 Large 5 X-Large 2 XX-Large Industrial Spill Kit 1 Hazwik Chemical 45 Gal. Drum 4 3" x 12" Sock 8 18" x 18" Pillows 50 17" x 18" Pads 1 Goggle 1 Nitrile Glove 5 Disposable Bags Industrial Spill Kit (continued) 1 Emergency R/H/B 1 Niosh Pocket Guide Tarp 1 12 x 20 Decon Recovery Bags 2 Traffic Cones 36 12 Lbs Base Decon Cones Plastic Ground Sheet 1 6 MM X 20' X 100' Traffic Cones 6 HazMat Barrier Cones Wind Sock Kit 1 12" x 54" Wind Sock pole 1 1" x10" steel Pole Tripod Flood Lights 2 5000 Watt Over -pack Barrels 5 95 Gallon Capacity Over -pack Barrels 4 20 Gallon Capacity Generator 1 6000 Watts GFI Plug Winco # 620241\199 Stabilizing Jack 2 3 Ton - 4 Leg Diesel Fuel Can 2 5 Gallons 120 Liters Gasoline Fuel Can 1 5 Gallons/ 20 Liters Trailer Hitch Torsion Draw Bar 1 10,000 Ibs Capacity HD Safety Chains 2 Battery 1 12 volt Battery 1 12 breaking battery Voice Gun/Bull Horn 1 Norton Glove Chart 1 # Items not counted B.O. Items "back ordered" Items not issued 20 E:Yl I i. 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(� (D 0, -t O a c CD M 000� C - c O O Q) Q) N U >, L o CO U (D 'E 0 a (a LL • r4 E-lue Cif •L CD E O co N m V) .j 4 •c (D CA •L X (D 0) U N co U) E o C) � � O O O O 0 CC7 U U) co 6g C O E CD 0 Q O n O} -0 0) _ C O p O 1 O O uy c4 L N CD -0 m C O C mU O Z. ~ ca L O - O CD .L D co �. C __IleO L C O � U ''n N Q m 43 p m = A O CD 0 LO O .� N p L L Q} C (h N O E U 00000� COOOOCS N {} - O L" a) O x 3 O N Q 0 N O �6c6c:0OO~ D _U ay C -O > p C 9 [ti .-. OONMd ti d �- co co cA O U O L O U .� LO fii Cf) 3 Co w e Efi Cfl E!� cf� Q p� p a N O C _ C CZ C O O a) C _0 U) a) a) C Co to U N CO CD 0 -p W tN +-. co — -0 Oi -lid 0 L C 2 = CL �' -�C c6 N O O co L Q _0 O O003 L '� - '� QQ)to — •{Q 0 •� co_ L co _ .O O o caCD O C OU �_ U O i CO M M C Qy C O m a) X � � (n CD d Q L cD 0 O~ U U C X O 0 C)CU >, E caOD ca m L C? Q 0 O = (f3 C C 0 :3.7, U p cD O L E O 0 p 0 0 4--� N— Q .0 per! i� O10= C O O �0~0� O '''" O N O N �_ O w E �0 ra 0 (D CL O U � ff3 v C C L CL N �t br? 64 O E p5 LL > m O C is = N �f 4- Q x C N O E_ O O p' p U VJ L N N JdQI-F-c� U x U = �o0.�5 H � CO � iA N aw -C N m C • •• r • d m Nr IT N' "T co N O O 7m O U � C � LL U p Q C%4 co 0 L � R 0 CO Y 0 M N U r r N O W Z 0191 COMMON COUNCIL REPORT M&C No. 2022-082 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Council Member Meeting Attendance Records AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Melanie Tompkins I John Collin RECOMMENDATION That the attendance of Members of Council to meetings of Common Council, Committee of the Whole, Standing Committees of Council, and the agencies, boards, commissions and other committees to which they have been appointed by Council, be posted to the City's website. EXECUTIVE SUMMARY The City of Saint John has implemented numerous initiatives over the last several years to increase openness and transparency in government operations and access to City records and information. In accordance with Council's resolution adopted at its February 22, 2022 meeting, it is recommended that further enhancements to the City's access to information program be implemented through the publishing of Council members' attendance for meetings of Common Council and its committees, as well as the other agencies, boards and commissions to which they have been appointed, to the City's website. PREVIOUS RESOLUTION Council resolution of February 22, 2022: RESOLVED that agenda item 11.1 Councillor Attendance Shared on-line, be referred to the City Manager for a report back to Council on a process to advance the initiative. 021 -2- REPORT Open Government programs are based on the principle that the public has the right to access government information, records, and proceedings to enable greater openness, accountability, and engagement. Organizations operating under the open government principles create programs and processes aimed at enhancing the public's access to government records, information, and data. These programs and initiatives not only provide a greater voice to the public, but also promote the efficiency and effectiveness of government programs by holding governments and public institutions accountable for their decisions, actions, and spending. The City of Saint John has demonstrated its commitment to openness and transparency through the numerous open government programs and policies that the City has implemented in recent years. The following list highlights some of the information and records the City currently publishes online through the City's website: • Meeting agenda packages, including all staff reports and materials for all Council and Standing Committee meetings. • Meeting minutes for Council and its Standing Committees. • A live web stream for all Council and Standing Committee meetings. • Meeting minutes and agendas for various other agencies, boards, and commissions of the City. • The City's annual operating and capital budgets and audited financial statements. • The City's annual report. • The City's "Open Data" program, which includes hundreds of data sets held by the City. • The City's Access to Information and Protection of Privacy Program, which allows citizens to request any records within the City's custody. At its meeting of February 22nd, 2022, Council referred a motion drafted by Councillor Radwan to the City Manager for a report and recommendation. The motion read that "Council authorize staff to disclose Council's attendance on the City of Saint John website for all Council meetings, Committee of the Whole meetings, Agency meetings, Board meetings, Commission meetings and any required meetings scheduled on Mondays". The proactive release of public records is considered a best practice for government bodies. Councillor Radwan's motion would be another positive step in advancing the City's commitment to openness and transparency. My -3- Staff recommends the attendance records for the following meeting types be published to the City's website: Common Council, Committee of the Whole, Standing Committees of Council, and the agencies, boards, commissions, and committees to which Council members have been appointed by Council. The City Clerk's office would be responsible for populating the Council and Standing Committee meeting attendance records and the Mayor's Office would populate the records for the other agencies, boards and commissions. The information would be displayed in a table format (see appendix A) and published on the City's website through the City's Open Data portal. Should Council support this recommendation, staff will work with the City's IT department to implement this initiative. STRATEGIC ALIGNMENT This recommendation supports the goals of "enhance transparency for outcomes" listed under Council's priority of "Perform". SERVICEAND FINANCIAL OUTCOMES There would be no financial implications to advance this initiative. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Chief Information Officer was consulted with respect to posting the attendance records to the website. ATTACHMENTS SompleAttenclonce record (AppenclixA) 019] Appendix A SAMPLE Saint John City Council — Meeting Attendance Present I Late/Early Departure I Absent I Not Applicable N N +' Y i Y Z O = J p m m N C7 m c7 oC a Date Meeting Type 2022-01-10 COMMON COUNCIL/COW MEETING 2022-01-18 GROWTH COMMITTEE 2022-01-24 COMMON COUNCIL/COW MEETING 2022-01-26 FINANCE COMMITTEE 2022-02-02 PUBLIC SAFETY COMMITTEE 2022-02-07 COMMON COUNCIL/COW MEETING 2022-02-15 GROWTH COMMITTEE MEETING 2022-02-22 COMMON COUNCIL/COW MEETING 2022-03-07 COMMON COUNCIL/COW MEETING 0LI The City of saint John PROCLAMATION WHEREAS: The City of Saint John is committed to the belief that equal opportunity and treatment should exist for all people; and WHEREAS: Every resident of the City of Saint John has the right to realize their potential, regardless of race, colour, national, or ethnic origin, and live at all times in conditions of dignity, respect, and peace; and WHEREAS: The General Assembly of the United Nations has designated March 21 as the International Day for the Elimination of Racial Discrimination; and WHEREAS. The 2022 International Day for the Elimination of Racism focusses on the theme of "Voices for Action Against Racism" which aims at highlighting the importance of strengthening meaningful and safe public participation and representation in all areas of decision making to prevent and combat racial discrimination; reaffirming the importance of full respect for the rights to freedom of expression and peaceful assembly and of protecting civic space; and recognizing the contribution of individuals and organizations that stand up against racial discrimination and the challenges they face WHEREAS. It is important for people everywhere to strengthen and consolidate their voices against racism, to mobilise against all forms and manifestations of racial discrimination and injustice, and to ensure a safe environment for those who speak up WHEREAS. The elimination of racism and racial discrimination can be accomplished through the understanding and respect and the dignity of all people and is the social and moral responsibility of each person_ NOW THEREFORE: I, Mayor Donna Noade Reardon, of Saint John do hereby proclaim the day of Monday, March 213t, 2022 as International Day for the Elimination of Racial Discrimination in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John on the 215t day of March 2022. 95 gm w U E 0 Q 1-- • Q) Q Ln Q 0-O I i s 0 z co z O z Q � Q Lw N Q N U J w z z o O w Q coD � Q < C) Q U ,L z 0 o z Q o p r-4 0 .Q En En v u r its its is It slim aois, `J 1 ® r �` '� 111111111111 111111111111 111111111111 � 11111111111 111111111111 � �,,, 1 111 Port Saint John operates on the traditional unceded territory of the Wolastoqiyik and Mi'kmaq peoples. We are committed to truth and reconciliation. rrwxx ■■■■■■■■■■■■■j I I TABLE OF CONTENTS 01 Letter From Our CEO 02Our Leadership 04Material Topics 10 Our Community 14 Our People 20 Our Environment Sustainability Our Economy 06Frameworks 24 About Port 08Saint John 28 COVID-19 )5 LETTER FROM OUR CEO W elcome to Port Saint John's first Sustainability Report. As we continue to modernize and grow in an increasingly complex world, the time is right to document our work to date and commit to sustainability in the long-term as an ongoing principle guiding our actions into the future. An important part of our commitment to sustainability lies within our acknowledgemen that we operate on the traditional unceded territory of the Wolastoqiyik and Mi'kmaq peoples. Our organization is on a truth and reconciliation journey and we look forward to continuing to learn from and incorporate the traditional knowledge of Indigenous peoples. A sustainable organization is a responsible and resilient one. At Port Saint John, we strive to strike a balance between economic, environmental and social impacts to ensure success in one area does not cause harm in another. This report is our inaugural effort at synthesizing and sharing sustainability efforts across our organization. Taking a cue from the United Nations Sustainable Development Goals, we embrace sustainability broadly, going beyond environmental impacts to consider the effects of our actions on people, our community, and society. It is also an opportunity to establish a baseline against which we can measure progress. As you will see in these pages, we have made impressive strides in many areas. We have also identified ways we can improve. I'm proud of the work that's been done on many fronts to ensure Port Saint John is a supportive employer, business partner and community member. I'm also energized by the opportunities to aim even higher. We must never stop pushing ourselves to be the best we can, to embody ever more progressive aims. Sustainability is the right thing to do — and it's the strategic path to long-term viability not just for Port Saint John but for all people and the planet. Craig Bell Estabrooks President & CEO 107 0 OUR LEADERSHIP MANAGEMENT APPROACH 8 GOVERNANCE The Saint John Port Authority, doing business as Port Saint John, is a non -shareholder, financially self-sufficient corporation established by the Government of Canada on May 1, 1999, under the Canada Marine Act, and accountable to the Federal Minister of Transport. Port Saint John is governed by a board of directors consisting of seven members who set the strategic direction; approve policies, budgets, and major capital works; and set goals for corporate performance to guide the President 8 CEO and his team. Our board of directors reflects not just our business interests but our organization's values. We strive to ensure a diverse representation. z CONTRIBUTING TO 8 ECONOMIC GROWER �� AN • IN: © 108 so 4 CRAIG BELL ESTABROOKS President & CEO LEADERSHIP TEAM ANDREW DIXON Senior Vice President, Trade & Business Development CAPT. CHRIS HALL Vice President, Operations & Harbour Master PAULA COPELAND KERRILEIGH NELSON Director, Executive Assistant & Engagement & Sustainability Corporate Secretary BOARD MEMBERS { LISA KEENAN DONNA GATES THOMAS O'NEIL DAVID EMERSON Chair Vice Chair Director Director SHELLEY RINEHART JACK KEIR PETER MCGUIRE Director Director Director 3 MATERIAL TOPICS Port Saint John is on a path of continually improving our sustainability practices. In 2021, in our review of material topics, we asked our employees, stakeholders, and community to rank the sustainability of our governance, environment, safety, human resources, and commitment to the community by how important they think they should be to us. These topics are covered throughout this report. We assess material topics through our annual engagement and sustainability programming. This includes consulting with our stakeholders through the Inclusion Model (identified on page 10) and annual surveys. This is important because: • It allows us to collect information that helps our team identify potential sustainability topics • It helps us compile stakeholder and community perspectives • We use it to provide guidance to our leadership on industry best practices to develop sustainable operations and public transparency O 110 J-L Norm Rdy . J jjjjJW r p Q H ,,OA SUSTAINABILITY Port Saint John adheres to leading FRAMEWORKS international goals and commitments to guide our sustainability efforts. UNITED NATIONS SUSTAINABLE DEVELOPMENT GOALS The United Nations Sustainable Development Goals (SDGs) were adopted in 2015 by all United Nations Member States as a blueprint for peace and prosperity for people and the planet, now and into the future. Acting as an urgent call to action, they highlight the importance of an inclusive transition to a sustainable world and society. Throughout this report, we use SDGs as a framework to connect our work at Port Saint John to the global effort towards sustainable development. GOAL 1: End poverty in all its forms everywhere. ir AFFORDABLE AND CLEAN ENERGY s i GOAL 7: Ensure access to affordable, reliable, sustainable and modern energy for all. GOAL 13 Take urgent action to z combat climate change _ O and its impacts. z Q 0 a i� 2 ZERO HUNGER ( 111 GOAL 2: End hunger, achieve food security and improved nutrition and promote sustainable agriculture. GOAL 8: Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. GOAL 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development. GOAL 3: GOAL 4: GOAL 5: GOAL 6: Ensure healthy lives Ensure inclusive and Achieve gender equality Ensure availability and promote well-being equitable quality and empower all and sustainable for all at all ages. education and promote women and girls. management of water lifelong learning and sanitation for all. opportunities for all. imnusTRY, INNOVATIONREDUCED SUSTAINABLE CITIES RESPONSIBLE AND INFRASTRUCTURE 10 INEQUALITIES AND COMMUNITIES 12 CONSUMFrION i PRODUCTION .. GOAL 9: GOAL 10: GOAL 11: GOAL 12: Build resilient Reduce inequality Achieve gender equality Ensure sustainable infrastructure, within and among Make cities and human consumption and promote inclusive countries. settlements inclusive, production patterns. and sustainable safe, resilient and industrialization and sustainable. foster innovation. GOAL 15: GOAL 16: GOAL 17: Protect, restore and Promote peaceful and Strengthen the means promote sustainable inclusive societies of implementation use of terrestrial for sustainable and revitalize the ecosystems, sustainably development, provide global partnership manage forests, combat access to justice for for sustainable desertification, and all and build effective, development. halt and reverse land accountable and degradation and halt inclusive institutions at biodiversity loss. all levels. 112 AIVP 10 COMMITMENTS Port Saint John is a member of AIVP, an international organization that helps members find solutions to build port cities that meet their citizens' hopes and aspirations. AiVP's sustainable development agenda works to organize dialogue, promote exchanges, and suggest solutions. We are working on these goals together with our Port community. � zp- ��-) {� AGENDA 2030 ISO 26000 GUIDANCE ON SOCIAL RESPONSIBILITY Port Saint John has used ISO 26000 as a guide to integrate social responsibility into our values and practices. R �- A, �-Mt - ~t s . 1, . 'k' ABOUT PORT SAINT JOHN 1927 1931 1936 1948 1962 1975 1983 Federal Port Fire Saint John Pugsley Long Wharf Port of Saint Saint John government destroys much becomes Terminal built. construction. John enters becomes takes of West Side an initial containerized member of over port port facilities, member of shipping Ports Canada operations. which were the National business. as a Port rebuilt within Harbours Corporation. a year. Board. 1 k, 1985 1989 1999 2009 2012 2017 2020 Barrack Point Terminal dedicated to potash. First large Saint Marco cruise ship John Port Polo Cruise visits the Port, Corporation Terminal establishing dissolved, opens. Saint John Saint John as a cruise Port Authority destination. founded. Diamond DP World Saint John Jubilee Cruise takes a long- becomes the Terminal term lease only Atlantic opens. of Rodney Canadian Container and Port with two Navy Island Class I rail Terminals. providers, Multi -year CP Rail and terminal CN Rail. modernization project begins. Port Saint John is Atlantic Canada's largest seaport by volume of cargo handled. With an average of 28 million metric tonnes of cargo annually, Port Saint John is one of Canada's key ports recognized for its strategic importance to the nation's trade and economy. Not only is Port Saint John an international seaport, it is also part of the critical infrastructure of the municipality and region, providing close to 3,000 direct and indirect jobs. The Port is essential to New Brunswick's petroleum, forestry and aquaculture industries and to its import and export trade. The Port also makes a significant contribution to the provincial tourism sector through its rank as the fourth busiest cruise destination in Canada. Port Saint John is a cornerstone of the Saint John community, a facilitator of trade and a part of Canada's transportation infrastructure, providing the marine gateway to global markets. 9 COMMUNITY CUSTOMER SATISFACTION SURVEY PUBLIC 8 STAKEHOLDER ENGAGEMENT More than a decade ago, we implemented a stakeholder and community engagement strategy, which has evolved to allow for broad and inclusive engagement with stakeholders and neighbours through forums and working committees. We regularly seek feedback at in -person meetings and through community engagement surveys. Our board of directors and senior management team consider this input during strategic planning exercises and our annual business plan. AGM Annual Report Audited Financial Statements Sustainability Report Port Saint John is part of a fantastic community, and we take our role as a contributor and active partner seriously. Stakeholders who agree 93% Port Saint John is aligned with community priorities. Community members who 99% agree the identity of Saint John as a port city is meaningful to them. Community members who 880% agree Port Saint John is a leading organization for community outreach. CONTRIBUTING TO: CONTINUOUS IMPROVEMENT Emergency Response Planning 8 Exercises Crisis Communications Network STRATEGIC 8 BUSINESS PLANS Strategic Investment in Community Port Education Outreach Involvement, Collaboration 8 Partnerships Cruise - Business 8 Community Liaison Committee Port Days INTERNAL/ EXTERNAL SURVEYS k, `fi[.1 COMMUNITY EVENTS & INITIATIVES Port Saint John fosters port culture and identity through multiple events and initiatives throughout the year COMMUNITY CONNECTION For many years, Community Day was the centrepiece of our community engagement. Port Saint John is looking to go beyond this single day of celebration and interaction with the public to develop more permanent ways to welcome our community. SAINT JOHN SEAFARERS' MISSION The seafarers who work on vessels in the inner and outer harbour and help keep vital trade products moving are essential members of the Port Saint John community. We support them by donating time and resources to the Saint John Seafarers' Mission. The pandemic intensified the extremely isolated life of seafarers. Port Saint John stepped up, investing in pier -side WiFi at the West Side terminals to help our seafarers stay connected in a time of crisis. Several members of our management team also serve on the Board of Directors of the Seafarers' Mission. EDUCATION Our Port Education Program for local students inspires them to consider a career in the marine transportation industry and develops engaged community members who understand port operations. Since 2014, we've shared in -class presentation materials with teachers for Grades 3-12, given port education tours, and published a storybook for young children featuring our mascot, Port City Champ. Our new interpretive booth provides an interactive experience of the port. PALS (Partners Assisting Local Schools) was instrumental in helping us develop our Education Program, and PALS schools are still the core users of the program, which reaches between 800-1,000 students in a typical school year. SUPPORTING POST -SECONDARY EDUCATION In 2021, we awarded the first Betty MacMillan Bursary for high school students pursuing higher education in the tourism industry. The scholarship honours Betty, who recently retired, from Port Saint John. She pioneered the cruise industry in our region, and her work lives on in our bustling cruise sector. Port Saint John is also a sponsor and partner of NBCC's "Going Beyond Campaign." This initiative aims to support employers and industries in the province by addressing workforce challenges by providing skilled workers for the future. Our contribution is designated to transportation and logistics career development. CONTRIBUTING TO: ` IFA COMMUNITY PUBLIC WATERFRONT ACCESS Saint John Harbour is a beautiful landscape where the city's natural and human history can be enjoyed and explored. At Port Saint John, we believe it is essential that locals and visitors alike have access to our waterfront. LONG WHARF TRAIL Harbour Passage is a cranberry -coloured series of interconnected walkways, lookouts and heritage sites connecting Reversing Falls Rapids to Uptown Saint John. It includes Long Wharf Trail, which passes through Port Saint John property, and the trail along Water Street abutting our cruise terminal properties. We're proud to be part of this precious community asset that promotes active transportation and offers prime views of the harbour and our active port. PORT VENUES The Marco Polo and Diamond Jubilee Cruise Terminals don't just give thousands of cruise passengers a stellar first impression of our city; they are in -demand facilities for a host of community events. Our terminals are cherished waterfront venues for food and cultural festivals, local awards ceremonies, celebrations, fundraisers, meetings, weddings, and more. We also donate our space to local charities. During the first COVID-19 lockdown, the Emergency Food Program, which fed thousands of people, used the Diamond Jubilee Cruise Terminal. AREA 506 CONTAINER VILLAGE In July 2021, Port Saint John was thrilled to announce plans for a shipping container retail village to be built on property adjacent to our primary cruise terminal. A unique way to expand waterfront access to both residents and visitors, it will have spaces for retail, outdoor performance, and community activities, attracting cruise and other tourists, and supporting events like the AREA 506 waterfront concert series. FORT LATOUR Place Fort LaTour, located on Harbour Passage on the Bay of Fundy, commemorates nearly 6,000 years of ceremonial, trade and industrial activity. Our Senior Vice President — Trade and Business Development, Andrew Dixon, provided crucial leadership support as Vice -Chair of the redevelopment project, while other members of our team also served important roles on the Board of Directors over the years. Port Saint John donated $100,000 to the campaign. CONTRIBUTING TO: r" COMMUNITY INVESTMENT JJ j� INDIGENOUS RELATIONS Port Saint John operates on the traditional unceded territory of the Wolastoqiyik and Mi'kmaq peoples. We are committed to truth and reconciliation. At in -person and virtual events, Port Saint John offers this land acknowledgement. We also consult with Indigenous groups in compliance with regulators, such as on our West Side Modernization d Project, where we have worked closely with Indigenous communities who have contributed their expertise and traditional knowledge. In 2021, many of our staff participated in the 'F i Indigenous Reconciliation Awareness Module, led i . Ff. by JEDI (Joint Economic Development Initiative). { We will continue to offer this 1.5-day training on the history of Indigenous peoples in Canada and our region and to help us identify ways that Port Saint John can support reconciliation. Port Saint John gives back. Through donations and employee volunteer hours, our team supports dozens of local charities and non -profits, especially those with a strong focus on providing basic needs to children and families in neighbourhoods surrounding the harbour. Other giving categories include: • Poverty reduction • Diversity & inclusion • Food security • Environmental • Health & wellbeing initiatives • Education • Arts & culture In 2020, the Port Saint John Gallery opened at the Saint John Arts Centre. In alignment with this naming partnership, we sponsored our first Port Artist -in -Residence. Visual artist Sarah Sackville, created works showcasing the port over the course of a year. Her exhibit debuted in the fall of 2021. This ongoing partnership will see future artists -in - residence in 2023 and 2025. CONTRIBUTING TO: SARAH SA KVI LLE Part Saint Jahn Residency N 0 0 0 0 a w r m Q z Ln Ln `s&e� a 01 PEOPLE OUR TEAM People are at the heart of our port operations and the community that surrounds us. Yes, our infrastructure is important, but to operate at our best, it takes a diverse team of more than 40 dedicated, diverse and forward - looking professionals. Our organization has evolved tremendously in recent years. While port authorities traditionally tended to be male -dominated workplaces, today Port Saint John's team skews female and relatively young. This evolution is by design, not by accident. We are intentional in our hiring and employment practices to build an inclusive and resilient workforce for today and into the future. WE VALUE innovative thinking, problem - solving, initiative, and a willingness to challenge the status quo. *3 Ob (0 4D WE EMPOWER our employees to grow and learn by investing over $3,000 a year on average per employee on professional development. WE EMBRACE leading human resources practices and the latest workforce trends. WE REWARD excellence through competitive total compensation that reflects fair industry rates. K WE SUPPORT a healthy work - life balance and a family -first philosophy. We want to develop strong leaders for our community. We support and empower our team because we want them to grow professionally and as individuals." SERENE ALLEN Director, Corporate Services 2020 NUMBER OF PERMANENT EMPLOYEES FEMALE MALE A24 18 1� FEMALE MALE � 7S i iON N OUR AVERAGE STAFF TENURE IS 7 YEARS. RETENTION In 2020, our rate of voluntary turnover was 5%, below the national average of 7%. 121 TRAINING & DEVELOPMENT Port Saint John values continuous learning. Our staff are encouraged each year to choose education and training opportunities that align with their career goals and our organizational strategies. Training varies for each employee, but there is a significant focus on project management and safety within our corporate training opportunities. We are also actively building our sustainability skills through professional development. $3,386 12019 $3,027 12020 CONTRIBUTING TO: N 0 0 CD 0 N 0 t r m Q z Q a PEOPLE EQUITY, DIVERSITY & INCLUSION Port Saint John is a welcoming workplace committed to equity, diversity and inclusion in all we do, from our hiring practices to how we conduct our day-to-day business. That said, we recognize that this is an area where we can continue to improve. We do not tolerate harassment, discrimination or violence in any form. To continue to nurture an environment based on respect, dignity and equal rights, we actively pursue learning and training in this area. Recent EDI learning opportunities include: PRUDE'S WORKPLACE BIAS RECOGNITION PROGRAM Port Saint John entered a three-year funding partnership with PRUDE Inc to make its Workplace Bias Recognition Program available to more organizations in our community. This training session heightens awareness of workplace bias by highlighting different types of bias and offering real -world solutions. Our human resources professionals will also receive this training. INTERNATIONAL WOMEN'S DAY 2021 EMPOWERMENT SESSION In honour of International Women's Day, Port Saint John invited Tanya Chapman, a consultant and community leader, to deliver an enlightening, inspiring and wide-ranging session that smashed stereotypes, challenged bias and celebrated women's achievements. We also made a video highlighting these themes. CONTRIBUTING TO: ii Port Saint John is an inclusive environment where everyone's input is sought, and their concerns are respected. By working to accommodate everyone, it makes for a really positive workplace." JANE BURCHILL Public Relations Coordinator EMPLOYEES BY INDICATORS OF % OF SJPA DIVERSITY NON-MANAGMEMENT MANAGEMENT EMPLOYEES `A ^z I HEALTH, SAFETY AND EMERGENCY MANAGEMENT In recent years, Port Saint John has focused on enhancing our safety programs and culture. It's been a team effort, with everyone doing their part to strive for a healthy, incident -free workplace. We are working towards ISO 45001 certification. SAFETY MANAGEMENT SYSTEM In 2018, we implemented our first formal Safety Management System. The following year, we were recognized as one of Canada's Safest Employers in the public sector category by the Canadian Occupational Safety magazine. We continue to evolve our SMS. STRENGTHENED WORKPLACE HEALTH & SAFETY COMMITTEE As part of a heightened emphasis on safety, we renewed our WHSC, which comprises representatives from across our workforce. Working together, we developed KPIs for field -level risk assessments, adopted a RACE — recognize, assess, control, and evaluate — process for workplace health and safety, and redesigned our safety incentive program. RACE(Rec contognize,Asse1107 Control, Evaluate)) Hazard Elimination entries: NUMBER OF FATALITIES 0 ...................................................................... NUMBER OF RECORDABLE EVENTS ...................................................................... NUMBER OF OTHER PROPERTY DAMAGE ...................................................................... NUMBER OF FIRST AID EVENTS 8 ...................................................................... NUMBER OF NEAR MISSES 4 ...................................................................... RECORDABLE INCIDENT 79 RATING JAN-DEC TOTAL FOR 2020 EXCLUSIVELY INDUSTRY AVERAGE: 3.22 TOTAL NUMBER OF HOURS WORKED 72,676 N 0 OFFICE (INCLUDES REPORTS o BY OFFICE STAFF OFF -SITE) CD OUTSIDE r 7 m Q CONTRACTOR SAFETY 40 z INCIDENTS ........................................................................ Ln fiP491 PEOPLE z 0 z 0 a 66 It is critically important to recognize the work that goes into creating a safe and healthy workplace." KELLY WILLISTON - Health, Safety and Environment (HSE) Manager HEALTH AND WELLNESS Port Saint John encourages employees to be physically and mentally healthy. Employees are eligible to receive an annual Health and Wellness Credit to offset the cost of fitness and wellness activities and equipment. A number of our team members are trained in Mental Health First Aid, to be prepared to help someone with a mental health problem or who is in a mental health crisis. First aid is given until appropriate professional help is received or the crisis resolves. EMERGENCY MANAGEMENT AND SECURITY Throughout 2020 and 2021, there have been some positive outcomes regarding emergency management and security. These initiatives increase the long-term sustainability of our organization. These include: • Testing and utilizing our Emergency Response Plan, including the activation of an Emergency Operations Centre on a virtual platform • Upgrading the Business Continuity Plans • Conducting the annual Port Emergency/Security Response exercise • The ongoing review of security assets such as cameras, software, computers Our Emergency Management and Business Continuity programs are aligned with CSA Z 1600 and utilize the Incident Command System to allow for greater standardization and interoperability with other federal, provincial, and municipal response regimes. CONTRIBUTING TO: EMPLOYEE INITIATIVES 8 COMMUNITY OUTREACH CHAMP'S CHOICE Our annual employee engagement initiative invites staff to nominate a charity for a corporate donation of $2,500. In 2020, we selected Romero House, a soup kitchen. In 2021, we gave to First Steps, which provides a supportive environment for pregnant and parenting young women and their children who have no safe place to live. EARTH MONTH 2O21 We encouraged staff to do eco-actions with their families to show how a collective effort can make a big difference. Overall, staff completed 156 eco-actions, including starting nine family gardens and volunteering with local environmental groups. Other actions included: • Collecting 18 bags of neighbourhood litter • Collecting 40 bags of Port Saint John litter • Recycling 60+ batteries in the proper waste stream 0611 Port Saint John staff volunteer in the community on initiatives such as the high school pantry restock, tree planting, harbour cleanup and more. l Port Saint John employees who sit on an external industry -related board or committee, including the Canadian Ports Digitization Working Group, Green Marine Landside Technical Committee, and Association of Canadian Port Authorities Chair of Cruise Committee Port Saint John employees �'50%are on an internal Port Saint John committee or working group. Hours Port Saint John staff spend volunteering annually outside of work. LABOUR RELATIONS In 2020, 21 % of our employees were members of the Public Service Alliance of Canada (PSAC), the bargaining agent for our maintenance positions. The Port Saint John union is a separate local from the Federal Government Union. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 273 & PORT OF SAINT JOHN EMPLOYERS ASSOCIATION ILA Local 273 has 79 members and provides labour to stevedoring companies at Port Saint John through the Port of Saint John Employers Association. In addition to the members above, there are also 14 non -union card list members and 75 non -union referrals who are referred by the union to the Port of Saint John Employers Association when required to ensure adequate labour for all port operations. ONE Longshoremen and women perform a variety of work including positions and trades such as equipment operators, ship loaders, terminal work, linesmen, heavy-duty mechanics, industrial electricians and technicians. Other positions include checkers and shipliners who are responsible for documentation of cargo movement and securing of cargo either in the terminal or aboard the ship. ILA Local 273 trainers are responsible to train employees in any of the skills needed for the stevedoring companies to operate. WORKFORCE PARTNERSHIP COMMITTEE In 2021, the provincial government partnered with employers, labour representatives and others to maximize employment and economic development opportunities expected to result from the Port Saint John Modernization Project. The primary objectives of the workforce partnership committee are to: • develop and implement a recruitment and training strategy that supports and aligns with the needs of all potential employers associated with the Port of Saint John • develop and refine a workforce partnership model that targets and accelerates strategic workforce recruitment. N CAL • Port of saint John Employers Asso-ciation Saint J.h 125 N 0 0 0 0 r Q z a ENVIRONMENT At Port Saint John, we work on and alongside Saint John Harbour, where the Bay of Fundy and Wolastoq, or St. John River, meet. It's a unique and stunning natural setting, rich in marine animal and plant life. We take our role as stewards of this thriving ecosystem seriously. In 2011, we went beyond compliance when we joined Green Marine. In 2015, Port Saint John went further when we added the environment as a pillar in our strategic plan. In the years since, we have increased our initiatives, partnerships and impact in this area, including working towards ISO 14001 certification by the end of 2021. ENVIRONMENTAL POLICY 8 PROCEDURES Port Saint John adopted an environmental policy in 2011 to focus our efforts, establish goals, identify performance indicators and provide a framework to continue enhancing our environmental stewardship. GREEN MARINE In 2011, Port Saint John received certification from Green Marine, an environmental certification program for the North American marine industry. The program is scored on a scale of 1-5, each level progressing farther above the compliance line. GREENHOUSE SPILL COMMUNITY GREEN MARINE GASES PREVENTION IMPACT RATINGS ............................................................................................................ ENVIRONMENTAL WASTE UNDERWATER LEADERSHIP MANAGEMENT NOISE I SUSTAINABILITY POLICY Port Saint John is a critical part of Canada's national transportation system. Under the Canada Marine Act and Saint John Port Authority Letters Patent, we must create customer value while respecting community needs. This is accomplished through transparent and accountable practices in operating and developing the port in an environmentally, socially, and financially responsible manner. SUSTAINABLE PROCUREMENT We strive to ensure environmental protection and improvement are integrated into our overall business model. Port Saint John purchases products and services that do the least damage to the environment. In 2021, we implemented a responsible procurement policy to guide purchasing and ensure we consider the long-term impacts of what we buy. SUSTAINABLE CRUISE Our cruise team has received training from the Global Sustainable Tourism Council, which establishes and manages global standards for sustainable travel and tourism, to help take our commitment to sustainability to the next level. We are also members of collaborative groups that help facilitate sharing of sustainable cruise best practices such as: • AiVP and MedCruise's Sustainability Working Group • Cruise Lines International Association (CLIA) CONTRIBUTING TO: 4:1100164 ide has been invested in cruise ships with new technologies and cleaner fuels to reduce carbon emissions. MEMBERSHIPS Saint John Port Authority and its team are active members of local, national, and international organizations, associations and committees that support our sustainable and innovative growth goals in trade and tourism. These include: • AiVP • Green Marine • International Association of Ports and Harbours • Sustainable Saint John • CN EcoConnexions Partnership Program oC PARTNEREHIPPRC:GRAM 0 2021 ` IN a ENVIRONMENT EMISSIONS AND ENERGY CONSTRUCTION MATERIALS In our West Side Modernization Project, we are reusing infill materials which reduces carbon emissions and costs. We also replaced 30% of the cement for this project with fly ash, which is a more sustainable alternative. ATLANTIC HYDROGEN ALLIANCE Port Saint John is a core member of this alliance, which seeks to accelerate green hydrogen development, production, use, and export. HYBRID VEHICLES Our fleet consists of 30% hybrid electric vehicles to help reduce our greenhouse gas emissions. EMPOWERING RENEWABLE ENERGY The renewable energy industry is growing, and Port Saint John is well -positioned to support the sector through cargo growth. Having handled oversized wind and tidal cargo in the past, our Port is ready as this industry continues to grow. CONTRIBUTING TO: 66 Just by asking people to do things differently, we've been able to make incredible progress when it comes to reducing waste and increasing efficiency." KELLY WILLISTON Health, Safety and Environment (HSE) Manager ` -13 WASTE DEBRIS -FREE FUNDY INITIATIVE In partnership with the Huntsman Marine Science Centre, we installed eight rope collection bins on Port property to collect and recycle unused marine rope that would otherwise end up in the landfill or ocean. In 2020, we collected nearly 3,000 pounds of rope. This program was a runner up in the World Ports Sustainablity Program in 2021. OFFICE WASTE PROGRAM Following a waste audit in 2018, our corporate office implemented a program that drastically reduced the amount of waste going to landfills through reduction measures, recycling and composting. MICROPLASTIC MONITORING IN -KIND VESSEL USE ACAP Saint John is doing a microplastic survey of the harbour using a Port Saint John vessel, captain and storage space. We are happy to support this work through in -kind donations of our assets when it aligns with our sustainability goals. CONTRIBUTING TO: rQ SPILL PREVENTION Port Saint John's safety program includes rigorous spill prevention procedures, and we have invested heavily in spill prevention kits and equipment. In their orientation, we train our contractors on spill prevention, which is part of our inspection processes. CONTRIBUTING TO: PARTNERSHIPS ACAP SAINT JOHN As an environmental non-profit in Saint John and longtime partner of Port Saint John, ACAP finds solutions to Saint John's ecological challenges through outreach, restoration and research. In collaboration with the City, they created the Saint John Climate Change Adaptation Plan, which features the risks and adaptation opportunities for the city and the port. 66 The support of the port is especially relevant to our coastal environmental monitoring program. This work is crucial to develop baseline environmental conditions of fish communities, water quality, and contaminant levels in and around the coast and watersheds surrounding the port." ROXANNE MACKINNON Executive Director, ACAP EASTERN CHARLOTTE WATERWAYS STUDY This environmental resource and research centre promotes community well-being through sound environmental health. To understand the sound impact of cruise, shipping and smaller vessels, ECW has long-term sound underwater monitoring sites, including Saint John Harbour. "Monitoring the underwater sound levels associated with an industrialized Port is key to ensuring the overall sustainability of the Bay of Fundy," says Donald Killorn, Executive Director, ECW. Port Saint John also collaborates with and sponsors several other environmental groups such as Sustainable Saint John and the Canadian Rivers N Institute. o N 0 a w CONTRIBUTING TO:17 PARTNERSHIPS ~ m Q FOR THE GOALS z Q VIi n 129 ECONOMY Saint John is the industrial heart of New Brunswick, and the Port has long been integral to the city's and the province's economy One of 17 major ports in Canada, we are New Brunswick's largest and most diversified marine gateway, essential to Canada's import and export markets. We connect to the world through trade and tourism, handling significant international and domestic waterborne trade, including cruise. As a port authority, we are inextricably linked to diverse local, national and international economies. We are part of the global supply chain but also a community partner. Port Saint John has always played a vital role in the community's life and the local economy by creating direct and spin- off employment and activity from our diverse operations. In fulfilling our mission to drive sustainable economic growth in our region through innovation and collaboration, we look for ways to optimize the use of our land and infrastructure assets. To remain competitive, we must be responsible stewards of these assets while marketing our value proposition to the world. CONTRIBUTING TO: 2311 Increase in GDP impact on N.B. economy, 2007-2019 Impact on GDP ....................................................................... Direct, indirect, cc and induced FTEs across the region of stakeholders agree that Port Saint John is an essential component of economic growth of our region. 24� `[till CRUISE Saint John, Canada's first incorporated city, is the largest city on the Bay of Fundy, home to the world's highest tides. Located on Canada's eastern seaboard, it's a standout stop on a stunning coastline for cruise passengers. Since 1989, more than 1,200 ships have come to call, and cruise has become a huge driver for our tourism industry, accounting for one in 10 jobs in our region. Due to the COVID-19 pandemic, cruise was suspended in Canadian waters by Transport Canada in 2020. In our first year since 1988 without cruise visits, Port Saint John was proactive in ensuring our region is well -positioned when cruise resumes in 2022. We created a Cruise Business and Community Liaison Committee consisting of members from economic development, business associations, community groups, and other cruise tourism stakeholders who meet monthly and will continue to do so once cruise resumes. In a parallel initiative with long-term goals, the Port Saint John cruise team engages local tourism stakeholders such as restaurants and tour operators to improve the overall visitor experience. a a a a a a a a a a a a a a a a a • a a a a a a a a a a a a a a a .. . 25 CARGO Port Saint John is Eastern Canada's largest port by volume. It has a diverse cargo base, handling an average of 28 million metric tonnes of cargo annually, including dry and liquid bulks, break bulk, and containers. With global connections to 500 ports worldwide, Port Saint John is easily connected to central Canadian inland markets by rail and road. Our port is a facilitator of trade, providing a marine gateway to global markets. As a result of a diversified cargo base, Port Saint John enjoyed overall growth despite a drop in the break bulk sector, representing only 0.01% of all cargoes. CONTRIBUTING TO: METRIC TONNES OF 26,438,301 30,458,422 25,069,918 25,372,180 25,984,654 CARGO .................................................................................................................................................... . METRIC TONNES OF 573,181 390,237 422,576 489,546 580,270 CONTAINER CARGO TEUs 90,262 57,402 59,102 68,901 79,179 ............................................................................................................................................. .-e- . agr HapagmLloyd e'. _A— C INFRASTRUCTURE DEVELOPMENTS Sustainable growth depends upon a modern and efficient port. We are investing in infrastructure that positions us for the long term. WEST SIDE MODERNIZATION PROJECT In partnership with the Government of Canada and the Province of New Brunswick, the $205-million West Side Modernization Project is well underway at Port Saint John. The project will see much - needed infrastructure upgrades at our West Side Terminal over seven years. A longer, stronger pier, a deeper berth and wider channel will ensure Port prosperity and regional growth for years to come. CONTRIBUTING TO: $25.9 MILLION 2020 cargo in metric tonnes COVI D-1 9 Port Saint John was proactive in our response to 000/(COVID-19, prioritizing the safety and security of Port of our team and partners as we worked to minimize stakeholders believe the disruption and adapt to the evolving situation. entire Port community has COVID-19 RESPONSE PLAN adapted to the challenges The safety and security of employees, their families presented by COVID-19. and members of our community were top priority during the pandemic. In February 2020, in response to international concerns about COVID-19, Port Saint John conducted immediate and critical risk assessments and developed formal internal preventative measures to react to the risk. We implemented an intensP7 COVIDResponse . It included: • A remote working policy. • A COVID Workplace Recovery Task Force representing all departments and the union. • Emergency response plans, including all external service providers and terminal operators. MUMME&M • Fla\/aYPrl caniti7ina mPACIIYPC iri The Department of Public Health als Port Saint John. _ i _... L J 0 a( r BUSINESS IMPACTS CARGO The uninterrupted movement of goods is paramount for New Brunswickers and Canadians, and Canada's ports are vital to international trade. Together with our port stakeholder community, we continue to play our role in ensuring Canada's supply chain is operational and secure. We saw increases in cargo in 2020 and 2021, indicating our cargo sector is healthy and growing. WEST SIDE MODERNIZATION PROJECT In 2020, eight large caissons were constructed to build a new, longer, stronger, and deeper marginal pier at the DP World multiuse cargo terminal. Although COVID-19 increased safety protocols on the site, contractors were able to develop safety plans approved by WorkSafe NB, and the project is slated to be complete by March 2023. CRUISE As one of Canada's most active cruise ports, we respect the direction given by Transport Canada to suspend cruise operations in Canadian waters until November 2021. Port Saint John helped create the Association of Canadian Port Authorities (ACPA) Cruise Committee, which is a historic initiative consisting of other ports and cruise stakeholders to provide input to the Government of Canada for the resumption of cruise activity. VENUES Our venues are available for rental use with safe COVID-19 protocols in place. Throughout the pandemic, our wedding rentals decreased, but we hope to welcome our 100th wedding ceremony in 2022. DIGITAL INFRASTRUCTURE & REMOTE WORK During the pandemic, Port Saint John adapted quickly to allow our team members who do not need to be onsite to work from home. We responded by implementing: • VPN access to allow staff to connect to our servers from home • Microsoft Teams training for all staff • A Remote Desktop Server (RDS) for the finance team • Second workstation infrastructure for all staff As restrictions eased and our offices re -opened, many team members told us they appreciate the opportunity to work remotely or in a hybrid home -office arrangement. Our "Workplace of the Future" initiative includes "hoteling" workstations and intentionally designed collaborative spaces. This also allows for our team to continue to grow without physically expanding our space. CONTRIBUTING TO: t.. rir : r" t a - in 31 Port Saint John N4c:5;;;N 4, SUSTAINABILITY REPORT 2020 12021 www.sjport.com 0000 Canada COMMON COUNCIL REPORT M&C No. 2022-076 Report Date February 18, 2022 Meeting Date March 21, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Use of Sidewalks By-law — By-law Amendment AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Barb Crawford Jacqueline Hamilton / Amy Poffenroth John Collin RECOMMENDATION Your City Manager recommends Common Council authorize 1st and 2nd Readings of the Amendment to the Use of Sidewalks By-law, By-law Number LG-13, in the form attached to M&C 2022-076. EXECUTIVE SUMMARY City staff are continuously looking for improvement opportunities as it relates to delivery of public services and providing clarity and predictability to our applicants to utilize the right-of-way. This report seeks endorsement of Common Council to amend the Use of Sidewalks By-law. The amendment clarifies insurance requirements, parking fees and submission requirements for Sidewalk Cafes, permission requirements for Sidewalk Vendor sites and removes outdated and superseded sections of the By- law related to sidewalk openings. There are no new fees and no additional costs to applicants. There are potential cost savings for applicants in the case of insurance requirements for sidewalk cafes. PREVIOUS RESOLUTION May 3, 2021, the following resolution was passed: RESOLVED that the by-law entitled, "By -Law Number L.G.-13, A By-law respecting the Use of Sidewalks within The City of Saint John," repealing and replacing the By-law entitled "By-law Number M-21, A Law respecting the Use of Sidewalks within The City of Saint John and all amendments thereto" to include the fee adjustment initiative for Street Occupancy permits, Sidewalk Cafe permits and Sidewalk Vendor sites, and to update for the new Local Governance Act, be read a third time, enacted, and the Corporate Common Seal affixed thereto. -z- REPORT In May 2021 the Use of Sidewalks by-law was repealed and replaced to include updates in line with the Local Governance Act, fee adjustments related to the Sustainability Plan and procedures for Street Occupancy Permit and Sidewalk Cafe applications previously approved through Common Council policy. Throughout 2021 updates to the by-law were proposed from various City departments based on the implementation of the document. The proposed amendment to the Use of Sidewalks By -Law includes the following: Insurance Requirements for Sidewalk Cafes Paragraph 5(4)(b) is repealed and replaced with the following: "(b) Proof of comprehensive general liability insurance on an occurrence basis of: not less than two million dollars ($2,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant does not serve alcohol; or (ii) not less than five million dollars ($5,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant serves alcohol;" Sidewalk Cafe applicants are currently required to provide proof of $5,000,000 comprehensive general liability insurance on an occurrence basis containing a cross -liability clause and naming the City of Saint John as additional insured. Throughout 2021 the City was provided feedback that this insurance requirement was difficult and costly to obtain for small businesses that serve food and drink only. Through discussion with Risk Management and the Insurance and Claims Coordinator, it was determined that a $5,000,000 policy would be required only if the venue serves alcohol within the City right-of-way. It is proposed that applicants that do not serve alcohol will be required to provide proof of $2,000,000 comprehensive general liability insurance. The City granted 18 Sidewalk Cafe permits in 2021. This change in insurance requirements would benefit 7 of the permit holders. Confirmation of Liquor License Extension The following subsection is added immediately after subsection 6(2): "6(3) If an application includes the sale of alcohol, a permit holder shall not operate the sidewalk cafe until proof of liquor license extension has been provided to the City." Applicants obtain liquor license documentation from the Department of Public Safety at the Province of New Brunswick. Extension of a liquor license to include the Sidewalk Cafe space requires an inspection conducted by the City's Fire -3- Prevention and Code Enforcement Service. It is proposed that confirmation of the Liquor License extension will be required for a Sidewalk Cafe within the City right-of-way. Removal of Outdated and Superseded Language and Requirements Section 16 is repealed. Section 17 is repealed. Sections 16 and 17 of the Use of Sidewalks By -Law were used to define requirements for openings in sidewalks and were very outdated. Openings included vaults, coal -holes and manholes within the sidewalk lines of any street within the City. Permanent occupancy of the street right-of-way for utility use is handled differently today and under other by-laws and council adopted policies. For example, installation of any new utility may require a stop -up -and -closure, license agreement, surveyed plans, etc. Such installation and occupancy are handled through agreement by our Real Estate team with the City's General Counsel Office. Sidewalk Vendor Sites Subsection 18(1) is repealed and replaced with the following: "18(1) No person shall sell or offer for sale anything from a sidewalk vendor site unless: (a) he has obtained a licence issued under the Peddlers and Hawkers By-law; (b) he has paid the sidewalk vendor site fee as prescribed in Schedule "A"." In accordance with the Peddlers and Hawkers By-law, no person shall engage in the business of a peddler, hawker or transient trader within the boundaries of the City without a valid license. Peddling and hawking on streets and sidewalks is controlled through the Use of Sidewalks By-law. There are special sidewalk vendor sites within the Business Improvement Area that are available to rent seasonally. Updates to this section of the By-law look to improve clarity and the "first come first served" nature of rental of these sites. There are no new requirements proposed. Parking Fees Schedule "A" is repealed and replaced with the following: Schedule "A" Fees The following non-refundable fees shall be required in the administration of this By- law: M111I -4- Type of Application or Service Required Application Fee Sidewalk Cafe Permit —Level 1 $100.00 plus $2.00 per square foot of total area and $500.00 per parking space Sidewalk Cafe Permit — Level 2 $100.00 plus $4.00 per square foot of total area and $500.00 per parking space Sidewalk Cafe — Security Deposit — Level 1 $100.00 Sidewalk Cafe — Security Deposit — Level 2 $200.00 Street Occupancy Permit $150.00 Street Occupancy Permit — Extension per week $20.00 Sidewalk Vendor Site Fee 1 $340.00 To provide clarity to applicants, the fee table in Schedule "A" is proposed to be repealed and replaced. The replacement removes outdated and superseded fees covered previously in Sections 16 and 17 and adds the requirement for payment of parking fees. Payment for parking fees has always been a requirement of a Sidewalk Cafe that occupies a parking space within the City right-of-way. This proposed amendment clarifies fees for applicants and allows a single payment to the City. There are no new fees and no new requirements proposed. STRATEGIC ALIGNMENT The proposed By-law amendment aligns with Common Council's priorities of BELONG and PERFORM. BELONG: We value a welcoming community. Sidewalk Cafes and Sidewalk Vendor Sites promote vibrancy in Saint John's urban core. Clarifying requirements within the By-law allow applicants to apply for and receive approval efficiently. PERFORM: We value the best use of our resources. Clarifying fees, insurance requirements and permit application requirements allow the One Stop Development Shop to deliver services to the public reliably, consistently and in line with our plans, policies, procedures and best practices. SERVICE AND FINANCIAL OUTCOMES Annually, the Use of Sidewalks By-law accounts for approximately $22,650 in revenue through permit fees. 40 Street Occupancy Permits were issued in 2021 at a fee of $150 each. Sidewalk Cafe permit application fees account for approximately $16,400.00. As part of the City's ENCORE program, fees were waived in 2021. M11% -5- Fee adjustments are not proposed as part of the By-law amendment before Common Council. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Permits and licenses given under the Use of Sidewalks By-law are authorized by the Commissioner of Public Works and Transportation Services Department. The Commissioner has reviewed the proposed By-law changes. Questions related to insurance were reviewed by Risk Management. Items related to coordination and administration of permits and fees were reviewed by the Director of Permitting and Development and the Manager of Customer Service & Operations. Fire & Emergency Management Services was consulted related to inspections and extension of liquor licenses to include Sidewalk Cafes. The General Counsel's Office has provided the attached Amendment to the Use of Sidewalks By-law. ATTACHMENTS Amendment No.1 re Section 5, 6, 16, 17, 18 & Schedule A A BY-LAW TO AMEND A BY-LAW ARRETE MODIFIANT L'ARRETE RESPECTING THE USE OF SIDEWALKS CONCERNANT L'UTILISATION DES WITHIN THE CITY OF SAINT JOHN, BY- TROTTOIRS DANS THE CITY OF SAINT LAW NUMBER LG-13, AND AMENDMENTS JOHN, ARRETE NUMBRO LG-13, ET THERETO MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit: A By-law of The City of Saint John entitled "A By-law respecting the Use of Sidewalks within the City of Saint John, By-law Number LG-13" and amendments thereto, enacted on the 3rd day of May, A.D. 2021, is hereby amended as follows: Par les presentes, 1'arrete de The City of Saint John intitule « Arrete concernant 1'utilisation des trottoirs dans The City of Saint John, Arrete numero LG-13 » et modifications afferentes, decrete le 3e jour de mai 2021, est modifie comme suit : 1. Paragraph 5(4)(b) is repealed and replaced 1. L'alinea 5(4)b) est abroge et remplace par with the following: ce qui suit: "(b) Proof of comprehensive general liability insurance on an occurrence basis of: (i) not less than two million dollars ($2,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant does not serve alcohol; or (ii) not less than five million dollars ($5,000,000.00) naming the City as additional insured and containing a cross -liability clause if the applicant serves alcohol;" «b) Une preuve d'assurance responsabilite civile generale sur la base de la survenance des sinistres : (i) d'au moins deux millions de dollars (2 000 000 $) designant la municipalite comme assuree additionnelle et comprenant une clause de responsabilite reciproque si le requerant ne sert pas d'alcool; ou (ii) d'au moins cinq millions de dollars (5 000 000 $) designant la municipalite comme assuree additionnelle et comprenant une clause de responsabilite reciproque si le requerant sert de 1'alcool; » 2. Paragraph 6(2)(a) is repealed and replaced 2. L'alinea 6(2)a) est abroge et remplace par with the following: ce qui suit: "(a) Reviewed the stamped structural plans and details of the proposed platform or structure, and has determined that they comply with the Saint John Building By-law; and" o a) Revise les plans structuraux authentifies et les details de la plateforme ou de la construction proposee et qu'il n'ait determine qu'ils sont en conformite avec Z'Arrete de construction de Saint John; et » ME 3. The following subsection is added 3. Le paragraphe suivant est ajout& immediately after subsection 6(2): imm&diatement apr&s le paragraphe 6(2) : "6(3) If an application includes the sale of alcohol, a permit holder shall not operate the sidewalk cafe until proof of liquor license extension to said cafe has been provided to the City." o 6(3) Si une demande inclut la vente d'alcool, un titulaire de permis n'exploite pas le cafe-terrasse jusqu'd ce qu'une preuve de 1'extension du permis d'alcool au dit cafe-terrasse Wait &t& presentee a la municipalit&. » 4. Section 16 is repealed. 4. L'article 16 est abroge. 5. Section 17 is repealed. 5. L'article 17 est abroge. 6. Subsection 18(1) is repealed and replaced 6. Le paragraphe 18(1) est abroge et remplac& with the following: par ce qui suit: "18(1) No person shall sell or offer for sale anything from a sidewalk vendor site unless: (a) he has obtained a licence issued under the Peddlers and Hawkers By-law; (b) he has paid the sidewalk vendor site fee as prescribed in Schedule "A". 18(1) II est interdit de vendre ou d'offrir en vente quelque produit que ce soit a partir d'un site de marchand de trottoir, a moins : a) d'avoir obtenu un vertu de Z'Arrete colporteurs; et permis d&livr& en concernant les b) d'avoir pay& les droits exigibles associes prevus d 1'annexe « A ». 7. Schedule "A" is repealed and replaced with 7. L'annexe o A » est abrog&e et remplac&e the following: par ce qui suit: Schedule "A" Fees Annexe « A » Droits exigibles The following non-refundable fees shall be Les droits exigibles non remboursables suivants required in the administration of this By-law: sont n&cessaires d 1'administration du present arret& : Type of Application or Required Service Application Fee Sidewalk Cafe Permit — $100.00 plus $2.00 Level 1 per square foot of total area and $500.00 per parking space Type de demande on de Droits de service demande exig&s Permis de cafe-terrasse — 100 $ plus 2 $ par niveau 1 pied carr& de la surface totale et 500 $ par espace de stationnement `[le Sidewalk Cafe Permit — $100.00 plus $4.00 Level 2 per square foot of total area and $500.00 per parking space Sidewalk Cafe — Security $100.00 Deposit —Level 1 Sidewalk Cafe — Security $200.00 Deposit — Level 2 Street Occupancy Permit $150.00 Street Occupancy Permit $20.00 — Extension per week Sidewalk Vendor Site $340.00 Fee 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., 2022 signed by: Permis de cafe-terrasse — 100 $ plus 4 $ par niveau 2 pied carre de la surface totale et 500 $ par espace de stationnement Cafe-terrasse — depot de 100 $ securite — niveau 1 Cafe-terrasse — depot de 200 $ securite — niveau 2 Permis d'occupation de la 150 $ rue Permis d'occupation de la 20 $ rue — Prolongation par semaine Droits exigibles associes 340 $ aux sites des marchands de trottoirs EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2022, avec les signatures suivantes : Mayor / Maire City Clerk / Greffier de la municipalite First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Staff Recommendation for Council Resolution Property: 2626 Loch Lomond Road Public Hearing held March 7, 2022 Item Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 1 st and 2nd reading to an Amendment Amendment to the Zoning by-law to rezone parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PID Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR). Other No N/A 3rd Reading 3rd Reading: March 21, 2022 Item: Required: Recommendation (Y/N) Municipal Plan N N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment Amendment to the Zoning by-law to rezone parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified as portions of PID Numbers 00331066 and 55217285 from Rural (RU) and Neighbourhood Community Facility (CFN) to Rural Residential (RR). Recission of No N/A Previous s. 39/s. 59 Conditions Section 59 No N/A Conditions `A Section 59 Agreement No N/A Section 131 No N/A Agreement Other Yes That Common Council accept a money in -lieu of Land for Public Purposes dedication for the proposed Cynthia J. and Victor S. Train Subdivision at 2626 Loch Lomond Road. `[E:3 BY-LAW NUMBER C.P. 111-132 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: Rezoning parcels of land having an area of approximately 8.12 hectares, located at 2626 Loch Lomond Road, also identified asPID Nos. 00331066 and 55217285, from Rural (RU) and Neighbourhood Comm unityFacility (CFN) to Rural Residential (RR). 