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2010-06-07_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 07, 2010 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Approval of Minutes 10.2(4) 1.1(a,b) Employment Matter 10.2(4)(b,j) 1.2 Land Matter 10.2(4)(c,d) 1.3 Negotiations 10.2(4)(c) 1.4 Legal Opinion 10.2(4)(f,g) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of Minutes - May 10th, 2010 2.2 Approval of Minutes - May 25th, 2010 3. Adoption of Agenda 3.1 Duke of Edinburgh Award 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 McCleave -Porter letter: Duke Street West (Recommendation: Receive for Information) 5.2 Teed Letter - Alaska's First City (Recommendation: Request Mayor Send Greeting Letter) 5.3 Enterprise Backup and Recovery Solution Implementation Using IBM Tivoli Storage Manager (Recommendation in Report) 5.4 Moosehead Request for Committee of the Whole Meeting (Recommendation: Refer to Clerk to Schedule) 5.5 Commercial Activity at 7 -9 MacLaren Blvd, corner of Somerset St and Samuel Davis Dr (Recommendation: Receive for Information) 5.6 Sale of a Stopped Up and Closed Portion of Sussex Dr (Recommendation in Report) 5.7 Milford Area Proposed Parkland (Recommendation in Report) 5.8 Saint John Salvage Corps & Fire Police Admission of New Members (Recommendation in Report) 5.9 Engagement of Engineering Consultant Westmorland Rd Reconstruction (Recommendation in Report) 5.10 Land Acquisition Thorne Ave Lift Station 4 Project - Freehold Land Purchase Downey Ford Sales Ltd (Recommendation in Report) 5.11 Proposed Public Hearing Date - 855 Danells Dr (Recommendation in Report) 5.12 Watershed Land Acquisition Update Portion of PID 428524 - 4361 Loch Lomond Rd (Recommendation in Report) 5.13 Terms of the May 2010 Debenture Issue (Recommendation: Receive for Information) 5.14 Street Naming (Recommendation in Report) 5.15 Westfield Rd Reconstruction Project Acquisition of Crown Land (Recommendation in Report) 5.16 Easement Acquisition for Relocation of Municipal Sewer Line 70 Thorne Ave PID 19869 (Recommendation in Report) 5.17 Absence Management Service - Manulife (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Red Hat Society Day June 12, 2010 8. Delegations/ Presentations 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading - Proposed Zoning ByLaw Amendment 1861 Manawagonish Rd 10.2 Third Reading - Proposed Zoning ByLaw Amendment 42 -44 Westmorland Rd 11. Submissions by Council Members 11.1 Pay Equity for Women (Councillor Higgins) 11.2 Police Headquarters and City Hall Building (Councillor Higgins) 11.3 Traffic on Rocky Terrace (Councillor Killen) 11.4 Pedestrian and Cyclist Access to the Uptown (Councillor Killen) 11.5 Economic Development for Saint John (Councillor McGuire) 11.6 West Saint John Urban Property Challenges (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 City Manager: Neighbourhood Development Stimulation Grant Applications 2010 12.2 City Manager: Fairville Boulevard Planning Exercise 12.3 City Manager: 27 Brentwood Crescent Woodward Avenue Storm Sewer, Contract No 2009 12.4 City Manager: Cedar Point Estates Development Standards and Infrastructure Maintenance 12.5 City Manager: Reversing Falls Master Plan 12.6 City Manager: Engineering Design Services Peel Plaza Municipal Infrastructure Upgrades 13. Committee Reports 13.1 Saint John Industrial Parks Ltd: Response to Councillor Higgins' Letter Entitled Industrial and Busines Parks Renewable Energy 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment The City of Saint John Seance du conseil communal Le lundi 7 juin 2010 Comit6 pl6nier 1. Ouverture de la seance 17 h — Salle de conference, 8e kage, h6tel de ville 1.0 Approbation du proces- verbal — paragraphe 10.2(4) 1.1 a), b) Question relative a 1'emploi — alin6as 10.2(4)b), j) 1.2 Question relative aux biens -fonds — alin6as 10.2(4)c), d) 1.3 N6gociations — alin6a 10.2(4)c) 1.4 Avis juridique — alin&as 10.2(4)f, g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la s6ance tenue le 10 mai 2010 2.2 Approbation du proces- verbal de la s6ance tenue le 25 mai 2010 3. Adoption de 1'ordre du jour 3.1 Prix du Duc d'Adimbourg 4. Divulgations de conflits d'int6rets 5. Questions soumises it 1'approbation du conseil 5.1 Lettre de McCleave- Porter concernant la rue Duke Ouest (recommandation accepter a titre informatif 5.2 Lettre de Teed concernant la premiere ville d'Alaska (recommandation demande visant a ce que le maire envoie une lettre de f6licitations) 5.3 Mise en oeuvre de la solution de sauvegarde et de r6cup6ration pour les entreprises a 1'aide du gestionnaire de stockage Tivoli d'IBM (recommandation figurant au rapport) 5.4 Demande soumise par Moosehead qui d6sire faire une pr6sentation lors de la tenue dune s6ance du comit6 pl6nier (recommandation : transmettre a la greffi&re pour qu'une date de pr6sentation soit fix6e) 5.5 Activit6s commerciales au 7 -9, boulevard MacLaren, au coin de la rue Somerset et de la promenade Samuel Davis (recommandation : accepter a titre informatif) 5.6 Vente dun trongon de la promenade Sussex ferm6 a la circulation (recommandation figurant au rapport) 5.7 Projet de parc dans la region de Milford (recommandation figurant au rapport) 5.8 Services de police, d'incendie et de corps de sauvetage de Saint John — admission de nouveaux membres (recommandation figurant au rapport) 5.9 Embauche d'un ing6nieur- conseil relativement a la refection du chemin Westmorland (recommandation figurant au rapport) 5.10 Acquisition fonci&e de la station de relevement ri 4 de 1'avenue Thorne — Acquisition de l'int6r& franc sur le bien -fonds par 1'entreprise Downey Ford Sales Ltd (recommandation figurant au rapport) <5.11 Date propos6e pour la tenue dune audience publique concernant le 855, promenade Danells (recommandation figurant au rapport) 5.12 Mise a jour relative a 1'acquisition de bien -fonds relative au bassin versant de la propri6t6 portant le NID 428524 situ6e au 4361, chemin Loch Lomond (recommandation figurant au rapport) 5.13 Modalit6s relatives a 1'6mission d'obligations de mai 2010 (recommandation accepter a titre informatiD 5.14 Attribution de nom de rue (recommandation figurant au rapport) 5.15 Projet de refection du chemin Westfield — Acquisition des biens -fonds de ]a Couronne (recommandation figurant au rapport) 5.16 Acquisition d'une servitude relative au d6placement du r6seau d'6gout municipal visant le 70, avenue Thorne (recommandation figurant au rapport) 5.17 Service de gestion des absences — Manuvie (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ6e de la Red Hat Society le 12 juin 2010 8. Delegations et presentations 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Troisi6me lecture du projet de modification de 1'Arr6t6 de zonage visant le 1861, chemin Manawagonish 10.1 Troisieme lecture du projet de modification de 1'Arret6 de zonage visant le 42 -42, chemin Westmorland 11. Interventions des membres du conseil 11.1 Equit6 salariale pour les femmes (conseillere Higgins) 11.2 Quartier g6n6ral du service de police et batiment de 116tel de ville (conseillere Higgins) 11.3 Circulation sur la terrasse Rocky (conseiller Killen) 11.4 Acc6s des pi6tons et des cyclistes au centre -ville (conseiller Killen) 11.5 D6veloppement 6conomique dans Saint John (conseiller McGuire) 11.6 136fis li6s aux biens fonciers urbains dans Saint John Ouest (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur g6n6ral : Demandes dans le cadre de la Subvention d'encouragement de 1'am6nagement du voisinage de 2010 12.2 Directeur g6n6ral : Exercice de planification du boulevard Fairville 12.3 Directeur g6n6ral : 27, croissant Brentwood — Egout pluvial de 1'avenue Woodward — Contrat ri 2009 5 12.4 Directeur g6n6ral : Entretien des infrastructures et normes d'am6nagement du lotissement Cedar Point Estates 12.5 Directeur g6n6ral : Plan d'am6nagement du projet Chutes r6versibles 12.6 Directeur g6n6ral : Services de conception technique visant la modernisation de l'infrastructure municipale de la place Peel 13. Rapports d6pos6s par les comit6s 13.1 Saint John Industrial Parks Ltd.: R6ponse a la lettre de la conseiNre Higgins intitul6e Pares industriels et commerciauxtnergie renouvelable 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 16. Lev& de la s6ance 0 4 .4 J The ab ofsaint inhn June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of June 7, 2010 contains the following items on the agenda: 1.0 Approval of Minutes 10.2(4); 1.1(a,b) Employment Matter 10.2(4)(b,j);1.2 Land Matter 10.2(4)(c,d);1.3 Negotiations 10.2(4)(c);1.4 Legal Opinion 10.2(4)(f,g) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": (b) personal information (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract (d) the proposed or pending acquisition of or disposition of land for a municipal purpose (f) information concerning legal opinions or advice provided to the municipality by a municipal Solicitor, or privileged communications as between solicitor and client in a matter of municipal business (g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal (j) labour and employment matters, including the negotiation of collective agreements Sincerely, Jonathan Taylor Assistant Common Clerk SAINT JOHN P.O. Bux 1.471 Saint Whn, N5 Canada E2L 40 I www. saintlahn.ca I C.P. 1971 Saint Jahn, N,-E, Canada EA 4L1 7 95 -302 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 COMMON COUNCIL MEETING -- THE CITY OF SAINT JOHN CITY HALL — MAY 10, 2010 - 7:00 P.M. Present: Deputy Mayor Chase and Councillors Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; K. Clifford, District Fire Chief; G. McCloskey, Police Staff Sergeant; B. Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 10 MAI 2010 A 19 H Sont presents : le maire suppleant Chase et les conseillers Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; K. Clifford, chef du service d'incendie de district; G. McCloskey, sergent d'etat -major du service de police; B. Morrison, commissaire des Services des loisirs ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer The Deputy Mayor called the meeting to order and Reverend Lloyd Lake offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire suppleant, et le pasteur Lloyd Lake recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on April 19, 2010 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 19 avril 2010 soit approuve. A ('issue du vote, la proposition est adoptee. 95 -303 COMMON COUNCIUCONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 3, Approval of Agenda On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the agenda of this meeting be approved with the addition of items 9.3(c) Letter of Opposition for Proposed Zoning By- Law Amendment 1000 Sandy Point Road; 5.21 License agreement to Operate a Horse Barn in Rockwood Park; 10.3 Proposed Municipal Plan Amendment for 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street; 13.3 Committee of the Whole: Recommended Appointments to Committees; 13.4 Committee of the Whole: I.A.F.F. Local 771 v. The City of Saint John Disability Pension Grievance Judicial Review; and further that item 5.18 Designation to Issue Building Permits Pursuant to Section 8(4) of the Saint John Building By- Law be removed from the consent agenda and added as item 12.6. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'ordre du jour de la presente reunion soit approuve, moyennant I'ajout du point 9.3c) Lettre d'opposition au projet de modification de I'Arrete de zonage visant le 1000, chemin Sandy Point; 5.21 Licence d'exploitation d'une 6curie a I'interieur du part Rockwood; 10.3 Projet de modification du plan municipal visant les 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James; 13.3 Comite pl6nier : Recommandations de nominations pour sieger aux comites; 13.4 Comit6 plenier : examen judiciaire — section locale 771 (IAFF) c. The City of Saint John dans I'affaire du grief lib aux prestations d'invalidite; et que le point 5.18 Designation pour delivrer des permis de construction aux termes du paragraphe 8(4) de I'AmR6 relatif a la construction de Saint John soit retire de I'ordre du jour et ajout6 sous le point 12.6. A Tissue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1 Proposed By -Law Amendment Stop Up and Close Portion of Sussex Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close a portion of Sussex Drive, by adding thereto Section 212 immediately after Section 211 thereof, with no objections received. The Deputy Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with Hodges Hamm of 66 Foley Court requestinging that Council approve the proposed street closure. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of Sussex Drive by adding thereto Section 212 immediately after Section 211 thereof, be read a first time. Question being taken, the motion was carried Read a first time by title, the by -law entitled "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John ". On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of Sussex Drive by adding thereto Section 212 immediately after Section 211 thereof be read a second time. 95 -304 COMMON COUNCIUCONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning by -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1 Projet de modification de I'Arrete de zonage visant la fermeture et le barrage dun trongon de la promenade Sussex La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de I'arrete sur [a fermeture de routes en vue de fernier et de barrer un trongon de la promenade Sussex, et ce, par I'ajout de I'article 212 a la suite de I'article 211, et qu'aucune opposition n'a ete reque. Le maire suppleant invite le public a se prononcer contre la modification proposee, mais personne ne prend la parole. Le maire suppleant invite les membres du public a exprimer leur appui quanta la modification proposee. Hodges Hamm du 66, impasse Foley demande que le conseil approuve la proposition de fermeture d'un trongon de la promenade. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que I'arrete intitule a Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John concernant un trongon de la promenade Sussex par I'ajout de I'article 212 a la suite de I'article 211, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete concernant la fermeture et le barrage de routes dans The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Sullivan RtSOLU que I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John concernant un trongon de la promenade Sussex par I'ajout de I'article 212 a la suite de I'article 211, fasse I'objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John yr. 9.2 (a) Proposed Zoning By -Law Amendment 1275 Grandview Avenue 9.2(b) Planning Advisory Committee Report recommending denial of proposal The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1275 Grandview Avenue and having an area of approximately 8100 square metres, also identified as being a portion of PID number 55124358 from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its May 4th, 2010 meeting at which the Committee recommended that Common Council deny the application to rezone a parcel of land located at 1275 Grandview Avenue as described above. The Deputy Mayor called for members of the public to speak against the proposed amendment with Eric Daley of 110 Wyatt Crescent, Lee Miller of 1289 Grandview Avenue and Margaret Dubee of 1330 Grandview Avenue expressing concerns with respect to the proposed on -site septic system, the elevation of the lot, the impact of non- residential development on the existing residential neighbourhood, and the driveway location. 10 95 -305 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 201011-E 10 MAI 2010 The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with Bob Landry, the applicant, and Jamie Dobbelsteyn, purchaser of the property, stating that they did not agree with the staff recommendation to deny the application. Peter McKelvey of Fundy Engineering stated that his firm designed the septic system for the property in question, noting that the system was designed according to the Department of Health regulations. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Council deny the application to change the zoning from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, for a property located at 1275 Grandview Avenue. Question being taken, the motion was carried with Councillor Titus voting nay. 9.2a) Projet de modification de I'Arrete de zonage visant le 1275, avenue Grandview 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rejet de la proposition La greffiere communale indique que les avis requis ont et6 publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 8 100 metres carres situee au 1275, avenue Grandview, inscrite en partie sous le NID 55124358 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a quartier a vocation collectif cc 1L -1 » . Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 4 mai 2010, a laquelle le Comite a decide de recommander que le conseil communal refuse la demande de rezonage d'une parcelle de terrain situee au 1275, avenue Grandview, Celle qu'elle est decrite ci- dessus. Le maire suppleant invite le public ;A se prononcer contre la modification proposee. Eric Daley du 110, croissant Wyatt, Lee Miller du 1289, avenue Grandview et Margaret Dubee du 1330, avenue Grandview expriment leurs inquietudes concernant le projet de fosse septique individuelle, I'elevation du lot, l'incidence de I'amenagement non residentiel sur le quartier residentiel existant et 1'emplacement de la voie d'acces. Le maire suppleant invite les membres du public a exprimer leur appui quant a la modification proposee. Bob Landry, le requerant, et Jamie Dobbelsteyn, l'acheteur de la propriete, indiquent qu'ils ne sont pas d'accord avec la recommandation du personnel de refuser la demande. Peter McKelvey de Fundy Engineering souligne que la firme a conru la fosse septique susmentionnee et que celle-ci est conforme aux reglements du ministere de la Sante. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil refuse la demande visant a faire passer la designation de la propriete situee au 1275, avenue Grandview de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a quartier a vocation collectif a IL -1 ». A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 9.3 (a) Proposed Zoning By -Law Amendment 1000 Sandy Point Road 9.3(b) Planning Advisory Committee Report recommending rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1000 Sandy Point Road, and having an area of approximately 4450 square metres, also identified as PID number 00050641, from "RS -2' One and Two Family Suburban Residential to "RM -2" High Rise Multiple Residential. 11 95 -306 COMMON COUNCIUCONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its May 4th, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 1000 Sandy Point Road, as described above with Section 39 conditions. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the Planning Advisory Committee, Common Council defer 3rd reading of the proposed rezoning until such time as the study currently being conducted by Municipal Operations and Engineering regarding the carrying capacity of the storm water and sanitary sewer systems of the Brentwood/ Kennebecasis /Meadowbank /Millidge Basin is completed. Question being taken, the motion was carried. The Deputy Mayor called for members of the public to speak against the proposed amendment with Norman Robichaud of 940 Sandy Point Road expressing concerns with respect to the blasting that would occur during the construction of the proposed development and its potential impact on his well and septic system. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with Andrew Toole of Terrain Group, the applicant, stating that he was in agreement with the staff report and recommendation. He noted that the developer would be fully liable if any damage were to occur to Mr. Robichaud's property as a result of blasting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1000 Sandy Point Road, and having an area of approximately 4450 square metres, also identified as PID number 00050641, from "RS -2" One and Two Family Suburban Residential to "RM -2" High Rise Multiple Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by -law entitled, "A By -Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 1000 Sandy Point Road, and having an area of approximately 4450 square metres, also identified as PID number 00050641, from "RS -2" One and Two Family Suburban Residential to °RM -2" High Rise Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend the Zoning by -Law of The City of Saint John." (Councillor Killen withdrew from the meeting) 9.3a) Projet de modification de I'Arrete de zonage visant le 1000, chemin Sandy Point 9.3bj Rapport du Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale mentionne que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 4 450 metres carres, situee au 1000, chemin Sandy Point, et inscrite sous le N I D 00050641, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle d'immeubles -tours a logements multiples o RM -2 )). 12 95 -307 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 20101LE 10 MAI 2010 Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 4 mai 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 1000, chemin Sandy Point, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le Comite consultatif d'urbanisme, le conseil communal reporte la troisieme lecture du rezonage propose jusqu'e I'achevement de I'etude actuellement menee par le service Operations municipales et Genie sur la capacite limite de I'egout sanitaire et de I'egout pluvial du bassin de Brentwood, de Kennebecasis, de Meadowbank et de Millidge. A ('issue du vote, la proposition est adoptee. Le maire suppleant invite le public a se prononcer contre la modification proposee. Norman Robichaud du 940, chemin Sandy Point exprime ses inquietudes quant au dynamitage pendant la construction de I'amenagement propose et a ('incidence potentielle sur son puits et sa fosse septique. Le maire suppleant invite les membres du public a exprimer leur appui quant a la modification proposee. Le requerant, Andrew Toole de Terrain Group, se prononce en faveur de la recommandation et du rapport du personnel. II indique que le promoteur serait responsable de tout dommage, le cas echeant, a la propriete de M. Robichaud cause par le dynamitage. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John )>, modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1000, chemin Sandy Point, d'une superficie approximative de 4 450 metres carres, inscrite sous le NID 00050641, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a R -2 » a zone residentielle d'immeubles -tours e logements multiples « RM -2 n, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule cc Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1000, chemin Sandy Point, dune superficie approximative de 4 450 metres carres, inscrite sous le NID 00050641, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales (( R -2 n a zone residentielle d'immeubles -tours a logements multiples « RM -2 )), fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arr &6 intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». (Le conseiller Killen quitte la reunion.) 9.4 (a) Proposed Zoning By -Law Amendment 210 Lakewood Avenue 9.4 (b) Planning Advisory Committee Report recommending rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 210 Lakewood avenue and having an area of approximately one hectare, also identified as being a portion of PID number 55190599 from "RS -1" One and Two Family Suburban Residential to "R -2° One and Two Family Residential. 13 95 -308 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 4th, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 210 Lakewood Avenue as described above. The Deputy Mayor called for members of the public to speak against the proposed amendment with Peter Waller of 199 Lakewood Ave, representing the Lakewood Heights Residents Group, Terry Evans of 191 Lakewood Ave, Khaled Zouaoui of 181 Lakewood Ave, Steve McAuliffe, and Tammy Brian of 37 David Street outlining the following concerns: water damage from sewer backup, water damage from surface runoff, traffic dangers, traffic impact on road conditions, structural damage to dwellings, noise pollution, increased taxes, and a degraded quality of life. The Deputy Mayor called for members of the public to speak in favour of the proposed amendment with Bev Purinton, the applicant, stating that he was in agreement with the staff report and recommendations. Councillor Court proposed a motion, which was not seconded, to deny the application. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 210 Lakewood Avenue and having an area of approximately one hectare, also identified as being a portion of PID number 55190599 from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a first time. Question being taken, the motion was carried with Councillor Court voting nay. Read a first time by title, the by -law entitled "A By -Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 210 Lakewood Avenue and having an area of approximately one hectare, also identified as being a portion of PID number 55190599 from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a second time. Question being taken, the motion was carried with Councillor Court voting nay. Read a second time by title, the by -law entitled, "A By -Law to Amend the Zoning by -Law of The City of Saint John." 9.4a) Projet de modification de I'Arrete de zonage visant le 210, avenue Lakewood 9.4b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ un hectare situee au 210, avenue Lakewood, inscrite en partie sous le NID 55190599 afn de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales c R -2 ». Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 4 mai 2010, a laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 210, avenue Lakewood, telle qu'elle est decrite ci- dessus. 14 95 -309 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 201011-E 10 MAI 2010 Le maire suppleant invite le public a se prononcer contre la modification proposee. Peter Waller du 199, avenue Lakewood, representant le Lakewood Heights Residents Group, Terry Evans du 191, avenue Lakewood, Khaled Zouaoui du 181, avenue Lakewood, Steve McAuliffe et Tammy Brian du 37, rue David expriment les preoccupations suivantes : les dommages causes par le refoulement des egouts, les dommages causes par 1'ecoulement de surface, les dangers lies a la circulation, ('incidence de la circulation sur 1'etat de la route, les dommages structuraux aux habitations, la pollution par le bruit, la hausse des taxes et la baisse de la qualite de vie. Le maire suppleant invite les membres du public a exprimer leur appui quant a la modification proposee. Bev Purinton, la requerante, se prononce en faveur des recommandations et du rapport du personnel. Le conseiller Court presente une proposition, qui nest pas appuyee, afin que I'on refuse la demande. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John n, modifiant l'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 210, avenue Lakewood, d'une superficle approximative de un hectare, inscrite sous le NID 55190599, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RItSOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 210, avenue Lakewood, d'une superficie approximative de un hectare, inscrite sous le NID 55190599, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » e zone residentielle — habitations unifamiliales et bifamiliales « R -2 7>, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the Teed letter dated April 21, 2010 regarding postage promotion for Saint John be received for information. 5.2 That the Teed letter dated April 27, 2010 regarding outdated advertising be received for information. 5.3 That the Teed letter dated April 29, 2010 regarding potable water be received for information. 5.4 That the Saint John 225 Arts Awards Budget be approved as submitted. 5.5 That as recommended by the City Manager in the submitted report M &C 2010- 957. Uptown Saint John Fagade Incentive Program, Common Council approve a contribution of $10,000 from the General Capital Fund — Development Incentive 15 95 -310 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 2010I1-E 10 MAI 2010 Program to Uptown Saint John Incorporated to partner in the implementation of Uptown Saint John's Facade Program 2010 subject to the following conditions: a) That the City's contribution be used to pay no more than 50% of the value of any approved grant and that all program administration costs be the responsibility of Uptown Saint John Incorporated; and b) That any portion of the City's contribution not paid out in the form of a grant be repaid to the City at the conclusion of the program. Further, that the Commissioner of Planning and Development be directed to name a qualified staff member to serve as the City's representative on the Facade Program Committee. 5.6 That as recommended by the City Manager in the submitted report M &C 2010- 150: Land Acquisition Thorne Ave Lift Station #4 Project, in the event that New Brunswick Power Generation Corporation (Genco) and New Brunswick Power Transmission Corporation agree, the City of Saint John acquire from Genco a municipal services easement in lands designated by PID numbers 00348060, 55021653 and 55042675 and freehold title to a portion of lands designated by PID numbers 00348060 and 55021653 for the sum of $34,563.00 and upon the terms and conditions contained in the said Agreement submitted with said report; and further, that the Mayor and Common Clerk be authorized to sign all documentation required to complete the acquisitions. 5.7 That as recommended by the City Manager in the submitted report M &C 2010- 151: Lease Renewal for 188 and 192 — Courtenay Bay Saint John Port Authority Property, The City of Saint John renew Lease number 188 with the Saint John Port Authority Corporation for a further one (1) year term (commencing January 1, 2010, expiring on December 31, 2010), at an annual rent of $325.00 per annum (plus HST if applicable), and that The City of Saint John renew Lease number 192 with the Saint John Port Authority Corporation for a further one (1) year term (commencing January 1, 2010, expiring on December 31, 2010), at an annual rent of $2,167.00 per annum (plus HST if applicable); and further, that the Mayor and Common Clerk be authorized to execute the lease renewals. 5.8 That as recommended by the City Manager in the submitted report M &C2010- 152: Lease 222 Lower Cove Loop — Saint John Port Authority, The City of Saint John renew Lease number 222 with the Saint John Port Authority Corporation for a further one (1) year term (commencing January 1, 2010, expiring on December 31, 2010), at an annual rent of $325.00 per annum (plus HST if applicable); and further, that the Mayor and Common Clerk be authorized to execute the lease renewal. 5.9 That as recommended by the City Manager in the submitted report M &C 2010- 153: Easement Acquisition for Municipal Sewer Line 185 Carmarthen Street, The City of Saint John acquire an Easement for Municipal Services in and through the portion of PID number 55201602 as detailed on the submitted Plan of Survey, titled "Easement for Municipal Services crossing Tannery Court Cooperative Limited Property, St. Andrews Street, City of Saint John, Saint John County, New Brunswick" ;and further, that the Mayor and Common Clerk be authorized to sign any document(s) necessary to finalize this transaction. 5.10 That as recommended by the City Manager in the submitted report M &C 2010- 156: Purchase and Sale Agreements for Former Tudor Lane Woodhaven Drive: 1) Subject to the reservation of easements for municipal services, The City of Saint John sell Parcels A and B Drawing number S03353S (Hughes Surveys & Consultants Inc.) to NJP Developments Inc. upon the terms and conditions set out in the Agreement of Purchase and Sale submitted with said report; 2) Subject to the reservation of easements for municipal services, The City of Saint John sell Parcel D drawing number S03353S (Hughes Surveys & Consultants Inc.) to GLC Realty Limited upon the terms and conditions set out in the Agreement of Purchase and Sale submitted with said report; 3) Common Council assent to any municipal services easements 1 easements for municipal services required on lands owned by GLC Realty Limited, identified by PID numbers 422709, 55152821 and 380634; and 4) The Mayor and Common Clerk sign all documents required to complete the transactions. 5.11 That as recommended by the City Manager in the submitted report M &C 2010- 154: Brentwood Crescent Storm Sewer Early Access: 16 95 -311 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 2010ILE 10 MAI 2010 1) Subject to Cabinet approval, The City of Saint John acquire from the Province of New Brunswick municipal services easements 1 easements for municipal services in and through lands designated as PID numbers 49932 and 55100200 along the routing as generally shown on the tentative subdivision plans submitted with said report for the sum of $28,636.50; 2) The City of Saint John undertake access to lands designated by PID numbers 49932 and 55100200 upon the terms and conditions set out in the letter from the Province of New Brunswick, dated April 29, 2010 and submitted with the aforesaid report; and 3) The Mayor and Common Clerk be authorized to execute said Early Entry Letter and sign any necessary document(s) to finalize these transactions. 5.12 That as recommended by the City Manager in the submitted report M &C 2010- 167: Vibratory Asphalt Compactor, the tender submitted by Atlantic Tractors and Equipment Ltd., for the supply of a 2010 CC24 Caterpillar Vibratory Asphalt Compactor for a bid price of $39,950.00, plus tax, be accepted. 5.13 That as recommended by the City Manager in the submitted report M &C 2010- 16: Lighting Upgrade — Market Square Parking Garage, Tender number 2010- 062302T: Lighting Upgrade — Market Square Parking Garage be awarded to the low bidder, Design Electric Inc., at the tax - excluded tendered price of $56,400.00. 5.14 That as recommended by the City Manager, subject to Cabinet approval, The City of Saint John acquire from the Province of New Brunswick an easement for municipal services in and through lands designated as PID number 00046524 along the routing as generally shown on the tentative subdivision plan attached to M&C 2010 -48 for the sum of $44,283.00 and that the Mayor and Common Clerk be authorized to execute all necessary documents. 5.15 That as recommended by the City Manager in the submitted report M &C 2010- 166: Asphalt Reinstatement of Utility Cuts Additional Locations, Council authorize adding approximately 2750m2 for utility cut reinstatements to Tender 2010- 084901T Asphalt Reinstatement of Utility Cuts. 5.16 That Council receive for information the submitted report M &C2010 -165: Public Information Session — Mountain View Drive and Rothesay Avenue. 5.17 That Council receive for information the submitted report M &C 2010 -159: Public Information Session — Brentwood Crescent — Woodward Avenue Storm Sewer. 5.18 Refer to item 12.6 5.19 Refer to item 14.1 5.20 That as recommended by the Saint John 225 Committee, Common Council grant approval of the submitted Imperial Theatre Rental Agreement and authorize the Mayor and Common Clerk to execute the appropriate documentation. 5.21 That Common Council approve a License Agreement with Turn of the Century Trolleys Inc. in the form and on the terms and conditions as submitted for a term of 10 years and the Mayor and Common Clerk be authorized to execute the License Agreement. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.19 Award of Proposal for Consulting Services — Organizational Alignment, which has been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de M. Teed datee du 21 avril 2010 concernant la promotion postale pour Saint John soit acceptee 6 titre informatif. 17 95 -312 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 5.2 Que la lettre de M. Teed datee du 27 avril 2010 concernant la publicite plus a jour soit acceptee a titre informatif. 5.3 Que la lettre de M. Teed datee du 29 avril 2010 concernant 1'eau potable soit acceptee a titre informatif. 5.4 Que le budget pour bourses dans le domaine des arts dans le cadre de la celebration du 225e soit approuve tel qu'il est presents. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2090 -157: programme d'encouragement d'amenagement de facade de Uptown Saint John, le conseil communal verse une contribution de 10 000 $ du budget d'im mobil isations du fonds d'administration — programme incitatif d'amenagement a Uptown Saint John Incorporated afin qu'il participe a la mise en oeuvre du programme d'encouragement d'amenagement de facade de Uptown Saint John 2010 assujetti aux conditions suivantes : a) que la contribution de la Ville serve a payer jusqu'a concurrence de 50 p. 100 de la valeur de toute subvention approuvee, et que tous les frais d'administration du programme incombent a Uptown Saint John Incorporated; b) que toute partie de la contribution de la Ville non versee sous forme de subvention soit remboursee 6 la Ville une fois le programme terming. Par ailleurs, que le commissaire d'Urbanisme et developpement soit charge de nommer un employs qualifie pour agir a titre de reprgsentant de la Ville au sein du comite du programme d'amsnagement de facade. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -950: projet d'acquisition fonciere de la station de relevement no 4 de l'avenue Thorne, si la Corporation de production Energie Nouveau- Brunswick (Genco) et la Corporation de transport Energie Nouveau - Brunswick en conviennent, The City of Saint John obtienne de Genco une servitude aux fins de services municipaux situge sur les biens -fonds inscrits sous les NID 00348060, 55021653 et 55042675 et le titre franc d'une partie des biens -fonds inscrits sous les NID 00348060 et 55021653 pour la somme de 34 563 $, aux conditions enoncees dans ladite convention dudit rapport, et que le maire et la greffiere communale soient autorises a signer toute la documentation ngcessaire pour conclure les acquisitions. 5.7 Que, comme le recommande le directeur gsneral dans le rapport soumis intitule M/C 2090 -151 : reconduction des baux no 988 et 992 — propriety de I'Administration portuaire de Saint John, The City of Saint John reconduise le bail no 188 avec I'Administration portuaire de Saint John pour une durge supplementaire de un (1) an, soil du 1of janvier 2010 au 31 decembre 2010, que le loyer annuel se chiffre a 325 $, TVH en sus (le cas echeant); et que The City of Saint John reconduise le bail no 192 avec ['Administration portuaire de Saint John pour une durge supplementaire de un (1) an, soit du 1"janvier 2010 au 31 decembre 2010, que le toyer annuel se chiffre a 2 167 $, TVH en sus (le cas echeant), et que le maire et la greffiere communale soient autorises a signer la reconduction des baux. 5.8 Que, comme le recommande le directeur gsneral dans le rapport soumis intitule M/C 2010 -952: bail n° 222 (Lower Cove Loop) — administration portuaire de Saint John, The City of Saint John reconduise le bail no 222 avec I'Administration portuaire de Saint John pour une durge supplementaire de un an (1), soit du 1 er janvier 2010 au 31 decembre 2010, que le loyer annuel se chiffre a 325 $, TVH en sus (le cas 6cheant), et que le maire et la greffiere communale soient autorises a signer la reconduction du bail. 5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2090 -953: acquisition dune servitude relative au reseau d'6gout municipal visant Ie 185, rue Carmarthen, The City of Saint John acquiere une servitude aux fins de services municipaux associee a la parcelle de terrain portant le NID 55201602 telle qu'elle est indiquee sur le plan d'arpentage soumis intitulg « servitude aux fins de services municipaux traversant la propriete de Tannery Court Cooperative Ltd., la rue St. Andrews, la ville de Saint John et le comte de Saint John au Nouveau - Brunswick », et que le maire et la greffiere communale soient autorises a signer les documents necessaires pour conclure cette transaction. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2090 -156: contrat d'achat -vente concernant I'ancienne allye Tudor et la promenade Woodhaven: 18 95 -313 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 20101LE 10 MAI 2010 1) sous reserve de la reservation d'une servitude de services municipaux, The City of Saint John procede a la vente des parcelles A et B portant le numero de croquis S03353S (Hughes Surveys & Consultants Inc.) a NJP Developments Inc. selon les conditions enoncees dans le contrat d'achat -vente soumis avec ledit rapport; 2) sous reserve de la reservation d'une servitude de services municipaux, The City of Saint John procede a la vente de la parcelle D portant le numero de croquis S03353S (Hughes Surveys & Consultants Inc.) a GLC Realty Limited selon les conditions enoncees dans le contrat d'achat -vente soumis avec ledit rapport; 3) le conseil communal approuve toute servitude aux fins de services municipaux requise sur les biens -fonds qui appartiennent a GLC Realty Limited et qui sont inscrits sous les NID 422709, 55152821 et 380634; 4) le maire et la greffiere communale signent tous les documents necessaires pour conclure les transactions. 5.11 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -154: egout pluvial du croissant Brentwood — acces anticipe : 1) sous reserve de I'approbation du Cabinet, The City of Saint John acquiert du gouvernement du Nouveau - Brunswick une servitude de services municipaux associee aux biens -fonds inscrits sous les NID 49932 et 55100200 avec le trace qui est represents en general sur les plans de lotissement provisoires soumis avec ledit rapport pour la somme de 28 636,50 $; 2) The City of Saint John se charge de I'acces aux biens -fonds inscrits sous les NID 49932 et 55100200 selon les conditions enoncees dans lettre du gouvernement du Nouveau - Brunswick datee du 29 avril 2010 soumise avec ledit rapport; 3) le maire et la greffiere communale soient autorises a signer ladite lettre concernant I'acces anticipe et tout document necessaire pour conclure ces transactions. 5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -167: vibrocompacteur d'asphalte, la soumission presentee par Atlantic Tractors and Equipment Ltd. pour la fourniture d'un vibrocompacteur d'asphalte a chenilles CC24 2010, pour le prix soumissionne de 39 950 $, taxes en sus, soit acceptee. 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-16: modernisation de 1'e0airage de I'aire de stationnement du Market Square, soit la soumission 2010- 082302T, relative a la modernisation de Mclairage de I'aire de stationnement du Market Square soit accordee au soumissionnaire le moins - disant, Design Electric Inc., au prix offert de 56 400 $, taxes en sus. 5.14 Que, comme le recommande le directeur general et sous reserve de I'approbation du Cabinet, The City of Saint John acquiert du gouvernement du Nouveau - Brunswick une servitude de services municipaux associee aux biens -fonds inscrits sous le NID 00046524 avec le trace qui est represents en general sur le plan de lotissement provisoire joint au contrat n° MIC 2010 -48 pour la somme de 44 283 $ et que le maire et la greffiere communale soient autorises a signer tous les documents necessaires. 