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 X day of X, A.D. 2022 andsigned by: ARRETE NO C.P. 111-132 ARRETE MODIFIANT L'ARRETE DE ZONAGEDE 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 : Rezonage d'une parcelle de terrain d'une superficie d'environ 8,12 hectares, situee au 2626, rue Loch Lomond, egalement identifie comme une partie de NID 00331066 and 55217285, de zone Rurale (RU) et installation communautaire de quartier (CFN) a zonerural residentielle (RR) toutes les modifications sont indiquees sur le plan ci-joint et font partiedu present arrete. EN FOI DE QUOI, The City of Saint Johna fait apposer son sceau communal sur le present arrete le X 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - March 7, 2022 Second Reading — March 7, 2022 Third Reading - Premiere lecture - le 7 mars 2022 Deuxieme lecture - le 7 mars 2022 Troisieme lecture - `[�7 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Neighbourhood Community Facility Zone d'installations CFN communautaires de quartier Rural RU Zone rurale TO/A Rural Residential RR Zone residentielle rurale Applicant: Hughes Surveys & Consultants Inc. Location: 2626 Loch Lomond Road PID(s)/NIP(s): 00331066, 55217285 (portion) Considered by P.A.C./Considers par le C.C.U.: February 15 fevrier, 2022 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: March 10 mars, 2022 150 Staff Recommendation for Council Resolution Property: 1781 Bayside Drive Public Hearing: Completed on March 7, 2022 Item Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 15` and 2nd reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU). 3rd Readina: March 21. 2022 Item: Required: Recommendation (Y/N) Municipal Plan No N/A Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID Number 55239131, from Pit and Quarry (PQ) to Rural (RU). Recission of Yes 1. That Common Council rescind the Section 39 Previous s. 39/s. conditions imposed on the August 13, 2007, rezoning of 59 Conditions the property located at 1781 Bayside Drive, also identified as a portion of PID 55239131. 2. That Common Council rescind the Section 39 conditions imposed on the June 10, 2013, rezoning of the property located at 1875 Bayside Drive, also identified as a portion of PID 55239131. Section 59 Yes 1. That Common Council, pursuant to the provisions of Conditions Section 59 of the Community Planning Act, impose the following condition on the parcel of land having an area 151 of approximately 1.71 hectares, located at 1781 Bayside Drive, also identified as a portion of PID Number 55239131: (a) That no restricted activity, as set out in the National Energy Board Order RE-E236-17-2008, registered in the Saint John County registry office as document number 25431298 on April 17, 2008, be carried out within 200 meters of the Emera Brunswick Pipeline Company pipeline without the prior approval of the Emera Brunswick Pipeline Company. 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 89.49 hectares, located at 1781 Bayside Drive, also identified as a portion of PID Number 55239131: (a) In addition to the requirements contained in Section 12.4 of the Zoning By-law, the elevation of any portion of the site after excavation shall be no less than 53 metres above sea level, and that the proponent implement and conduct a groundwater monitoring program, developed by a Professional Engineer or Geoscientist, and approved by the Development Officer, Building Inspector. or designate, and the City's Chief Engineer or designate. (b) In addition to the requirements contained in Section 12.4 of the Zoning By -Law, with respect to drainage, a storm water study and hydrology plan be prepared by the proponent. These plans, in addition to the requirements of Section 12.4 of the Zoning By -Law related to drainage are subject to the approval of the Development Officer, Building Inspector or designate, and the City's Chief Engineer or designate. `NMI (c) Trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. (d) All access to the site shall be via the existing driveway at 1781 Bayside Drive. (e) That the proponent provide the Development Officer with confirmation that the necessary Provincial approvals, including but not limited to Watercourse and Wetland Alteration permits and an Approval to Operate for the quarry portion of the site, have been granted, prior to the issuance of the Excavation Permit by the City. (e) That no restricted activity, as set out in the National Energy Board Order RE- E236-17-2008, registered in the Saint John County registry office as document number 25431298 on April 17, 2008, be carried out within 200 meters of the Emera Brunswick Pipeline Company pipeline without the prior approval of the Emera Brunswick Pipeline Company. (g) That the area of the site to be excavated and operated as a quarry be limited to the portion of the site indicated in the applicant's plan submitted with the application and that the treed area between the quarry area and the eastern property line of the site remain treed. Section 59 No N/A Agreement Section 131 No N/A Agreement Other No N/A `V BY-LAW NUMBER C.P. 111-133 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 rezoning a parcel of land having an area of approximately 1.71 hectares, located at 1781-1875 Bayside Drive, also identified as a portion of PID 55239131, from Pit and Quarry (PQ) to Rural (RU) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. ARRETE NO C.P. 111-133 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 I'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 1,71 hectares, situe au 1781-1875, promenade Bayside, egalement identifie de comme une partie du PID 55239131,de Zone de carrieres et de gravieres (PQ) a Zone rurale (RU) conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. toutes les modifications sont all as shown on the plan attached hereto indiquees sur le plan ci-joint et font partie du and forming part of this by-law. present arrete. IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a has caused the Corporate Common Seal of the fait apposer son sceau communal sur le said City to be affixed to this by-law the X day of present arrete le X mars 2022, avec les March, A.D. 2022 and signed by: signatures suivantes : Mayor/Maire City Clerk/Greffier communal FFirst Reading - March 7, 2022 Premiere lecture - le 7 mars 2022 Second Reading — March 7, 2022 Deuxieme lecture - le 7 mars 2022 Third Reading - Troisieme lecture - W151! GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 0 FROM / DE TO / A Pit and Quarry Rural Zone de carrieres PQ ® RU Zone rurale et gravieres 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: Hughes Surveys and Consultants Inc. on behalf of Thomas Developments Ltd. Location: 1781 Bayside Drive PID(s)/NIP(s): 55239131 (portion) Considered by P.A.C./Considers par le C.C.U.: February 15 fevrier, 2022 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: March 14 mars, 2022 155 CITY OF SAINT JOHN NEW BRUNSWICK A By-law Respecting Weight Restrictions within The City of Saint John By-law Number LG - 17 An uncertified copy of this by-law is available online Arrete concernant les limitations de poids dans The City of Saint John Arrete numero LG - 17 Une copie non certifiee de 1' arrete est disponible en ligne `PV 2 TABLE OF CONTENTS TABLE DES MATIERES Section Description Page Article D6signation Page Recitals 3 Preambule 3 1 Title 4 1 Titre 4 2 Definitions 4 2 Definitions 4 3 Interpretation 5 3 Interpretation 5 4 Appointment of By-law 6 4 Nomination des agents charges 6 Enforcement Officers de 1'ex6cution des arr&6s 5 Weight Restriction 6 5 Limitation de poids 6 6 Exemptions 7 6 Exemptions 7 7 Application for Special Move 7 7 Demande de permis de 7 Permit d6placement special 8 Terms and Conditions of Special 9 8 Modalit6s d'un permis de 9 Move Permit d6placement special 9 Post -Move Report 9 9 Rapport post-d6placement 9 10 Revocation of Special Move 10 10 Revocation d'un permis de 10 Permit d6placement special 11 Offences 10 11 Infractions 10 12 Administrative Penalties 11 12 Penalites administratives 11 13 Repeal 11 13 Abrogation 11 Schedule "A" 13 Annexe « A » 13 RECITALS WHEREAS, The City of Saint John deems it advisable to pass this by-law because it will establish weight restrictions for the operation of vehicles on roads, streets and highways; AND WHEREAS, paragraph 10(1)(o) of the Local Governance Act, authorizes a local government to make by-laws respecting, subject to the Motor Vehicle Act, the use of motor vehicles or other vehicles on or off roads, streets and highways, and the regulation of traffic, parking and pedestrians; AND WHEREAS, subsection 262(1) of the Motor Vehicle Act provides that local authorities with respect to highways under their jurisdiction may by by-law or resolution prohibit the operation of vehicles or any class or classes of vehicles to be operated on any such highway whenever by reason of climatic conditions that highway would in the opinion of the local authority be seriously damaged or destroyed except for such prohibition or restrictions; AND WHEREAS, subsection 262(2) of the Motor Vehicle Act provides that notice of any prohibition or restriction imposed under the authority of subsection 262(1) shall be given by signs posted in appropriate places throughout the municipality or throughout the limits of the local authority where the restrictions apply to the highways in general, otherwise on or near the highway affected; AND WHEREAS, section 147 of the Local Governance Act provides that a local government may, by by-law, provide that a person who violates or fails to comply with any provision of a by-law commits an offence; AND WHEREAS, subsection 148(1) of the Local Governance Act provides that a local government may establish a system of fines for offences under by-laws made under the authority of this Act; PREAMBULE ATTENDU QUE, The City of Saint John juge opportun de prendre le present arrete destine a imposer des limitations de poids pour la conduite de vehicules sur les chemins, les rues ou les routes; ATTENDU QUE, 1'alin6a 10(1)o) de Loi sur la gouvernance locale, autorise un gouvernement local, sous reserve de la Loi sur les vehicules d moteur, a prendre des arret6s concernant l'utilisation de vehicules a moteur ou autres vehicules sur les chemins, les rues et les routes, ou hors de ceux-ci, et la reglementation de la circulation, du stationnement et des pietons; et ATTENDU QUE, le paragraphe 262(1) de la Loi sur les vehicules d moteur prevoit que les collectivites locales, en cc qui concerne les routes relevant de leer jundiction, peuvent, par arrete ou resolution, interdire de conduire des vehicules ou une ou plusieurs classes de vehicules sur une telle route chaque fois que, par suite des conditions climatiques, la collectivite locale estime que cette route serait gravement endommagee ou detruite sans cette interdiction ou ces restrictions; et ATTENDU QUE, le paragraphe 262(2) de la Loi sur les vehicules d moteur prevoit qu'un avis de toute interdiction ou restriction imposee sous le regime du paragraphe 262(1) dolt &re donne par des panneaux places dans des endroits appropries sur tout le territoire de la municipalite ou de la collectivite locale si les restrictions s'appliquent aux routes en general et, smon, places dans des endroits appropries sur la route ou pres de la route visee; et ATTENDU QUE, Particle 147 de la Loi sur la gouvernance locale autorise les gouvernements locaux, a prevoir, par vole d'arrete, que commet une infraction quiconque contrevient ou omet de se conformer a quelque disposition que cc soit d'un arr&6; et ATTENDU QUE, le paragraphe 148(1) de la Loi sur la gouvernance locale autorise les gouvernements locaux a mettre sur pied un systeme d'amendes applicables aux infractions que pr6voient les arret6s qu'ils prennent en vertu de la presente loi; et AND WHEREAS, subsection 156(1) of the Local ATTENDU QUE, le paragraphe 156(1) de la Loi sur la Governance Act, states that a local government may gouvernance locale, prevoit qu'un gouvernement local `P1.11 require administrative penalties to be paid in respect of a contravention of a provision of a by-law of the local government; AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this by-law was discussed, were provided in accordance with the provisions of the Local Governance Act; peut exiger le paiement de penalites administratives relativement a toute contravention a une disposition d'un arrete du gouvernement local; et ATTENDU QUE, avis du present arrete et de la reunion du conseil communal a laquelle it a ete debattu ont ete donnes conformement a la Loi sur la gouvernance locale; NOW THEREFORE, the Common Council of The A CES CAUSES, le conseil communal de The City of City of Saint John enacts as follows: Saint John edicte : Title Titre 1 This by-law may be cited as the "Weight 1 Le present arrete peut &re cite sous le Restrictions By-law" (hereinafter the "By-law"). titre Arrete concernant les limitations de poids (ci-apres 1'arrete »). Definitions Definitions 2 The following definitions apply in this By-law. 2 Les definitions qui suivent s'appliquent au present arr&6. "applicant" means any person making a written application to the commissioner for a special move permit under this By-law; (requerant) "business day" means any day that is not a Saturday, Sunday or statutory holiday in the Province of New Brunswick; (jour ouvrable) "by-law enforcement officer" means a by-law enforcement officer appointed under this By-law and designated by resolution of Common Council; (agent charge de l'execution des arretes) "City" means The City of Saint John; (municipalite) "commissioner" means the Commissioner of Public Works & Transportation Services of the City or his designate; (commissaire) requerant » designe une personne qui presente au commissaire une demande ecrite de permis de deplacement special en vertu du present arrete; (applicant) jour ouvrable » un jour autre qu'un samedi, un dimanche ou un jour ferie dans la province du Nouveau -Brunswick; (business day) agent charge de 1'execution des arretes » designe un agent charge de 1'execution des arretes nomme conformement au present arrete, et designe par resolution par le conseil communal; (By-law enforcement officer) municipalite » designe The City of Saint John; (City) commissaire » designe le commissaire aux services du transport et des travaux publics de la municipalite ou son representant; (commissioner) "Common Council" means the elected municipal « conseil communal » designe les membres elus du council of the City; (conseil communal) conseil municipal de la municipalite; (Common Council) "street" means the entire width between the boundary lines of every street, highway, road, lane, alley, curb, sidewalk, park or place when any part thereof is used by rue » Surface entiere qui s'etend entre les limites laterales des rues, routes, chemins, ruelles, allees, bordures, trottoirs, pares ou places utilisee en tout ou en iP10.1 the general public for the passage of vehicles and pedestrians, and includes the bridges thereon but does not mean nor include a provincial highway as defined in the Motor Vehicle Act; (rue) "move" means the movement of a vehicle that exceeds the weight restrictions established in this By-law; (deplacement) "permit holder" means the holder of a special move permit issued under this By-law; (titulaire du permis) "person" means and includes an individual, corporation, partnership, society or cooperative association having ownership, possession, charge or control of a vehicle; (personne) "revoke" means cancel, rescind, repeal or reverse, and the words "revoked" or "revocation" have corresponding meanings; (revoquer) "special move permit" means a special move permit issued under this By-law; (permis de deplacement special) "traffic management plan" means a written plan prepared by the applicant that contains provisions for the control of pedestrian and vehicular traffic on a street identified in the vehicle route including notification to the general public; (plan de gestion de la circulation) Interpretation 3 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By- law is printed in Italic font. The reference is intended to include all applicable amendments partie par le grand public pour la circulation des voitures ou des pietons, y compris les ponts qui s'y trouvent, mais ne designe pas et n'inclut pas une route provinciale, telle qu'elle est define dans la Loi sur les vehicules d moteur; (street) deplacement» designe le deplacement d'un vehicule dont le poids depasse les limitations de poids prevues dans le present arrete; (move) titulaire du permis » designe le detenteur d'un permis de deplacement special delivre en vertu du present arrete; (permit holder) personne » designe un individu, une corporation, une societe en nom collectif, une societe on une association cooperative ayant la propriete, la possession, la charge on le controle d'un vehicule; (person) revoquer » signifie annuler, resilier, abroger, renverser et les termes « revoque » et « revocation » ont un sens correspondant; (revoke) permis de deplacement special » designe un permis de deplacement special delivre en vertu du present arre"te; (special move permit) plan de gestion de la circulation » designe un plan redige par le requerant qui contient les dispositions relatives an controle des pietons et de la circulation automobile sur la rue identifiee dans l'itineraire du vehicule, incluant les avis an grand public; (traffic management plan) Interpretation 3 Les regles qui suivent s'appliquent a l'interpretation du present arrete : a) Les titres, intertitres et numeros des dispositions ne servent qu'a faciliter la consultation de 1'arrete et ne doivent pas servir a son interpretation. b) Le genre ou le nombre grammaticaux doivent &re adaptes an contexte. c) Les renvois legislatifs paraissent en italique. Le renvoi a une loi vise egalement les modifications qui s'y appliquent, y compris iDO] Col to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to those by- laws, including successor by-laws. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, paragraph, part or parts, or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. (f) The Schedules attached to this By-law are included in and shall be considered part of this By-law. Appointment of By-law Enforcement Officers 4 Common Council may, for the purposes of the administration and enforcement of this By-law, appoint by-law enforcement officers who may exercise such powers and perform such duties as may be set out in this By-law. Weight Restriction 5(1) Except as provided herein, vehicles operated within the City shall not exceed eighty percent (80%) of the single axle mass limits or gross vehicle mass limits, whichever is lesser, permitted under the Motor Vehicle Act and its regulations. 5(2) The weight restriction herein applies during the weight restriction period or periods of time specified and published each year by the Minister of Transportation and Infrastructure pursuant to section 36 of the Highway Act applicable to Saint John County. 5(3) Should extensive deterioration occur on any street within the City, the commissioner or his delegate, may further reduce the allowable axle mass or toute legislation de remplacement. Les renvois a d'autres arr6t6s de la municipalit6 visent 6galement les modifications qui s'y appliquent, y compris tout arret6 de remplacement. d) Les obligations qu'il cr6e s'ajoutent a celles d6coulant d'autres arr6t6s applicables de la municipalit6 ou des loin et rdglements applicables des gouvernements f6d6ral ou provmciaux. e) Si une disposition quelconque est d6clar6e invalide par un tribunal competent pour quelque motif que cc soit, la d6cision n'entache en rien la validit6 de 1'arret6 dans son ensemble ni de toute autre disposition. f) Les annexes jointer au pr6sent arret6 sont incluses et doivent &re consid6r6es comme faisant partie du pr6sent arret6. Nomination des agents charges de 1'execution des arretes 4 Le conseil communal peut, pour les fins de 1'administration et de 1'application du pr6sent arret6, nommer des agents charg6s de 1'ex6cution des arr6t6s charg6s d'exercer les pouvoirs et remplir les fonctions pr6vues dans le pr6sent arret6. Les limitations de poids 5(1) Sauf disposition contraire dans le pr6sent arret6, les v6hicules conduits dans la municipalit6 ne d6passent pas quatre-vingts pour cent de la moins 6lev6e de la limite de manse par essieu ou de la limite de manse brute du v6hicule permise en vertu de la Loi sur les v6hicules d moteur et ses reglements. 5(2) Les limitations de poids ci-pr6vues s'appliquent pendant la p6riode ou les p6riodes de limitation de poids fix6es et publi6es chaque ann6e par le ministre des Transports et de 1'Infrastructure en vertu de Particle 36 de la Loi sur la voirie qui s'appliquent au comt6 de Saint John. 5(3) Si une rue dans la municipalit6 devait se d6t6riorer gravement, le commissaire ou une personne d6sign6e par lui pour agir pour son compte peut 7 temporarily close the street to all truck traffic by posting on the street a notice to that effect. 5(4) The operator of a vehicle which is found to have an axle mass that exceeds the weight restriction shall not proceed until all axle masses of the vehicle are within the limits prescribed by the weight restriction, either by redistribution of load or by off-loading onto another vehicle. Exemptions 6(1) The weight restriction does not apply to the streets described in Schedule "A". 6(2) The weight restriction does not apply to buses, authorized emergency vehicles and service vehicles as defined under the Motor Vehicle Act. Application for Special Move Permit davantage reduire la manse par essieu autorisee ou fermer temporairement la rue a tout le camionnage en plagant sur la rue un avis a cet effet. 5(4) Il est interdit au conducteur d'un vehicule dont it est constate que la manse par essieu depasse la limitation de poids ci-prevue de poursuivre sa route tant que la manse de tour les essieux du vehicule n'est pas rendue conforme aux limitations de poids ci-prevues, soit en redistribuant la charge, soit en en transferant une partie dans un autre vehicule. Exemptions 6(1) Les limitations de poids ci-prevues ne s'appliquent pas aux rues enumerees a 1'annexe «A ». 6(2) Ces limitations de poids ne s'appliquent pas aux autobus, aux vehicules de secours autorises ou aux vehicules de service, comme Hs sont definis dans la Loi sur les vehicules d moteur. Demande de permis de deplacement special 7(1) A person may apply for a special move permit. 7(1) Une personne peut faire une demande de permis de deplacement special. 7(2) No special move permit shall be issued unless a written application is submitted to the commissioner in the form provided by the City. 7(2) Un permis de deplacement special n'est pas delivre a moins qu'une demande ecrite ne soit presentee au commissaire a 1'aide du formulaire fourni par la municipalite. 7(3) An application for a special move permit shall 7(3) Une demande de permis de deplacement include the following: special inclut cc qui suit : (a) Plans and details of the vehicle route showing: (i) a scaled and dimensioned drawing of the vehicle route; (ii) a list of City streets, including reference to cross streets and/or civic addresses, upon which travel during the move is required; (iii) the date and time of the move on the streets identified in the vehicle route; and a) Plans et details de l'itineraire du vehicule indiquant : i) un dessin a 1'echelle avec les dimensions de l'itineraire du vehicule; ii) une liste des rues de la municipalite qui doivent &re empruntees lors du deplacement, y compris la reference aux rues transversales ou aux adresses municipales; iii) la date et 1'heure du deplacement sur les rues identifiees dans l'itineraire du vehicule; fl"M N. (iv) a traffic management plan. (b) A pre -move report from a Professional Engineer at the applicant's expense that: (i) assesses the space available upon the streets identified in the vehicle route; (ii) identifies limitations based on the assessment under subparagraph (1); (iii) identifies mitigation measures required to overcome the limitations identified under subparagraph (ii); and (iv) identifies mitigation measures required to either reduce or eliminate the risk of damage to City infrastructure above and below ground. (c) Proof of comprehensive general liability insurance on an occurrence basis of not less than two million dollars ($2,000,000.00) naming the City as additional insured and containing a cross -liability clause. The City shall be provided with the corresponding Certificate of Insurance; (d) Subject to subsection 9(3), a security deposit in the amount of ten thousand dollars ($10,000) which can be used by the City, at its sole discretion, to repair any damage caused by the move to City infrastructure above and below ground; (e) A declaration from the applicant that it is not reasonable or possible to decrease the size of the load or redistribute the load to meet permitted axle mass limits; (f) Written confirmation from the Saint John Police Force that either an oversize dimensions permit has been issued or that said permit is not required; (g) Written confirmation from the Department iv) un plan de gestion de la circulation. b) Un rapport pre-deplacement par un ingenieur professionnel aux frais du requerant : i) qui evalue 1'espace disponible daps les rues identifiees dans l'itineraire du vehicule; ii) qui identifie les limitations selon 1'evaluation prevue au sous-alinea 1); iii) qui identifie les mesures d'attenuation requires pour surmonter les limitations identifiees au sous-alinea ii); iv) qui identifie les mesures d'attenuation requises pour diminuer ou eliminer le risque de dommages a l'infrastructure municipale au-dessus et au-dessous du sol. c) Une preuve d'assurance responsabilite civile generale sur la base de la survenance des sinistres d'au moins deux millions de dollars (2 000 000 $) designant la municipalite comme assuree additionnelle et comprenant une clause de responsabilite reciproque. Le certificat d'assurance correspondant est remis a la municipalite; d) Sous reserve du paragraphe 9(3), un depot de garantie au montant de dix mille dollars (10 000 $) qui peut &re utilise par la municipalite, a sa seule discretion, pour reparer tout dommage cause par le deplacement aux infrastructures de la municipalite au-dessus et au-dessous du sol; e) Une declaration du requerant selon laquelle it n'est pas raisonnable ou possible de reduire la taille de la charge ou de la redistribuer pour respecter les limiter de manse par essieu autonsees; f) Une confirmation ecrite de la Force policiere de Saint John selon laquelle un permis de dimensions hors normes a ete delivre ou que ledit permis nest pas requis; g) Une confirmation ecrite du ministere des `M M of Transportation & Infrastructure that either a special permit has been issued or that said permit is not required; (h) Any other information that may be required by the commissioner at his own discretion; and (1) Payment of the fee in the amount of three hundred dollars ($300.00). 7(4) The commissioner may issue a special move permit under this By-law when he is satisfied that the applicant has complied with the requirements of this By-law. 7(5) No person shall operate a vehicle within the City that exceeds the weight restriction established in this By-law unless a valid special move permit has been obtained for said vehicle. Terms and Conditions of Special Move Permit 8(1) A special move permit shall become valid on a date not earlier than January 1 st in any calendar year and, unless revoked or terminated earlier by the commissioner, shall automatically expire on March 31st in any calendar year. 8(2) A special move permit is not transferable 8(3) The permit holder shall follow the mitigation measures identified in the pre -move report under paragraph 7(3)(b). 8(4) The permit holder shall be solely responsible for any damage identified in the post -move report required under section 9. 8(5) The vehicle route of a special move permit shall not be altered or expanded without prior written approval of the commissioner. 8(6) A special move permit may be extended by written approval of the commissioner. An extension is subject to payment of the corresponding fee in the amount prescribed in paragraph 7(3)(1). Transports et de 1'Infrastructure selon laquelle un permis special a W d6livr6 ou que ledit permis n'est pas requis; h) Toute autre information qui pourrait &re exig6e par le commissaire, a sa seule discretion; i) Paiement des droits an montant de trois cents dollars (300 $). 7(4) Le commissaire pent d6livrer un permis de d6placement special en vertu du present arrW lorsqu'il est satisfait que le requ6rant se soit conform6 aux exigences du present arr&6. 7(5) Il est interdit de conduire dans la municipalit6 un v6hicule qui d6passe la limitation de poids 6tablie dans le present arr&6 sauf si un permis de d6placement special a W obtenu pour ledit v6hicule. Modalites d'un permis de d6placement special 8(1) Le permis de d6placement special entre en vigueur an plus tot le let janvier de chaque ann6e et, a moins qu'il ne soit r6voqu6 on annul6 plus tot par le commissaire, it expire automatiquement le 31 mars de chaque ann6e. 8(2) Un permis de d6placement special nest pas transferable. 8(3) Le d6tenteur de permis respecte les mesures d'att6nuation identifi6es dans le rapport pr6-d6placement pr6vu a 1'alin6a 7(3)b). 8(4) Le titulaire du permis est le seul responsable de tout dommage identifi6 dans le rapport post-d6placement exig6 en vertu de Particle 9. 8(5) L'itin6raire du v6hicule vis6 par un permis de d6placement special n'est pas modifi6 on 6tendu sans 1'approbation 6crite pr6alable du commissaire, 8(6) Un permis de d6placement sp6cial pent &re prolong6 sur approbation 6crite du commissaire. Une prolongation est assujettie an paiement des droits exigibles aff6rents pr6vus a 1'alin6a 7(3)1). Post -Move Report Rapport post-d6placement iM-111 10 9(1) The permit holder shall submit to the commissioner a post -move report from a Professional Engineer not later than three (3) business days following completion of the move. 9(2) The post -move report shall identify any damage reasonably caused by the move to City infrastructure above and below ground. 9(3) Upon receipt and acceptance of the post -move report by the commissioner, and in the event said report doesn't identify any damage reasonably caused by the move, the security deposit shall be returned. Revocation of Special Move Permit 10(1) The commissioner may revoke a special move permit when: (a) There is a violation of a term or condition set out in the special move permit or this By- law that has not been remedied within one (1) day of the permit holder being notified of such violation; (b) The special move permit was issued in error; (c) The special move permit was issued based on inaccurate or false information; (d) The move would be a risk to the health or safety of the general public, or would otherwise constitute a nuisance; or (e) The move unreasonably interferes with the ability of the City, or any public utility, to have access to or maintain any municipal or utility infrastructure, street fixtures or property. 10(2) When the commissioner revokes a special move permit, the permit holder shall immediately cease the move. 9(1) Le titulaire du permis presente au commissaire un rapport post-deplacement produit par un ingenieur professionnel au plus tard trois (3) jours ouvrables apres 1'achevement du deplacement. 9(2) Le rapport post-deplacement identifie tout dommage raisonnablement cause par le deplacement a l'infrastructure de la municipalite au-dessus et au-dessous du sol. 9(3) A la suite de la reception et de 1' acceptation par le commissaire du rapport post-deplacement, et dans 1'eventualite ou ledit rapport n'identifie aucun dommage raisonnablement cause par le deplacement, le depot de garantie est retoutne. Revocation d'un permis de deplacement special 10(1) Le commissaire peut revoquer un permis de deplacement special lorsque : a) Une infraction a une modalite enoncee dans le permis de deplacement special ou le present arre"te a ete commise, et a laquelle it n'a pas ete remedie dans un (1) jour suivant la remise au titulaire du permis d'un avis de violation; b) Le permis de deplacement special a ete delivre par erreur; c) Le permis de deplacement special a ete delivre sur la base d'informations erronees ou fausses; d) Le deplacement poserait un risque pour la sante ou la securite du grand public ou constituerait par ailleurs une nuisance; e) Le deplacement nuit deraisonnablement a 1'entretien, par la municipalite ou toute entreprise de service public, des infrastructures de 1'entreprise de service public ou de la municipalite, des luminaires ou autres biens, ou a leur acces. 10(2) Lorsque le commissaire revoque un permis de deplacement special, le titulaire du permis cease immediatement le deplacement. Offences Infractions iIW 11 11(1) A person who violates a provision of this By- law is guilty of an offence and is liable upon summary conviction to a fine of not less than one thousand dollars ($1,000.00) and not more than two thousand one hundred dollars ($2,100). 11(1) Toute personne qui contrevient a une des dispositions du present arrete est coupable d'une infraction et est passible sur condamnation sommaire d'une amende minimale de mille dollars (1000 $) et ne depassant pas deux mille cent dollars (2100 $). 11(2) If an offence committed under this By-law 11(2) Si une infraction se poursuit pendant plus continues for more than one (1) day: d'une journee (a) the minimum fine that may be imposed is the minimum fine established in this By-law multiplied by the number of days during which the offence continues; and, (b) the maximum fine that may be imposed is the maximum fine established in this By-law multiplied by the number of days during which the offence continues. Administrative Penalties 12(1) The City may require an administrative penalty to be paid with respect to a violation of a provision of this By-law as set out in subsection 12(2). 12(2) A person who violates any provision of this By- law may pay to the City within 45 calendar days from the date of such violation an administrative penalty of five hundred dollars ($500.00), and upon such payment, the person who committed the violation is not liable to be prosecuted therefor. Repeal 13(1) A by-law of The City of Saint John enacted on the 5' day of April, 2004, entitled "A By -Law Respecting Weight Restrictions Within The City of Saint John", By-law Number MV-17, and all amendments thereto is repealed. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of The City of Saint John to be affixed to this By-law the day of , A.D. 2022 signed by: a) 1'amende minimale qui peut etre infligee correspond a 1'amende minimale qui est fixee en vertu du present arrete pour cette infraction, multipliee par le nombre de jours pendant lesquels elle se poursuit, et b) 1'amende maximale qui peut etre infligee correspond a 1'amende maximale qui est fixee en vertu du present arrete pour cette infraction, multipliee par le nombre de jours pendant lesquels elle se poursuit. WnalWs administratives 12(1) La municipalite peut exiger qu'une penalite administrative soit payee relativement a une infraction a une disposition du present arrete, comme prevu au paragraphe 12(2). 12(2) Toute personne qui contrevient a une disposition du present arrete peut payer a la municipalite dans un delai de 45 jours civils a compter de la date de ladite infraction, une penalite administrative de cinq cents dollars (500 $), et une fois 1'amende payee, la personne n'est plus susceptible de poursuites judiciaires. Abrogation 13(1) L'arrete de The City of Saint John pris le 5 avri12004 et intitule Arrete concernant les limitations de poids dans The City of Saint John, Arrete N° MV-17, ensemble ses modifications, est abroge. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2022, avec les signatures suivantes 12 First Reading Second Reading Third Reading Mayor / Maire City Clerk / Greffier de la municipalite - March 7, 2022 - March 7, 2022 Premiere lecture Deuxieme lecture Troisieme lecture - le 7 mars 2022 - le 7 mars 2022 `ff- A 13 SCHEDULE "A" ANNEXE « A » Route to the Port & Digby Ferry Route menant an port et an traversier de Digby Ludlow Street (Route 1 Ramp to King Rue Ludlow (bretelle d'acces de la route 1 Street West) a la rue King Ouest) King Street West Rue King Ouest Market Place Place Market St. John Street Rue St. John Lancaster Street (St. John Street to Digby Rue Lancaster (de la rue St. John au chemin Ferry Road) Digby Ferry) Digby Ferry Road Chemin Digby Ferry Routes to Industrial Parks & interior streets Routes menant aux pares industriels et aux rues interieures King William Road Chemin King William Stinson Drive Promenade Stinson Bayside Drive Promenade Bayside Grandview Avenue (Bayside Drive to Avenue Grandview (de la promenade Industrial Drive) Bayside a la promenade Industrial) Old Black River Road (Grandview Avenue Chemin Old Black River (de 1' avenue to McAllister Industrial Park) Grandview au parc industriel McAllister) Industrial Drive Promenade Industrial Dedication Street Rue Dedication Expansion Avenue Avenue Expansion McIlveen Drive Promenade McIlveen Whitebone Way Voie Whitebone Route 100 Route 100 Ocean Westway between Manawagonish Voie Ouest Ocean entre le chemin Road and the exit from Route 7 Manawagonish et la sortie de la route 7 Manawagonish Road (Ocean Westway to Chemin Manawagonish (de la Voie Ouest Fairville Boulevard) Ocean au boulevard Fairville) Fairville Boulevard Boulevard Fairville Harding Street Rue Harding Main Street West (Simms Corner to Rue Main Ouest (de Simms Corner a la rue Harding Street) Harding) Bridge Road Chemin Bridge Chesley Drive Promenade Chesley Main Street (Chesley Drive to Union Rue Main (de la promenade Chesley a la Street) rue Union) Union Street (Main Street to Smythe Street) Rue Union (de la rue Main a la rue Smythe) Smythe Street (Union Street to Station Rue Smythe (de la rue Union a la rue 14 Street) Station Street City Road Rothesay Avenue Rothesay Road Station) Rue Station Chemin City Avenue Rothesay Chemin Rothesay Connection Routes Routes de raccordement Hilyard Street Rue Hilyard Paradise Row Rang Paradise Russell Street Rue Russell Thorne Avenue Avenue Thorne Loch Lomond Road (Bayside Drive to Chemin Loch Lomond (de la promenade McAllister Drive) Bayside a la promenade McAllister) McAllister Drive Promenade McAllister Crown Street Rue Crown Broad Street Rue Broad Prince William Street Rue Prince William Water Street Rue Water Saint Patrick Street Rue Saint Patrick Courtenay Bay Causeway Pont jetee Courtenay Bay `Me] COMMON COUNCIL REPORT M&C No. 2022-074 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Referral Response - 2022 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 Phil Ouellette Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends Common Council: 1. Approve the amended 2022 field, arena floor, and tennis rates, as presented on page 11 of M&C Report 2022-074. 2. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2022-074 (Attachment 'H'). 3. Direct the City Manager to develop recommendations for Finance Committee's consideration for the 2023 implementation for the Recreation Subsidization Policies, including, among others, the opportunity for additional P.R.O. Kids investment, additional affordability and competitiveness adjustments in the calculation of field rates, and further differentiation of field types in the assessment of rates. EXECUTIVE SUMMARY Common Council discussed the staff recommendations included in M&C 2022-065 (see Attachment B) during the March 7t" meeting and a resolution was adopted to refer to the matter back to staff to present an adjusted recommendation. This report seeks to achieve four outcomes: 1. Provide greater context and background on the Recreation Subsidization Polices ("RSP"). MAN -2- 2. Provide a summary of feedback collected from user groups as a result of a recent solicitation for their feedback. 3. (See Attachment A) Respond to the questions and concerns raised by Members of Council during the March 71h, 2022, meeting and those from feedback received from user groups. 4. Outline the updated staff recommendation for the implementation of the RSP. Staff's updated recommendation proposes that rates for sports field, arena floor, and tennis should remain at 2021 levels for the 2022 season, except for the rates of for -profit businesses, which will achieve 100% level of implementation in 2022. Staff's updated recommendation is as response to the ongoing impact of the public health pandemic on recreational users, user groups and the Saint John community. Staff have placed considerable effort in this report to underline the importance and rational behind the development and adoption of the Recreation Subsidization Policies. This policyframework achieves strategic outcomes in PlaySJ aimed at ensuring fair and equitable access to sport recreational facilities for user groups with a focus on community benefits and aligns with the City's Long Term Financial plan which provide a balanced approach to subsidizing recreation between taxpayers and the users who benefit from the service. While the implementation of the Policies is raising important discussions, staff advise that it is through the implementation of the policies that adjustments are warranted versus reconsideration of the adopted policies. REPORT 1. CONTEXT AND BACKGROUND ON THE RECREATION SUBSIDIZATION POLICES The City of Saint John's Parks and Recreation Strategic Plan — Play SJ, identifies various recommendations, including the rightsizing of sport, recreational and park facilities for the number of citizens they service and support. Play SJ sets benchmarks on the quantity of facilities the City should strive to maintain. When Play SJ was adopted in 2014, the City had 55 sports fields and 37 tennis courts. The City was ill-equipped to maintain a reliable level of service across that large number of recreational facilities, and the right -sizing exercise required the decommissioning of a variety facilities. Today, the City invests approximately $1.3 million annually in operating expenditures to support 28 sports fields, 8 tennis courts and 2 arena floors (the parks and recreation budget is much larger, when accounting for our supports to arenas, park assets, programming, etc). 171 -3- Play SJ also recommended a new path forward on an outdoor facility allocation policy: "The City of Saint John should develop or adapt an allocation policy for sports fields; based upon the principles of the City's Ice Time Allocation Policy that ensures fair and equitable access to facilities by all organized sports groups, and the community." The objective of this recommendation was to ensure that the City maintain its ability to manage access to recreational programs and facilities for the community. The recommendation for "fair and equitable access" within the policy also invites the need to differentiate between the types of recreational facilities (sports fields, tennis, arena floors) as well as the categories of users (youth, schools, adults, tournaments, etc). The vision of this recommendation, among other considerations, was embodied in the RSP, which was adopted by Council in 2019. The RSP acknowledge that taxpayers should not be the only financial contributor to outdoor recreational facilities, as the costs should be shared by those who directly benefit and use the facilities. The concept of a municipality charging fees above revenues generated through property taxation for defined services is a common practice, and various examples can be found in Saint John, including: admission to regional facilities, parking, transit, development charges, etc. The integration of user fees is embedded in the Operating Budget Policy approved by Council on April 271", 2018, which seeks a balance between taxpayer and user fee revenue in our programs and operations: USER CHARGES AND FEES 1. The City will seek to balance the need for services and the ability to raise fees, charges, and taxes to support those services. User fees will be assessed relative to the cost of providing the services; 2. Service areas should assess the cost of activities supported by user fees on an annual basis to identify the impact of inflation and other cost increases; 3 Council may decide against full cost recovery in cases where greater public benefit is demonstrated; 4. Service areas should develop cost recovery policies that will be used as a basis for setting the charges or fees, as well as the service cost recovery goals based on quantitative targets (percentage recovery targets) and how the charges and fees will be levied and collected; -4- In turn, most municipalities in Canada pay for their recreational facilities through a combination of user fees and taxpayers. However, many of these same municipalities do not intentionally define the precise balance between user fees and taxpayers, let alone user categories (i.e. youth, adults, for -profit, etc). Prior to 2019, the City of Saint John took an ad hoc approach to recreation subsidies and did not define this balance, and the recreational rates were characterized by a multitude of compromises, concessions, and one-off agreements over decades of interactions between staff and user groups and lacked a thoughtful approach to subsidies based on desired community benefits. The 2019 General Fund Operating Budget included that City of Saint John taxpayers would spend $6.9 Million on operating costs and a further $2.8 Million on subsidies for Parks & Recreation - related services. Individuals, through user fees, would contribute $876,000 to offset a portion of the operating costs. This estimated operating cost recovery percentage from user fees in 2019 was 11% and was unable to clearly define differential subsidization levels between categories of users and facilities. The decision to proceed with RSP was premised on inviting greater transparency, consistency, and predictability in application of rates. The City is not alone in this deliberate and transparent approach in balancing user fees with taxpayer subsidization, as there are many cities that have chosen to proceed with user subsidization policies, including Halifax Regional Municipality ("HRM"), Edmonton, Brantford, Leduc, Calgary, Abbotsford, among others. Saint John's polices were modelled from the policies adopted by the HRM. In a February 261n 2019, a HRM Council Report advised the following (see Attachment C for complete HRM Report): "During the 2016/17 budget and business planning process, Parks and Recreation identified the need to conduct a review of all recreation fees to assess the existing fee structure of various services offered and to develop fee optimization practices that will improve the consistency and sustainability of service delivery to HRM citizens. As a result, an external consultant, KPMG, was engaged to assist with that analysis, including completion of a jurisdictional scan of best practices and provision of recommendations. Their analysis and final report was recommended that the Municipality implement a fee structure based on cost per utilized hour for each rental type. `IFW -5- HRM currently does not have a consistent approach when determining rental rates for bookings. Pricing models differ in a number of areas including between hourly rates to daily rates, prime time versus non -prime time usage, as well as variation in prices for similar assets and application of subsidies." When City of Saint John staff were researching and developing the RSP, they ensured that their recommendations were informed through the Cost Recovery Pyramid Methodology, which highlights that services that offer greater community benefit are subsidized more by taxpayers. Services that offer greater individual benefit are subsidized less by taxpayers, where funding to maintain the service is more dependent on user fees. Cost recovery from users, measured in percentage, defines the appropriate split of community versus individual benefit; the Cost J.1 Recovery b°�� M Pyramid / e+woti 1� MOSTLY INDIVIDUAL Benefit INDIVIDUAL f COMMUNITY\ Benefit COMMUNITY f INDIVIDUAL Benefit 4.6 r" e3° COMMUNITY :mot; BeneflI greater the percentage, the greater the Individual benefit. The figure below describes some of the factors that could be used to determine the appropriate cost recovery percentage. C Community Benefit • Recreation based sport • Youth or Seniors based • Benefits many participants • Benefits residents • Economic benefits Individual Benefit • Elite sport • Adult -based • Benefits few participants • Benefits non-residents At the time, City staff researched municipalities to identify available best practices of cost recovery percentages for outdoor recreational facilities. The best source of data was found from HRM (see Attachment Q as a result of their consultant's financial analysis and recommendations, which recommended the following recovery targets for HRM (staff have also included HRM's April 151, 2022 cost recovery table for additional reference in Attachment Q: ` FM -6- Facility Type Corporate Cost Recovery % Adult Cost Recovery % Youth Cost Recovery Arenas 100% 100% 80% Arenas (Floor) 100% 100% 80% Ballfields 100% 100% 50% Courts 100% 100% 80% While these HRM targets helped inform the RSP in Saint John, Saint John staff chose to tailor the rates to the Saint John context. Saint John's policies stipulate that youth, schools and tournaments' should receive a larger taxpayer subsidization due to the nature of the user or the impact that such users have on the economic impact they generate for the City (i.e. tournaments). On the other hand, adults and for -profit organizations should receive a smaller taxpayer subsidization. The adopted RSP defined the following user fee cost recovery percentage: Full Implementation Recreational Subsidization User Category policies Adult Residents 90% Youth Residents 60% School Teams (from Saint John 60% schools) Tournaments 60% For -Profit 100% Businesses While the RSP outline levels of cost recovery, they are not entirely accurate, as it does not account for the City's application of 50% reduction on the total operating costs of outdoor sports fields and arena floors when these cost recovery percentages are applied. The application of this 50% reduction is to invite greater affordability and competitiveness in rates. This 50% reduction signifies that the cost -recovery percentages in the RSP are not fully accurate, as the subtracted 50% from the total operating costs translates into additional taxpayer subsidization. The more accurate cost recovery percentage in this scenario is the following: ' Tournaments that can demonstrate 20% of their participants are from outside of the Greater Saint John area are able to access the youth rate per hour. MAN -7- • youth user rates are supporting 30% of cost recovery for sports fields while taxpayers are supporting 70% of the costs. • adult user rates are supporting 45% of cost recovery for sports fields, while taxpayers are supporting 55% of the costs. It should be noted that capital costs are not integrated into the assessment of total annual operating expenditures, in addition to the full-time sport liaison position that oversees the City's sports booking software, and day-to-day interaction with user groups. A full breakdown of how staff calculate rates is included in Attachment'M'. Throughout the process of developing and implementing the RSP, ongoing engagement, consultation and notification has occurred between the City of Saint John and the approximate 50 user groups that support outdoor recreation programming in our community. This engagement is above and beyond the extensive engagement exercise that occurred in the development and adoption of Play SJ. In 2016, the City's operating budget sought an additional $93,000 from sports field users. Various engagements occurred between City staff and Council during this period, which included engagement and consultation with user groups. A large engagement exercise was held on February 261h, 2016, with over 50 user groups represented to run through the planned approach on rates at the time. While these were challenging discussions, the efforts to introduce a new balance between user fees and taxpayers only resulted in an 8% cost -recovery level from sports user fees at the time. This was a 1% increase in user fee subsidization -levels from the previous year. This was in stark contrast to the 43% cost -recovery level from arena users that was achieved at the time. This lack of equality between recovery levels from ball field and arena users remained unresolved until discussions on an updated cost -recovery model emerged in 2019. City staff held a nearly three-hour meeting with all sports user groups on January 16, 2020 (see Attachment D for Power Point presentation used during this session). The presentation and discussion focused on why change was needed in user fields, how user groups can contribute to the process and policies, and finally, how the policies will impact each user group. After the session, staff followed -up with emails and phone calls to collect additional feedback. The feedback received from user groups was that if the rates were to occur all in one year, it would be too large of an impact for all users. User groups requested adjustments in the -8- implementation of the RSP. As a result, staff recommended to Council a three- year gradual implementation of the RSP cost recovery targets for users (see M&C 2020-58 in Attachment E). Another consultation session occurred on June 1, 2020, specifically with ballfield user groups, in order to receive feedback on COVID-19 recovery and ultimately adjust the service restoration plan for sports field maintenance. Another virtual meeting was held on February 81", 2021, where City staff shared its updated recommendation to 2022 rates, which proposed a smaller than expected cost - recovery level than was previously intended. All user groups were invited to this session, which invited discussion from the group on rates, how they are calculated and further discussion on philosophy underpinning the RSP. Every year since the adoption of the RSP, staff have informed user groups of the recommended implementation of new rates as well as the date of the Council meeting that would discuss the rates. Once rates are approved, staff inform user groups of the new rates and invite user groups to submit their scheduling requests for the upcoming season. 2. SUMMARY OF FEEDBACK COLLECTED FROM USER GROUPS Staff sent an email to all outside facility user groups on March 81" with the following request: "To complete the staff recommendations, I am inviting all user groups to provide written submissions on your thoughts on the proposed approach highlighted in the report that was discussed by Council on Monday March 71" (see item 5.17 in the following link). I would ask that it be only one submission per user group to make the feedback manageable. Although you are of course free to suggest anything you wish, I would remind you that our recommendations will be, in part, based on the realities of the City's financial situation. For your submissions to be realistic, they too should keep our overall finances in mind. Any submissions received will be considered during the staff analysis and will be provided to Council for their information. In short, they will see what you submit. To achieve the necessary timelines, all submissions must be received by Sam on Monday March 14tn " It should be noted that the invitation to submit feedback was sent to 43 recipients, representing 54 different leagues and user groups (field hockey, lacrosse, soccer, rugby, ultimate frisbee, soccer, football, baseball, softball, etc). For reference, our breakdown of usage in 2021 was the following: `rrA -9- Field Type % of users Ballfield Youth 15% Ballfield Adult 48% Multipurpose Youth 33% Multipurpose Adult 4% As of Tuesday March 151", City staff received a total of three submissions (see submissions in Attachment F). Submissions were received from representatives from Alpines Baseball, Black Bears Girls Youth Softball and Port City Pirates. The primary themes generated from the responses include: • Rate increases will hinder the development of sports in the area, and potentially keep some families from ultimately registering to sport and recreational programming. • The proposes increases in rate will force user groups to increase their dues. • The City should consider further subsidizing youth rates through taxpayer contributions. • The Alpines support the proposed Adult Rates presented on March 71n (i.e. Council will recall that the recommendation on March 71" was slight decreases in rates for adult users), and propose maintaining the 2021 rates for youth in 2022. • The Pirates indicated that they would be submitting correspondence directly to Council on their position on user rates, but staff have not received this correspondence as of Thursday March 171h, 2022. Instead, staff have attached the questions they shared with staff in preparation for their position paper. 3. QUESTIONS AND ANSWERS Staff have assembled a 'Questions -and -Answers' document (see Attachment A) which seeks to respond to feedback and questions received from Members of Council and user groups. 4. UPDATED STAFF RECOMMENDATION Staff's updated recommendation proposes that rates for sports field, arena floor, and tennis courts should remain at 2021 levels for the 2022 season, except for the rates of for -profit businesses, which will achieve 100% level of implementation in 2022. Staff acknowledge that the implementation of the RSP has been difficult on user groups, but no one could have predicted the public health pandemic and its `rE:1 -10- corresponding impact on sport and recreation. While staff introduced an incremental approach to implementing the RSP in 2020, it was adjusted in 2021 due to pandemic and staff are once again proposing adjustments to the implementation in 2022. In M&C 2022-065 (see Attachment B), Staff recommended against proceeding with a 100% level implementation of the RSP, and instead, chose to recommend an additional 10% implementation level. While this was intended to be a compromised approach, after receiving feedback from Members of Council and user groups, the financial impact was evidently too significant for our community who is still recovering from the impact of the public health pandemic. Another important factor in staff's decision in recommending no additional rate increases in 2022 is due to our continued reliance on 2019 user data to calculate the implementation of RSP today and corresponding rate increases. As 2019 was the last year of reliable recreation user data, staff have been using that year's data to calculate rates, but staff believe that rates should evolve with the annual rate, nature and frequency of play, which could not have been achieved when using data from 2020 or 2021, as COVID-19 hampered any normalcy in recreational offerings. However, 2022 is expected to introduce a more typical annual year of recreational usage, which will be valuable in generating updated rates for the implementation of the RSP in 2023 and 2024. Implementation Modified Cost Recovery % by User Category 2020 40% 2021 60% 2022 60% 2023 Adult 100% vouthso/ 2024 100% Full 100% Adult Residents 36% 54% 54% 90% 90% 90% Youth Residents 24% 36% 36% 48% 60% 60% School Teams (from Saint John schools) 24% 36% 36% 48% 60% 60% Tournaments 24% 36% 36% 48% 60% 60% For -Profit Businesses 40% 60% 100%* 100% 100% 100% * There are currently no known for -profit businesses that utilize outside recreational facilities, so there is no immediate financial benefit of this change, but it will position the City in the future for such scenarios. -11- The following table displays the 2022 updated staff recommendation. Council is approving the percentage level of implementation of the RSP, not the specific rates, outside of those for 2022. Staff will continue to present updated rates on an annual basis for Council consideration, which are prone to fluctuate due to usage. The 2023 and 2024 identified rates in the below table are calculated using 2019 user data and should not be interpreted as approved rates. The approach for 2023 and 2024 is shown to indicate preliminary staff thoughts on the future years. Staff is NOT seeking approval for 2023 and 2024 within this report. Only the 2022 rates are being recommended at this time. 2021 2022 2023 2024 Facility Category Approved Recommended Recommended Recommended Type Hourly Rates Hourly Rates Hourly Rates Hourly Rates (+ HST) (+ HST) (+ HST) (+ HST) Class A Achieve 90% cost Achieve 90% cost Field Adult $56.00 $56.00 recovery target recovery target Class A Achieve 48% cost Achieve 60% cost Field Youth $24.00 $24.00 recovery target recovery target Shamrock Achieve 90% cost Achieve 90% cost Field Artificial — $97.00 $97.00 recovery target recovery target Adult Shamrock Achieve 48% cost Achieve 60% cost Field Artificial — $59.00 $59.00 recovery target recovery target Youth Class B Achieve 90% cost Achieve 90% cost Field Adult $38.00 $38.00 recovery target recovery target Class B Achieve 48% cost Achieve 60% cost Field Youth $9.00 $9.00 recovery target recovery target Arena Achieve 90% cost Achieve 90% cost Floor Adult $61.00 $61.00 recovery target recovery target Arena Achieve 48% cost Achieve 60% cost Floor Youth $40.67 $40.67 recovery target recovery target Shamrock Courts 1-5 — Achieve 90% cost Achieve 90% cost Tennis Adult $14.84 $14.84 recovery target recovery target Shamrock Courts 6-8 — Achieve 90% cost Achieve 90% cost Tennis Adult $8.91 $8.91 recovery target recovery target Shamrock Courts 1-5 — Achieve 48% cost Achieve 60% cost Tennis Youth $9.90 $9.90 recovery target recovery target Shamrock Courts 6-8 — Achieve 48% cost Achieve 60% cost Tennis Youth $5.94 $5.94 recovery target recovery target Staff will investigate whether the 50% reduction in total operating costs the calculation of rates needs to be revisited, in order to ensure that rates remain `E:ii1 -12- affordable and competitive with the evolution of usage. Staff also intend to investigate whether additional operating investment could be identified to further support P.R.O. Kids in the coming years, further equipping users to access sport, recreation and art programming in Saint John. The P.R.O. Kids program plays a critical role in the City's recreational offering, as it offers direct financial support to those kids and family that are facing barriers to accessing much needed recreation, wellness and art programming in Saint John. This program aims to ensure all youth in Greater Saint John can participate in positive recreation opportunities, regardless of potential financial barriers. The program matched over 600 children in 2021 with financial support to participate in recreational programming in Saint John, and the hope is that the program will reach even more children in 2022. The eligible costs in the PRO Kids program include: equipment, registration fees, membership dues, small musical instruments, among others. The top activity selection for recipients of P.R.O. Kids funding include (ranked highest to lowest): soccer, hockey, gymnastics, dance, music, cheerleading, swimming, basketball, football, martial arts, baseball, summer camps, horseback riding, boxing, skating. As mentioned in the previous M&C 2022-065 (see Attachment B), the recommended updates to the Outdoor Facility Allocation Policy are highlighted to this report (see Attachment H). The proposed updates are primarily related to dates, a new gender equity section, the of Sports Facility Code of Conduct, and updates associated with cancellation deadlines. Conclusion and Future Considerations Common Council engaged on an important discussion as it relates to priorities and the centrality of quality -of -life and recreation when the initial report on 2022 user rates was before Council on March 7th, 2022. Some Council Members attributed the implementation of the RSP as a step in the wrong direction associated with Council Priorities 2021-2025 and the priority of recreation and quality -of -life investments. Staff feel it is important to respond to these comments and offer some guidance to Council. This report has meticulously outlined the origins or the RSP, how it was developed, why it was developed and why the City is well -served to continue pursuing its implementation. Most importantly, this report highlights how the RSP has introduced enhanced transparency, fairness and alignment in the level of user rate cost recovery in the City's outdoor facilities. From staff's perspective, RSP remains the best model, as it can differentiate rates according to facility and user -13- categories and builds alignment with other user fees in the family of recreational offerings in Saint John. In the event Council was interested in further discussing its prioritization of recreation and quality -of -life offerings, staff would recommend that such discussions are welcomed in three upcoming opportunities. Staff would caution Council to act upon its prioritization of quality -of -life and recreation through this isolated discussion of the RSP, as new levels of investment are better suited when it is part of a broader discussion on all investments and all priorities. For example, if Council were to forgo additional revenue generated through the implementation of the RSP indefinitely, further deliberation would be warranted on why this one particular user fees is receiving reductions while others are not (i.e. transit, development charges, arena user fees, parking, etc). Further, necessary deliberation should also occur to determine if the loss of revenue from no longer implementing the RSP would yield the largest impact, respond to the most important demands and most strongly aligning with the City's strategies and plans in quality -of -life and recreation. In other words, perhaps there are more effective and impactful investments Council could make to improve quality -of -life and recreation than to forgo needed user fee revenue from the RSP. Staff encourage such broader discussions about the successful level of prioritization and spending on recreation and quality -of -life services, through three upcoming initiatives: 1. Budget 2023 —Council members are well -positioned to debate the relative prioritization of municipal services or offerings through budget deliberations. 