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -166: restauration de Pasphalte des tranchees destinees aux services publics — emplacements supplementaires, le conseil autorise I'ajout d'environ 2 750 m2 aux fins de la restauration des tranchees destinees aux services publics a la soumission 2010- 084901 T relative a la restauration de I'asphalte des tranchees destinees aux services publics. 5.16 Que le conseil communal accepte a titre informatif le rapport soumis intitule M/C 2010 -165: seance d'information publique — promenade Mountain View et avenue Rothesay. 5.17 Que le conseil communal accepte a titre informatif le rapport soumis intitule M/C 2010 -159: seance d'information publique — egout pluvial du croissant Brentwood et de 1'avenue Woodward. 5.18 Voir le point 12.6. 5.19 Voir le point 14.1. 5.20 Que, comme le recommande le Comite de Saint John 225, le conseil communal approuve 1'entente soumise concernant la location du Theatre Imperial et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 19 95 -314 COMMON COUNCIUCONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 5.21 Que le conseil communal approuve un contrat de licence d'une duree de dix ans avec Turn of the Century Trolleys Inc. selon la forme et les conditions definies et que le maire et la greffiere communale soient autorises a signer le contrat de licence. Proposition du conseiller Titus Appuyee par le conseiller McGuire RtSOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du Conseil, a 1'exclusion du point 5.19 Offre d'appel relative aux services d'experts- conseils — Harmonisation organisationnelle qui a ete selectionne aux fins de deliberations, soit adoptee. A Tissue du vote, la proposition est adoptee. 13.4 Committee of the Whole: I.A.F.F. Local 771 v. The City of Saint John Disability Pension Grievance Judicial Review On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Solicitor or his designate is hereby authorized and directed to commence and proceed with an appeal of the decision of Justice Glennie of the New Brunswick Court of Queen's Bench in the matter of Saint John (City) v. Saint John Fire Fighter's Association, International Association of Fire Fighters, Local 779 (which is reported as 2010 NBQB 159) to the New Brunswick Court of Appeal, and further, is hereby authorized and directed to seek a stay of the Queen's Bench decision should I.A.F.F. Local 771 insist on the implementation of the Award prior to the disposition of the appeal by the New Brunswick Court of Appeal. Question being taken, the motion was carried with Councillors Farren and Higgins voting nay. 13.4 Comite plenier : Examen judiciaire —section locale 771 (IAFF) c. The City of Saint John dans I'affaire du grief lie aux prestations d'invalidite Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'avocat municipal ou son representant regoive, par les presentes, I'ordre et I'autorisation d'en appeler de la decision du juge Glennie de la Cour du Banc de la Reine du Nouveau - Brunswick dans 1'affaire The City of Saint John c. la section locale 771 (international Association of Fire Fighters [IAFFJ) de !Association des pompiers de Saint John (snit 2010 NBBR 159) devant la Cour d'appel du Nouveau - Brunswick, et qu'il regoive, par les presentes, I'ordre et I'autorisation de chercher une suspension de la decision de la Cour du Banc de la Reine si la section locale 771 (IAFF) insiste pour s'en remettre a I'arbitrage avant que la decision afferente a I'appel ne soit rendue par la Cour d'appel du Nouveau - Brunswick. A !'issue du vote, la proposition est acceptee. Le conseiller Farren et la conseillere Higgins votent contre la proposition. 13.2 Saint John 225 Committee: Artist Contracts for Saint John 225's Reunion 2010 Music Festival On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that Council approve the Artist Contracts as submitted with the letter from the Saint John 225 Committee entitled Artist Contracts for Saint John 225's Reunion 2010 Music Festival, and further, that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 20 95 -315 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010lLE 10 MAI 2010 13.2 Comite de Saint John 225 : Octroi de contrats a des artistes pour le festival de musique Reunion 2010 dans le cadre de la celebration du 225' anniversaire de Saint John Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que le Conseil approuve I'octroi de contrats a des artistes tel qu'il en est question dans la lettre reque du comite de Saint John 225 relative a I'octroi de contrats a des artistes pour le festival de musique Reunion 2010 dans le cadre de la celebration du 225' anniversaire de Saint John, et que le maire et la greffiere communale soient autorises a signer les documents necessaires. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.6 Designation to Issue Building Permits Pursuant to Section 8(4) of the Saint John Building By- Law On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council authorize Pamela Bentley P. Eng. to issue building permits under section 8(4) of the Saint John Building By -Law. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.6 Designation pour delivrer des permis de construction aux termes du paragraphe 8(4) de I'Arrete relatif a la construction de Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le Conseil communal autorise Pamela Bentley, ingenieure, a delivrer des permis de construction aux termes du paragraphe 8(4) de I'Arrete relatif a la construction de Saint John. A I'issue du vote, la proposition est adoptee. 12.4 City Manager: Westfield Rd Phase A (Civic # 1920 to Civic # 2184) Street Reconstruction On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Contract number 2009 -20: Westfield Road Phase A (Civic number 1920 to Civic number 2184) — Street Reconstruction be awarded to the tenderer, Galbraith Construction Ltd., at the negotiated tender price of $3,382,607.77 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.4 Directeur general : Phase A en vue de la refection du chemin Westfield (du numero municipal 1920 au numero municipal 2184) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RtSOLU que le contrat no 2009 -20 relatif a la phase A en vue de la refection du chemin Westfield (du numero municipal 1920 au numero municipal 2184), soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 3 382 607,77 $, etabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A ('issue du vote, la proposition est adoptee. 21 95 -316 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 12.3 City Manager: Market Place Water Main, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Contract number 2009 -16: Market Place - Water Main, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $2,996,845.31 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.3 Directeur general : Place Market — Installation de la conduite d'eau principale, des egouts sanitaires et des egouts pluviaux et travaux de refection de la rue Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le contrat no 2009 -16 relatif a la place Market — installation de la conduite d'eau principale, des egouts sanitaires et des egouts pluviaux et travaux de refection de la rue, soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 2 996 845,31 $, 6tabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A I'issue du vote, la proposition est adoptee. 12.2 City Manager: Pipeline Road East Water Transmission Main Phinney Hill to Lakewood Heights Pumping Station On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M &C 2090 -163, Contract number 2010 -6: Pipeline Road East Water Transmission Main — Phinney Hill to Lakewood Heights Pumping Station, be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $6,057,129.96 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.2 Directeur general : Conduite d'eau principale du chemin Pipeline Est: poste de pompage depuis Phinney Hill jusqu'a Lakewood Heights Proposition du conseiller Farren Appuyee par le conseiller Sullivan RI=SOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -163, contrat no 2010 -6 relatif At la conduite d'eau principale du chemin Pipeline Est: poste de pompage depuis Phinney Hill jusqu'a Lakewood Heights, soit accorde au soumissionnaire le moins- disant, Gulf Operators Ltd., au prix offert de 6 057 129,96 $, 6tabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A I'issue du vote, la proposition est adoptee. 12.1 City Manager: Bayside Drive Phase 2 Sanitary Forcemain and Construction of Lift Station 2 On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -964, Contract number 2010 -2: Bayside Drive — Phase 2 New 600mm Sanitary Forcemain and Construction of Lift Station number 2 be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of 22 95 -317 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010ILE 10 MAI 2010 $3,652,449.28 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.1 Directeur general : Phase 2 de la construction et du renouvellement de la condulte de refoulement de la promenade Bayside — station de relevement no 2 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -164, contrat no 2010 -2 relatif a la phase 2 de la construction et du renouvellement de la conduite de refoulement de 600 mm de la promenade Bayside — station de relevement no 2, soit accorde au soumissionnaire le moins - disant, Gulf Operators Ltd., au prix offert de 3 652 449,28 $, etabli a partir de quantites estimatives et, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 10. Consideration of By -laws 10.1 Public Presentation — Proposed Municipal Plan Amendment 157 —177 Germain Street A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A and 2 -C, from Medium Density Residential to Approved Commercial Development classifications, a parcel of land with an area of approximately 1275 square metres, located at 157177 Germain Street, also identified as PID numbers 00010991, 00011007 and a portion of PID numbers 00010975 and 00010983, to add the property as described above to the list of approved commercial developments in sub - section 2.4.6.28. 10. Etude des arretes municipaux 10.1 Presentation publique relative a la modification proposee du plan municipal visant les 157 -177, rue Germain Une presentation publique est donnee relativement a un projet de modification du plan d'amenagement municipal afin de faire passer la designation, aux annexes 2 -A et 2 -C, d'une parcelle de terrain situee au 157 -177, rue Germain, d'une superficie approximative de 1 275 metres carres, inscrite sous les NID 00010991 et 00011007 et une pantie des NID 00010975 et 00010983, de zone residentielle de densite moyenne a zone d'amenagement commercial approuve et qu'elle soit ajoutee a la liste des zones d'amenagement commercial approuve prevue au paragraphe 2.4.6.28. 10.2 Third Reading — Proposed Zoning By -Law Amendment 304 Carmarthen Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "By -Law Number C.P. 110 -141, A Law to Amend The Zoning By -Law of The City of Saint John ", re- zoning a parcel of land located at 304 Carmarthen Street having an area of approximately 200 square metres, also identified as PID number 00000398, from "B -2" General Business to "RM -IF" Multiple Residential Infill, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number CP 110 -141, a Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the "By -Law Number C. P. 110- 141, A Law to Amend The Zoning By -Law of The City of Saint John ", re- zoning a parcel of land located at 304 Carmarthen Street having an area of approximately 200 square metres, also identified as PID number 00000398, from "B -2" General Business to "RM- 23 95-318 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 IF" Multiple Residential Infill, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number CP 110 -141, A Law to Amend the Zoning By -Law of The City of Saint John ". 10.2 Troisieme lecture du projet de modification de I'Arrete de zonage visant le 304, Carmarthen Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule <c Arrete no C.P. 110- 141 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 200 metres carres, situee au 304, rue Carmarthen et portant le NID 00000398, en vue de faire passer la classification de zone Commerciale generale a B -2 n A edifice 6 logements multiples sur terrain intercalaire « RM -IF », fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -141 modifiant I'Arrete de zonage de The City of Saint John r> est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule a Arrete no C.P. 110- 141 modifiant I'Arrete de zonage de The City of Saint John » modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 200 metres carres, situee au 304, rue Carmarthen et portant le NID 00000398, en vue de faire passer la classification de zone commerciale generale oc B -2 » A edifice a logements multiples sur terrain intercalaire (( RM -IF 7), fasse ('objet dune troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule cc Arrete n° C.P. 110 -141 modifiant I'Arrete de zonage de The City of Saint John u. 10.3 Proposed Municipal Plan Amendment — 47 -51 and 63 -69 Ross Street and 72- 74 St. James Street A question was posed regarding a previous application for 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, to which the Commissioner of Planning and Development stated that he would need to review the file prior to making comment. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Council table item 10.3 to allow the Commissioner of Planning to review a previous staff report respecting 47 -51 and 63- 69 Ross Street and 72 -74 St. James Street. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law for item 10.3. Question being taken, the motion was defeated with the Deputy Mayor and Councillors Court, Farren, Higgins, Mott, and Sullivan voting nay. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the meeting time be extended to 11.00 p.m. as provided for in the Procedural By -law. 24 95 -319 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 201011-E 10 MAI 2010 Question being taken, the motion was carried with Councillors Snook and Titus voting nay. (Councillor Titus withdrew from the meeting.) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that item 10.3 Proposed Municipal Plan Amendment: 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street be lifted from the table. Question being taken, the motion was taken. Mr. Forrest stated that he reviewed the previous Municipal Plan amendment application for 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, which went to Council on August 17, 2009. He stated that Council gave first and second reading at that time and he explained that the application was withdrawn prior to third reading, noting that the application has since been revised. On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that item 10.3 Proposed Municipal Plan Amendment: 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street be tabled until the next meeting of Council. Question being taken, the motion was taken with Councillor McGuire voting nay. 10.3 Projet de modification du plan municipal visant Iles 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James Une demande anterieure relative aux 47 -51 et aux 63 -69, rue Ross et aux 72 -74, rue St. James fait ('objet d'une question a laquelle le commissaire a l'urbanisme et au developpement repond qu'il lui faudrait examiner le dossier au prealable avant de pouvoir emettre une opinion. Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RtSOLU que le conseil reporte le point 10.3 afin de permettre commissaire a I'urbanisme et au developpement d'examiner un precedent rapport etabli par le personnel relativement aux 47 -51 et aux 63 -69, rue Ross et aux 72- 74, rue St. James. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de 1'arrete procedural relativement au point 10.3. A Tissue du vote, la proposition est rejetee. Le maire suppleant ainsi que les conseillers Court, Farren, Higgins, Mott et Sullivan votent contre la proposition. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que la reunion se prolonge au -dela de 23 h, conformement aux dispositions de 1'arrete procedural. A I'issue du vote, la proposition est adoptee. Les conseillers Snook et Titus votent contre la proposition. (Le conseiller Titus quitte la reunion.) 25 95 -320 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 20101LE 10 MAI 2010 Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le point 10.3 Projet de modification du plan municipal visant les 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. M. Forrest declare avoir examine la precedente demande de modification du plan municipal relativement aux 47 -51 et aux 63 -69, rue Ross et aux 72 -74, rue St. James, laquelle a ete presentee au conseil le 17 aout 2009. II precise que le conseil a alors procede aux premiere et deuxieme lectures et que la demande a ete retiree avant que la troisieme lecture ait lieu. 11 ajoute, en outre, que cette demande a ete revisee depuis. Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le point 10.3 Projet de modification du plan municipal visant les 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James soit reports a la prochaine reunion du conseil. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 8.1 Terrain Group — Trails and Bikeways Strategic Plan Kevin Watson, Manager for Leisure Services, noted that in October of 2009, Council authorized City staff to engage the Terrain Group to conduct a study for the Trails and Bikeways Strategic Plan. Referring to a submitted report and presentation, Kevin Brooks, Project Planner for the Terrain Group, provided an updated Council with respect to the Trails and Bikeways Strategic Plan. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Council refer the Trails and Bikeways Strategic Plan final report to the City Manager and to the PlanSJ for consideration as part of the municipal planning process, and further, that the City Manager be directed to contact the other two levels of government with the goal of securing funding towards the project. Question being taken, the motion was carried. 8.1 Terrain Group sur le plan strategique d'amenagement des sentiers et des voies cyclables Kevin Watson, gestionnaire des Services des loisirs, fait remarquer qu'en octobre 2009, le conseil a autorise le personnel municipal a faire appel a Terrain Group pour mener une etude sur le plan strategique d'amenagement des sentiers et des voies cyclables. Faisant reference a une presentation et a un rapport soumis, Kevin Brooks, organisateur de projets pour Terrain Group, informe le conseil sur le plan strategique d'amenagement des sentiers et des voies cyclables. Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil transmette le plan strategique d'amenagement des sentiers et des voies cyclables au directeur general et au PlanSJ aux fins d'etude dans le cadre du processus d'urbanisme municipal et que le directeur general soil charge de communiquer aver les deux autres ordres de gouvernement en vue de garantir des fonds pour le projet. A I'issue du vote, la proposition est adoptee. 26 95 -321 COMMON COUNCIL/CONSEIL COMMUNAL MAY 10, 20101LE 10 MAI 2010 8.2 Saint John 225 — Celebrate our City Referring to a submitted report, Peter Buckland and Lisa Hrabluk, representing the Saint John 225 Committee, outlined the various activities and events scheduled for Saint John's 225 anniversary celebrations and they played a Saint John 225 promotional video for Council. 8.2 Saint John 225 — Celebrons notre ville Faisant reference a un rapport soumis, Peter Buckland et Lisa Hrabluk, representants du Comite de Saint John 225, soulignent les divers activites et evenements prevus dans le cadre des ceremonies pour le 225' anniversaire de Saint John et ils montrant une video publicitaire sur Saint John 225 au conseil. 11. Submissions by Council Members 11.1 Harbour Passage Alternate Arrangements (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the City Manager report back to Council regarding alternate arrangements for an active transportation route from the North End 1 Chesley Drive area to Uptown during the construction on the Harbour Bridge. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Autres mesures relatives au Passage du port (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le directeur general fasse un compte rendu au conseil sur les autres mesures prevues relativement a 1'etablissement d'une route pour les transports actifs allant du quartier nord et de la promenade Chesley jusqu'au centre -ville pendant la dune des travaux sur le pant du port. A ('issue du vote, la proposition est adoptee. 11.2 Anglin Drive Pedestrian Safety (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Higgins RESOLVED that the City Manager report back to Council in two weeks with a plan to address the safety concerns for pedestrians along Anglin Drive. Further that Council request that Saint John Transit consider moving the bus stops on Anglin Drive closer to Pidgeon Terrace. Question being taken, the motion was carried. 11.2 Securite du passage a pietons sur is promenade Anglin (conseiller Sullivan) Proposition du conselller Sullivan Appuyee par la conseillere Higgins RtSOLU que le directeur general presente dans deux semaines son rapport au conseil sur un plan destine a assurer la securite des pietons sur [a promenade Anglin. En outre, it est resolu que le conseil demande a Saint John Transit d'envisager de deplacer les arrets d'autobus situes sur la promenade Anglin pour les installer sur la terrace Pidgeon. A I'issue du vote, la proposition est adoptee. 27 95 -322 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010lLE 10 MAI 2010 11.3 Revitalization 130 Milford Road — Saint John West (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the submitted update regarding 130 Milford Road from Councillor McGuire be received for information. Question being taken, the motion was carried. 11.3 Revitalisation concernant le 130, chemin Milford — Saint John Ouest (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RtSOLU que ('information transmise par le conseiller McGuire relativement au 130, chemin Milford, soit acceptee a titre informatif. A l'issue du vote, la proposition est adoptee. 11.4 Traffic — Harbour Bridge (Councillor Titus) On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the submission from Councillor Titus regarding Harbour Bridge Traffic be referred to Staff and the Police Commission for consideration. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. 11.4 Circulation — Pont du port (conseiller Titus) Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que la presentation du conseiller Titus au sujet de la circulation sur le pont du port soit transmise au personnel et au Bureau des commissaires de la police aux fins d'etude. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 11.5 Canadian Mental Health Association (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Higgins RESOLVED that Common Council request that the Canadian Mental Health Association Saint John Branch make a 10 minute presentation on issues and services related to mental health in Saint John. Question being taken, the motion was carried. 11.5 Association canadienne pour la sante mentale (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par la conseillere Higgins RESOLU que le conseil communal demande a la section de Saint John de I'Association canadienne pour la sante mentale de realiser une presentation de 10 minutes portant sur les problemes et les services lies a la sante mentale a Saint John. A ('issue du vote, la proposition est adoptee. 28 95 -323 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 13. Committee Reports 13.1 Saint John Power Commission: Resolutions of Council Meeting Request On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the letter from the Saint John Power Commission entitled Resolutions of Council Meeting Request be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Commission d'energie de The City of Saint John : Resolution du Conseil -- demande de reunion Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que la lettre de la Commission d'energie de The City of Saint John intitulee Resolution du Conseil — demande de reunion soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole on May 10, 2010, Council makes the following appointments to committees. Municipal Plan Citizen's Advisory Committee: to appoint Ann Crozier for a three year term from May 10, 2010 to May 10, 2013. Saint John Transit Commission: to re- appoint Dwight Allaby and Shelly Courser each for a three year term from May 10`h, 2010 to May 10`h, 2013. Leisure Services Advisory Board: to re- appoint Bruce Latham for a three year term from May 10`h, 2010 to May 1 V', 2013. Rockwood Park Advisory Board: To re- appoint John Noddin, as recommended by the Saint John Horticultural Association, and re- appoint Councillor Carl Killen each for a one year term from May 10 ". 2010 to May 10'h, 2011. Lord Beaverbrook Rink: to re- appoint Art Van Wart and Sue Ellis Loparco each for a three year term from May 101h, 2010 to May 10"', 2013. Question being taken, the motion was carried. 13.3 Comite plenier : Recommandations denominations pour sieger aux comites Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier en date du 10 mai 2010, le Conseil approuve les nominations suivantes : Comite consultatif de citoyens du plan municipal : Que Ann Crozier soit nommee pour un mandat d'un an allant du 10 mai 2010 au 10 mai 2013. Commission des transports de Saint John: Que Dwight Allaby et Shelly Courser soient nommes de nouveau pour un mandat de trois ans allant du 10 mai 2010 au 10 mai 2013. Conseil consultatif des services des loisirs : Que Bruce Latham soit nomme de nouveau pour un mandat de trois ans allant du 10 mai 2010 au 10 mai 2013. 29 95 -324 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 201011-E 10 MAI 2010 Conseil consultatif du pare Rockwood: Que John Noddin, comme le recommande I'Association d'horticulture de Saint John, et le conseiller Carl Killen soient nommes de nouveau pour un mandat d'un an allant du 10 mai 2010 au 10 mai 2011. Patinoire Lord Beaverbrook : Que Art Van Wart et Sue Ellis Loparco soient nommes de nouveau pour un mandat de trois ans allant du 10 mai 2010 au 10 mai 2013. A Tissue du vote, la proposition est adoptee. 12.5 City Manager: Marsh Creek Drainage Basin Piped Stormwater Diversion System On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that item 12.5 Marsh Creek Drainage Basin Piped Stormwater Diversion System be tabled until the next meeting of Council. Question being taken, the motion was carried. 12.5 Directeur general : Bassin versant du ruisseau Marsh — Reseau de derivation des eaux pluviales Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le point 12.5 Bassin versant du ruisseau Marsh — Reseau de derivation des eaux pluviales solt reporte a la prochaine reunion du conseil. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Award of Proposal for Consulting Services — Organizational Alignments On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that item 5.19 Award of Proposal for Consulting Services — Organizational Alignments be tabled until the next meeting of Council. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Offre d'appel relative aux services d'experts- conseils — Harmonisation organisationnelle Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le point 5.19 Offre d'appel relative aux services d'experts- conseils — Harmonisation organisationnelle soit reporte a la prochaine reunion du conseil. A ('issue du vote, la proposition est adoptee. 7. Proclamation 7.1 Police Week May 9 — 15, 2010 The Deputy Mayor Declared May 9 -15, 2010 as Police Week. 7.2 National Safe Kid's Week May 31 - June 5, 2010 The Deputy Mayor declared May 31 — June 5, 2010 as National Safe Kid's Week. 7.3 Shades of Fun Day May 27, 2010 The Deputy Mayor declared May 27, 2010 Shades of Fun Day. 30 95 -325 COMMON COUNCILICONSEIL COMMUNAL MAY 10, 2010/LE 10 MAI 2010 7.4 225th Anniversary of City Charter Signing May 18, 2010 The Deputy Mayor declared May 18, 2010 the 225t'' Anniversary of City Charter Signing. 7. Proclamation 7.1 Semaine de la police — du 9 au 15 mai 2010 Le maire suppleant declare la semaine du 9 au 15 mai 2010 Semaine de la police. 7.2 Semaine nationale SecuriJeunes — du 31 mai au 5 juin 2010 Le maire suppleant declare la semaine du 31 mai 2010 au 5 juin 2010 Semaine nationale SecuriJeunes. 7.3 Journee Lunettes en fete — le 27 mai 2010 Le maire suppleant declare le 27 mai 2010 Journee Lunettes en fete. 7.4 Celebration du 225" anniversaire de la signature de la charte municipale — le 18 mai 2010 Le maire suppleant declare le 18 mai 2010 Celebration du 225e anniversaire de la signature de la charte municipale. 6. Members Comments 6. Commentaires presentes par les membres 15. General Correspondence 15. Correspondance generale 16. Adjournment The Deputy Mayor declared the meeting adjourned at 11:00 p.m. 16. Levee de la seance Le maire suppleant declare que la seance est levee a 23 h. Mayor/maire Common Clerklgreffiere communale 31 95 -315 COMMON COUNCIL / CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 25, 2010 - 6:45 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; A. Beckett, Deputy City Manager; D. Parks, Police Inspector, M. Gillen, Deputy Fire Chief, J. Hamilton, Deputy Commissioner Planning & Development, E. Gormley, Common Clerk and J. Chown, Administrative Assistant. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 25 MAI 2010 A 18 H 45 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; A. Beckett, directeur general adjoint; D. Parks, inspecteur de police, M. Gillen, chef adjoint du service d'incendie, J. Hamilton, commissaire adjoint du Service de I'urbanisme et du developpement, E. Gormley, greffiere communale et J. Chown, adjointe administrative. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Eric Phinney, President of the Greater Saint John Ministerial Association and Rector of Saint James the Less Anglican Church, offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le reverend Eric Phinney, president de ('Association sacerdotale du Grand Saint John et pasteur de I'eglise anglicane St. James the Less, recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on April 26'", 2010 be approved. Question being taken, the motion was carried. 32 95 -316 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 2. Approbation du proces- verbal Proposition du conseiller Titus Appuybe par le conseiller McGuire RESOLU que le procbs- verbal de la seance du conseil communal tenue le 26 avril 2010 soit approuvb. A ('issue du vote, la proposition est adoptbe. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the withdrawal of item 8.1 Intelligence -Led Policing Business Model, and the removal from the Consent Agenda of items 5.6(a) Proposed Municipal Plan Amendment and Rezoning 47 -69 Ross Street and 5.6(b) Report from Clerk, and further, that items 5.6 (a) and 5.6 (b) be re -added to the agenda as 10.0(a) and 10.0(b) respectively. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuybe par le conseiller McGuire RESOLU que I'ordre du jour de la prbsente seance soit adopt6, moyennant le retrait du point 8.1 Modele de gestion du maintien de I'ordre au moyen des renseignements, et le retrait des questions soumises a I'approbation du conseil des points 5.6a) Projet de modification du plan municipal et de rezonage visant Ies 47 -69, rue Ross et 5.6b) Rapport de la greffibre, et que Ies points 5.6a) et 5.6b) soient rajoutbs b I'ordre du jour en tant que points 10a) et 10b), respectivement. A ('issue du vote, la proposition est adoptbe. 3.1 Presentation by Walter Brown on behalf of the Provincial Capital Commission. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the presentation by Walter Brown and Edward Allain, from the Provincial Capital Commission be added to the agenda. Question being taken, the motion was carried. Walter Brown outlined the work that has taken place between the Provincial Capital Commission and the Saint John 225 Committee. The Mayor thanked the Provincial Capital Commission for the donation of $10,000 towards the Saint John 225 celebrations. Mr. Brown presented the Mayor with a plaque commemorating the City's 225th anniversary. 3.1 Presentation de Walter Brown au nom de la Commission de la capitale provinciale Proposition du conseiller Titus Appuybe par le conseiller McGuire RESOLU que la presentation de Walter Brown et Edward Allain, de la Commission de la capitale provinciale, soit ajoutbe b I'ordre du jour. A ('issue du vote, la proposition est adoptbe. Walter Brown souligne le travail de collaboration qui a 6t6 accompli entre la Commission de la capitale provinciale et le Comitb de Saint John 225. Le maire remercie la Commission de la capitale provinciale du don de 10 000 $ pour Ies cblbbrations du 225e anniversaire de Saint John. M. Brown presente au maire une plaque commbmorant le 225' anniversaire de la ville. 33 95 -317 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 1861 Manawagonish Road 9.1(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as being a portion of PID number 55005151, from "TH" Townhouse to "R -1A" One Family Residential with no objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its May 18, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 1861 Manawagonish Road as described above. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as being a portion of PID number 55005151, from "TH" Townhouse to "R -1A" One Family Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as being a portion of PID number 55005151, from "TH" Townhouse to "R -1A" One Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete sur le zonage visant le 1861, chemin Manawagonish 9.1 b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale mentionne que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 122 metres carres, situee au 1861, chemin Manawagonish et inscrite sous une partie du NID 55005151 pour la faire passer de zone de maisons en rangee « TH » a zone residentielle — habituations unifamiliales « R -1A » et qu'aucune opposition n'a ete regue. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du Service d'urbanisme, etudie lors de la seance du 18 mai 2010, a laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 1861, chemin Manawagonish, telle qu'elle est decrite ci- dessus. 34 95 -318 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant au rezonage, mais personne ne prend la parole. Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », qui modifie I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie approximative de 122 metres carres, situee au 1861, chemin Manawagonish, inscrite sous une partie du NID 55005151 pour la faire passer de zone de maisons en rangee « TH » a zone residentielle — habitations unifamiliales « R -1A », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », qui modifie I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie approximative de 122 metres carres, situee au 1861, chemin Manawagonish, inscrite sous une partie du NID 55005151 pour la faire passer de zone de maisons en rangee « TH » a zone residentielle — habitations unifamiliales « R -1A », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -Law Amendment 42 -44 Westmorland Road 9.2(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions. The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1700 square metres, located at 42-44 Westmorland Road, also identified as PID number 55165096, from "R -2" One and Two Family Residential to "R -4" Four Family Residential with letters of support received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 18, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 42 -44 Westmorland Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1700 square metres, located at 42 -44 Westmorland Road, also identified as PID number 55165096, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a first time. Question being taken, the motion was carried. 35 95 -319 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1700 square metres, located at 42 -44 Westmorland Road, also identified as PID number 55165096, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification de I'Arrete de zonage visant les 42 -44, chemin Westmorland 9.2b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 1 700 metres carres situee aux 42-44, chemin Westmorland et portant le NID 55165096 pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », et que des lettres d'opposition et d'appui ont ete regues. On procede egalement a 1'etude d'un rapport du Comite consultatif d'urbanisme qui presente un exemplaire du rapport du personnel du Service d'urbanisme etudie lors de la seance du 18 mai 2010, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee aux 42 -44, chemin Westmorland, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant au rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux 42 -44, chemin Westmorland, d'une superficie approximative de 1 700 metres carres, inscrite sous le NID 55165096, pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant I'annexe « A », plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee aux 42 -44, chemin Westmorland, d'une superficie approximative de 1 700 metres carres, inscrite sous le NID 55165096, pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 36 95 -320 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2010 -48: Harbour Clean -Up — Newman's Brook Sewer Separation, The City of Saint John undertake access to lands designated PID number 00046524 upon the terms and conditions set out in the letter from the Province of New Brunswick dated April 30, 2010 bearing file number 11 -278 submitted with said report and that the Mayor and Common Clerk be authorized to execute said Early Entry Letter. 5.2 That the Stonehammer Geological Project letter dated May 18, 2010, requesting to present to Common Council be referred to the Clerk to schedule. 5.3 That the Gaudet letter dated March 26, 2010 regarding Westmorland Road be received for information. 5.4 That the Saint John Taxi Advisory Committee's request to present be referred to the Clerk to Schedule. 5.5 That as recommended by the City Manager in the submitted report M &C 2010 -182: Harbour Clean -Up: Newman's Brook Sewer Separation, The City of Saint John acquire from New Brunswick Housing Corporation an easement and rights in lands designated by PID numbers 411942 and 411959 for the sum of $33,138.00 upon the same terms & conditions (save and except as to Closing Date) set out in the Agreement of Purchase & Sale submitted with said report; and that the Mayor & Common Clerk be authorized to sign all required documentation. 5.6(a,b) Refer to item 10.0. 5.7 That as recommended by the City Manager in the submitted report M &C 2010 -184: Salty Jam Festival 2010 — Request to Use Water Street (Coast Guard) Parking Lot, Common Council approve the request of the Salty Jam Festival to use the Water Street Parking Lot from Wednesday July 8, 2010 after 5:00p. m. until Sunday July 11, 2010 for the purpose as indicated within said report and further that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.8 That as recommended by the City Manager in the submitted report M &C 2010 -181: Licence for Zip Line Tour at 100 Fallsview Park, The City of Saint John grant a five (5) season Licence to Saint John Adventures Inc. under the terms and conditions as contained in the submitted document; and that the Mayor and Common Clerk be authorized to sign the Licence. 5.9 That as recommended by the City Manager in the submitted report M &C 2010 -179: Brentwood Crescent Storm Sewer Easement Acquisition 432 Woodward Avenue Amendment, The City of Saint John acquire from Dawn Christine Evans, the easement interest in, and through the portion of PID number 55005862 for the sum of $903.00 (plus HST if applicable) upon the terms and conditions (save and except as to closing) contained in the Agreement of Purchase and Sale submitted with said report and that the Mayor and Common Clerk sign any document(s) necessary to finalize this transaction. 5.10 That as recommended by the City Manager in the submitted report M &C 2010 -175: Proposed Public Hearing Date 233 Westmorland Road, Common Council schedule the public hearing for the rezoning application of Beltone Better Hearing Aid Centre (233 Westmorland Road) for Monday, June 21, 2010 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.11 That as recommended by the City Manager in the submitted report M &C 2010 -183: Scheduling of an Update: Action Plan for Safe, Clean Drinking Water, Common Council set aside at least an hour at its meeting of June 7th, or alternatively June 21st, to consider an update on the Action Plan for Safe, Clean Drinking Waterand recommendations related thereto. 37 95 -321 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 5.12 That as recommended by the City Manager in the submitted report M &C 2010 -172: Municipal Operations Survey Equipment, Common Council accept the proposal submitted by Leica GeoSystems for the purchase of its model Viva GS 15 Survey Package at a cost of $30,225 plus tax. 5.13 That as recommended by the City Manager in the submitted report M &C 2010 -170: Municipal Services Easement through Portions of Former Tudor Lane and Woodhaven Drive, Common Council assent to the submitted (photo reduced) Subdivision Plan prepared by Hughes Surveys & Consultants Inc., titled "City of Saint John Subdivision, Millidgeville, City of Saint John, Saint John County, New Brunswick ", with respect to the proposed municipal services easements. 5.14 That as recommended by the City Manager, the Mayor and Common Clerk are hereby authorized to execute the Licence Agreement with Saint John Development Corporation respecting the Loyalist Plaza Market as submitted to Common Council in correspondence dated May 21, 2010. 5.15 That as recommended by the City Manager in the submitted report M &C 2010 -171: Detailed Engineering Design of the Green Thermal Utility (GTU) Piping along Union Street: 1) FVB Energy be engaged to provide detailed engineering design and technical advice at a cost not to exceed $93,450.00 plus HST; 2) Staff be authorized to include a section in the Municipal Infrastructure tender package for the installation of District Energy piping on Union Street. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.6, which has been separated from the consent agenda, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-48: Nettoyage du port — Separation de 1'egout de Newmans Brook, The City of Saint John se charge de I'acces aux biens -fonds inscrits sous le NID 00046524 selon les conditions enoncees dans la lettre du gouvernement du Nouveau - Brunswick datee du 30 avril 2010, portant le numero de dossier 11 -278, soumise avec ledit rapport et que le maire et la greffiere communale soient autorises a signer ladite lettre concernant I'acces anticipe. 5.2 Que la lettre presentee dans le cadre du Projet geologique Stonehammer datee du 18 mai 2010, visant a faire une presentation devant le conseil communal, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.3 Que la lettre de M. Gaudet datee du 26 mars 2010 concernant le chemin Westmorland soit acceptee a titre informatif. 5.4 Que la demande soumise par le comite consultatif des chauffeurs de taxis de Saint John visant a se presenter devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -182 : Travaux de nettoyage du port: Separation de /'egout de Newmans Brook, The City of Saint John acquiere une servitude et les droits dans les terrains inscrits sous les NID 411942 et 411959, appartenant a Habitation Nouveau - Brunswick, pour la somme de 33 138 $, conformement aux conditions (a 1'exception de la date de cloture) etablies dans la convention d'achat -vente presentee avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer toute la documentation necessaire. 