2. Long -Term Strategic Plan — This document will guide the City over a 10- year period, and will set new ambitious targets for our communityto strive to achieve. 3. Five new recreational programs — In 2022, staff will present five new recreational programs for Council considerations, which will invite an opportunity for Council to consider whether these improvements are sufficient for the level of prioritization established by Council Priorities 2021-2025. PREVIOUS RESOLUTION December 16, 2019 — RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-332: RSP - Sustainability Item, Common Council endorse the RSP as described in M&C 2019-332: -14- • 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 February 24, 2020 — RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2020-58: Summer 2020 Sports Fields, Arena Floor, and Tennis Rates Common Council approve the Summer 2020 Sports Fields, Arena Floor, and Tennis Rates presented in Table 2 of M&C 2020-58; and approve the updated Outdoor Facility Allocation Policy, attached to M&C 2020-58. February 8, 2021 — RESOLED that as recommended by the City Manager in the submitted report entitled M&C 2021-021: approve the 2022 sports field, arena floor, and tennis rates, as presented in Table 3; approve the updated Outdoor Facility Allocation Policy, as attached. March 7, 2022 — M&C 2022-065 was referred to staff to address youth rates. STRATEGIC ALIGNMENT This report aligns with the following Council Priorities: Belong, Grow, Perform. SERVICEAND FINANCIAL OUTCOMES It was estimated in M&C 2022-065 that the City is likely to lose $46,000 in revenue in 2022 if rates were to be held at 2021 levels. Staff will report back to Council at year-end on the impact on outside recreational facility revenue as a result of a 2022 decision to hold rates at 2021 levels. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS As mentioned through this report, feedback and guidance has been received consistently from user groups through the process of RSP implementation. In addition, guidance on this report was offered by the Growth and Community `E:191 -15- Services team, Public Works and Transportation, Finance and Administrative Services and the City Manager's Office. ATTACHMENTS Attachment 'A' — Questions and Answers Attachment 'B' — M&C 2022-065 — March 7th, 2022 Council Report on 2022 rates for sports fields, arena floors and tennis courts Attachment'C' — February 26, 2019 Halifax Regional Municipality Council Report — Parks and Recreation Fee Structure Review Attachment V - Sports Facility User Groups Sustainability Consultation Power Point Presentation, January 16, 2020 Attachment 'E' — M&C 2020-58: Summer 2020 Sports Fields, Arena Floor, and Tennis Rates Attachment'F' — Submissions from outdoor facility user groups Attachment — User rates from other Canadian jurisdictions Attachment 'H' — Recommended updated 'Outdoor Facility Allocation Policy' Attachment 'I' — Power Point presentation summarizing report Attachment'J' — City of Saint John Field Service Standards (minus ball fields) Attachment'K' — City of Saint John Ball Field Service Standards Attachment'L' — 2022 HRM Recreation Cost Recovery Table Attachment'M' — Breakdown of how staff calculate rates `E:il -16- `E:1•'1 Attachment A - RESPONDING TO THE QUESTIONS AND CONCERNS a. What is the standard of our outdoor recreation facilities? The City has an annual operating budget of approximately 1.3 million to support tennis courts, sports fields and arena floors. This supports 15 operations employees. The total operating cost do not incorporate the full-time sports liaison position within the Community Services team, who receives booking requests from user groups and is in daily contact with user groups. In addition, this operating budget does not account for the capital investments made to outdoor sporting facilities. The City's maintenance towards its fields is governed by the Field Service Standards (see Attachment J for ballfield standards and Attachment K for standards for all other fields), which outline the quality of service for each particular field type. For every booking of a ballfield, for example, staff ensure one field lining and infield drag. Staff can also offer extra linings for an additional fee. For soccer and football, staff line fields at least once a week, but staff do respond to request from users for additional lining on a case -by -case basis. Staff are also mowing fields weekly, on average, and upon need. Garbage pick-up occurs daily, and upon need. Staff plan in advance to ensure that necessary gates are open to access outdoor facilities, and staff will respond immediately in the event a gate is locked for a booking. These sport field standards have improved dramatically over the past years, but the standards cannot be upheld consistently due to demand. Staff continue to improve service delivery models to achieve the strongest level of supports within the available resources. In 2021, the City increased its services at many fields by increasing the staff presence from 4 to 7 days a week. This enables staff to address user concerns more quickly, work on field maintenance consistently and tackle lower priority items at those fields which have historically been more difficult to prioritize. Staff are continuously looking at ways to improve field quality and service while working within the resources available in the budget. In addition, as part of the 2022 work plan, the City is looking to introduce five new recreational programs in Saint John, which is expected to be presented to Council no later than Q3 of 2022. In addition, as part of the 2022 quality -of -life capital investments, the City of Saint John is investing on variety of projects, totaling $200,000. These investments include upgrades to Shamrock Park, Memorial, Alison Grounds and Forest Hills. b. How does the City of Saint John compare to other comparable municipalities as it relates to rates? `E:N As mentioned in M&C 2020-58 (see Attachment E), comparing Saint John's recreation facility rental rates with rates charged in other jurisdictions is difficult and can easily lead to misinterpretations. Staff have assembled an inventory of rates from other municipalities (see Attachment G (Saint John rates identified in this table assume 2021 rates for 2022) for rates from Hampton, Quispamsis, Fredericton, Moncton, Halifax)), but before reviewing them, there are many factors that should be considered before making direct comparisons with the City of Saint John, including: • The City of Saint John's user fee subsidization percentage are not according to the full operating costs of service, as Saint John only applies rate subsidization levels according to a 50% reduction of the full operating costs. • A thorough analysis of population demographic, geographical distance between facilities, users, number of fields, number of user groups, level of service, common criteria for capturing operating costs, quality and size of the facilities, and season length would be required in order to ensure that the numbers from each jurisdiction are comparable. • The level of commitment and subsidization to P.R.O. Kids would also need to be considered in this comparison, as that is a form of additional municipal subsidization towards recreational programming. • The quantity of non-resident users and whether the municipality pursues additional revenue from these users would also need to be considered. • The total quantity of municipal investment to all parks, sports and recreational offerings would also need to be considered, and whether other municipalities are investing in different facets of the broader family of services and offerings across quality -of -life programs and assets. For example, how many other municipalities heavily subsidize the operational and capital expenditures of an arts center, a large sporting arena and an Olympic -sized pool and fitness center (in addition to support of the operating budget of a world -class theatre). While acknowledging that the implementation of RSP will be challenging for user groups, City staff believe that the pursuit of the full implementation of the RSP remains fair and competitive. When comparing equivalent fields with surrounding municipalities, the Saint John rates from the 2021 season are higher in some categories, but lower and comparable in others. The City's rates for the Emera Field are cheaper than those of UNB Saint John Field in both the adult and youth categories. When comparing Memorial baseball field with Kiwanis Park baseball diamond in Moncton, Saint John's hourly rate is cheaper, and Saint John does not charge for lights. Hampton's youth rate for a two-hour game which includes the use of lights is $49, while to the City's rate for the same time slot is $55.20 (taxes included). When comparing to the City of Moncton the youth rate for Rocky Stone turf field, Saint John's rate is cheaper, and Saint John ` IYA does not charge for lights. The table provided in attachment 'G' also highlights how some communities do not differentiate between youth and adult rates. c. Is the City planning on improving recreational services as additional revenue is achieved through the RSP? The intention of the RSP is to help offset the costs to operate and maintain the fields, and thus, ensure that in the longer -term, the City can offer reliable, consistent, and high -quality recreational facilities to citizens and user groups. The City has prioritized recreation through Council Priorities 2021-2025, and a variety of programs and improvements are expected over the coming years. Some of the current and past improvements in recreation are captured in question 'a' of this Questions and Answer document. d. Could the City just stop implementing the RSP and hold rates at 2021 levels indefinitely? RSP strives to achieve a balanced approach to user rate versus taxpayer subsidization, which will only be achieved once it is fully implemented. In the event the RSP would not proceed to full implementation, the City would not access the necessary revenue to offer reliable, sustainable and competitive recreational services. In addition, the subsidization levels for outside recreational facilities were established with the intention of building greater balance with subsidization levels at winter arenas, which are currently achieved full implementation of corresponding cost -recovery targets. This would create in imbalance between recreational offerings and invite criticism of unfair and unequal treatment across user groups and facilities. e. What is the current subsidization rate of other recreational services, including those delivered by agencies, boards and commissions? The RSP did not incorporate municipal assets not owned and operated by the City, including assets that fall under Regional Facilities. CGAC and TD Station are part of Regional Facilities and their operating budgets are supported by provincial legislation requiring proportional cost -sharing amongst regional municipalities. These facilities are owned by the City, but they are not operated by the City. These agencies present their yearly budget to the Commission, comprised of one Council member from Rothesay, Quispamsis, and Grand Bay and two from Saint John. The total amount is disturbed to each municipality to pay based on tax base of Rothesay, Quispamsis, Grand Bay and Saint John. Saint John portion accounts for approximately 66% of total operating costs annually. It should also be noted that Regional Facilities set their own rates because they are independent. `E:1:3 f. Have user groups been consulted and informed about rates increases as well as the RSP? This is extensively covered in Section 1 of M&C 2022-074, which underlines the transparency of the RSP as well as the level of engagement across many years that was facilitated with user groups. g. All sports do not appear to be broken down in outside recreation rates (i.e. ball fields, multi - pitch, etc)? The City does break down costs between ice sports (including hockey), tennis, and field sports and rates are based on these different categories of costs. Currently all field sports fields (base/softball and multipurpose) are represented by the same set of sport field rates. Within this broad category however, there are three sub -groupings, including Class A, Class B and Emera fields. City staff would like to further breakdown these types of outside fields in the coming years, to offer even more tailored rates according to cost (this would include ballfields). h. Could the City increase its overall operating budget to support these recreational facilities? If the City increases the total operating costs associated with fields, tennis courts and arena floors, while everything else remains the same (rates and usage), rates will also increase. In turn, if we decrease operating costs, rates will decrease (while everything else remains the same). This occurs as the balance of user fees and taxpayer subsidization is measured according to the total operating budget. To this point, the overall annual operating costs associated with sports fields have decreased from 2020 to 2022 by approximately $230,000, which is the result of continuous improvement initiatives and service reductions that were implemented as part of the City's overall Sustainability Plan. These efficiencies have a direct impact in reducing rates for user groups. i. What would occur if user groups increased their usage and there is increase demands in outdoor recreational programming? If usage increases, the overall rate will decrease, as we have more users spread over the same amount of annual operating costs. If usage decreases, the overall rate will increase, as we have less users to support the total annual operating costs. City staff would like to point out that there are always still available times for user groups to book, but they tend to be on the weekend, `E:1%7 which is not a preference of user groups. User groups prefer evening booking during the weekdays. j. Why is it difficult to assemble a per player fee associated with the proposed new rates? There are a variety of factors at play when determining a per player rate, as the fees users are charged are only partially due to municipal recreational rates. User groups set program fees for their users, which are informed by a variety of costs, including: municipal user rates, insurance, uniforms, umpires, equipment, summer staff wages, promotional material, among others. Also, some teams only play once a week, while other teams have three practices a week plus a game, which would also impact the full cost of municipal rates on user groups. In turn, some sports and user groups prefer or require the use of particular fields, which in turn could drive additional costs, as the City holds three different field types (Class A, Class B and Emera Field) across two different user categories (youth, adults), each of which with different rates. Staff have assembled some basic per player rate impacts associated with a 70% level of implementation for RSP (as proposed on March 71h, 2022), in order to offer some response to this question: Youth Recreation Field time per Season Rate Increase Rate Increase Team week Duration Per Player per Per hour per (B Level Field) season player of field time 15 players 1 10 weeks $17.33 $1.73 Youth Competitive Field time per Season Rate Increase Rate Increase Team week Duration Per Player per Per hour per (A Level) season player of field time 15 Players 2.5 14 weeks $56.00 $4.00 Youth Field time per Season Total Rate Increase Rate Increase Competitive week Duration Per Player Per hour per Team per season player of field time 15 Players 1.5 (A Level game) 12 weeks $38.40 $49.60 $4.13 $88 Field time cost per player is related to length of season, hours per week on the field and level of field the participant uses. Many associations have varying season lengths and weekly offerings. The calculations outlined in the above table illustrate that the rate increases (as proposed in the March 71h Council report on this matter) yielded minor increase for the recreational youth user `RX per game. Recreational youth users would be expected to pay an additional $1.73 an hour for the use of fields, which assumes that the user groups would transfer the full rate increases to their users. k. What are the areas of possible improvement or adjustment in the implementation of the RSP? All municipal programs strive to improve and respond to feedback, and that includes the RSP. As mentioned in question 'g', City staff would like to further breakdown these field types in the coming years, to offer even more tailored rates according to cost. We must also continuously match the demand of particular types of fields with the supply being offered by the City. There are a variety of types of fields, from softball, baseball, soccer, football, adult versus adult, and the City must ensure that these specific field types respond to the evolution of demands originating from user and user groups. In addition, as part of the 2022 work plan, the City is looking into introducing five new recreational programs in Saint John, which is expected to be presented to Council in Q4 of 2022. As part of the recommendations staff will be investigating for 2023 rates, additional analysis will occur on the possibility of further investing into P.R.O. Kids to further support financial barriers to recreational services. Staff will also investigate whether the 50% reduction in total operational costs in the calculation of rates needs to be revisited, in order to ensure that rates remain affordable and competitive with the evolution of usage. I. In the M&C 2022-065 from March 7t", staff proposed a jump from a 60% level implementation to a 70% level implementation, versus a 100% level implementation. Why did this smaller 10% increase in the implementation of RSP equate to the doubling of field rates for youth? The reliance of taxpayer subsidy over ratepayer subsidy is the largest for youth, schools and tournaments, as these are groups identified by the policies as higher priority and should be expected to pay less than adults and for -profits. However, total usage and quality of fields are also variables when calculating proportional rate adjustments as defined by the policies. While there are more youth than adult users in Saint John, adults overwhelmingly use higher quality fields (Class A fields and Emera field), which comes with higher rates. On the other hand, youth overwhelmingly use lower quality fields (Class B fields), which comes with lower rates. Therefore, youth rates must be adjusted upwards on lower quality fields to achieve the user fee revenue targets established by the RSP. When viewing the proposed rates for 2022, the above partially explains why youth rates are increasing at a faster pace than adult rates, but further explanation is warranted to explain why adult rates also decreased during this same period. Over the past year, staff have discovered that some user groups were being charged only the youth rate for fields, when their membership is mixed between some teams that are youth and some teams that adults. To ensure fairness and uphold the policies, staff has made the necessary adjustments to decrease the number of youth users represented by these groups and increases the number of adult users represented by these groups. This has created a scenario where additional usage, and thus additional revenue, has been generated to achieve the desired adult user fee subsidization levels, and decreased the usage, and thus decreased revenue, has been generated to achieve the desired youth user fee subsidization levels. In essence, this has required a greater reliance on youth rate increases and reduced the requirement of adult rate increases in 2022. Another observation is that when the policies were adopted, not all user groups started at the same level of proportional level of reliance on user rates versus taxpayer subsidization, which impacts how much rate increases are needed for some user groups over others. The policies still ensure that youth users will be charged less rates and receive greater taxpayer subsidization than adult users, however, the gap between the 2019 starting point for youth users to the policies' objectives of 60% recovery from rates is a larger gap than the 2019 starting point for adult users to the policies' objectives of 90% recovery from rates. In other words, adults were already paying more rates proportionally than youth when the polices were adopted in 2019, signifying that youth rates have a longer trajectory to achieve the policies' recovery objectives than adults. This in turn signifies that the ongoing implementation of the policies will see larger proportional increases in the rates of youth than those of adults. With the expectation of more regular year of usage in 2022, the data will be useful to bring froward the recommendation for the full implementation of the RSP in 2023, including the full implementation of policies' rates. m. Does the City of Saint John offer a weaker recreational offering than other comparable cities? The City did complete a significant operational review in 2020, which included a benchmarking exercise. This benchmarking exercise was supported by four comparator cities across Canada (Halifax, Thunder Bay, Sudbury, Regina) and used a national best practice benchmark to complete the comparison. For sport and recreation, the national benchmark was: annual number of unique users for directly provided registered programs as a percent of population. According to the feedback received from the consultant tasked with this analysis, the City of Saint John received a score of 15.71%, while the average of the four comparator cities received a lower average of `LOy, 6.30%. According to the feedback from the consultant, the City of Saint John is achieving stronger outcomes than other comparator cities. `&ON Attachment B COMMON COUNCIL REPORT M&C No. 2022-065 Report Date February 28, 2022 Meeting Date March 07, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: 2022 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 Phil Ouellette Jacqueline Hamilton I John Collin RECOMMENDATION Your City Manager recommends Common Council: 1. Approve the 2022 sports field, arena floor, and tennis rates, as presented in Table 3 of M&C Report 2022-065. 2. Approve the updated Outdoor Facility Allocation Policy, as attached to M&C Report 2022-065 (Attachment 'A'). 3. Direct the City Manager to return to Common Council in 2023 with a recommendation for the full implementation of the Recreation Subsidization Policies and the corresponding sports field, arena floor, and tennis rates objectives. EXECUTIVE SUMMARY Common Council approved the Recreation Subsidization Policies ("policies") (Attachment 'B') on December 16, 2019. An incremental approach for the implementation of those policies was then outlined in M&C Report 2020-58 (Attachment 'C') to Common Council on February 24, 2020. The rates in 2020 achieved 40% of the cost -recovery percentage targets outlined in the policies. While the original plan was to increase rates to 70% of the policies recommendations in 2021, staff recommended, and Council adopted a rate increase of 60% given the challenges our community was facing due to COVID-19. `MEI -2- The 2022 sports field, arena floor, and tennis rates being recommended within this report reflect another phase of the iterative plan, now seeking 70% of the policies recommendations. Staff are proposing a smaller increase than would have otherwise been expected due to the continued challenges our community faces as a result of the public health pandemic and to access more up-to-date user data to support the ongoing implementation of the policies. Staff have been reliant on 2019 field, arena floor and tennis user data to support the implementation of the policies. With the expectation of more regular year of usage in 2022, the data will be useful to bring froward the recommendation for the full implementation of the Recreation Subsidization Policies in 2023. As will be reviewed in this report, there are modest rate increases projected for arena floors and tennis courts for both adults and youth. As it relates to fields, adult rates see no major fluctuation, but youth rates will see a more significant proportional increase in rates. There are various factors that have resulted in this phenomenon, but it does not compromise the policies' objective of ensuring that user fees will only account for 60% of cost recovery for youth, while it is 90% for adults. Updates to the Outdoor Facility Allocation Policy are being recommended, as highlighted in the attachment to this report (Attachment 'A'). The proposed updates are primarily related to dates, a new gender equity section, the addition of Sports Facility Code of Conduct, and updates associated with cancellation deadlines. REPORT Background — An Incremental Approach Common Council approved Recreation Subsidization Policies ("policies") on December 16, 2019, which bring a new vision for cost recovery in the usage of City -owned recreational facilities. The policies highlight the goal of achieving a new balance between individual user fees and taxpayer investment in the delivery of recreational services, while also reflecting appropriate cost -recovery percentages for various user categories. For example, Play SJ recommends that youth recreational participation should be prioritized; therefore, that category has a cost -recovery target of only 60% once full implementation of the policies has occurred. During the development of the policies, City staff also determined that only 50% of operational costs should be used as the base for calculating cost -recovery for `11106191 -3- sports fields and arena floors. This decision to apply the cost -recovery percentages to only half of the actual costs was made to ensure the rates for these recreational facilities were still priced at a level that remained competitive in the market. While the immediate implications of the new policies will result in an increase in fees for user groups, the longer -term objective is to offer reliable, consistent, and high -quality recreational facilities to citizens and user groups. Staff maintain regular contact with recreational user groups through our sports booking programming, and we continue to receive feedback from these groups on the impact of these rate increases, and the fear that programming will become unaffordable for recreation -based organizations and their members. It is for this reason that on February 24, 2020, Council adopted staff's recommendation for an incremental approach to implementation over a three-year timeframe (2020- 2022) to achieve the desired targets of the policies, in order to provide more time for user groups to adjust their own fees for their members. A partial (40%) implementation of the policies was approved in 2020 for sports field, arena floor, and tennis rates. In 2021, the recommended rates were originally planned to reflect a level of 70% implementation; however, given the challenges our community was facing due to COVID-19, it was felt that a 60% implementation level was most appropriate. While a 100% implementation was initially planned for 2022, as per the three-year incremental approach, for a variety reasons staff believe it is most prudent to proceed with 70% implementation in 2022. Staffs decision not to proceed with 100% implementation and proceed with a 70% implementation are supported by various factors, including: • The Recreation Subsidization Policies was adopted by Common Council to achieve a new and more sustainable balance between how much recreation activities on municipal properties are financed by user groups versus municipal taxpayers, and the goal to achieve the outcomes of these policies continue to be relevant and important for the City of Saint John. • The ongoing financial impact of COVID-19 has not only physically and emotionally impacted our community, it has also impacted the finances of many companies and organizations, including recreational -based `111061.1 ME organizations who have not achieved annual revenue targets due to the pandemic. • Staff have been reliant on 2019 field, arena floor and tennis user data to support the implementation of the policies, and with the expectations of more regular year of usage in 2022, staff see value of the collection more up-to-date data in 2022 to support the full implementation of the expectations of the policies in 2023. It should be noted that the City of Saint John continues to support the P.R.O. Kids program, which offers financial support to youth in need. This program aims to ensure all youth in Greater Saint John have the opportunity to participate in positive recreation opportunities, regardless of potential financial barriers. The program matched over 600 children in 2021 with financial support to participate in recreational programming in Saint John. 2022 Rental Rates In alignment with the revised incremental approach, a 70% implementation of the policies cost -recovery targets is reflected in the proposed 2022 rates. The following table shows the recommended overall cost -recovery structure for 2022, in comparison with what was done in 2020, 2021, and what full implementation envisions: Implementation Table 1: Modified 2020 2021 2022 Full Cost Recovery % 40% 60% 70% 100% by User Category Adult Residents 36% 54% 63% 90% Youth Residents 24% 36% 42% 60% School Teams 42% 24% 36% 60% (from Saint John schools) Tournaments 24% 36% 42% 60% For -Profit Businesses 40% 60% 70% 100% Given the anomalies associated with the overall usage of recreational facilities in 2020 and 2021 due to the pandemic, the 2019 usage levels were used as inputs to `LOtl -5- determine hourly costs as part of the 2022 rental rate calculations. It should also be noted that the overall annual operating costs associated with sports fields have decreased from 2020 to 2022 by approximately $230,000, which is primarily a result of continuous improvement initiatives that were implemented as part of the City's overall Sustainability Plan. The City has also worked toward the rightsizing of facilities, as outlined in Play SJ. These initiatives and cost reductions contribute to mitigating increases to rental rates. It should be noted that the City will be investing almost $1.3 million in operating costs in 2022 for the three facility types listed below. Even with the recommended rate increases, the taxpayer investment into recreational facilities remains significantly higher than the projected revenues yielded from user fees (see 'Service and Financial Outcomes' section for projected revenues for 2021). Total operational costs associated with the various types of recreation facilities for 2020, 2021 and 2022 are outlined in the following table: Table 2: 2020 and 2021 Operational Costs for Recreation Facilities Facility Type 2020 2021 2022 Sports Fields $1,393,873 $1,195,591 $1,159,089 Tennis $10,000 $10,000 $10,000 Arena Floors $115,000 $115,000 $115,000 The following table displays the 2021 approved recreation facility rental rates, what the rates will be at a 100% implementation level of the policies, as well as the recommended 2022 rates based on the revised level of 70% implementation: Table 3: Recommended 2021 Recreation Facility Rental Rates 2021 2022 Facility Approved Rates at 100% Recommended Category implementation Type Hourly Rates (+ HST) Hourly Rates (+ HST) (+ HST) Field Class A —Adult $56.00 $69.00 $51.00 Field Class A — Youth $24.00 $65.00 $50.00 Shamrock Artificial — Field $97.00 $105.00 $96.00 Adult Shamrock Artificial — Field $59.00 $85.00 $76.00 Youth liMU] -6- Field Class B —Adult $38.00 $45.00 $38.00 Field Class B —Youth $9.00 $35.00 $20.00 Arena Floor Adult $61.00 $98.01 $68.61 Arena Floor Youth $40.67 $65.34 $45.74 Shamrock Courts 1-5 —Adult $14.84 $27.72 $17.66 Tennis Shamrock Courts 6-8 — Adult $8.91 $16.63 $10.59 Tennis Shamrock Courts 1-5—Youth $9.90 $18.48 $11.77 Tennis Shamrock Courts 6-8—Youth $5.94 $11.08 $7.06 Tennis Understanding trends in the execution of the Recreation Subsidization Policies There are some trends that have become apparent in the implementation of the Recreation Subsidization Policies that require some additional context and explanation. As indicated in Table 1, the policies direct target subsidization levels for youth, adults, schools, tournaments and for -profit entities. The reliance of taxpayer subsidy over ratepayer subsidy is the largest for youth, schools and tournaments, as these are groups identified by the policies as higher priority and should be expected to pay less than adults and for -profits. However, total usage and quality of fields are also variables when calculating proportional rate adjustments as defined by the policies. While there are more youth than adult users in Saint John, adults overwhelmingly use higher quality fields (Class A fields and Emera field), which comes with higher rates. On the other hand, youth overwhelmingly use lower quality fields (Class B fields), which comes with lower rates. When viewing the proposed rates for 2022, the above partially explains why youth rates are increasing at a faster pace than adult rates, but further explanation is warranted to explain why adult rates also decreased during this same period. Over the past year, staff have discovered that some user groups were being charged only the youth rate for fields, when their membership is mixed between some teams that are youth and some teams that adults. To ensure fairness and uphold the policies, staff has made the necessary adjustments to decrease the number of youth users represented by these groups and increases the number of adult users represented by these groups. This has created a scenario where additional usage, and thus additional revenue, has been generated to achieve the desired adult user fee subsidization levels, and decreased the usage, and thus decreased revenue, `Pl%7 -7- has been generated to achieve the desired youth user fee subsidization levels. In essence, this has required a greater reliance on youth rate increases and reduced the requirement of adult rate increases in 2022. Another observation is that when the policies were adopted, not all user groups started at the same level of proportional level of reliance on user rates versus taxpayer subsidization, which impacts how much rate increases are needed for some user groups over others. The policies still ensure that youth users will be charged less rates and receive greater taxpayer subsidization than adult users, however, the gap between the 2019 starting point for youth users to the policies' objectives of 60% recovery from rates (see Table 1) is a larger gap than the 2019 starting point for adult users to the policies' objectives of 90% recovery (see Table 1) from rates. In other words, adults were already paying more rates proportionally than youth when the polices were adopted in 2019, signifying that youth rates have a longer trajectory to achieve the policies' recovery objectives than adults. This in turn signifies that the ongoing implementation of the policies will see larger proportional increases in the rates of youth than those of adults. With the expectation of more regular year of usage in 2022, the data will be useful to bring froward the recommendation for the full implementation of the Recreation Subsidization Policies in 2023, including the full implementation of policies' rates. COVID-19 Implications While we are hopeful that recreational programming in Saint John will become more stable and widely used in 2022, we must also be prepared for the potential of new and future mandatory orders due to the public health pandemic. The City of Saint John will remain in full compliance with any Mandatory Orders from the Province. City operations at recreational facilities will be in accordance with COVID-19 operational plans and all user groups of those facilities will be required to develop and adhere to their own COVID-19 operational plans as well. All revenues indicated in this report are estimates only and have the potential to fluctuate significantly should COVID-19 impact the usage levels of recreational facilities. Mitigating Financial Impacts to User Groups 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. N9191 -8- User groups can pursue cost -mitigation 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 if options are explored. 