5.6a), b) Voir le point 10. 38 95 -322 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -184 : Festival Salty Jam 2010 — Demande d'utilisation du stationnement de la rue Water (Garde cotiere), le conseil communal approuve la demande de Festival Salty Jam relative a ('utilisation du stationnement de la rue Water du mercredi 8 juillet 2010 apres 17 h au dimanche 11 juillet 2010 aux fins mentionnees dans ledit report, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -181 : Permis d'amenagement dune installation de tyroliennes au 100, Fallsview Park, The City of Saint John accorde un permis de cinq (5) ans a Saint John Adventures Inc. selon les modalites et conditions contenues dans le document presente, et que le maire et la greffiere communale soient autorises a executer le permis. 5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -179 : Croissant Brentwood — Acquisition dune servitude pour une installation d'eau d'egout au 432, avenue Woodward, The City of Saint John acquiere, aupres de Dawn Christine Evans, les interets generes par la servitude associee a la parcelle de terrain portant le NID 55005862, decrite dans la convention pour la somme globale de 903 $, TVH en sus le cas echeant, aux conditions (a 1'exception de la date de cloture) enoncees dans ladite convention d'achat -vente soumise avec ledit rapport et autorise le maire et la greffiere communale a signer les documents necessaires pour conclure cette transaction. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -175 : Date proposee pour la tenue dune audience publique concernant le 233, chemin Westmorland, le conseil communal fixe la date de I'audience publique relative a la demande de rezonage du Beltone Better Hearing Aid Centre (233, chemin Westmorland) au lundi 21 juin 2010, a 19 h, dans la salle du conseil, et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.11 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -183 : Etablissement dun calendrier relatif a une mise a jour: Plan d'action pour la salubrite et la proprete de 1'eau potable, le conseil communal reserve une heure de sa seance du 7 juin ou, autrement, de celle du 21 juin, pour envisager une mise a jour du Plan d'action pour la salubrite et la proprete de /'eau potable et les recommandations afferentes. 5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -172: Sondage relatif a 1'equipement des Operations municipales, le conseil communal accepte la proposition presentee par Leica GeoSystems relative a I'acquisition d'un systeme d'arpentage GPS sans fil, modele Viva GS15, au prix de 30 225 $, taxes en sus. 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -170: Servitude aux fins de services municipaux des parcelles de 1'ancienne allee Tudor et de la promenade Woodhaven, le conseil communal donne son assentiment au plan de lotissement (photo reduite) presente par Hughes Surveys & Consultants Inc., intitule « Lotissement de The City of Saint John, Millidgeville, City of Saint John, comte de Saint John, Nouveau - Brunswick », par rapport a la servitude proposee aux fins de services municipaux. 5.14 Que, comme le recommande le directeur general, le maire et la greffiere communale soient autorises, par les presentes, a signer le contrat de licence conclu avec la Societe de developpement de Saint John relatif au Marche Loyalist Plaza, tel qu'il a ete soumis au conseil communal dans une correspondance datee du 21 mai 2010. 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -171 : Conception technique detaillee de I'amenagement d'installations thermiques vertes (tuyauterie) le long de la rue Union : 1) les services de FVB Energy soient retenus pour offrir une conception technique detaillee ainsi que des conseils techniques, jusqu'a concurrence de 93 450 $, TVH en sus; 39 95 -323 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 2) le personnel soit autorise a inclure un article dans le dossier de soumission lie a ('infrastructure municipale concernant ('installation d'une canalisation energetique au sein du district, rue Union. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.6, et qui a ete ecarte des questions soumises a I'approbation du conseil, soit adoptee. A I'issue du vote, la proposition est adoptee. 6. Members Comments (Councillor Sullivan entered the meeting) Council members commented on various community events. 6. Commentaires presentes par les membres (Le conseiller Sullivan se joint a la seance.) Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 Disability Awareness Week May 30th — June 5th, 2010 The Mayor proclaimed the week of May 30th — June 5th, 2010 as Disability Awareness Week in the City of Saint John. 7.2 Jumpstart Day May 29th, 2010 The Mayor proclaimed May 29th, 2010 as Jumpstart Day in the City of Saint John. 7.3 International Day Against Homophobia and Transphobia May 17th, 2010 The Mayor proclaimed May 17th, 2010 as International Day against Homophobia and Transphobia. 7. Proclamation 7.1 Semaine de sensibilisation a la situation des personnes handicapees du 30 mai au 5 juin 2010 Le maire declare la semaine du 30 mai au 5 juin 2010 Semaine de sensibilisation a la situation des personnes handicapees dans The City of Saint John. 7.2 Journee Bon depart, le 29 mai 2010 Le maire declare le 29 mai 2010 Journee Bon depart dans The City of Saint John. 7.3 Journee internationale de lutte contre I'homophobie et la transphobie, le 17 mai 2010 Le maire declare le 17 mai 2010 Journee internationale de lutte contre I'homophobie et la transphobie dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 10. Consideration of By -laws 10.0(a,b) Proposed Municipal Plan Amendment 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan Amendment regarding 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street be lifted from the table. 40 95 -324 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan Amendment regarding 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on July 5th, 2010 at 7:00 pm in the Council Chamber. Question being taken, the motion was carried. 10. Etude des arretes municipaux 10.a), b) Projet de modification du plan d'amenagement visant les 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan d'amenagement visant les 47 -51 et les 63 -69, rue Ross et les 72 -74, rue St. James soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan d'amenagement visant le 47 -51 et le 63 -69, rue Ross et le 72 -74, rue St. James soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au 5 juillet 2010, a 19 h, dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 10.1 Third Reading Street Closing By -Law Amendment Sussex Drive On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Sussex Drive, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number M -23, a By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Sussex Drive, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number M -23, a By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 41 95 -325 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 10.1 Troisieme lecture du projet de modification de I'arrete concernant la fermeture des routes visant la promenade Sussex Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de la promenade Sussex fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John », relativement a la promenade Sussex, fasse ('objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 10.2 Third Reading Zoning By -Law Amendment 210 Lakewood Avenue On motion of Councillor Mott Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -142, A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1 hectare, located at 210 Lakewood Avenue, also identified as being a portion of PID number 55190599, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -142, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -142, A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1 hectare, located at 210 Lakewood Avenue, also identified as being a portion of PID number 55190599, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -142, A Law to Amend the Zoning By -Law of The City of Saint John." 42 95 -326 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 10.2 Troisieme lecture de la modification de I'Arrete de zonage visant le 210, avenue Lakewood Proposition du conseiller Mott Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete no C.P. 110 -142 modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe « A», plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 210, avenue Lakewood, d'une superficie approximative de un hectare, inscrite sous le NID 55190599, pour la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -142 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete no C.P. 110 -142 modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe « A», plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 210, avenue Lakewood, d'une superficie approximative de un hectare, inscrite sous le NID 55190599, pour la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -142 modifiant I'Arrete de zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 Adoption of Name Rainbow Park (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that Council officially adopt the name "Rainbow Park" for the South End playground commonly known by that name. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Adoption du nom du parc Rainbow (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que le conseil adopte officiellement le nom « parc Rainbow » pour le terrain de jeux du quartier sud couramment appelee ainsi. A ('issue du vote, la proposition est adoptee. 11.2 Childhood Obesity (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Titus RESOLVED that the letter from Councillor Snook entitled Childhood Obesity be referred to the Leisure Services Advisory Board. Question being taken, the motion was carried. 43 95 -327 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 11.2 Obesite infantile (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Titus RESOLU que la lettre presentee par le conseiller Snook, intitulee « Obesite infantile », soit transmise au Conseil consultatif des services des loisirs. A ('issue du vote, la proposition est adoptee. 11.3 Economic Development in the Cities of Moncton and Fredericton (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the letter from Councillor McGuire entitled Economic Development in the Cities of Moncton and Fredericton be referred to the City Manager. Question being taken, the motion was carried. 11.3 Developpement economique dans les villes de Moncton et de Fredericton (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la lettre du conseiller McGuire intitulee « Developpement economique dans les villes de Moncton et de Fredericton » soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 11.4 Community Engagement in Lorneville (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the City Manager direct the appropriate staff to contact Joe Williams, President of the Lorneville Recreational Association, to collaborate on actions to rectify neighbourhood issues. Question being taken, the motion was carried. 11.4 Mobilisation communautaire a Lorneville (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general charge le personnel approprie de communiquer avec Joe Williams, president de la Lorneville Recreational Association, pour collaborer sur les mesures visant a regler les questions liees aux quartiers. A ('issue du vote, la proposition est adoptee. 11.5 Crescent Valley Safe Passage (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Killen RESOLVED that the City Manager report back to Council in two weeks' time with respect to the municipal appropriateness of a newly established business positioned on the corner of Somerset Street and Samuel Davis Drive. Question being taken, the motion was carried. 44 95 -328 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 11.5 Passage sur de Crescent Valley (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Killen RESOLU que le directeur general fasse un compte rendu au conseil dans deux semaines concernant la pertinence pour la municipalite d'une entreprise nouvellement etablie, situee a ('intersection de la rue Somerset et de la promenade Samuel Davis. A I'issue du vote, la proposition est adoptee. 11.6 Fairville Boulevard Business Corridor (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the City Manager report back to Council in two weeks' time with respect to the status of the Fairville Boulevard planning exercise. Question being taken, the motion was carried. 11.6 Corridor commercial du boulevard Fairville (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le directeur general presente dans deux semaines son rapport au conseil concernant I'etat d'avancement de 1'exercice de planification du boulevard Fairville. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.0 City Manager: Award of Proposal for Consulting Services — Organizational Alignment On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that Item 12.0 City Manager: Award of Proposal for Consulting Services — Organizational Alignment be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report Award of Proposal for Consulting Services Organizational Alignment, Common Council accept the proposal submitted by Knightsbridge Roberston Surrette for consulting services (Proposal 2010- 092202P) to undertake a review of the current organizational structure, at a cost not to exceed $50,000 plus HST and that the Mayor and Common Clerk be authorized to sign all related documents. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Directeur general : Offre d'appel relative aux services d'experts - conseils — Harmonisation organisationnelle Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que le point 12. Directeur general : Offre d'appel relative aux services d'experts - conseils — Harmonisation organ isationnelle soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. 45 95 -329 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule Offre d'appel relative aux services d'experts- conseils — Harmonisation organisationnelle, le conseil communal accepte la proposition presentee par Knightsbridge Roberston Surrette, relative a la prestation de services d'experts - conseils (proposition no 2010- 092202P) pour effectuer un examen de la structure organ isationnelle actuelle, pour un montant ne devant pas depasser 50 000 $, TVH en sus, et que le maire et la greffiere communale soient autorises a signer tous les documents connexes. A I'issue du vote, la proposition est adoptee. 12.1 City Manager: PlanSJ — Opportunities and Directions Presentation Referring to a submitted presentation, J. Hamilton provided information regarding the Public Workshop being held by PlanSJ on June 12th, 2010. 12.1 Directeur general : PlanSJ — Presentation des possibilites et de ('orientation Faisant reference a une presentation anterieure, J. Hamilton fournit des renseignements concernant I'atelier public organise dans le cadre du PlanSJ, le 12 juin 2010. 12.2 City Manager: Marsh Creek Drainage Basin — Piped Stormwater Diversion System On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Item 12.2 City Manager: Marsh Creek Drainage Basin — Piped Stormwater Diversion System, be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -130: Marsh Creek Drainage Basin — Piped Stormwater Diversion System, Common Council consider a piped stormwater diversion system for the Marsh Creek drainage basin only in the context of the new Municipal Plan for Saint John, subject to its financial and environmental feasibility, and clear delineation as an infrastructure investment priority of the City of Saint John. Question being taken, the motion was carried. Responding to a question from Council, Mr. Groody, advised that flooding in the Glen Falls area could be reduced but not eliminated. He stated that the construction of a diversion system and the environmental impact study are on hold until after the Municipal Plan process is completed. He explained that a full diversion plan would cost $91 000 000 and a partial diversion plan would be $48 000 000, noting that the cost does not make a compelling case for proceeding with either diversion option. Mr. Groody stated that discussions have taken place with the Minister of the Environment regarding returning the Glen Falls area to its natural wetland state. 12.2 Directeur general : Bassin versant du ruisseau Marsh — reseau de derivation des eaux pluviales Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le point 12.2 Directeur general Bassin versant du ruisseau Marsh — reseau de derivation des eaux pluviales, soit soumis aux fins de discussion. A I'issue du vote, la proposition est adoptee. 46 95 -330 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -130 : Bassin versant du ruisseau Marsh — reseau de derivation des eaux pluviales, le conseil communal examine la possibilite d'un reseau de derivation des eaux pluviales pour le bassin versant du ruisseau Marsh Creek, uniquement dans le contexte du nouveau plan d'amenagement pour Saint John, sous reserve de sa faisabilite financiere et environnementale ainsi que d'une delimitation claire en tant que priorite d'investissement dans les infrastructures de The City of Saint John. A I'issue du vote, la proposition est adoptee. En reponse a une question du conseil, M. Groody indique que les inondations dans la region de Glen Falls pourraient titre reduites, mais pas eliminees. II declare que la construction d'un reseau de derivation et I'etude d'impact sur 1'environnement sont mises en attente jusqu'a ce que le processus d'elaboration du plan d'amenagement soit termine. II explique qu'un plan de derivation complet couterait 91 000 000 $ et qu'un plan de derivation partiel s'eleverait a 48 000 000 $, indiquant que le cout ne constitue pas un argument convaincant pour aller de I'avant avec I'une ou I'autre des deux options de derivation. M. Groody indique que des discussions ont ete engagees avec le ministre de I'Environnement concernant le retour de la region de Glen Falls a son etat naturel de marecage. 12.3 City Manager: Millidgeville Storm Water Management — Brentwood Basin On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -180: Millidgeville Storm Water Management — Brentwood Basin: 1) Council authorize staff to proceed with the design and construction of the following Associated Works items: a. Relocate Boars Head outfall at Caledonia Brook; b. Disconnect and re -route two (2) Air Canada storm sewers directly to Caledonia Brook; c. Re- profile ditch along Woodward Ave, install cross culvert and redirect catch basins at Cedar Point; and d. Disconnect six (6) of the twelve (12) catch basins from the sanitary sewers; 2) Initiate the Environmental Impact Assessment process for the full six detention ponds, with work being carried out during the summer months when vegetation is in bloom; 3) Authorize staff to negotiate with CBCL Limited for engineering design and construction management services for the above work; 4) Staff report back to Council with the results of the Environmental Impact Assessment and a plan for phased implementation of the detention ponds and remaining Associated Works. Responding to question from Council, Mr. Groody stated that the stormwater management model is based on the "one in one hundred years storm" which is a standard method of measuring the capacity of a municipal water diversion system. Question being taken, the motion was carried. 12.3 Directeur general : Gestion des eaux pluviales de Millidgeville — bassin versant de Brentwood Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -180 : Gestion des eaux pluviales de Millidgeville — bassin versant de Brentwood: 1) le conseil autorise le personnel a aller de I'avant avec la conception et la realisation des travaux connexes suivants : 47 95 -331 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 a) deplacer I'emissaire de Boars Head vers Caledonia Brook; b) separer et detourner deux (2) reseaux d'egouts pluviaux Air Canada directement vers Caledonia Brook; c) reprofiler le fosse le long de I'avenue Woodward, installer de nouvelles buses et rediriger les puisards a Cedar Point; d) separer six (6) des douze (12) puisards des egouts sanitaires. 2) entame le procede d'etude d'impact sur 1'environnement pour 1'ensemble des six bassins de retenue; mener les travaux pendant les mois d'ete lorsque la vegetation est en fleurs; 3) autorise le personnel a negocier avec CBCL Limited relativement aux services d'ingenierie et de gestion de la construction pour les travaux susmentionnes; 4) le personnel presente un compte rendu au conseil avec les resultats de I'etude d'impact sur 1'environnement ainsi qu'un plan relatif a la mise en oeuvre progressive des bassins de retenue et des travaux connexes restants. En reponse a une question du conseil, M. Groody indique que le modele de gestion des eaux pluviales est fonde sur la « crue centenaire » qui correspond a une methode standard permettant de mesurer la capacite d'un reseau municipal de derivation des eaux. A I'issue du vote, la proposition est adoptee. 12.4 City Manager: Gas Tax Funding (GTF) Agreement Program Adjustments On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Council approve the revised 5- year Capital Investment Plan for the GTF Agreement as submitted and further that the City Manager direct staff to submit the revised plan to the Province of New Brunswick for approval under the Gas Tax Fund Agreement. Question being taken, the motion was carried. 12.4 Directeur general : Ajustement du programme de 1'entente relative au fonds de la taxe federale sur 1'essence Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal approuve le regime d'investissement revise a echeance de cinq ans en vertu de 1'entente sur le transfert des revenus provenant de la taxe sur 1'essence, tel qu'il a ete presente, et que le directeur general charge les employes municipaux de transmettre ce regime revise a la province du Nouveau - Brunswick aux fins d'approbation conformement a 1'entente relative a la taxe sur 1'essence. A I'issue du vote, la proposition est adoptee. 12.5 City Manager: Traffic — Harbour Bridge and Roadway Construction Projects 2010 On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Council receive for information the submitted report M &C 2010 -129: Traffic — Harbour Bridge and Roadway Construction Projects 2010. Question being taken, the motion was carried. 12.5 Directeur general : Circulation — Projets de construction d'une route et d'un pont du port pour 2010 Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal accepte a titre informatif le rapport soumis intitule M/C 2010 -129 : Circulation — Projets de construction dune route et d'un pont du port pour 2010. A I'issue du vote, la proposition est adoptee. 48 95 -332 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 12.6 (a,b) City Manager: Alternate Active Transportation Route — Harbour Bridge Work On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that Council receive for information the submitted report M &C 2010 -176: Alternate Active Transportation Route — Harbour Bridge Work and the accompanying map. Question being taken, the motion was carried. 12.6a), b) Directeur general : Autre route pour les transports actifs en raison des travaux effectues sur le pont du port Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le conseil communal accepte a titre informatif le rapport soumis intitule M/C 2010 -176: Autre route pour les transports actifs en raison des travaux effectues sur le pont du port, ainsi que la carte qui I'accompagne. A I'issue du vote, la proposition est adoptee. 12.7 City Manager: Anglin Drive Pedestrian Network On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that Common Council: 1) Consider the full reconstruction of Anglin Drive in a future Capital budget; 2) Support staff's ongoing liaison with the neighborhood, including assisting in educating children about playing on the street and the preferred crossing location; and 3) Receive for information the submitted report M &C 2010 -174: Anglin Drive Pedestrian Network; 4) Complete repairs to the asphalt sidewalk; 5) Paint crosswalk lines at Pidgeon Terrace; 6) Install two crosswalk signs at Pidgeon Terrace. Question being taken, the motion was carried. 12.7 Directeur general : Reseau pietonnier de la promenade Anglin Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que le conseil communal: 1) envisage de prelever les fonds necessaires a la reconstruction de la promenade Anglin sur un budget d'immobilisations ulterieur; 2) encourage le lien du personnel avec le voisinage, notamment sur la question de la sensibilisation des enfants au fait de jouer dans la rue et aux endroits appropries pour traverser; 3) accepte a titre informatif le rapport soumis intitule M/C 2010 -174 : Reseau pietonnier de la promenade Anglin; 4) acheve les reparations du trottoir en asphalte; 5) peigne les delimitations du passage pour pieton sur la terrasse Pidgeon; 6) installe deux panneaux pour le signalement des passages pour pietons sur la terrasse Pidgeon. A I'issue du vote, la proposition est adoptee. 12.8 City Manager: Dever Road Water Transmission Main On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -173: Dever Road Water Transmission Main: 1) Contract number 2010 -4: Dever Road Water Transmission Main, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $5,206,783.49 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents; 49 95 -333 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 2) The $1,367,143.36 added funding for the Dever Road Transmission Main project be covered by deferring the construction and construction management of seven 2010 projects to the 2011 Water & Sewerage Utility Fund Capital Program as outlined in the submitted report. Question being taken, the motion was carried. 12.8 Directeur general : Conduite d'eau principale du chemin Dever Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -173 : Conduite d'eau principale du chemin Dever: 1) le contrat no 2010 -4 concernant la conduite d'eau principale du chemin Dever soit accorde au soumissionnaire le moins - disant, Galbraith Construction Ltd., au prix offert de 5 206 783,49 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 2) I'on couvre le financement supplementaire de 1 367 143,36 $ pour le projet d'installation de la conduite d'eau principale du chemin Dever en reportant la construction et la gestion de sept projets de 2010 au programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts pour 2011, comme cela est decrit dans le rapport soumis. A ('issue du vote, la proposition est adoptee. 12.9 City Manager: Asphalt Concrete Resurfacing 2010 On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -178: Asphalt Concrete Resurfacing 2010, Contract number 2010 -09: Asphalt Concrete Resurfacing - 2010, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $3,556,913.43 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.9 Directeur general : Resurfagage au moyen de beton asphaltique pour 2010 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport presente intitule M/C 2010 -178: Resurfagage au moyen de beton asphaltique pour 2010, le contrat no 2010 -09 : Resurfagage au moyen de beton asphaltique pour 2010 soit accorde au soumissionnaire le moins - disant, Classic Construction Ltd., au prix offert de 3 556 913,43 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee: Land for Public Purposes Berryman Estates Subdivision 210 Cottage Road On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that with respect to the submitted Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2 tentative plan: a) Council assent to the additional Land for Public Purposes dedication of approximately 2,380 square metres (25,619 square feet); and b) Under the authority of Section 57 of the Community Planning Act, release approximately 210 square metres (2,260 square foot) portion of the existing L.P.P., which would become a portion of the proposed Part Lot 15 -B as illustrated on the submitted plan. Question being taken, the motion was carried. 50 95 -334 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Affectation d'un terrain d'utilite publique pour le lotissement Berryman Estates situe au 210, chemin Cottage Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que relativement a la phase 4 et a la modification de la phase 2 du plan provisoire du lotissement Berryman Estates : a) le conseil communal approuve ('affectation supplementaire d'un terrain d'utilite publique d'une superficie d'environ 2 380 metres carres (25 619 pieds carres); b) on delaisse, en vertu de I'article 57 de la Loi sur 1'urbanisme, une partie d'un terrain d'utilite publique existant d'une superficie d'environ 210 metres carres (2 260 pieds carres), destinee a devenir une partie du lot propose 08 -64 comme le montre le plan soumis. A ('issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee: Proposed Subdivision 210 Lakewood Avenue On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that: a) Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street, as generally indicated on the photo- reduced tentative subdivision plan submitted entitled 'Lakewood Valley Subdivision Plan', as well as any necessary municipal services easements and public utility easements; b) Common Council assent to the proposed Land for Public Purposes dedication of approximately 560 square metres (6,027.8 square feet) in the vicinity of Lakewood Avenue, as generally indicated on the photo- reduced tentative subdivision plan submitted entitled 'Lakewood Valley Subdivision Plan'. (imperial conversion of 560 sq metres corrected to square feet and not acres and typed in error on original report); c) Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme : Projet de lotissement au 210, avenue Lakewood Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que: a) le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases, par rapport a la transmission de la rue proposee, comme it est indique de fagon generale dans le plan de lotissement provisoire avec photo reduite intitule plan de lotissement Lakewood Valley, de meme que les servitudes necessaires pour les services municipaux et les services publics; b) le conseil communal approuve ('affectation relative a ('utilisation d'un terrain a des fins publiques d'une superficie d'environ 560 metres carres (6 027,8 pieds carres) a proximite de ('avenue Lakewood, comme ('indique le plan de lotissement provisoire avec photo reduite intitule plan de lotissement Lakewood Valley. (La conversion metrique /imperiale de 560 metres carres a ete changee par pieds carres au lieu d'acres. La faute de frappe contenue dans le rapport original a egalement ete corrigee.); c) le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef ou de son remplagant. A ('issue du vote, la proposition est adoptee. 51 95 -335 COMMON COUNCIL /CONSEIL COMMUNAL MAY 25, 2010 /LE 25 MAI 2010 13.3 Saint John 225 Committee: Artist Contracts for Saint John 225's Reunion 2010 Music Festival On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the artist contracts for Saint John 225's Reunion 2010 Music Festival be approved and the Mayor and Common Clerk be authorized to execute the contracts as submitted. Question being taken, the motion was carried. 13.3 Comite de Saint John 225 : Octroi de contrats a des artistes pour le festival de musique Reunion 2010 dans le cadre de la celebration du 225' anniversaire de Saint John Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'octroi de contrats a des artistes pour le festival de musique Reunion 2010 dans le cadre de la celebration du 225' anniversaire de Saint John soit accorde et que le maire et la greffiere communale soient autorises a signer les contrats tels qu'ils sont presentes. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:30 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 30. Mayor /maire Common Clerk /greffiere communale 52 06/02/2010 14:41 6584641 SIMONDS HIGH SCHOOL 1490 Hickey Rd,, Saint John, N.B. E2J 4E7 June 2, 2010 City of Saint John City Hall 15 Market Square P. U. Box 1971 Saint John, N13 E21- 41.1. ATTENTION: Mayor Ivan Court and Common Council Ladies and Gentlemen: PACE 02/02 To 1: (506) 658 -5367 Fax- (506) 658 -4641 Principal Gary W. Keating Vlce- Principals Andr6 M. Dumas Ferry N. Langille Donna L. McFarlane i On Monday June 7, 2010 at the Common Council meeting, I would like to have five of my special needs students presented with the Bronze Duke of Edinburgh Award. The presentation would include a pin and a certificate. 'Those receiving the award are: MURRAY BARTHELOT SAMANTHA CAMERON JESSICA KELLY CHRIS LeBLANC BRODY SEARLE 0 Thank you for your continued interest in the students of Simonds High School. Sincerely, Deborah Adams Life Skills Teacher 53 3 /,Rio { 54 Eric L Teed, O.C.. C. D., Q. C. B.sc, B.A. B.c.L.Kt.d Donnebrog, Q. c Common Council City of Saint John PO Box 1971 E2L 4C1 1019 Seawood Lane, Saint John, New Brunswick, E21V! 3G8 Tel:(506)672 -6856; Fax: (506) 634 -7423 Non professional Office: 55 Canterbury Street, No 11, SaintJohn, N.B. Tel: 506 632 -0096, e-mail: teed le @nb.sympatico.ca Re: Alaska's First city Your Worship and members of Council When I recently took a tour to Alaska on the cruise ship Volendam to see the various glaciers and how they are shrinking at alarming rate causing water to rise. The vessel stopped at Ketchikan which claims to be Alaska's first city. I had the opportunity of visiting the City Hall and took the opportunity of extending greetings to Alaska's first city from Saint John, Canada's First City. Unfortunately Major Lew Williams was not present so I left a hand written note of greetings with the suggestion the Mayor of Alaska's First City might send greetings to the Mayor of Canada's First City. Ketchikan is promoting its historic heritage and many historic buildings are being restored in the same manner as Saint John is preserving its heritage. Ketchikan became a destination for person and like Saint John a significant part of the Municipality is built on piles driven to the bed of the waterfront. I suggest that the City of Saint John being Canada's First City and a destination city and one with many historic and heritage features through the Mayor send greetings from Canada's First City and possibly propose an exchange of information respecting the future development of both Municipalities. Yours truly, I cw - t✓1(lr�m s �/ crfiy,FJirll C, fj o. f -Ke f , 4 A tt L 334 IG,.�, t 5J-e e-� 55 .i 1R!J�� ! ? q 0 I REPORT TO COMMON COUNCIL 7 June 2010 His Worship Mayor Ivan Court city of saint john And Members of Common Council Your Worship and Councillors Re; Enterprise Backup and Recovery Solution Implementation Using IBM Tivoli Storage Manager (TSM) PURPOSE The purpose of this report is to recommend approval by Council for the acquisition and implementation of an enterprise backup and recovery solution based on IBM's Tivoli Storage Manager (TSM). ANALYSIS Current state and over the course of time, the Information Technology Department has invested in a backup and recovery system. Years ago this system was considered to be state of the art technology. It is decentralized and works very well for small organizations. The City's infrastructure and mission critical systems have grown such that ongoing support for this infrastructure, base functionality, and the operational cost of this backup system no longer meets the current of future needs of the organization. As such, the IT team has concluded a selection process for an enterprise backup system more aligned with our needs. That system is IBM's Tivoli Storage Manager (TSM). Tivoli Storage Manager (TSM) by IBM automates the data backup and restore functions while providing a centralized storage management operations function. TSM utilizes a progressive incremental backup and restore strategy where only new and used files are backed up. A tender was issued for the supply and implementation of TSM. AniSoft Group's (see attached) proposed solution most aligned with our business need. Software and professional services offered by Anisoft will provide flexibility and support to automate the backup and recovery solution. This system is affordable, reliable and fully satisfies current and future needs. Anisoft Group is an IBM Premier Business partner with over 50 years combined experience in design and implementation of TSM solutions and over 20 years experience in delivering targeted data management and disaster recovery training.. FINANCIAL 56 The total capital cost is $77,235 (tax inc.) and an additional annual operating fee of approximately $11,500 in year 2 and each year thereafter. The capital expenditure is allocated in the 2010 Information Technology capital budget. Noteworthy is, this operating expenditure will replace an existing higher operational cost. INPUT FROM OTHER SOURCES These documents have been reviewed by the City's purchasing department via a tendering process. RECOMMENDATION: It is recommended that Common Council approve the acquisition of TSM at a price of $77,235. Respectfully submitted, Ian MacKinnon Information Technology Manager Patrick Woods City Manager 57 ANISOFT City of Saint John IConfiderntial TSM V6R1 Installation and Configuration 58 April 21, 2010 Prepared for: City of Saint John Prepared by.- Tim Mather AniSoft Group Inc, 4�? Ak N 18 C] F T T O 0 S1 -H L D B R E W E R I E S L f M f T E D June 2, 2010 His Worship Mayor Ivan Court and Members of Common Council P.O. Box 1971 Saint John, New Brunswick E2L 4L1 DELIVERED BY HAND Dear Mayor Court and Councillors: As many of you are aware, our company has previously expressed concern with respect to the quality and cost of water, as well as the cost of sewage treatment, we receive from Saint John Water. We admit we may have chosen the wrong path or tone in expressing our concerns in the past. However, recently we have had the opportunity to more fully appreciate the challenges that Saint John Water is facing, as well as the very difficult decisions that lie ahead for the Mayor and Council, City Staff, and indeed our community. Our Company wants to be part of, and assist with, these decisions. Firstly, I want to declare our intentions to continue to play a significant role in the advancement of our City, whether that be as the largest taxpayer here on Main Street West, as a supporter of many community endeavours, or as a significant employer in our community. In the business world, there are occasional windows of opportunity that present themselves. To be frank, for the owners of Moosehead Breweries Limited, it has become impossible to ignore what is happening in out marketplace regionally, nationally and globally. As competition from large multi - national brewers increases, we have resisted changing our core business practices, our traditions and our support to the community and to those who work here. In large part, we have succeeded because of the commitment from our employees, our consumers and out suppliers. In order to sustain our efforts, Moosehead needs the continued support of all our stakeholders, including the Mayor, Council and Staff. To this end, I would like the opportunity to meet with Council In Camera. We fully understand concerns with respect to such meetings; however, we want to discuss private financial information related to our company. This information could have an impact on Saint John Water which could have legal and competitive ramifications for both our Company and the City of Saint John. Finally, we simply do not believe that a public discussion about this issue would be in anyone's best interest at this time. We will not be asking the City of Saint John or Saint John Water for financial assistance. MOOSEHEAD BREWERIEs LIMITED 819 MAIN STREET WEST, P.O. BOX 3100, SAINT JOHN, NEW BRUNSWICK E2M 3H2 TEL: 506- 635- 700059FAX: 506- 635 -7029 Your Worship, we truly believe we have an obligation to raise certain sensitivities in our industry with Council and Staff and lay out options we believe are in the public good. We believe these options can be supported from a policy, legal and financial perspective. We will be asking Council to allow us to work with Staff to explore these options and then report back to Council at an early date. Thank you for you consideration. Andrew Oland President .� REPORT TO COMMON COUNCIL OPEN SESSION M &C2010 -199 June 4, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT Commercial activity at 7 -9 MacLaren Blvd, corner of Somerset Street and Samuel Davis Drive At the May 25, 2010 meeting of Common Council, a report was requested about the commercial activity at 7 -9 MacLaren Boulevard, on the corner of Somerset Street and Samuel Davis Drive. This property is zoned as "RM -1" Three Storey Multiple Residential and is the former site of a Canadian Legion building that operated at that location for many years. The building is one - storey in height and a portion of the building has two residential units along MacLaren Boulevard, and the other portion is a rectangular brick section that is more representative of an institutional building. In 2007, the owner applied for rezoning of the property from "RM -1" Three Storey Multiple Residential to "B -2" General Business to permit a beverage container redemption centre. The Planning Advisory Committee recommended denial and Common Council tabled the application so the owner could work toward satisfying the residents' concerns. The main concerns brought forward by the residents were increased traffic, cleanliness, access to the property and hours of operation. The property was never rezoned, and the redemption centre did not operate at that location. Since the May 25, 2010 meeting of Council, the Buildings and Inspection Services department has carried out a preliminary investigation for compliance with the City's by -laws. It appears that there is a car wash business taking place at the property, in contravention of the Zoning By -law. Enforcement staff is following regular protocol to have the violation remedied. 61 M &C2010 -199 -2- June 4, 2010 RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 62 REPORT TO COMMON COUNCIL M &C- 2010 -189 June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of a Stopped -up and Closed Portion of Sussex Drive BACKGROUND: At the May 25, 2010 meeting of Common Council, third reading was given to a bylaw to stop up and close a 1250 square metre +/- portion of Sussex Drive. James and Linda Enterprise Inc., the owners of PID 55193049 (the adjacent property), have offered $25,000 for the 1250 sq. m. parcel of land. This offer is below a professional appraisers estimated value for the land which is between $34,000 and $45,000. In reviewing the appraisal information, however, Real Estate Services staff have noted that the comparable properties furnished by the appraiser were all lands that were large enough to accommodate a stand -alone development. The stopped up and closed portion of Sussex Drive does not have dimensions that would support an independent development it therefore has limited marketability. Real Estate Services strives to secure market value for City owned property wherever possible but in this instance, staff believes that the submitted offer represents fair market value for the property given the limitations previously identified. This sale will ultimately facilitate the construction of 90 residential units in an area of the City that is already serviced. It is anticipated that on full build -out, the project will generate of $135,000 in property tax revenue for the City annually. RECOMMENDATION: City of Saint John That The City of Saint John convey to James and Linda Enterprise Inc. its interest in the 1250 sq. m. +/- parcel of land formerly Sussex Drive stopped up and closed on May 25, 2010 upon the terms and conditions contained in the proposed Agreement of Purchase and Sale attached to M &C 2010 -189. 