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, including: 1. Continuous Improvement and Sustainability Plan Initiatives — Recent initiatives have resulted in an approximate reduction of $230,000 in annual operational costs for sports fields from 2020 to 2022. 2. Room/Storage Rentals —The City has clubhouses, rooms, and canteens at various facility complexes. City staff has begun work on identifying opportunities to rent these spaces more consistently and for an appropriate fee. This would decrease the amount of funding needed from hourly rentals. In addition to the above, it should be noted that the City is continuing to pursue regional cost -sharing opportunities, which is will be pursued through the current provincial government's local government reform agenda. Outdoor Facility Allocation Policy Updates The recommended updates to the Outdoor Facility Allocation Policy are highlighted in an attachment to this report. The proposed updates are primarily related to dates, a new gender equity section, the of Sports Facility Code of Conduct, and updates associated with cancellation deadlines. f► el -9- PREVIOUS RESOLUTION December 16, 2019 — RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-332: Recreation Subsidization Policies - Sustainability Item, Common Council endorse the Recreation Subsidization Policies as described in M&C 2019-332: • 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 February 24, 2020 — RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2020-58: Summer 2020 Sports Fields, Arena Floor, and Tennis Rates Common Council approve the Summer 2020 Sports Fields, Arena Floor, and Tennis Rates presented in Table 2 of M&C 2020-58; and approve the updated Outdoor Facility Allocation Policy, attached to M&C 2020-58. February 8, 2021 — RESOLED that as recommended by the City Manager in the submitted report entitled M&C 2021-021: approve the 2022 sports field, arena floor, and tennis rates, as presented in Table 3; approve the updated Outdoor Facility Allocation Policy, as attached. STRATEGIC ALIGNMENT This report aligns with the following Council Priorities: Belong, Grow, Perform. SERVICEAND FINANCIAL OUTCOMES The following table indicates the 2022 projected revenues based on the recommended rental rates: WIN -10- Table 4: 2022 Projected Revenues vs. Revenues at 2020 Cost -Recovery Percentages Revenues 2022 Projected 2021 Actual Attributable to Facility Type Revenues* Revenues Recommended Increases Sports Fields $286,299 $244,125 $42,174 Tennis $4,352 $3,657 $695 Arena Floors $29,120 $25,885 $3,235 TOTAL $319,744 $273,667 $46,104 *2022 Projected Revenues are estimates based on 2019 usage levels. They do not factor in any potential impacts of the ongoing pandemic or other unknowns that may affect usage in 2021. It should also be noted that the Recreation Subsidization Policies contribute to the deficits in 2021 and 2022 as part of the City's overall Sustainability Plan. In the event a decision was made not to proceed with the recommendations to increase rates, alternate options would need to be explored to address the projected $46,104 shortfall. In addition, in the event the City experiences an increase in year-end deficit caused by the City's decision to proceed with 70% implementation of the Recreation Subsidization Policies (because of the City's consideration of the impact of the public health pandemic on recreational users and user groups), and not full implementation of the policies, the City should seek relief from the COVID-19 Reserve Fund to respond to the financial losses. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Attachment 'A'— Recommended updated 'Outdoor Facility Allocation Policy' Attachment'B' — Recreation Subsidization Policies Details Attachment 'C' — M&C 2020-58: Summer 2020 Sports Fields, Arena Floor, and Tennis Rates Attachment'D' — Power Point presentation summarizing repor WIN HALIFA)" Attachment C P.O. Box 1749 Halifax, Nova Scotia B3J 3A5 Canada Item No. 15.1.4 Halifax Regional Council February 26, 2019 TO: Mayor Savage and Members of Halifax Regional Council SUBMITTED BY: Original Signed by %� Jacques Dube, Chief Admihistrative Officer DATE: February 19, 2019 SUBJECT: Parks and Recreation Fee Structure Review ORIGIN • January 6, 2016 - Committee of the Whole approved in the 2016/17 Parks and Recreation Business Plan an initiative to assess recreation fees for facilities and programming offerings and develop an on- going fee strategy. March 6, 2018 — Regional Council amended motion: MOVED by Councillor Craig, seconded by Councillor Blackburn THAT Halifax Regional Council: 1. Maintain 2017/2018 ice and dry -floor rates for HRM operated arenas for the 2018/19 fiscal year; and 2. Set interim dry -floor rates for the BMO Centre and Dartmouth 4-Pad for the 2018/19 fiscal year at a. $65/hr plus HST for youth groups; and b. $75/hr plus HST for adult groups. 3. That the ice rental rates for the LeBrun Arena, be adjusted to be the same as St. Margaret's Centre and the Spryfield Lions Rink, for this season only, until the full Parks and Recreation Fee Structure Review returns to Regional Council next year. LEGISLATIVE AUTHORITY • HRM Charter, S.N.S. 2008, c. 39 61(3) The property vested in the Municipality, absolutely or in trust, is under the exclusive management and control of the Council... • HRM Charter, S.N.S. 2008, c. 39 71(2) The Municipality may not grant a ... form of direct financial assistance to a business or industry. • Administrative Order 58, the Delegation of Certain Authorities Administrative Order. RECOMMENDATION It is recommended that Halifax Regional Council: 1. Adopt Administrative Order 2019-002-ADM, Respecting Recreation Rates, as set out in Appendix A; 2. Pursuant to the Recreation Rates Administrative Order and subject to 2019/20 budget, _RECOMMENDATION CONTINUED ON PAGE 2 Parks and Recreation Fee Structure Review Council Report - 2 - February 26, 2019 a. Approve proposed rental rates for all-weather fields, sport fields, sport courts, ball diamonds, recreation facility room rentals and gymnasium rentals, effective April 1, 2019, as attached at Appendix B; b. Approve proposed updated Sport Field and Ball Diamond classifications and service standards effective April 1, 2019, as outlined in Appendix C and Appendix D; c. Maintain 2017/18 ice rates for all HRM and Nustadia operated arenas for the Spring/Summer 2019 season; d. Maintain 2017/18 dry -floor rates for all HRM and Nustadia operated arenas for the Spring/Summer 2019 season; e. Approve new ice and dry -floor arena rates for all HRM and Nustadia operated arenas effective September 1, 2019, as attached at Appendix B; and 3. Adopt amendments to Administrative Order 58, the Delegation of Certain Authorities Administrative Order, as set out in Appendix H. BACKGROUND In 2003, HRM implemented a servicing plan for sport fields and ball diamonds. The plan focused primarily on improving the condition of the field infrastructure, as well as maintaining the facilities to specified service standards. In addition to this commitment, resources were aligned, staff were trained, grass cutting services were outsourced, specialized equipment was purchased, and turf rehabilitation programs were developed. Subsequently, Regional Council approved an increase to rental rates for sport fields in January 2011, the first increase since fees were implemented in 1999. There have not been any subsequent adjustments since that time. In addition, in the 2012/13 business plan for the then Community & Recreation Services business unit, staff proposed that all recreation fees be frozen, with no increases. Fees were subsequently able to be maintained at that level for the following 4 business cycles. During the 2016/17 budget and business planning process, Parks and Recreation identified the need to conduct a review of all recreation fees to assess the existing fee structure of various services offered and to develop fee optimization practices that will improve the consistency and sustainability of service delivery to HRM citizens. As a result, an external consultant, KPMG, was engaged to assist with that analysis, including completion of a jurisdictional scan of best practices and provision of recommendations. Their analysis and final report was recommended that the Municipality implement a fee structure based on cost per utilized hour for each rental type. Several factors were determined in the fee review: A comparable scan of fees in other cities across Canada in Spring 2018 found that HRM fees are generally below other cities surveyed. KPMG's analysis report recommended the Municipality implement a fee structure based on the cost per utilized hour for each rental type. HRM currently does not have a consistent approach when determining rental rates for bookings. Pricing models differ in a number of areas including between hourly rates to daily rates, prime time versus non -prime time usage, as well as variation in prices for similar assets and application of subsidies. While the work was being completed on the fee analysis, the new 4-Pad opened in Dartmouth (RBC Centre) and existing stand-alone arenas were closed, which necessitated the setting of rates for ice and dry floor usage. Therefore, in 2018, Regional Council approved interim dry floor rates for HRM owned arenas and an interim ice rate for the Lebrun Arena for 2018/19. This report outlines a proposed overall recreation rate Administrative Order (AO), which provides principles upon which HRM recreation rates will be administered. The AO will provide consistent application of the principles to all recreation rates and provide residents with clear expectation. This report also includes proposed rates for recreation bookings, including arenas, sport fields, sport courts, all-weather fields, ball N9191 Parks and Recreation Fee Structure Review Council Report - 3 - February 26, 2019 diamonds, facility rooms and gymnasiums based on the proposed AO. Fees related to recreation programming, in contrast to specific rates for recreation facility rentals (both in -door and field rentals), are not included as those will be the subject of a future report with a related fee by-law. DISCUSSION As noted, through the analysis, it was determined that HRM currently does not have a consistent approach to the determination and administration of recreation fees. Many of the current fees are based on historical rates with some related to fees implemented in prior to amalgamation. While there have been some consideration and review of specific fees over the years, there has not been a comprehensive review of all recreation fees and consideration of the overall principles upon which those fees are based. Jurisdictional Scan and Best Practices As noted, as part of their analysis, KPMG undertook a jurisdictional scan which included cities such as London, Hamilton, Ottawa, Mississauga and Fredericton. The cities were selected based on population size, urban characteristics and geography in order to have a good cross section for comparison. The jurisdictional scan found that the municipalities had consistent processes for the determination and administration of fees. Further, those processes generally followed industry best practices. Through the scan and analysis, KPMG determined that best practices included consistent processes, standardization of fees, cost recovery models and clear subsidy applications. Those best practices ensure that recreation fees are transparently and consistently applied for all users. The first step to streamline a consistent fee structure is to outline principles and criteria upon which to base the administration of fees. A proposed Recreation Rate AO which outlines those principles and criteria is included as Appendix A. Recreation Rate Administrative Order This AO outlines how recreation rates are to be determined, evaluated, and delivered to users. The Recreation Rate AO was developed with the aim of promoting participation, increasing transparency and improving consistent access to HRM recreation facilities and services. One of the many functions of Parks and Recreation is to provide recreation services at an affordable price for all participants. While the specific details are outlined in the draft AO, a brief overview of the following aspects are outlined below: 1. Rental Rate Structure 2. Field Classifications and Service Standards 3. Facility Room and Gymnasium Classification 4. Annual 2% Increase 5. Five -Year Review Period Rental Rate Structure A Rental Rate Structure was developed as part of the Recreation Rate AO to ensure that rates were designed in a consistent manner. This means having consistent definitions and applications for the following aspects: • Time Types (Prime & Non -Prime) • User Groups (Adult, Youth, Community & Corporate) • Rental Types (Arenas, All -Weather Fields, Ball Diamonds, Sport Fields, Sport Courts, Gymnasia, and Recreation Facility Rentals) • Cost Per Utilized Hour • Cost Recovery • Percentage Cost Recovery KIN Parks and Recreation Fee Structure Review Council Report - 4 - February 26, 2019 KPMG recommended a Cost Per Utilized Hour as the methodology for determining rates, based on the jurisdictional scan and best practice review. This ensures that rates are based on appropriate and consistent costing and methodology. Cost recovery percentages have been calculated based on the financial impact to overall revenues and consideration of appropriate balance of ability to pay. The cost recovery percentages were then validated through the jurisdictional scan of similar cities. Based on the Recreation Rate AO and overall analysis, Cost per Utilized Hours have been determined for each recreation asset. Table 1 outlines the proposed rental rates based on the calculated cost per utilized hour for each rental type. It also includes the various proposed cost recovery rates for user groups. Table 1 - Utilized Cost per Hour and Cost Recovery by Rental Type ost Recovery Cost Pe �_Corporate Communi Adult Adult Non- Youth Youth Type Utilized Prime Prime Prime Non - Hour Arenas (Ice) $ 225.00 100% NA 100% 60% 80% 40% Arenas (Dry- $76.00 100% NA 100% 60% 80% 40% floor)* All-weather $76.00 100% NA 100% 60% 80% 40% Fields Sport Courts $13.00 100% NA 100% 60% 80% 40% Ball Diamonds* $18.71 100% NA 100% 60% 50% 25% Sport Fields* $18.71 100% NA 100% 60% 50% 25% REC Facility $22 21 100% 50% 100% 60% 80% 40% Rental Rooms REC Facility $41.70 100% NA 100% 60% 80% 40% Gymnasiums* *Adjusted cost per hour All recommended user fees determined by the proposed Recreation Rental Rate Structure can be found in Appendix B — Recreation Rental Rates. User groups are organized based on age or type of organization. Youth includes those groups who are 18 years and younger as well as sports groups representing post secondary educational institutions. "Corporate" user groups include those renting space on behalf of a for profit business or entity. Under HRM's Charter, the Municipality is not permitted to provide financial support to a business. Therefore, the corporate rate must achieve full cost recovery. Under section 12 of the Delegation of Certain Authorities Administrative Order, Regional Council has delegated to staff the authority to enter into market value rental agreements, including for the purpose of securing "Corporate" rates and rental rates approved by Council. The "Community" user group is defined as a not -for -profit organization renting facility rental rooms only, to assist with operational delivery of their organization. Under section 14 of the Delegation of Certain Authorities Administrative Order, Regional Council authorized less than market value rent to be charged to a non-profit organization carrying on activity that is beneficial to the Municipality; further, per section 15 Council has delegated to staff the authority to enter into less than market value rental agreements, including for the purpose of securing "Community" rates and rental rates approved by Council. Further, with the adoption of the Recreation Rate AO, a minor amendment is also required to the Delegation of Certain Authorities Administrative Order. The amendment will revise the definition of "market value rent" to also include those rates set out in the Recreation Rate AO, as shown in Appendices G and H. Since AO 58 delegates the authority for staff to enter into rental agreements for recreation facilities, it is necessary to update the definition to authorize staff to be able to implement the rates outlined in the Recreation Rate AO. KIrl Parks and Recreation Fee Structure Review Council Report - 5 - February 26, 2019 Removal of Administrative and Extra Fees HRM currently charges a $15 application fee for many rental applications. Other extra fees include Lighting Fees, Electrical fees, and Tournament Rates. The Recreation Rate AO states that recreation rental rates are determined by the Cost Per Utilized Hour. Therefore, administrative and extra fees were removed from the fee structure as they are accounted for in the Cost Per Utilized Hour of each rental type. Adjusted Cost Per Utilized Hour The Cost Per Utilized Hour for certain assets was determined to be significantly higher than current rates. Therefore, an adjusted rental rate was determined in order to be able to ensure that an affordable pricing model could be provided to users. These adjustments were applied to an asset if it met the following criteria: Cost per utilized hour was higher than the recreational rental rate of all comparators from the jurisdictional scan, or Current recreation rental rates were substantially lower than the Cost Per Utilized Hour An average of the adjustment per rentable hour is shown below. Each rental type that adjusted varied due to the differences in costs and utilization. Table 2 — Adjusted Cost Per Utilized Hour [Rental Type� Arenas (Dry Floor) Cost per Utilized Less: Hour ($/hr) $225.00 A. 'aAdjusted ($149.00) Cost per $76 .00 Sport Fields $44.20 ($25.49) $18.71 Ball Diamonds $44.20 ($25.49) $18.71 Recreation Gymnasiums $66.04 ($24.34) $41.70 Average $56.08 Field Classifications and Service Standards HRM owns and operates 295 bookable ball diamonds and sport fields. The ball diamonds and sport fields are classified based on service standards. They are classified from AA (highest) to D (lowest) as outlined in Appendix C - Sport Field & Ball Diamond Classifications. The service standards as well as the configuration and size of the field and diamond impact the overall quality of the asset and type of activities for which the asset can be used. Therefore, the proposed rental rates for these assets are based on the classification of the ball diamonds and sports fields. The ball diamonds and sport fields are currently available for booking approximately 35 weeks of the year. Many of the sites receive excessive usage while others have excess capacity. To improve the overall condition of the fields and diamonds, it is important that the usage of assets is balanced in order to allow fields to "rest" and receive necessary maintenance. Therefore, it is recommended that the service standards (Appendix D — Sport Field & Ball Diamond Service Standards) be adjusted to reflect later opening and earlier closing dates for some classifications to allow staff more time to carry out important maintenance tasks in the shoulder seasons. The proposed classification list (Appendix C) also recommends changes to the classification of some fields with under-utilized fields being converted to greenspace, thereby allowing more opportunity to improve the fields that are heavily used in terms of maintenance and capital improvements Facility Room and Gymnasium Classification Because of the wide variation of sizes of both gymnasia and facility rooms, it was impractical and inappropriate to assign a single unit cost for these assets. Further, the size and configuration of the gymnasia and rooms impacts the type of activity which can be accommodated. Therefore, a classification model was developed based on square footage. The new classifications, ranging from A-D, are outlined in Appendix E — Classifications for Recreation Facility Room Rentals and Gymnasia. The rental rates are then based on these classifications. W91-13 Parks and Recreation Fee Structure Review Council Report - 6 - February 26, 2019 It should be noted that the rental rates proposed for rental rooms do not apply to Halifax Regional Centre for Education (HRCE) room rentals and gymnasia. While HRM provides booking services for HRCE, the rental fees for their assets are determined by HRCE. Annual Recreation Rate Increases Historically, recreation fees have not been adjusted for significant periods at a time. As a result, recreation rates are often not reflective of the service being provided. However, associated costs with maintaining recreation asset have increased on average approximately 2% per year as a result of inflationary pressures. This results in a shared burden between the overall tax base and user fees. To maintain recreation rates which are reflective of the cost per utilized hour and consistent with cost recovery principles, it is recommended that all recreation rental rates include an annual 2% increase effective April 1, 2020. This is consistent with industry best practices and other municipalities as confirmed by the jurisdictional scan. By including nominal, annual increases, HRM will be providing predictability and reducing the impact of unexpected fee increases for sport organizations and user groups which will assist with setting their registration rates and budgets for future years. Recreation Rate Review Aligned with the annual rental rate increases, the proposed Recreation Rate AO includes a requirement to undertake an updated analysis of all recreation rates on a 5-year cycle. This review will include a jurisdictional scan, as well as revision of the Cost Per Utilized hour of each rental type. This will help ensure that HRM Recreation rental rates continue to be appropriate to services and relative costs. Partner Asset and Facility Rates HRM's recreation service delivery is provided through a hybrid model with some facilities directly operated by HRM staff and others operated by Community Boards. Board run facilities are operated under management agreements with HRM that outline the responsibilities of the community boards, including the provision of programming and setting of fees. As well, HRM has a number of partnership agreements related to the maintenance and scheduling of fields. While HRM will be able to provide significant improvements in consistency and transparency in the determination and application of recreation rates with the implementation of the Recreation Rate AO and recommended rental rates, there will still be some variations across HRM partners. The negotiation and approval of new management agreements for the regional facilities included in the Multi -District Facility Project provided an opportunity to socialize the work being done on recreation rates and the expectation for improved alignment of all rates in the future. Similar discussions will also be held with other facility and partnership groups. Full implementation of the principles within the AO may not be possible across the partner assets and facilities. However, upon approval of the new AO and rental rates, staff will socialize Regional Council's direction related to rates with its recreation partners to ensure they are considered in their future operating budgets. Budget Implications Should Regional Council approve the recommended rate structure, the impact to the HRM Parks and Recreation annual revenue is estimated to decrease by $293,000 (4.91 %). Table 3 below lists each rental type and the estimated revenue variance from switching to the recommended rate structure. Table 3 - HRM Parks and Recreation Impact to Revenue [Facility Rental Typle Arenas ice on Current Fees $4,067,660.82 on Recommended Rental Rates $3,743,887.50 Variance in $323,773.32 % Change Revenue -7.96% Arenas (dry -floor) $281,272.50 $230,257.20 $51,015.30 -18.14% All-weather Fields $423,863.61 $437,969.77 $14,106.16 3.33% Sport Courts $23,775.00 $29,718.00 $5,943.00 25.00% N916.1 Parks and Recreation Fee Structure Review Council Report - 7 - February 26, 2019 Sport Fields & Diamonds $477,942.49 $548,379.19 $70,436.70 14.74% Rental rooms $409,606.67 $433,806.92 $24,200.25 5.91 % Gymnasia $275,259.60 $242,461.98 $32,797.62 -11.92% Total $5,959,380.69 $5,666,480.56 $292,900.13 -4.91 A full detailed impact analysis for all rental types can be found in Appendix F- Detailed Impact of Rental Rates. At the time of writing this report, Regional Council was deliberating the 2019/20 operating budget and considering a maximum overall tax increase of 1.9%. Based on that amount, the overall Parks & Recreation budget would be reduced from the 2018/19 amounts. An additional reduction in revenue due to the proposed new fee structure would not be able to be achieved without significant impact to the overall budget. If budget capacity was not available, it would be prudent to defer the implementation of the new fee structure until 2020/21. That would allow for completion of the recreation programming fees and further implementation of the new Legend recreation software which are anticipated to provide additional revenue through increased programming demand. That additional revenue would be able to offset the impact of the above noted reductions. FINANCIAL IMPLICATIONS As noted, the recommendations outlined in this report would result in a reduction in overall revenue to the Parks & Recreation operating budget. A total annual reduction in the amount of $293,000 would be expected and would need to be offset by other reductions in the overall operating budget or increased funding. This item is currently being considered by Regional Council in its 2019/20 budget deliberations. RISK CONSIDERATION Risks associated with the recommendations in this report rate moderate and include an ongoing deficit in revenue which would add to budgetary pressures. This risk will be mitigated through additional programming demand and review of other recreation fees. There is also risks associated with not adopting a standardization model in that recreation rates and their administration will continue to be inconsistent for users. COMMUNITY ENGAGEMENT No community engagement was undertaken in the preparation of this report. Staff have completed an expanded analysis of data obtained from the KPMG report. Staff consulted key stakeholders associated with facility and field bookings to determine recommendations in this report. ENVIRONMENTAL IMPLICATIONS Not applicable. ALTERNATIVES Alternative 1: Regional Council may choose not to adopt the proposed Administrative Order 2019-002- ADM, the Recreation Rates Administrative Order and maintain the existing rate structure and processes. Alternative 2: Regional Council may choose to direct staff to defer implementation of any or all fee changes until 2020/21 fiscal year regardless of the 2019/20 budget deliberations to allow for the completion of new proposed recreation programming fees and fee by-law as well as consideration of the new fee structure in all partner facilities' budgets. Palo] Parks and Recreation Fee Structure Review Council Report - 8 - February 26, 2019 Alternative 4: Regional Council may choose to amend the amounts recommended within the proposed Rental Rate Structure. This would require additional analysis by staff to determine the impact on users, Parks & Recreation revenue and budget as well as impact to the overall Recreation Rate AO principles. ATTACHMENTS Appendix A —Administrative Order 2019-002-ADM, Respecting Recreation Rates Appendix B — Recreation Rental Rates Appendix C — Sport Field & Ball Diamond Classifications Appendix D — Sport Field & Ball Diamond Service Standards Appendix E — Classifications for Recreation Facility Room Rentals & Gymnasiums Appendix F — Detailed Impact of Rental Rates Appendix G — Showing Proposed Changes to the Delegation of Certain Authorities Administrative Order Administrative Order 58 Appendix H — Amendments to Administrative Order 58, Delegation of Certain Authorities Administrative Order A copy of this report can be obtained online at halifax.ca or by contacting the Office of the Municipal Clerk at 902.490.4210. 