63 M & C — 2010 —189 - 2 - June 7, 2010 Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachment 64 Saint John Real Estate Board Inc. AGREEMENT OF PURCHASE AND SALE The Buyer(s) JAMES & LINDA ENTERPRISE, INC. Offers to buy from the Seller(s) THE CITY OF SAINT JOHN Through Listing Agent(s) PRIVATE SALE and Selling Agent(s) ReAM&r PrOfs6shMI11111 Sant John Inc. Property described as: SEE ATTACHED SCHEDULE A MRSTEAD QLNGLEYAND ROBERTS LTD. SURVE19 Province of New Brunswick, With a land size of (all measurements being more or less) 4250 SQUARE METERS PID # (s) At a pure] Dols (.$Canadian � �p C D _�pkis all applicable taxes on the following terms and conditions: I FINANCING (a) The Buyer(s) submits with this offer ONE HUNDRED Dollars ($Canadian 400.00 cash/cheque payable to the Listing Agent as a deposit to be held in trust, pending completion or other termination of this agreement and to be credited toward the purchase price on completion. Balance of purchase price to be paid on closing or as otherwise stated in this agreement. (b) Buyer(s) agrees to increase deposit to $ TEN % or 10 % of the purchase price within 24 hours of confirmation of financing approval and made payable to the Sellers Agent in trust. (c) This agreement is subject to the Buyer(s) or the Buyers Agent delivering written approval for a mortgage in the amount of approximately $ (or % of the purchase price) at the current interest rate on or before (month/day/year) I I to the Seller(s) or the Seller's Agent. Failing which, this Agreement becomes null and void and all deposit money paid under this agreement to be retumed to the Buyer(s) without interest or penalty. 2. CLOSING DATE This agreement of purchase and sale shall be completed on or before the 24TH day of JUNE 2410 (hereinafter called the closing date). Upon completion, vacant possession of the property shall be given to the Buyers(s) unless otherwise stated. 3. shall ha right, to chaire tbasffe propao is; CHATTELS same the as to cotyio a pre: (a) The following chattels as viewed on the (month/day/year) 1 I are to remain with the property and shall be included in the purchase price, are to be in good working order, and free and clear of encumbrances at the time of closing; NOT APPLICABLE AS THIS IS A LAND SALE ONLY OP J ��f•' iJ,�] (b) All permanent fixtures attached to the property are to remain and shall be included in the purchase price with the exception of: NOT APPLICABLE AS THIS IS A LAND SALE ONLY (c) The Seller(s) agrees to inform the Buyer(s) of any leases and the Buyer(s) agrees to assume leases of any leased or rented equipment or fixtures located on the property including: Hot Water Tank _ Furnace & Heating System Propane Twk(s) Mer TITLE SEARCH The Seller(s) shall. furnish the Buyer(s) with a legal description of the property which is the subject of this agreement. The Buyer(s) has up to 40 days prior to closing to investigate the title to the property, which the Buyers) shall do at his/her own expense. If within that time any valid objection to title is made in writing to the Seller(s) which the Seller(s) is unable or unwilling to remove prior to closing, and which the Buyer(s) will not waive, this agreement shall be null and void and the deposit shall be returned to the Buyer( %) without interest and without liability by the Seller(s) for any expense incurred or damages sustained by the Buyers)_ NV l N NT 'llte s) acknow es that the L' ...... ng ent has them to os ny kno o us a roru rns with espec the Acknowledgement of Completion of Page I of 4 Seller(s) Initials Buyer(s) Initials V _ 65 Page 2 of 4 of Agreement Between JAMES d iUNDA ENTERPMSES INC. AND 771E CITY OF SAINT JOHN Buyer(s) Sellers) 7. DEED The conveyance (of the property which is the subject of this agreement) shall be drawn and executed in a regiAmble form at the expense of the Seller(s) and be delivered on payment of the purchase price on the closing date. It is understood that if any survey work or permits are required to put the conveyance in registerable form, the cost of this shall be the responsibility of the Seller(s). The property is to be conveyed free from encumbrances, except as to any easements, registered restrictions or covenants that affect the property and do not materially affect the enjoyment of the property except as specifically set out in paragraph 16 of this Agreement. S. RISK All lands, buildings, fixtures and all other property being purchased shall be and remain at the risk of the Seller(s). Pending completion of the sale, the Seller(s) will hold all insurance policies and the proceeds thereof in trust for the parties as their interests may appear and in the event of damage to the said property, the Buyers) may either have the proceeds of the insurance and complete the purchase, or may cancel this Agreement and have all monies heretofore paid, returned without interest. 9. ADJUSTMENTS (a) Interest, rentals, taxes, rates, fuel on the premises and assessments are to be adjusted to the date of closing_ The cost of municipal improvements, (including, but without limiting the generality of the phrase, "municipal improvements", betterment charges, and capital charges for utility or municipal services), completed as of the date of this Agreement, are to be paid by the Seller(s) on or before the closing unless otherwise stated. If the Seller(s) is not a Canadian citizen, withholding tax may apply. (b) Unless otherwise provided herein, it is agreed and understood by the parties that if this transaction is subject to any applicable taxes imposed by government legislation, said taxes shall be the responsibility of the Buyer(s) in addition to and not included in the purchase price. 10. PAYMENT Any tender of documents to be delivered or money payable hereunder may be made upon the Sellers) or the Buyer(s) or any party acting on their behalf Money paid, subsequent to the deposit, shall be by Solicitors trust cheque, cash, certified cheque, (or their equivalent) drawn on a Chartered Canadian Bank, Trust Company or Credit Union. it. FrFFIekAUSEoTrhq Seller(s) w at s to the beegl of his/her rtvVledge thaa^property - d t or did 12. SURVEYOR'S REAL PROPERTX REPORT The cost of a Surveyor's Rea! Property Report, shall be the responsibility of the Buyer(s). Notwithstanding the foregoing, the Seller(s) is to supply to the Buyer(s) any Surveyor's Real Property Report that may be in his/her possession without any warranty whatsoever. 13. INSPECTION The Buyer(s) does does not -A lnitials) require a property inspection. Buyers) is urged to carefu 'nspect the pr y and may, if si d, have the D.-i cted a own expe . he results nspecti nvby& atisfacto o the uyers), t Buy (s) may tmine ! by d ring tten Vat i a Seile s) a rs/her g month) /year) / / in deposit hall returned e r(s) wi interest natty. Th uyer acknowl dges if the pm inspectiopletcd witht specified ti ndition ill be deemed to be waived v t Buver(s). " uver(s) understand that there the property which the Seile Agent have no knowledge. 14. TER TEST This agreement is subject to the Buyer(s) at his/her expense satisfying himself/herself that the water supply of the property m is the acceptable rialogical standards for water potabi ' .This clause all be deem isfted unless the Sellers) o Seller(s) ent is if ed t e ntrary iting w' to ays f Vt, hi A ition sts av I hie f var' ty i org s bs s or eav etal whi can ect usabil' water ppl . I Do Do o uire on Ater sf g. there Its f furth r er testi g nat meet st for hour d use, t yer(s) ay termi to this gr me derive ritten ' to the S rs) or his/h t onth/day /yea r) I I in which case sit shall be re to the Buyer(s) without interest or penalty_ 15. 1 SURANCE,416 agreement is subj Buyer(s) being able t twin approval for property to the C of rmati shall deemed ob d unles the Sellers) or t eller's gent is notified ry, in onth/ ylyear) 1 If n tice to be is recc d, either shall be rty in at time any de ney shall be re d to uyers) withou nterest penalty . - faction of the Buyer. , o or before this A nt M. TERMS AND CONDITIONS This Agreement is further subject to the following terms and conditions: See attached Schedule " B" which identifies the reason for the need to purchase the aforwnentFoned - The bu th resent ro is conSidened to be land locked since the closure of Sussex Drive and the fact that e does not have access to TechnoLoAy Drive. iV Acknowledgement of Completion of Page 2 of 4 Seller(s) Initials Buyer(s) Initials 66 tl Page 3 of 4 of Agreement Between J E & UNDA ENTERPRISE INC. AND THE CITY OF SAINT JO N Buyer(s) Seller(s) 17. DEFAULT If the Buyer(s) defaults in the completion of the sale under the terms of this Agreement, any money, not exceeding 10% of the purchase price paid hereunder, shall be forfeited to the Seller(s) by way of liquidated damages or the Sellers) may (at his)her option), compel the Buyer(s) to complete the sale. 18. BINDING AGREEMENT Time shall in all respects be of the essence in this Agreement. In the event of a written agreement of extension, time shall continue to be of the essence. This agreement shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. This Agreement is to be read with all changes of gender or number required of the context. 19. OPERTY C I ION RISCLOS a Sellers) Will i11 Not provide a Property Condition Statement to the B yer(s) withi 4 ho of 3cceptan of this o Said Disc rue S meat to be pt a la the Buyers condition o is A ement d signed the Bu s) by (month/ /year) / _ Indic ng accept tty. is A en all be a at the time o of the Property Co n Statement by t r{s) to include d s ent. 20. AGENCY The Seller(s) and Buyer(s) acknowledge having received, read and understood the brochure published by the New Brunswick Real Estate Association entitled, "Working With a REALTORW', and acknowledge and confirm as follows: (a) The Seller(s) has an Agency Relationship with Agent As represented by: Salesperson And: Agent As represented by: Salesperson (b) The Buyer(s) has an Agency Relationship with Rs/1N +x PtO&W10nals Sslnt John Inc. Agent As represented by: Salesperson (c) The Buyer(s) and Seller(s) have consented to a Limited Dual Agency Relationship with Agent as represented by: Salesperson Salesperson Waving signed a Limited Dual Agency Agreement dated (month/day /year) If only (a) has been completed, the Buyer(s) is acknowledging no agency relationship. If only (b) has been completed, the Scller(s) is Acknowledging no Agency Relationship. 21. OFFER This offer shall be irrevocable by the Buyer(s) until 3 am/pm on the (month/day /year) 06 / 08 1 2010 _ after which time, if not accepted by the Seller(s) and a copy delivered to the Buyer(s) or his or her Agent, this offer shalt become null and void and all deposit monies returned without interest. Dated at Paint John Province/State of_New Brunswick_, this 31 day of may 2010 at 3 am /li . Signed, Sealed eliv d in the presence of 1 have hereunto set my hand and seal SEAL Witness Buyer ,o j7a=jj at Witness s° StAl, 22. ACCEPTANCE I/We Accept the above offer and agree to sell on the terms as herein set forth. Dated at at anr/pm. Pmvince/Statc of , this _ day of Signed, Sealed and delivered in the Presence of Witness Witness Acknowledgement of-Completion of Page 3 of 4 Seller(s) Initials 67 I have hereunto set my hand and seal 20 10 Seller SEAL Seller SEAL Buyer(s) Initials �� Page 4 of 4 of Agreement Between JAMES & LINDA ENTERPRISES LAIC- AND THE MY OF SAINT JOHN Buyer(s) Seller(s) 23. NON - ACCEPTANCE /We confirm this offer was presented and not accepted am/pm, an the (month/day /year) Dated at in the Province/State of , this .,,,_ day of , 20 Signed, Sealed and delivered in the presence of I have hereunto set my hand and seal Witness Seller SEAL Witness Seller SEAL 24. COUNTER OFFER (a) I /We confirm having read and understood this Agreement and have modified the price to: Dollars ( Canadian- I along with the following amendments: (b) The counter offer shall be irrevocable by the Seller(s) until am/pin on the (month/day /year) / 1 after which time, if not accepted by the Buyer(s) and a copy delivered to the Seller(s) or his/her agent, this counter -offer shall become null and void and all deposit monies returned to the Buyer(s) without interest or penalty. Dated at in the Province/State of this _ day of , 20 at am /pm. Signed, Sealed and delivered in the presence of 1 have hereunto set my hand and seal Witness Seller SEAL Witness Seller SEAL (c) The Buyer(s) hereby agrees to the above modified price of $ and al I other amendments contained in this counter - offer. Dated at in the Province/State of this day of , 20 at am/pm. Signed, Scaled and delivered in the presence of I have hereunto set my hand and seal Witness Witness Seller's Solicitor Phone/Fax #'s Acknowledgement of Completion of Page 4 of 4 Seller(s) Initials Buyer SEAL 11"_ SEAL Buyer's Solicitor i- Phone/Fax #'s Buyer(s) Initials = r y � W Z � �g 5 zn i � iy V 0 ��a�sgr it o• m Al 149 /% 2960 vg � x m,n noo,�.��, n.�� m•rn 'a o° r a � J P eCh)?% d o �55 ��Snp j pp �$�� 1� `� �0` ,,..r Cn �n tla.'�S xs�Y G B S F M m a z9�� e , rw�'�r r f' z V7 ►IQ � ;'� Tsui � CAD � D �� A� $ � i ��_qq� �a� � Kai � � ��i .��I� /�� I �� 8 O w N won a0 _ vp n a 3 ' a ( ) v . n o � z _Y w. l° a p B it o• m Al 149 /% 2960 vg � x m,n noo,�.��, n.�� m•rn 'a o° r a � J P eCh)?% d o �55 ��Snp j pp �$�� 1� `� �0` ,,..r Cn �n tla.'�S xs�Y G B S F M m a z9�� e , rw�'�r r f' z V7 ►IQ � ;'� Tsui � CAD � D �� A� $ � i ��_qq� �a� � Kai � � ��i .��I� /�� I �� Schedule "B" This schedule shall form pact of the Agreement of Purchase & Sale between the Buyer, .lames & Linda Enterprise Inc. and the Vendor, The City of Saint John dated 3155 day of May, 2010 The buyers desire to purchase the property located directly in front of their property formally known as 103 Sussex Drive, Saint John, New Brunswick. Unfortunately their land is presently land locked due to the closures of two streets. The first being Derby Street which was situated to the north of their property and the other being a portion of Sussex Drive which was just formally closed in the last month (Refer to the attached Schedule "A" which is the survey of the street closure). Sussex Drive was originally meant to connect to Somerset Street, but was not completed as the development of Sussex Drive from Millidge Avenue had stopped at the mid way point due to market conditions at that time. Then a few years ago, Mr. Dowd had developed the land now known as the Somerset Business Park and built the road known as Technology Drive to accommodate the new Xerox building which then connected to Sussex Drive, but not where the original plan had shown the street to be. They built the road further east and left some residue land in front of the land now owned by James & Linda Enterprise Inc. When the present owners purchased this land from the previous owners, Scottish Enterprises Ltd. and/or Bayview Heights Holding Ltd., there was no mention that the land did not go to the street and therefore the existing street was taken as being the boundary line for the property. It was not until the present owners were completing the requirements to sell their land to Mr. Hughes, who wanted to subdivide the existing lot into two lots so he could build a 48 unit apartment building in two phases, that they had found out that their land was virtually land locked because of the street being placed further east from their property. The Derby Street closure was carried out a couple of years ago by the City of Saint John due to the new apartment building complex which has been built on Technology Drive. The developer of that property required that Derby Street be closed in order to allow them to build their apartment building closer to Derby Street. The City closed the street and subsequently sold off half the street to Scottish Enterprises Ltd. and /or Bayview Heights Holding Ltd., which in turn was then sold to James & Linda Enterprise Inc (See attached Aerial Photo). James & Linda Enterprise Inc. realize that the City of Saint John has incurred expenses for the land and by offering them the amount stated on the attached Purchase & Sale, and in light of the fact that their land is virtually land locked, they have made the offer in good faith in order to allow their land to once again have access onto a public street (See attached P1D Databank Information Sheet for reference that the property does have "Public Access "). (Item 20.1 to the Attached Purchase & Sale) Prior to the closing date, the Buyer will, at their expense register title to the 1250 sq. m. parcel of land under the Land Titles Act, and the Seller shall appoint the Buyer's solicitor its agent for that purpose. Signed this I da fJ , 2010 at Quispamsis, NB. e Signed on Behalf oif James & Lind nterprise }c. A T& Witness Signed on Behalf of James & Linda Enterpr a Inc. Signed this day of June, 2010 at Saint John, NB. Witness Signed on Behalf of the City of Saint John 70 REPORT TO COMMON COUNCIL M & C — 2010 -198 June 3, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Parkland Milford Area BACKGROUND: City of Saim John The subject lands were acquired by Emera Brunswick Pipeline Company Ltd. ( "Brunswick Pipeline ") to run the natural gas pipeline in the Milford area with the purpose of extending the lines under the St. John River. The construction of the pipeline included the establishment of a Horizontal Directional Drill on the subject property to enable the Company to have access to the pipeline if and when necessary. After completing the installation of the pipeline, Brunswick Pipeline approached the Milford community regarding the possibility of donating the lands they acquired to the City to facilitate the establishment of a public park. As per Brunswick Pipeline's request, the transfer of the property would be subject to the following two conditions: 1) That Brunswick Pipeline will maintain an easement over the property in connection with the pipeline that is currently in place; and 2) That Brunswick Pipeline will retain the right to access the site on the property that was used for the Horizontal Directional Drill. Prior to transferring the designated Brunswick Pipeline lands to the City to establish a public park, it is proposed that Common Council initiate an amendment to the Municipal Plan and rezoning of the subject properties. 71 M &C- 2010 -198 -2- June 4, 2010. Currently the majority of the site is zoned "I -2" Heavy Industrial, while two separate sections at the northern area of the property are zoned "R -2" One and Two Family Residential. The Municipal Plan designation of the area is "Low Density Residential ". In order to facilitate the establishment of a public park in this area, the subject properties should be redesignated to Open Space on Schedule 2A of the Municipal Plan and rezoned to "P" Park. In addition to the Brunswick Pipeline property mentioned above, the adjacent lands containing a baseball field and small playground is currently owned by the City of Saint John (PID Nos. 55183172, 55049662 and 00405423). The properties have a collective area of approximately 3.2 hectares. The larger property is also located in the "I -2" Heavy Industrial zone, while the smaller two properties abutting Milford Road (PID Nos. 55183172 and 55049662) are zoned "R -2" One and Two Family Residential. Staff feel this area should be subject to the same Municipal Plan review and rezoning process, and designated as part of the proposed public park. Brunswick Pipeline has provided its written consent for the City to initiate the Municipal Plan amendment and rezoning process. RECOMMENDATION: That Common Council initiate an amendment of (1) the Municipal Development Plan from Low Density Residential to Open Space; and (2) the Zoning By -law from "I -2" Heavy Industrial and "R -2" One and Two Family Residential to "P" Park for the properties shown on the attached map, being PID numbers 00405431, 00405423, 55183172 and 55049662. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager U Project No. 2010 -198 72 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT ' s + 1 -2 00405431 R''- f R- 00405423 ,µ 'y �• 'yam , S — Subject Site /site en question: PID(s) /NIP(s): Q 00405431 & 00405423 Location: Proposed Area for Milford Park Date: June 3, 2010 Scale /echelle: Not to scale /Pas a I'echelle 73 REPORT TO COMMON COUNCIL � ;oe OPEN SESSION o n. M & C 2010— 16 The city of Saint John June 2, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Councillors: RE: Saint John Salvage Corps & Fire Police Admission of New Members The following applicants have been selected for admission to the Saint John No. 1 Company Salvage Corps and Fire Police: • Derek Damery • Frederic Roy • Wayne King • Christopher Martin Captain Terrance Hopey is requesting that warrants be issued for the prospective new members. RECOMMENDATION: It is recommended that Common Council issue warrants for the following new members: • Derek Damery • Frederic Roy Respectf ly submits d Robert (Rob) Simonds, MA, CFO Fire Chief trick Woods, CGA t Manager 74 • Wayne King • Christopher Martin REPORT TO COMMON COUNCIL M &C2010- 194 June 3, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Engagement of Engineering Consultant — Westmorland Road Reconstruction PURPOSE The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out engineering design and construction management services for the reconstruction of Westmorland Road from Westmorland Mall to Kervin Road. BACKGROUND On March 29, 2010, in M &C 2010 -105, Common Council approved the addition of the Westmorland Road Reconstruction project to the 2010 General Fund Capital Program. This project involves full street reconstruction (excavation, backfill, curb, sidewalk, landscaping and paving) from Westmorland Mall to Mountain Road and new sidewalk and curbing from Glengarry Drive to Kervin Road. Asphalt resurfacing of Westmorland Road from Mountain Road to Kervin Road will be completed under the Operating Budget. ANALYSIS Staff recommends the direct engagement of Terrain Group Inc. for the design and construction management services associated with the Westmorland Road project as Terrain has demonstrated they have the expertise and experience to complete this work. The estimated cost of the design and construction management services is approximately $62,900. The Consultant engagement will be conducted in accordance with the process approved by Council on March 23, 2009 for the Engagement of Engineering Consultants (M &C 2009 -65). 