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E O W Ln a) - L a-J c _0 C: OU a) .0 U >= �� 0 � Q U E ,� U X Q a_+ '� ate-+ O O fa r-I L C:23 c6 >'a--+ .��UN fa U o �' +� 4-J a=+ � +� N m ca � cn Q cn N _� O O w� a--+ 0 • 0 � U 0 a-J a-J U w a- U ca C $ . � ƒ L61 g 0 w = C6 z � I'll) � 2 � � � � . � ^ cc W R m \ / 2LLI z _ N : ] G � a 0 2 z — a S A LU § § o LU q u R / � 2 � « LLI ® 0 u Attachment E .Z9 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 recon mends Common Council: 1. approve the Summ r 2020 Sports Fields, Arena Floor, and Tennis Rates presented in Table:Iaf M&C 2020-58, and 2. approve the update 0✓atdoor Facility Allocation Policy, attached to M&C 2020-58. r-:(telWI -SIll L�--V" 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. T7 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 • 100A 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: 113 238 -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 % if 2019 rates used* Modified Cost Recovery % with use of staff s recommendations for 2020 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* 1119 -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 hamrock Tennis Court 6-8 Youth $0.00 $3.00 hamrock Tennis Court 1-5 Adults $0.00 $8.00 hamrock 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')0 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, 2, Full Modified Cost Recovery Rates with City Resident Rebates, or 3. 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 recommending implementation of Option 1 nor Option 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). Staffs recommendation also reduces financial barriers to user groups and their membership in line with staffs overall recommended incremental approach 115 240 -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: 1. Continuous Improvement Initiatives — such as a recent change in the City's field line -marking process that will save $10,000.00 annually. 2. 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. "A -6- 3. 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 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. 117 242 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 2020 Modified Cost Recovery % Currently Suggested Modified Cost 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% 1 63% 1 90% Click here to enter- tcx STRATEGIC ALIGNMENT This Report aligns with all four of Council's priorities of Growth & Prosperity, Vibrant Safe City, Valued Service Delivery, and Fiscal Responsibility. SERVICEAND 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 FaciIitYYp Type 2020 2020 budgeted revenues Sportsfields _ Tennis $162,758 $0 Arena Floor $19,200 Projected approximate projected increase in revenues in revenues 2020 compared to budget $179,000 $16,000 $ 20,000 $1,000 'A -8- 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, bail 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 over just 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. 119 244 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 601i1 Attachment `F' — Submissions from outdoor facility user groups From: SouthernBlackBearsPrez oof<southernblackbearsprez@gmail.com> Sent: March 8, 2022 12:04 PM To: Ouellette, Phil <Phil.Ouellette@saintjohn.ca> Subject: City Fields Good Morning Phil, First of all thank you for the invite to send you my concerns surrounding the rate increase for Fields. It will be short and to the point. My major concern around the field fee increase is that will hinder the development of sports in the area. Fees for fields will need to be recovered somewhere and that usually lands in the player fees. I personally strive to keep fees low as an Elite Girls Travel Softball Organization but with the proposed fees will unfortunately change that. I truly believe the 46k deficit can be made up in other locations and it is highly recommended that we stay away from penalizing our youths sports. My last concern is that a lot of families are already cheque to cheque and with the fee increases might keep them home instead of on the field where they should be. Thanks for you time. Black Bears Girls Youth Softball Regards, Rob Moore Thanks, Rob -----Original Message ----- From: Terre Hunter & Donna Silliker <silhunt@nb.sympatico.ca> Sent: March 13, 2022 10:24 PM To: Ouellette, Phil <Phil.Ouellette@saintjohn.ca> Subject: 2022 field rates [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047.** Mr Ouelette Responding on behalf of the Saint John Alpines, re field rates. I watched the Council discussion on this topic with interest. To be brief, it is my sense that Council is ok with the rates as presented, with the exception of youth, field rates. As our organization is only involved in baseball, we offer no comment as to Emera field or costs regarding tennis. For 2022, we are in favour of the adult rates as presented to Council as concerns youth field rates, we find the suggested increase of 100% to be excessive, and potentially harmful to the long range success of various youth sports in the area. If the options are either (1) rates as presented, or(2) maintain the 2021 rates, we are in favour of maintaining same(2021 rates) for youth for 2022. If there is a possibility of another option(3), we would suggest that a nominal increase of , say 10-15%, would be agreeable. Thank you for the opportunity to have input into this discussion Terre Hunter Alpines Baseball From: Port City Pirates President <president@portcitypirates.ca> Sent: March 14, 2022 2:34 PM To: Ouellette, Phil <Phil.Ouellette@saintjohn.ca> Subject: Questions [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample(asaintjohn.ca or contact IT Service Desk at 649- 6047. * * MINA Questions: t) Is our calculation of hourly field costs (see below) and resulting total rate charged correct? If not, please provide computation details of the rate, in particular the staring hourly cost basis_ 2) Are there different hourly costs for adult vs. youth for same field class? 3) Why, if the budgeted decrease to field costs for 2022 is 3%, is there an increase in hourly costs for fields of 79% to 90%? Youth Rates Cost SO% of Cost 60% subsidized Implementation @40% Implementation @60% Implementation @70% Implementation @100% HST TOTAL 2020 2OF21 2022 2023 (est) Class A Class B Class A Class B Class A Ciass B Class A Class B $ 141.67 5 52.08 S 133.33 $ 50.00 S 238.10 S 95.24 $ 233.10 S 95.24 70.83 26.04 66.67 25.00 119.05 47.62 119.05 47.62 42.50 15.53 40.00 15.001 71.43 28.57 71.43 28.57 17.0 2.55 6 a 24 3.60 9 1.35 50 7.50 20 3 71.43', 10.71 28.57 4.29 7.19 $ 27.60 $ 10.35 S 57.50 5 23.00 $ 82.14 Year over Year Hourly Cost. Change Year over Year Total Rate Change Fields Op. Costs Year over Yei Sent from my Whone 2021-2020 2022-2021 -6% -4% 79% 90% 41% 44% 108% •• 122% 2020 2021 2022 (bufteteo 1,393,873 $ 11195,591 5 1,159,089 ar Total Cost Change -14% -3`.ro 2021-2020 2022-2021 Pzf:1 N O O O O H 'n ) ✓* 3 O O O� s N al � O. s J L 0 O N al a) f6 � V X O � O 00 N w ✓} N +• O f6 N r C o U al C L2 cO = C al O E f6 � � V} al Q VI i+ s J i 0 o°n 0/ `w a, N V O N � C O w ti U N t/} N w N � L LL s b° �9 ao m m J L u U U O O C C tm 7 al ¢ } N � N V O N C L O O O X O O Ln � F Ln N f6 � � V Q w W J Q in c In V� 41*� 41*� O Ln C C In i/} 0 0 f0 cm O O to Ln Ln Ol c-I c-I ++ L O O Ln O N a) 0 m m L L U O O C C 7 ¢ }O a }O ¢ } 0 0 0 W Ol W m ✓). m 4j). 4j). 0 0 0 0) r` 0) ✓� rn Ln 41*� 41*� Q O O O Ln Ln Lf N M M O O O to W �o to Ln O 7 0 s a, Q O N O O C) O O 0 c X E E F 3 3 C s c o Ln Ln 6 T Y '6 '6 m u y y Z = 2 2 = a, O N w O Q Ln VJ N ,.E E E E E E O -p o 0 Q} }tea O a} Q f6 Q } O O- Q O Q} O ++ L `} O Q 7 CL O a) C C C f0 O O O V O V V V Z Z Z V V 7 U Q } O Q Ln N c� Ln r, ti O O O N O Ln Il N O O O O O O N N c c m l0 O O O cy Ol m 10 W O l0 O l0 a 0 F W m N I, W m to Ln r, c-I r,W O to Ln to Ln O to ± ,� ,� ✓� ,� � a� ✓� N ,� ✓� N � a � a m � w ✓� as 2 O O O O O •�n m m W Ill N N X ✓mi. ✓Ni ✓"'i ti Ln O m n n N � C O CL E m m l7 2 0 o 0 o nS nS � N N V -a 0 - } a >° O O O O O O O O Ln N Ln N N c-I N c-I N O V ! N P1 ajr Attachment H OUTDOOR FACILITY ALLOCATION POLICY RecreSj (including arena floor rentals) 1. FIELD OPENINGS • Baseball/softball diamonds and sports fields open on the Friday before the Victoria Day long weekend in May (May 20, 2022), weather permitting. • Emera Artificial Turf Field opens April 1, 2022, (potential for earlier dependent on the weather). 2. FIELD CLOSINGS • Baseball/softball diamonds close on September 5, 2022. • Memorial 1 and 2, Harry Stephenson, and Charlie O'Brien will remain open until the second weekend in October to accommodate high school and fall 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. It is the responsibility of user groups to manage field time adequately to be done play prior to the lights turning off. 4. OFF-SEASON ARENA OPENINGS/CLOSINGS • Arenas will be open for arena floor bookings beginning Monday, April 18, 2022. • Arenas floors are closed for the season on September 19, 2022, unless stated otherwise. 5. TRAIN'!; COURT OPENINGS/CLOSINGS • Opening of the courts is weather dependent and will be at the discretion of Parks and Recreation staff, (April or May). 251 • Closing of the teRRis courts is weather dependent and will be at the discretion of Parks and Recreation staff, (mid- to late -October). 6. PRIORITY SCHEDULING PROCESS The City of Saint John will allocate outdoor facilities (and arena floors) 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. 2 252 7. Gender Equity Equitable access to recreation facilities is fundamental to the wellbeing of all citizens. The City of Saint John is committed to achieving access and equity in allocation of public recreational spaces. Scheduling to offer reasonable and fair opportunity to use facilities in a proportionate and equitable manner will be achieved by taking into consideration the following: • Equitable distribution of bookings during prime time versus less desirable time slots while following identified client priority. • Addressing existing inequities with respect to those who identify as women or girls. • Special consideration will be given to reduce significant barriers to increase inclusion for all genders, but specifically focusing on those who identify as women or girls (start times, facility environment, facility location, program needs, and facility amenities). 8. 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). 9. 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. 184*1 10. DEADLINES FOR FIELD REQUESTS AND CONFIRMATION Applications Deadline Contracts out Contracts Signed & Returned Spring 2nd Friday in February Last Friday in February 2nd Friday in March Summer 3rd Second in March Last Friday in March 2nd in Friday in April Fall 1st Friday in June 3rd Friday in June Last Friday in June 11. TOURNAMENTS/SPECIAL EVENTS Any groups wishing to use City fields for a tournament should contact 658-4455 or email recandparks@saintiohn.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) Tournament Pricing- regular hourly rates apply. Tournaments that can demonstrate 20% of the participants are from outside of the Greater Saint John area will receive the discounted pricing listed above. Groups may utilize option a, b, or c. Options may not be combined. d) 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; for cancellation without 30 days' notice, the user will be required to pay 50% of the billed amount less the deposit. e) Tournaments must be paid in full prior to booking. f) Rentals are not confirmed until all applicable fees are paid in advance of usage, an invoice is signed, and appropriate insurance documents have been provided (or insurance has been purchased through the City carrier). g) 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 charged a non-compliance fee. h) When booking field time, please take into account the time required for set up and take down. i) Bases are not provided at the fields. j) Included in the rental is the first lining of the field. Any additional lining will need to be requested and additional fees applied. 12. 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.plays i.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 658-4455 with the following information: group name/contract number, field/date/time you had booked, and what date you are looking to reschedule to. 13. PAYMENTS Facility permits must be signed, (acknowledging fee payment) and returned to the City of Saint John 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 14. 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 City of Saint John 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. Cancellation 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. K&I 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 658-4455 if you will not be using your field or your season has come to a close. This information is communicated to City maintenance staff. 15. USER CANCELLATION PROCEDURE Users are expected to give adequate notice of cancellation to allow staff the opportunity to resell field time. Failure to do so will result in the user group being charged full price. Cancellations for past field time will not be accepted. Elimination series will be exempt from cancelation deadlines. Season Cancellation due date Spring 5 business days' notice Summer 5 business days' notice until Third Friday in June after that date, no cancelations are accepted Fall 5 business days' notice Emera Artificial Field Spring-5 business days' notice Summer- 5 business days' notice until Third Friday in May, after that date, no cancelations are accepted Fall- 5 business days' notice until the third Friday in September, no cancelations are accepted P47.1 16. 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 ($2,000,000) b) The City of Saint John added as "Additional Insured" c) A cross liability clause d) The insurers will give thirty (30) days' notice of cancellation of this policy to the City of Saint John. e) For organizations/groups dealing with youth 18urs and under, Limit and Conditional Coverage for Physical and Sexual Abuse is required. 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. 17. 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 the City of Saint John and their group. All communications between the group and the City should, at all times, be channelled through each group's representatives. 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. • 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 the City of Saint John at 658-4455 or email recandparks@saintjohn.ca. • The City does not provide bases at any fields. P49YA • If any league or team representative has a special request for field maintenance services, please call 658-4455. • 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) ■ Flavoured drinks (colourless 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. Sport Facility Code of Conduct In an effort to ensure all activities in City of Saint John sports facilities are desirable and fulfilling experiences for all involved, the City of Saint John has an 'Sport Facility Code of Conduct -policy. The City of Saint John also supports the individual 'Code of Conduct -policies of organizations and associations who use City of Saint John facilities. The City of Saint John is committed to providing an environment in which all individuals are treated with courtesy and respect. As such, all sport facility users shall conduct themselves in a manner consistent with good sportsmanship and behaviour that is appropriate, fair, and mutually respectful. Harassment and discrimination are never acceptable and will not be tolerated. If at any time a sport facility user feels harassed, they should report this concern to a game official, City staff, league official, or school official. P491:3 Please note the following: 1. Any person whose conduct is not conducive to maintaining a positive environment during the event will be given a verbal warning to improve their behaviour or may be asked to leave, dependent upon the severity of their behaviour. This action can be taken by a game official, City staff, league official, or school official. City staff need to be informed whenever a verbal warning has been issued. Physical abuse violations will result in an immediate dismissal, with follow-up investigation. 2. If the person continues to be disruptive, it is at the discretion of the game official, City staff, league official, or school official to ask the individual to leave the building/field, or to directly contact the Saint John Police Force to escort the person from the facility (any citizen has the right to call Police if they feel threatened, at any time). 3. Any person or group found to be in violation of the terms of the Outdoor Facility Allocation Policy will be subject to the listed penalties in the Arena Code of Conduct Policy. * If multiple league/team participants are receiving warnings regarding their behaviour, they will be treated as one and the league/team designate will be contacted. If the behaviours do not improve, rental time may be reduced/taken away. This will be at the discretion of Growth and Community Services staff, upon investigation. Examples of unacceptable behaviour include the consumption of alcohol/drugs, smoking/vaping, and verbal/physical abuse. 21. ADDITIONAL OUTDOOR FACILITY FEES Charge Fee NSF $25 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 booking, (applied to accounts that were delinquent the year • 25% due within first quarter of season, previous) . 25% due halfway through season, and • 25% (remainder) due three quarters of the way through season. Non -Compliance $50 per week, to a maximum of $200 if they (request for residency information) 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 TBD 10 260 ,M � m 0 CL .N O � Lbuo fB 0 (/� N i � • - m .o E r, � L V _0 ) V .O +-j 0 _0X V C w � co C Ln 0 V 0 _0 _0 Q) _0 0 cr fB C: 4 LO N V E — CO a- cv m I., L > O O Ln U N O O cn U U � fa N C: C: C i O N N O cn CL •(D O '� _ bd0 OCL O O O •� —_ Q Q 70 0 E U V J Q O C7 a M 'U O ' •� � O a M a ,o L Q) E •�, �U . — FL cn O m 0 _ o — m O ' LL• • • • 4-) N .UO V) i N 0 N 0 +-j -W cn O � _ O O 8� U Q) � � s c � I � � can E L 0 L ^O cn O cn O bn fa cn ca `•� O a--+ C: OCU ca can � x N C: cn N N i � ate-+ N � � (� a--+ • 0 X N N fa � •V �8 i i •� akA o 0 0 +� (� (� C: C s �j rl N ryi 4 ul lD I-� 00 I., O O 0 Ln V Q i =3 O U N bA E bn � O � � O ca Q N Ln H .— E I I I I I w w O O O O Otic O O O c N N N N N N w • • • • • • z 0 C z buo d y � •N L r) ate-+ O Ln a..J � D�. ateJ 0 E c n L a--+ � C:4-0 a E •� •°. .� � O ate-+ ca O v 4-0Q O co W O r1 W i4-' atej r%. 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M i v� C >j Q dA o�0 C }, ,� 4� -0 CL4. -C ._ a) a+� Cr s co s a) -a> Q E CLN Q -a ErO a) CL Q Q- p Q L co (D � a) co E -a 7 s U E (D 7 O a — n () L H a) s L a) +J co CLcn O H a ui t1p .a U �_ •L z •U N Q H C u U R CL ui to H H IA Q- 0 •a tw Y Z Q o C o 00 c N 00 c a+ ° v a MD a •a c L Lp 41 co m CX Q C > 0 Q i J LL Ln L l J & C 0 / s / % 1 t E o \ E = o = \ \ u / \ 7 o a o \ / / ') / / / 2 ) \ $ $ ƒE G' $ $ } / o < z $ & o U k § ° / \ - ƒ / /.§ f 3 E / E ± 0 ° U \ ± ƒ / e t \ _ E ® / /.§ 4-13 E ± 0 2 2 } ° ƒ / .7 J z > o $ U & \ / ¥ \ 2 % E ¥ E -0 = t a- % ._ \ \ \ 2 u \ E $ \ \ G E a z\ = � o E J § � u E - � a co N Attachm ent L 2022 HRM Recreation Cost Recovery Table Asset Class Community Cost Recovery Adult Prime MMIPrw- Adull NoAn Youth Prime Youth Non- Arenas7fFe—j N/A 100% Pri 60% 80% Prime 40% Arenas (Dry -floor) N/A 100% 100% 80% 80% All-weather Fields N/A 100% 60% 60% 40% Sport Courts N/A 100% 100% 80% 80% Sport Fields and Ball N/A 100% 100% 50% 50% Diamonds REG Facility Rental 50% 100% 1110% 50% 50 Rooms I REG Facility Gymnasiums (A & B) N."A 100% 10 0 80% 80% REG Facility Gymnasiums (C & D) N."A 100% 10 0 55�"-- 55�-,�- Aquatics Rentals N."A 90% 75.�------ 75��,--'-- Tracks N.;A 100% 1 C, 0 80 WIN Attachment M: Breakdown of how staff calculate rates Steps Calculating User Rates 1 The first step is to define the total annual municipal operating costs for the three facility categories: fields, tennis and arena floors. 2 The total annual municipal operating costs for arena floors and sports fields receive a 50% reduction (in order to ensure affordability and rate competitiveness). 3 Using the total number of hours booked by each user category - youth, adults, schools and tournaments, a percentage of usage across the three facility categories can be generated. 4 These percentages are used to define the portion of total annual municipal operating costs attributed to the four user categories across the three facility categories. 5 We then apply the corresponding user rate cost recovery percentage for each user category (as defined by the Recreation Subsidization Policy) to determine the target level of revenue each user category much achieve for each facility category. 6 Once we have these revenue targets, we use user data from 2019 to adjust the appropriate rate levels (for fields, across the different types of fields) to generate the necessary revenue to achieve these revenue targets. WIN N N O N I` EM L > O O Ln U N O cn O U U � N ca � tw i ca ca S N O O O 'N r p � '`r' O •— ca a.., — m E > . . 'O O O a M Q Q U • J Q O C7 a E L 0 L ^O cn O cn O bn fa cn ca `•� O a--+ C: O ca can � x N C: cn N N i � ate-+ N � � (� a--+ • 0 x N N •V i i akA o 0 0 +� •� C: C: •� s �j rl N ryi 4 ul lD I-� 00 •U O •� � O a M a ,o L Q) E •�, �U . — FL cn O m 0 _ o — m 0 LL • • • • 4-) N .UO V) i N 0 N O N *� O 'in a a--j -W F--0 E m Q) m V - 'm m � +� — s -W O 0 cn i U Q) s c 0 Q �n •U O •� � O a M a ,o L Q) E •�, �U . — FL cn O m 0 _ o — m 0 LL • • • • 4-) m N .UO V) i N 0 N O N *� O 'in a a--j -W F--0 E m Q) m V - 'm m � +� — s -W O 0 cn i U Q) s c 0 Q �n O O'' i 0 O N ca bA N U bA O Q' O — � cn t�A O i N N E ca O Q N Ln H .— E I I I I I w w O O N N O O O Otic O O c N N N N N N w • • • • • • z 0 z buo s y � •N L r) ate-+ O Ln a.j � � ateJ 0 E c n L a--+ ' � a--+ o> E 4-0 ° 0 a� o E� •b > W O i 4-' s O � +� W -0 C O O of O C:_ U Q Ca •Ln o w O � � � � 0 Q� W O a_, s c O .Ln U • • 0 0 0 N � E N ca � tZ0 ca O Q .0 � � O +j (6 ca � m ci U � O E N ?> N o m J L.L r-I N m O O Ln O O O O O O O O N M 0) LA V). V). V). V). O z 115�� Z z O O O O O .4 r-� Ol 00 Ol N Ol 11) M V)- O O O O N I-� l0 O l0 l0 r-I l0 Rt N lf� _4-J Q I I ca ca �U �U a-J a--+ Q -�e -�e I I � � L L m m E E N N N N C6 C6 v� v� U U 0 GJ � m N N E _ E O ± O � 2 CC N • • rl > p� p O >' 2 N Q L Q 3 + .� Q O 2 N Q) CC H • C� o N o >� Q i 2 ± Q Q O Q) Q) E E O L bb U (1) Q) m V N �� °O °O CD,, LL LL N *= m m U I GJ Q GJ Q -td -td -td -td L H L H L CAL H M M M M From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Request to present to council form Date: March 6, 2022 7:47:53 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Sun, 03/06/2022 - 19:47 Submitted by: Anonymous Submitted values are: About Person/Group Presenting First Name: Devan Last Name: Thomas Name of Organization/Group (where applicable): Saint John Senior Alpines Address: 32 Simpson Drive Saint John, New Brunswick. E2H 2B6 Canada Day Time Phone Number: 5063430911 Email devanthomasna live.ca If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No W-1-1 About your Request Topic of Presentation: Memorial Field Field Rates Purpose for Presentation (what is the ask of Council): Lower hourly rates, or put actual love and care into Memorial Baseball Field Background Information: In the past 20 years Saint John has produced more baseball talent than hockey and any other sport.The whole starting lineup for the Senior Alpines either played at a professional or collegiate level. Compared to the other fields in the league, Saint John has the worst playing surface. Every year there are leg injuries from sliding on sharp rocks that don't belong on the field. Along with these rocks, players are worried about getting hit in the mouth with a bad hop produced from the mountains and valleys in the infield grass. The grading of the field is completely off, and the city throws an uneducated field crew to save the day. The players have been scolded by the city employees for doing any work on the field, when every single one of us put hundreds of hours getting our college fields ready. We can get the field in better shape in one hour, than you the city does in a week. It's absolutely embarrassing how our team would rather play an away game, than play at home. Now the hourly rates for the field is skyrocketing up to $74 by 2023!? Why are we being forced to pay that much money to play on the worst playing surface in the league. I encourage the city to come out and do a walk through meeting with a few team representatives so that we can shine a light on the state of the field. Bring your hiking boots. Thank you for your time, and I'm looking forward to hearing your response P4%tl COMMON COUNCIL REPORT M&C No. 2022-085 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: General Counsel Office 2021 Annual Report AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Melanie Tompkins Melanie Tompkins I John Collin RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to introduce the first ever Annual Report for the General Counsel Office. PREVIOUS RESOLUTION N/A REPORT History and Team The General Counsel Office is a new Department that was created as part of the 2020 Restructuring. It was originally comprised of the former City Solicitor's office and the Real Estate Division. In 2021, the Office of the City Clerk also joined the GCO. When the office was created, a new function was added: that of contract management. Our team is therefore diverse. It is comprised of 4 lawyers (including the General Counsel), an Executive Assistant to the GC, a Real Estate Manager, a Manager of Transactions and Contract, the City Clerk, the Deputy City Clerk, an Administrative Officer, 2 administrative assistants and an articling candidate. rnno Ftmrtinn The GCO has 3 distinct business units: Legal, Office of City Clerk and Real Estate and Contract Management. Legal's core function is to provide legal advice, advance the City's strategic priorities and protect the interest of the City in its day- fP41.11 -2- to-day operations and many functions. The core function of the Office of the City Clerk is the activation and management of the local government function. And the core function of the Real Estate and Contract Management division is to provide strategic direction on land acquisition and disposition and to proactively manage the many contracts to which the City is a party. Reporting Period The GCO 2021 Annual Report covers the 15-month period between the date the General Counsel assumed the role on October 1, 2020 and December 31, 2021, a period that can be fairly characterized as challenging. During the reporting period, the City faced unprecedented challenges caused by the compounded impacts of a financial sustainability crisis, a major restructuring, a move of City Hall, a cyber- attack, and the COVID-19 pandemic. For the GCO, the reporting period was one where it had to "grow its legs", but also, and more importantly, one where it had to evolve and adapt at an incredible speed. The focus for many months was to maintain the local government afloat, while our "tools" were taken away by the cyber-attack, and mitigate risks emerging from both the pandemic and the impacts of the cyber-attack, while also performing our core functions. Annual Report Highlights The Annual Report is divided in 3 main categories: 1. 2021 Report Card ("At A Glance") — which provides high level data on our core functions. 2. 2021 Key Projects Report —which highlights some of the larger projects we supported or led on top of our core functions. 3. Results of the very first GCO Client Satisfaction Survey. The GCO overall rating according to the Client Satisfaction Survey is 4.28 out of 5. A rating we are very pleased to report. We are also pleased to report that the survey identified 5 general areas for improvements, of which we were already aware, and were already working to address. In the table on the next page, we list salient points from the report under both our core function and our work on large projects. P"001 -3- Core Function Large Projects - 517 files opened (82% complete) - Effective pivot to virtual meetings - 67 reports to CC and COW (43 in support of - Dissolution of Parking Commission and Growth) transition of employees - 22 land transactions closed - Stand up of Envision Saint John - 175 agreements negotiated, drafted, - Facilitated transition of Transit operations to completed, reviewed or managed the City through legislation and agreement - 49 Provincial Court appearances - Wind-up of Develop SJ and transition of assets to City - 54 By-law enforcement files successfully - Effective and proactive management of TCC completed operation agreement which generated significant budget improvements - 111 meetings supported by Clerk's Office for - Purchased and commenced implementation which minutes were prepared of a legal operations and business and contract management software. - 94 agenda packages prepared (15,256 pages) - Advised on and supported development and implementation of Vaccine or Test Policy - 116 appointments to ABCs managed by the - Election candidates information sessions Clerk and Swearing -In Ceremony of new Council - 48 Right to Information Requests completed - Retained and instructed Breach Counsel and (96% within 30 days) supported insurance claim re cyberattack, reported potential privacy breach to Ombud STRATEGIC ALIGNMENT This report aligns with Council's Perform priority. The GCO Annual Report is intended to track the performance of the GCO, inform improvements to our service, and ensure value to the taxpayers. SERVICEAND FINANCIAL OUTCOMES The 2021 Annual Report does not contain a Financial Reporting section, as this is done through the Finance Committee and the yearly budget process. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The GCO prepared its Annual Report in consultation with its different divisions and the City Manager. The Annual Report was also informed by the results of a Client Satisfaction Survey which was sent to all City managers. ATTACHMENTS 2021 Annual Report, General Counsel Office and Office of City Clerk [00] SAINT JOHN Kill Page I 1 General Counsel's Message I am pleased to provide my first report as General Counsel for The City of Saint John. This report covers the 15-month period since I took the role of General Counsel, a period that can fairly be characterized as a challenging one. During that period, the City faced unprecedented challenges: a financial sustainability crisis, a major restructuring, a move of City Hall, a cyber-attack, and the COVID-19 pandemic. The impact is reflected in the statistics provided in this report. I expect that, with the leveraging of technology (and the implementation of legal practice management software) in 2022, our statistical reporting will improve in the coming years. During the reporting period, the newly structured GCO had to not only "grow its legs", but also, and more importantly, to Melanie Tompkins, BA, LLB, LLM evolve and adapt at an incredible speed. The focus for many General Counsel months was to maintain the local government afloat, while our "tools" were taken away by the cyber-attack, and mitigate risks emerging from both the pandemic and the impacts of the cyber-attack. There was much learning during a very busy reporting period, but I am proud to say that the GCO team shone a steady and guiding light in the darkness of the compounded challenges. When I initially accepted the role, one of my goals was to have "Legal At The Speed Of Business." The 2020 State of Corporate Law Departments (Thompson Reuters) confirmed that it is no longer enough for legal departments to provide legal advice on straightforward business matters. In order to better support the corporation, legal departments must improve their functional effectiveness in order to demonstrate value beyond the traditional legal role. To achieve this, we strive to align our legal advice to the city's strategic priorities and changing needs, thereby providing more effective business support and enabling the City and its different divisions to be more agile. Our mission: to be a trusted partner and business enabler. Since October 1, 2020, we built a new team, and welcomed the real estate division and the Clerk's Office into our fold. This enables us to capitalize on synergies between the different functions and better coordinate the complimentary resources of the divisions. I am privileged to work with a team of hard working and dedicated professionals, who take pride in the work they do, and make this office shine. The results of our first ever Client Satisfaction Survey reinforce what I have known: that our team members are professional, responsive, knowledgeable, friendly, strategic and reliable. It is a real pleasure for me to be part of this team. And I thank each one of our team members for a job so well done in the face of a very challenging year. Melanie C. Tompkins General Counsel 1919% 12 Our Team The General Counsel Office ("GCO") has two distinct reporting lines with the City Clerk and the Associate General Counsel serving in director -level positions reporting to the General Counsel and a Senior Solicitor and a Solicitor also reporting directly to the General Counsel. Melanie Tompkin: General Counsel Articling Angela Johnson, Candidate Executive Assistan IF] (contract) E M Establishment as of December 31, 2021: 12 Full -Time Employees and one contracted articling candidate. No staff increase in 2021 _ Elspeth Hagan, Associate General Counsel n Orlando tor s, Solicitor �j Jacqueline Boucher, Senior Solicitor n Jonathan Taylor, City Clerk Brian Irving, ` Curtis Langille, Manager —Real Manager— Estate Transactions and Contracts Erica Morrison , Richard Evans, Kelly Tibbits, _ Administrative Administrative Administrative Officer Assistant Assistant to Mayc and Council Patricia Anglin, Deputy City Clerk Complementing our team and enhancing our capabilities, for the second year in a row, an articling candidate joined the GCO for a 12-month period. Articling candidates have completed law school, are enrolled in the Law Society Bar Admission Program and must work under a qualified lawyer for a stated period before they can seek admission into the profession. The GCO articling students have provided substantial support to the GCO. Their advanced research skills and knowledge of the cutting edge of both law and technology have provided a valuable skill set to the GCO, which has enhanced our service delivery. A significant portion of the cost of the articling position has been covered through Federal and Provincial funding programs. This enables the City to accrue extensive benefit for minimal cost. Mission Statement General Counsel Office — Legal and Real Estate Office of the City Clerk A trusted partner and enabler guiding The City Through openness, transparency, and of Saint John's team and finding creative exceptional customer service, we build public solutions to achieve Common Council's strategic trust and confidence in our local government. priorities, while managing and mitigating risk. 303 E 13 Our Roles and Responsibilities Overview The responsibilities of the General Counsel Office are divided into three distinct business units, each with its own core functions and broader strategic roles. 1. Legal Our core function is to provide legal advice, advance strategic objectives and protect the interest of the City. We provide advice and support to the City in different areas of law. They include: - by-law drafting and compliance; - contract drafting and compliance; - procurement; - litigation; - policy and governance; - operational support; - real estate transactions; - labour and employment matters; - planning and land use; - crises and risk management. The primary client is Common Council but the team also provides advice and support to the different divisions, City staff and City Committees. 2. Real Estate & Contract Management An apt analogy: The Three Sisters Lamp was placed at the mouth of the harbour to help sea captains navigate their way safely into the Saint John Habour at night. We see GCO as performing a similar function: providing guidance to the City to help it navigate its functions safely. Our core function is to provide strategic direction on land acquisitions and dispositions and proactively manage the City's many contracts' life cycle. We provide sound and effective advice regarding the advantageous use of City's real estate interests including the Saint John Industrial Parks. Our functions include: - helping to match developers and other buyers to appropriate opportunities; - supporting community development; - securing the financial resources of the City; - ensuring the appropriate, timely, and cost-effective acquisition of strategic properties; - fostering appropriate strategic relationships to optimize the contracting process; - managing contractual interdependencies to facilitate smooth implementation; - proactive contract management; and - ensuring the appropriate and timely renewal of contracts. 3. City Clerk 19191111 14 The City Clerk plays an important statutory role within the Local Government: the Clerk's presence is required for the activation and functioning of all Council Meetings. The Clerk serves as the official link between Council and the public, the custodian of the corporate seal and, with the Mayor, the official signing officer for the City. The Clerk's Office core functions include: Information Management Services: - Ensure Council and City records are lifecycle managed in accordance with MRA retention schedules - Provide staff training on record -keeping requirements - Oversee record transfers to the PNB Archives - Ensure corporate policies and practices are in place to preserve and protect the City's corporate records Council and Committee Secretariat Services: - Facilitate the local government function by managing meetings of Council and its Committees - Provide procedural advice to Council and staff - Coordinate communications between citizens and Members of Council - Act as the official keeper of Council's records and City by-laws - Act as signing officer for the City - In collaboration with Elections NB, provide information sessions for prospective candidates - Organize and manage Council Swearing -in Ceremony Head of Access and Privacy Proqram: Receive and respond to access to information requests filed under RTIPPA Respond to privacy breaches Provide corporate training and advice on Access and Privacy issues Administrative Support to Council: - Manage the annual operating budgets for Mayor and Council - Provide reception services and administrative support to Mayor and Council - Manage Council's appointment process of citizens the various agencies, boards and commissions of the city - Provide protocol support 305 15 How we report In 2022, the GCO will deploy a legal operation software (HighQ) which will change how we report in the future. For the 2021 annual report, we provide key metrics for the combined Legal and Transactional teams and the City Clerk's office. With the goal of improving functional effectiveness and increasing efficiency, in future years, with the leveraging of technology, we expect to be able to provide more cogent year -over -year data points and use this data to guide the improvements to GCO's performance. This annual report is divided into the following categories: 1. "At a Glance" Report Card; 2. Key Project Report - includes a results -focussed summary of work performed from October 1, 2020, to December 31, 2021 in delivering our core functions and a review of the achievement of strategic outcomes; 3. Client Survey Results. *** GCO oversees the Mayor's budget, the Common Council budget, the City Clerk budget, the Legal budget and the Real Estate budget. This report does not include a financial report, as financial reporting for GCO is managed through the City's Finance Committee and the yearly budget process. 16 1. 2021 At A Glance* (Legal and Real Estate) 175 Agreements negotiated, drafted, finalized, reviewed, or managed: ✓ Complex Contracts ✓ Memorandums of Understanding ✓ Service and Other Agreements ✓ Funding Agreements ✓ Option Agreements ✓ Development/Subdivision Agreements ✓ Leases and Licenses ✓ Non -Disclosure Agreements ✓ Construction Contracts BY-LAW ENFORCEMENT 49 PROVINCIAL COURT APPEARAN 54 BY-LAW ENFORCEMENT FIL SUCCESSFULLY COMPLETED *Reporting Period: October 1, 2020 — December 31, 2021 307 1 1 Meetings Supported by the City Clerk 1 1 1 Meetings for which Meeting Minutes Were Prepared ✓ COMMON COUNCIL ✓ COMMITTEE OF THE Meetings live streamed WHOLE 94 Agenda Packets Prepared (15,256 ✓ GROWTH COMMITTEE pages) ✓ FINANCE COMMITTEE ✓ PUBLIC SAFETY COMMITTEE The management of the Municipal Election and the Swearing -In V, ✓ Ceremony of the new Council NOMINATING COMMITTEE An effective pivot to virtual Council and Committee meetings as a result ✓ of the COVID-19 pandemic PENSION BOARD ✓ SAINTJOHN ENERGY The cyberattack impact was reduced by the office's virtual information ✓ REGIONAL FACILITIES management infrastructure. One of our long-term goals has been to reduce reliance on manual processes and paper copies. This insight ✓ STRATEGIC PLAN was instrumental to the seamless operation of Council meetings STEERING COMMITTEE through the pandemic and the cyber-attack. ✓ SUBSTANDARD APPEALS COMMITTEE All completed with a staff of 4 4. 2021 Key Project Report` Review of Agencies, Boards, and Commissions (As Part of Restructuring Plan Support to Growth Saint John Ene Diversitv and Inclusion Dissolution of Parking Commission: GCO managed the wind up of the Parking Commission and the transition of its employees. Saint John Transit Commission: GCO managed the drafting and enactment of private legislation, the negotiation, drafting and implementation of a management services agreement, and facilitated the transition of transit operations to the City. Envision Saint John: GCO, in conjunction with surrounding municipalities, negotiated, drafted, and implemented the necessary agreements to stand up and provide funding to Envision Saint John: The Regional Growth Agency. Trade and Convention Centre: GCO actively managed the agreement with the operator, and drafted and implemented key policies and procedures for the operation of the Centre which resulted in significant yearly budgetary improvements. Wind Up of Develop SJ: GCO worked with external counsel to dissolve Develop SJ and transition its assets to the City. Saint John Arts Centre: GCO successfully negotiated a lease favourable to the taxpayers and the arts community. Fundy Quay: Facilitated numerous amendments to an option agreement to reflect changes in project design and workplan. Burchill Wind Project: Provided advice and support to the City team regarding the City's role in the project, and a mechanism that ensures that financial benefits accrue to the taxpayers. Electric Vehicle Charging Stations: Facilitated licenses with Saint John Energy for electric vehicle charging stations in the City. Ecii16-1 Truth and Reconciliation: GCO consulted with stakeholders and facilitated the development and reading of a land acknowledgment at the outset of Council meetings, developed and commenced implementation of a Truth and Reconciliation Conceptual Framework, formed a Truth and Reconciliation Working Group and commenced the implementation of training for Council Members and City Staff on the history of Aboriginal People in Canada, in response to Call to Action 57. Anti -Racism and Discrimination: GCO reported on the status of Council's previous resolutions on anti -racism, actioned outstanding resolutions on anti -racism (including letters to the Federal and Provincial Ministers of Justice) and recommended a meeting with the New Brunswick Commissioner for Systemic Racism. Continuous Improvement Projects COVID-19 Pandemic HighQ: GCO researched, designed, and commenced the implementation of a legal operation and business management software (HighQ) which will bring significant improvements to the GCO's performance and its ability to track and report its impact on City operations. Public Transparency: The Clerk's office utilized the City's YouTube Channel for real-time and archival access to Council and Committee meetings during the pandemic. Land Use Motions after Public Hearings: In consultation with planning staff, GCO developed a process to streamline the many motions required for land use matters following a public hearing. By -Law Administration Process: GCO launched a project aimed at improving the by-law review and management process. Vaccine or Test Policy: GCO advised on and supported the development and implementation of a Vaccine or Test Policy. Successfully Pivoted to Virtual Format: The Clerk's office quickly mobilized and set up systems and procedures to move to virtual Council and Committee meetings during the COVID pandemic. r-Attack Response and Recove Management of Breach Counsel: GCO retained and managed breach counsel early in the cyberattack recovery, provided oversight of and instructions to breach counsel and ic1i[o7 10 Municipal Election supported the management of the insurance claim related to the cyberattack. Mitigated impact to Council Meetings: Since one of the Clerk's office long-term goals has been to reduce reliance on manual process and paper copies, there was virtual infrastructure in place which enabled the Clerk's office to quickly develop a new format to distribute electronic agenda packets and meeting minutes. Privacy: The City Clerk, as delegated head of RTIPPA, reported the cyberattack and potential privacy breach to the Office of the Provincial Ombud and managed follow up actions. Candidate Information Session: The Clerk partnered with Elections NB to provide virtual Election Information Sessions for Prospective Candidates. Powers of Outgoing Council By -Law: Due to the uncertainty surrounding the timing of the Municipal Election and the Swearing -In of the new Council during a world pandemic and strict restrictions, the GCO provided advice and speedily developed a By-law to allow City business to continue during a potential extended "black -out" period. Council Swearing -in Ceremony: The Clerk's office managed the Swearing -in Ceremony and ensured that it follows the legislative requirements of the Local Governance Act and the Procedural Bylaw, and the related celebratory functions. Other: The City Clerk served as an advisory member on the Municipal Council Orientation Committee, initiated by the NB Department of Environment and Local Government. 311 11 Other Significant Projects Public Safety Committee: Working with the Fire Chief, the Clerk's Office assisted to plan and develop the newly established Public Safety Committee and its Terms of Reference. Procedural By -Law and Selection of a Deputy Mayor Procedure: GCO consolidated the procedural by-law and developed and implemented Council's new procedure for the selection of a Deputy Mayor. Construction Remedies Act: GCO managed the revisions required to the City's General Specifications due to the enactment of the Construction Remedies Act (and the repeal of the Mechanics Lien Act). O Canada Program: The Clerk's Office implemented the O Canada program to enhance public participation in Common Council meetings. ic1iN 12 4. Client Survey Results A client satisfaction survey was developed and sent to all City managers. The survey was open between February 24 and March 4, 2022. The response rate was 51 %. When asked to describe the General Counsel Office in three words, our clients said: �24Llu�h.��.lstC�. • 7� ?r Tn1 Ian a. '� C tt fi'ilP�rtF'�� dp � � . r upp 8&a&9iC ��r 1Cle;['f.1 • ,: �.d'+%1.r7LC(.LEGL! ��.�,�♦�,! i t 1 7�`,irleufrvar�ur V\ r) to 5 (excellent), the survey responses were unequivocally favorable. Over 90% of the responses rated GCO in each category as being good, very good or excellent. Good u Very Good ■ Excellent 100 N 90 z 80 a 70 Ln LU 60 0 50 w Q 40 z 30 w Cr 20 w 10 0 Active, Present Inspires Trust, Helps Think Communicates Flexible and Easy and Accepted Adds Value To Approachability, Through Business Clearly to Work With Members of the My Project and Candour Issues Business Team ■ Excellent 46.3 2.4 42.5 24.4 2.4 42.5 ■ Very Good 41.5 64.3 47.5 61 71.4 47.5 Good 4.9 28.6 5 14.6 23.8 5 13 4. Client Survey Results The survey asked respondents to provide their perception of where and how the GCO could improve its services. GCO was already aware of most of the areas for improvement and has commenced the implementation of processes to address them. 1. Workflow Management Many responses indicated that the use of technology to submit, and Tracking and the Use assign, and track requests would be beneficial. The of Technology implementation of HighQ in 2022 will address this concern. 2. By -Law Administration GCO has been working over the past year on developing a by- law administration and management process that is expected to be in place by Q3 of 2022. 3. Communicating Priority With the implementation of HighQ in 2022, management of and Timelines to Clients inquiries will become more streamlined, and lawyers will be able to communicate clearer timelines and provide clients with an easy mechanism to check the status of their request. 4. Providing Clearer Risk Analysis and Guidance on When GCO Should Be Consulted V Increased Staffing We noted the comments and are working toward providing clearer sightlines on risk analysis and management that will enable the City to make risk aware decisions. We will also work toward improving our communication with staff to provide better guidance on when GCO should be consulted. Several survey responses indicated that additional staff would be beneficial. The GCO team is thin in each of its divisions and admittedly would benefit from more resources. The team has been operating at very high capacity on both day-to-day operations and strategic priorities, which has caused delay in some of our responses. Our Overall Rating (4.28/5) KIE1 Page 114 4. Client Survey Results The survey allowed respondents to provide free -form comments on their experience with the General Counsel Office, their suggestions for improvement, and their accolades. We reproduced below some of the comments we received: "Keep going, I have noticed that the GCO has improved their communication and ease of access in the past year or so." "Under the leadership of the General Counsel, the GCO's office successfully restructured and improved its services and stakeholder satisfaction." "Continue to be proactive and take a leadership role regarding the various on -going City initiatives associated with legal, by laws, policy changes, etc." "Ifeel the General Counsels Office does great work understanding the various inquiries that we bring forward, and from that understanding provides excellent advice from a legal and organizational perspective" "There has been an improvement in recent years in terms of comfort with risk and ambiguity. Hope to see this approach continue!" "I appreciate that the GCO provides support immediately when a critical issue comes up. The team is great - helpful, friendly and supportive." "Overall the GCO is doing excellent work. There have been a significant improvement in the support and guidance of moving files forward collaboratively and with a sense of urgency. 1 extend my personal thanks to the entire team within the GCOs office." "Provides timely responses, listens to the issues and tries to find the best approach to move a project forward. Really enjoy working with the GCO Group." "1 have never had an issue that wasn't resolved in a detailed and timely manner." "With the resources available to GCO and for the current demand, 1 am blown away by GCO's ability to continuously offer time and value to projects from across the corporation." 'There has been a very noticeable improvement with respect to customer service, especially with respect to responsiveness." "The GC office Initial understanding of the inquiry is tremendously thorough and enables most positive follow-up and recommendation." "You provide clear answers that are usable and easy to understand" We are extremely grateful to those who took the time to complete the survey. "Get engaged quickly and provide the support needed but more importantly behave as a partner in providing perspective, guidance and support in addressing matters. It is through these collaborative discussions that evolve better solutions for the organization." 15 Conclusion We are proud to serve Canada's oldest incorporated City and its citizens and strive to ensure proper value to the corporation. The schematic below demonstrates how GCO, and legal departments generally, bring value to the corporations they serve. Our ability to confirm that value is in fact achieved depends on the client's input. We therefore plan to continue to survey the client yearly to gain visibility on our performance and the value we bring. We are committed to a culture of continuous improvement. D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-083 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Legislative Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Annual FCM Conference Attendance AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jonathan Taylor Melanie Tompkins I John Collin RECOMMENDATION That Council determine the appropriate attendance at the FCM Annual Conference and Trade Show and whether attendance should be in person or virtual. PREVIOUS RESOLUTION N/A REPORT The City of Saint John is a long-term member of the Federation of Canadian Municipalities ("FCM"). FCM is described as the national voice of municipal government since 1901. Its members include more than 2,000 municipalities of all sizes, from Canada's cities and rural communities to northern communities and 20 provincial and territorial municipal associations. Municipal leaders from across Canada assemble each year to set FCM policy on key issues. The 2022 FCM Annual Conference and Trade Show is taking place in Regina, Saskatchewan from June 2nd to 5t". The conference will be offered in a hybrid format allowing participants to choose whether to attend in -person or virtually using teleconferencing. Further details about the conference and program can be found on the FCM website: https://fcm.ca/en/events-training/confere nces/annual-conference-and- trade-show Common Council appointed Deputy Mayor MacKenzie and Councillor Harris as the City of Saint John's FCM representatives. The City's past practice has been to approve conference attendance for those Council members appointed to FCM. K5r� -2- The cost to attend the conference as a virtual participant is $480. For in -person attendance, the rate is $895 if registered by April 22nd, and $1055 thereafter. Additional costs for in -person attendance would include airfare, lodging, meals, etc. Common Council's annual budget has a total allotment of $11,240 for Conferences/Courses and the associated travel. The total cost to attend the conference virtually would be $480 + tax per Council member. The estimated cost for in -person attendance would be in the range of $3000 - $4000 per Council member. Staff recommend that Council determine the appropriate attendance level for the FCM Annual Conference and whether attendance should be in person or virtual. STRATEGIC ALIGNMENT The content offered in FCM's conference aligns with Council's priorities of Grow, Green, Belong, Move and Perform SERVICEAND FINANCIAL OUTCOMES Council has funds allocated in its annual budget to cover travel and conference costs. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Clerk consulted with Council's two FCM appointees to discuss the FCM conference. ATTACHMENTS N/A Ec1iF:3 From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: March 6, 2022 11:50:44 AM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Sun, 03/06/2022 - 11:50 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Andrew Last name Johnson Mailing Address Pitt Street Saint John. E2L2V8 Telephone 5067210361 Email and rewtisina gmail.com If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission Community Involvement begins at the top Purpose for submission (what is the ask of council): The purpose of the ask is to change the work product of those taking the city's coin. To that effect any organization which receives funding should be asked to provide community engagement within the platforms of designing the future of the city. If the programs and businesses which receive support from the city aren't using the platform, I don't think that's them doing their job, your job would be to tell them to do it, cause that's perhaps why we adopted the solution, but it still needs to be forced upon people because they may not be aware it exists. Specific program of concern https:Hshapeyourcitysaintjohn.ca/ no engagement by public or non profits, it's not being used as a solution, it's just a money pit. Advertising it's existence and getting people to actively be part of the discussion so that they can deal with the problems instead of hoping the problems will deal with themselves. They still might deal with themselves if there is a platform of users being polite and educating people on misunderstandings. So again the ask is simple. Please pass a motion within council that any organization receiving funding from the city, should log into that platform and use it as a means of publicly informing where the funding is going, and what their problems are, so that together we can find a crowd source solution to their problems rather than having 100's of silo's of information but no cross communication. As our elected officials, there is an opportunity to enable the solutions to be more effective, however if it's just another tool that goes into the box and no one really tries to use it to help solve the problems it was built to solve, how is there going to be good change? Blind luck, some 3rd party higher power? Please consider attaching the strings to money, which includes providing feedback and being part of the crowd sourced solutions. Executive summary https:Hshapeyourcitysaintjohn.ca/ doesn't have engagement The parties mentioned in solving the affordable housing issues aren't using it. People may not know. Please consider linking funding requirements to the usage and adding of improvements and ideas through the platform, so that the public and community as a whole doesn't have to re -invent the wheel. We can build upon it. E9YU From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: March 14, 2022 2:24:42 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Submitted on Mon, 03/14/2022 - 14:24 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Adam Last name Pottle Name of organization/group (where applicable) Tidal Heritage Development Ltd. Mailing Address 147 Orange Street Apt 1 Saint John. E2L 1M7 Telephone 5067216447 Email adam(a�nottle.ca If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this box. No About your Submission Topic of submission 321 Street Grid Reconstruction at Germain & Lower Cove Loop Purpose for submission (what is the ask of council): Hello Council and Staff, I noticed in either the previous Common Council agenda or the one prior to it, that Germain St, from St. James to Ross St/Lower Cove Loop, is scheduled for street reconstruction this year. The City should strongly consider connecting the south end of Germain (and the west end of Ross, concurrently) to Lower Cove Loop. Restoring or approximating original street grids can help restore original vehicle and pedestrian flow to an area impacted negatively impacted by past traffic -efficiency -based road realignments. In the case of this corner, difficult access from Lower Cove Loop via Charlotte has resulted in two prime urban blocks remaining under -developed: the block bounded by Germain, St. James, Charlotte, and Ross, as well as the block between Ross, Charlotte, and Lower Cove Loop. Traffic patterns would not need to be heavily altered, as Germain is already a one-way (northbound) street, and would be able to receive northbound traffic from Lower Cove Loop. This opportunity will not come again: this poor alignment has existed since, I believe, the 60s- 70s'urban renewal' projects when Lower Cove Loop was created. Since a total infrastructure rebuild of this block is planned, now is the time to turn the bottom of Germain from a confusing and under -developed dead end to a vibrant corner. It would also be beneficial to create or restore the nearby sidewalk along Lower Cove Loop between Germain and Prince William, as it does not exist: public right-of-way has been replaced with landscaping and impromptu parking. This is only about 140' but pushes pedestrians into traffic or across Lower Cove Loop all the same. Both the bottom of Canterbury and the altered bottom of Germain should have painted crosswalks added. Thanks, Adam Executive summary I suggest Saint John take advantage of scheduled road reconstruction at the south end of Germain to (re) connect Germain to Lower Cove Loop. This reconstruction would facilitate more safer, intuitive, and easier access to prime undeveloped land as well as existing residences. This grid restoration should be accompanied by sidewalk upgrades two blocks over between Prince William and Canterbury to ensure contiguous a pedestrian route in the area. 19YA From: City of Saint John, New Brunswick To: Common Clerk Subject: Webform submission from: Submission to Council Form Date: March 11, 2022 4:49:18 PM [ External Email Alert] *Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@a samtjohn_ca or contact IT Service Desk at 649-6047. * * Submitted on Fri, 03/11/2022 - 16:49 Submitted by: Anonymous Submitted values are: About Person/Group Submitting First name Betty Last name Holmes Name of organization/group (where applicable) none Mailing Address 1 hone i le&e Email If you do not wish to have your personal information (address, phone number, email) become part of the public record, please check this boar. Yes About your Submission 0191 Topic of submission Dump Trucks on Manchester Avenue Purpose for submission (what is the ask of council): Was there a change in the bylaws to allow dump trucks travel on Manchester Ave between Dever Road and Manawagonish Rd. There has been an extreme number of trucks travelling this part of the road and it is very annoying. At one time they were not allowed to travel this part. Galbraith's seems to be the main cause of this distribuance. Can you do anything about this? M&C No. 2022-087 Report Date March 16, 2022 Meeting Date March 21, 2022 Service Area Corporate Services SUBJECT. COVID-19 Vaccine or Test Policy EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Effective March 14, 2022, The Province of New Brunswick relaxed virtually all public health measures related to COVID-19 with limited exceptions in terms of long-term care facilities, shelters, correctional facilities, and health care. Going forward, individuals and organizations will be empowered to make their own decisions on COVID-19 risk mitigation, informed by ongoing guidance from Public Health. The purpose of this report is to recommend rescinding the existing COVID-19 Vaccine or Test Policy statement and resulting Policy for existing employees and adoption of a COVID-19 Policy statement for any employee hired on or after March 21, 2022. COUNCIL RESOLUTION It is recommended by the Committee of the Whole to Common Council the adoption of the following resolution: RESOLVED that, 1. The COVID-19 Vaccine or Test Policy statement adopted by Common Council on September 7, 2021, including the resulting Policy, be rescinded. 2. The following COVID-19 Policy statement pertaining to new employees hired on or after March 21, 2022, be adopted by Council: As a condition of employment with the City of Saint John, employees hired on or after March 21, 2022, are required to show proof of full vaccination against COVID-19, or a valid medical certificate exempting them from the vaccine. K=•.47 Jr[r'1 MC 2022-91 Report Date March 18, 2022 Meeting Date March 21, 2022 Service Area Transportation and Environment Services SUBJECT: Project Update and Land Swap Agreement for Alignment of Retail Drive and Ashburn Lake Road Intersections EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL Aligning the intersections of Ashburn Lake Road and Retail Drive at Rothesay Avenue would correct a sub -standard transportation design, two immediately adjacent intersections, and support continued intensification and retail growth in the area. In order to acquire land necessary for such a project, an exchange of comparable land parcels with The City of Saint John, with no additional payment, is proposed in the form a Memorandum of Understanding with Clear View Homes Ltd. COUNCIL RESOLUTION That The City of Saint John enter into the Memorandum of Understanding with Clear View Homes Ltd. for the purpose of exchanging land in the form as presented to Committee of the Whole and the Mayor and Clerk be authorized to execute the said Memorandum of Understanding and any document ancillary thereto or necessary to give effect to the transaction. E TFIN M&C No. 2022-090 Report Date March 17, 2022 Meeting Date March 21, 2022 Service Area Growth and Community Development Services SUBJECT: Termination of Lease Agreement — Baking Stone EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL After twenty years at the City Market, the Baking Stone has chosen not to sign a new lease agreement with the City. In recognition of the long-term tenancy of the Baking Stone and due to the impacts from Covid-19 the City has waived all outstanding arrears owing by the vendor. The City and City Market staff would like to offer its best wishes to Ms. Vera Bochar, owner of the Baking Stone, in her future endeavors. The City will work diligently to attract a new vendor to this incredible space in the historic City Market. COUNCIL RESOLUTION Be It Resolved that the lease agreement with the Baking Stone as referenced in Committee of the Whole M & C Report 2022-090 be formally terminated effective May 1, 2022, and that outstanding arrears of $5310.85 be forgiven, provided the premises are vacated in good condition no later than May 1, 2022.