75 M &C2010 -194 June 3, 2010 Page 2 FINANCIAL IMPLICATIONS An amount of $370,000 is approved in the 2010 General Fund Capital Program for the engineering design and construction management services and construction for this project. RECOMMENDATION Notwithstanding the City's Procurement Policy for engagement of professional services, Common Council authorize staff to conduct negotiations for the engagement of Terrain Group Inc. to carry out design and construction management services for the Westmorland Road Reconstruction project as contained in the approved 2010 General Fund Capital Program — Transportation Category. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 76 M &C- 2010 -192 June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project — Freehold Land Purchase - Downey Ford Sales Ltd. BACKGROUND: On September 26, 2006 Common Council accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station #4, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfully negotiated an agreement with Downey Ford Sales Ltd. for the City's purchase of PID 55116867, subject to Common Council's approval. This is the site where the actual Lift Station # 4 will be constructed. The property consists of land and two buildings. A copy of the "Offer to Purchase" is attached hereto. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. The market value of the easement requirement was determined to be $309,000.00 by David Babineau A.A.C.I., of deStetcher Appraisals Ltd.. The negotiated price is $386,250.00, being 125% of the appraised value. 77 Report to Common Council June 4, 2010 ECOMMENDATION: Page 2 That The City of Saint John accept the "Offer to Purchase" from Downey Ford Sales Ltd. attached to M &C 2010 - 192 and acquire the freehold interest in PID 55116867 for the sum of $386,250.00 (plus HST if applicable), upon the terms and conditions contained in the said "Offer to Purchase"; and 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW 78 Description of Plan: Thorne Avenue & Egbert Street area location N PID: 55116867 Address: Egbert Street PAN: 5241017 Date: June 02, 2010 79 PID #55116867 This Offer to sell made in duplicate this 3l day of May, 2010. FROM TO Downey Ford Sales Ltd. P.O. Box 1135, Saint John, New Brunswick., E2L 4G2 (the "Seller ") OF THE FIRST PART The City of Saint Sohn, P. O. Box 1971, Saint John, New Brunswick, E2L 4L 1 (the "Buyer ") OF THE SECOND PART Whereas the Seller owns the lands and premises described in Schedule "A" hereto (the "Property "): i . The Seller, subject to the terms and conditions hereinafter set out, offers to sell to the Buyer the Property for the sum of Three Hundred Eighty -Six Thousand Two Hundred & Fifty ($386,250.00) Dollars on or before August 31, 2010 (the "Closing "). 2. This Offer to Sell is irrevocable by the Seller until 11:00 a.m. A.D.T. on Wednesday, June 23, 2010 and upon acceptance by the Buyer shall constitute a binding Agreement of Purchase and Sale for the purchase and sale of the Property subject to the terms and conditions hereinafter set out. 3. Acceptance of this Offer to Sell shall be in writing delivered to the Seller's solicitor at or before 11:00 a.m. A.S.T. on Wednesday, June 23, 2010. 4. The sale price of Three Hundred Eighty -Six Thousand Two Hundred & Fifty ($386,250.00) Dollars shall be payable as follows: a) the sum of $10,000.00 (the "Deposit ") upon the acceptance of this Offer by the Buyer to be held by the Seller's solicitor in trust until the Closing or other termination of this Agreement and applied to the sale price at Closing; and b) the balance at Closing Z -2- 5. The sale price shall be subject to the normal adjustments. 6. In the even that Harmonized Sales Tax ( "HST ") is payable in respect of this purchase by the Buyer in accordance with the Excise Tax Act (Canada) (the "Act "), such HST shall be in addition to the sale price and the Buyer shall self assess and remit such HST. The Buyer's HST is ( #R122681158). The Buyer's obligation in this clause shall survive the Closing. 7. The Closing shall be held in the office of the Seller's solicitor at 2:00 p.m. A.D.T. on the day of Closing or at such earlier time or date and time as the parties may mutually agree. 8. The Seller shall have good and marketable title to the Property free and clear of all encumbrances save and except the following easements held by: a) The City of Saint John pursuant to the document dated February 14, 2001 and registered in the Saint John County Registry Office on February 16, 2001 as No. 11765758 in Book 2169 at Pages 593 -596; b) Maritimes & Northeast Pipeline Limited Partnership pursuant to the document dated June 4, 2001 and registered in the said Registry Office on June 22, 2001 as No. 12306503 in Book 2178 at Pages 503 -513; and C) Irving Oil Limited pursuant to document dated January 27, 2004 and registered in the said Registry Office on February 13, 2004 as No. 17899767; and d) The City of Saint John pursuant to the document dated February 12, 2009 and registered in the said Registry Office on February 12, 2009 as No.26822495. 9. The Seller shall terminate any and all tenancies in the Property and vacant possession of the Property shall be delivered to the Buyer at Closing. The Property shall remain at the risk of the Seller until Closing. 10, The Seller shall forthwith deliver to the Buyer, as may be in the possession of the Seller or under the control of the Seller all title deeds, abstracts, surveys, building location certificates, or other evidence of title regarding the Property. 11. Up until the close of business on August 9, 2010 the Buyer may examine title to the Property at its own expense. If within that time any valid objection to title is made in writing by the Buyer to the Seller which the Seller shall be unable or unwilling to remove within ten (10) days of notification of the said objection(s) and which the Buyer will not -3 waive, this Agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objection(s), shall be null and void and the Seller shall not be liable for the Buyer's costs or damages and shall return to the Buyer the Deposit. Save as to any valid objection so made with such time the Buyer shall be conclusively deemed to have accepted the Seller's title to the Property. 12.. The Buyer's solicitor is hereby appointed the Agent of the Seller for the purposes of registering the title to the Property under the Land Titles Act. The Buyer's solicitor shall, at the expense of the Buyer, apply for the required P1D Databank Approval, certify title to the Property for the purposes of the Land Titles Act and register title to the Property under the Land Titles Act. The Seller shall forward to the Buyer's solicitor at least ten (10) business days before Closing an executed Affidavit of Application (Form 2) under the Land Titles Act and a Certificate of Notary and at Closing a Transfer in registerable form. 13. The Buyer, by its authorized representatives, with such equipment as may be necessary has, upon acceptance of this Offer to Sell, a right of access to, in and upon the Property at any time provided such right is exercised with as little disturbance as possible to the Seller and does not unduly interfere with the Seller's use of the Property at such times and for such purposes hereinafter set out: a) the right of access is to allow the Buyer to carry out such inspections, surveys, testings and environmental audits as the Buyer shall deem necessary; b) the right of access to, in and upon the Property shall terminate at 11:59 p.m. local time on the 31 st day of July, 2010; C) any entry to, in and upon the Property shall require 24 hours prior written notice to the Seller; d) any entry by or on behalf of the Buyer shall be at its and their risk, cost and expense and the Buyer shall make good any and all damage caused to the Property; e) the Buyer shall not exercise any access in, to and upon the Property until the Buyer, shall deliver to the Seller a Certificate of Insurance naming the Seller as an additional insured, evidencing a policy of commercial general liability coverage on "an occurrence" basis and containing a cross liability clause, which policy must have an inclusive limit of not less than Two Million ($2,000,000.00) Dollars. The aforesaid Certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given 82 -4- to the Seller. The aforesaid insurance coverage must remain in fall force and effect during the entire term of this Agreement; f) the Buyer for itself and its authorized representatives hereby indemnifies and saves harmless the Seller from and against all matters arising by reason of the exercise by the Buyer or by its authorized representatives of the rights given by this clause; g) the Buyer's obligation to carry out the transaction contemplated by this Agreement is subject to the Buyer's satisfaction with the inspections, surveys, testing and environmental audits carried out to, in and upon the Property. This condition is for the sole benefit of the Buyer and may be waived by the Buyer in its sole discretion. In the event that the Buyer does not waive this condition the Deposit shall be returned to the Buyer forthwith; h) the Buyer shall provide the Seller with copies of all inspections, surveys, testings and environmental audits. 14. Any tender of documents or money hereunder may be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a. Canadian chartered bank or trust company. 15. Other than as provided for herein, all costs and expenses (including, without limitation, the fees and disbursements of legal counsel) incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such expenses. 16. Time shall be of the essence hereof. 17. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter in this section called a "notice ") to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other form of recorded communication tested prior to transmission to such party: (a) in the case of a notice to the Seller at: Stewart McKelvey Stirling Scales Suite 1000, Brunswick House P. O. Box 7289 Saint John, NB E2L 4L6 83 -5- Facsimile Number: 506 - 652 -1989 Attention: D. Hayward Aiton, Q.C. (b) in the case of a notice to the Buyer at: 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Facsimile Number: 506- 674 -4214 Attention: The Common Clerk With a copy to the attention: The City Solicitor Facsimile Number. 506- 649 -7939 or at such other address as the party to whom such notice is to be given shall have last notified the party giving the same in the manner provided in this section. Any notice delivered to the party to whom it is addressed as hereirnbefore provided shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following such day. Any notice mailed as aforesaid shall be deemed to have been given and received on the third business day following the date of its mailing. Any notice transmitted by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 18. There are no representations, warranties, collateral agreements or conditions other than as expressed herein in writing. 19. if any covenant or provision of this Agreement is prohibited in whole or in part, such covenant or provision shall, be ineffective to the extent of such prohibition without invalidating the remaining covenants and provisions hereof and shall be deemed to be severed from this Agreement to the extent of such prohibition. 20. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or to give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies under or by reason of this Agreement. 21. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto. 22. This Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of New Brunswick 84 -6- and the federal laws of Canada applicable therein. The parties agree that the courts of New Brunswick shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement and each party does hereby attorn and irrevocably submit to the exclusive jurisdiction of the courts of New Brunswick. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date hereinabove first appearing. SIGNED, SEALED & DELIVERED) In the Presence of: ) ) ) 85 DOWNEY FORD SALES LTD. t -.ilu. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2010. Seller's Solicitor: D. Hayward Aiton, Q.C. Suite 1000, Brunswick House P. O. Box 7289 Saint John, NB E2L 4L6 Telephone: 506- 632 -2765 Facsimile: 506- 652 -1989 Email: hai.ton a,smss.com Buyer's Solicitor: Lynda D. Farrell 8' Floor, City Hall 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Telephone: 506 -658 -4096 Facsimile: 506- 649 -7939 Email: 1 nda.farrell saint'ohn.ca 0 SCHEDULE "A" Description of the Property by Plan: Municipality The City of Saint John Parish Not applicable County Saint John Parcel Designation 96 -1 Registration Number 200345 Registration County Saint John Registration Date 1996 -03 -26 Name of Plan Subdivision Plan Canadian National Railway Subdivision, Situate Marsh Creek, City of Saint John, Saint John County, New Brunswick Saving and Excepting thereout and therefrom: Parcel Designation 00 -2 Registration Number 11469732 Registration County Saint John Registration Date 2000 -10 -24 Service New Brunswick PID #55116867 87 REPORT TO COMMON COUNCIL M &C- 2010 -193 June 2, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date - 885 Danells Drive BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. City of Saint John Name of Location Existing Proposed Reason Applicant Zone Zone Trustees of the 885 Danells 1l, IL -1" "B -2" To permit the Fundamental Drive conversion of the Baptist Church existing church to of Lancaster Inc. office uses RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of the Trustees of the Fundamental Baptist Church of Lancaster Inc. (885 Danells Drive) for Monday, July 5, 2010 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development IN J. Patrick Woods, CGA City Manager M & C — 2010 -187 June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Watershed Land Acquisition Update Portion of PID 00428524 — 4361 Loch Lomond Rd BACKGROUND: At its meeting of 06 July, 2009, Common Council adopted the following resolution regarding a portion of lands designated PID 00428524 (the "Land "): 5.14 That as recommended by the Acting City Manager, The City of Saint John accept the offer of Marvin and Mary Brown as set out in the Agreement of Purchase and Sale (Agreement) attached to M &C 2009 - 190 & purchase from them the unencumbered freehold title of the portion of PID 00428524 described in the Agreement for the sum of $27,500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and further, that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. This transaction has not been completed because of outstanding title issues. Father Bill Elliot, administrator of the St. Joseph's Parish at 4347 Loch Lomond Road, has recently requested to purchase the Land for use in connection with the mixed use complex recently developed at St. Joseph's. The Parish has found that bus access to and from the complex is not safe in its current configuration. Consequently the Parrish wish to acquire the Land to permit entry from one street and exit to a second street thereby eliminating turning of vehicles in the parking area of the complex. - Report to Common Council June 4, 2010 Page 2 The City was to acquire the Land for the purpose of controlling development or other activity which may adversely affect the City's supply of drinking water as the area is not currently serviced with municipal water and sewer systems. Saint John Water staff has reviewed the Parish's request and are in agreement. It is anticipated from discussion with Father Elliot that the Parish (The Roman Catholic Bishop of Saint John) upon acquisition of title will grant to the City a right of first refusal should the Church determine to offer the Land for sale at any point in the future. RECOMMENDATION: That the attached resolution adopted July 06, 2009 in respect of land designated PID 00428524 be rescinded. Respectfully submitted, Ken Forrest, MOP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. Deputy City Manager Attachment Pww A 94-538 COMMON COUNCILICONSEIL COMMUNAL JULY 6, 20091LE 6 JUILLET 2009 conveys the Remnant as shown in the submitted sketch to East Point Inc. on or before August 31, 2009 upon the following conditions: 1. East Point Inc. shall grant to the City of Saint John, its officers, servants, agents, contractors and workers a non - exclusive, perpetual easement, right of way and right to use the Remnant solely for access, ingress, egress, and regress by foot and vehicle far the purpose of maintaining and repairing the Remnant; 2. The City of Saint John shall maintain and repair the Remnant at its sole ex p se and liability; it being expressly understood that East Point Inc. shall have no liabil' or responsibility, direct or indirect, for the maintenance and/or repair of the Remn except as provided for herein; 3. (a) The City of Saint John shall indemnify and hold East Point Inc. less (except for loss or damage resulting from the negligent and willful acts o ast Point Inc.) from and against any damages, liabilities, actions, claims and expens n connection with the loss of life, personal injury and/or damage to property arisin rom or out of any breach of this Agreement by The City of Saint John, including but t limited to The City of Saint John's obligations to maintain the Remnant pursuant to ragraph 2 herein; (b) The East Point Inc. shall indemnify and hold The C' of Saint John harmless (except for loss or damage resulting from the negligent and Iful acts of the The City of Saint John) from and against any damages, liabilities, acf s, claims and expenses in connection with the loss of life, personal injury and/or d age to property arising from or out of any breach of this Agreement by the East Pain c.; 4. East Point Inc. agrees that it shall not const any building or structure on the Remnant without the prior written consent of The ty of Saint John, which consent shall be provided to East Point Inc. upon East Point delivering to The City of Saint John engineering plans satisfactory to the Chief C' Engineer for The City of Saint John, (such satisfaction to be dealt with in a time ashion and not to be unreasonably withheld) that will provide sufficient acre by The City of Saint John to allow The City of Saint John to maintain the Remnant. Vwithstanding the foregoing, if The City of Saint John does not provide its prior writt9rconsent then East Point Inc, may proceed to construct a building or structure ogithe Remnant if East Point Inc. releases The City of Saint John from its obligations t aintain and repair the Remnant in accordance with paragraph 2 above. 5.42 That as recomme ed by the Acting City Manager, The City of Saint John purchase 252 Golden ve Road, also identified as PID Number 311829, from the Estate of Elmer Sadl ' c/o Stephen A. Sadleir in accordance with the terms and conditions contain in the Agreement of Purchase and Sale attached to the submitted report (M &C # 2 -193); and further, that the Mayor and Common Clerk be authorized to execute the cessary documents. 5.43 Th as recommended by the Acting City Manager, The City of Saint John accept the off er the > Estate of Marjorie H. Lobb c/o Robert Hatfield as set out in the submitted Agreeg&nt of Purchase and Sale (Agreement) & purchase from the Estate, the uneg&mbered freehold title of PID 00351551 described in the Agreement for the sum of $ ,000.00 + HST if applicable, upon the terms and conditions contained in the said reement; and further, that the Mayor and Common Clerk be authorized to execute all 5.14 That as recommended by the Acting City Manager, The City of Saint John accept the offer of Marvin and Mary Brown as set out in the Agreement of Purchase and Sale (Agreement) submitted with M &C 2009 -190 and purchase from them the unencumbered freehold title of the portion of PID 00428524 described in the Agreement for the sum of $27,500.00 + HST if applicable, upon the terms and conditions contained in the said Agreement; and further, that the Mayor and Common Clerk be authorized to execute all documents required to finalize this transaction. approve the creation of "The Saint John 225 — The Original City/La ville Committee" to organize and implement the Saint John , nd further that Pw Common Council confirm a 2010 fundin 50,000 for the planning and implementation of the S ' — riginal City /La ville originals program; and further, ohn 225 — The Original City /La ville onginale Committee be N Description of Plan: Browns Subdivision N PID: 00428524 Address: 4361 Loch Lomond Road Pan: 01588433 Date: June 30, 2009 92 ' AiJ2C( F c c a Z-4k)` In 21A gi uNu myQyp■ ON 2� `6 22 Ali q Y aq� VI4 r Oft - Y q P Y ss� a� jse9� is is 'N Ch q Y X 0 a r y �Q 0 a; OPEN SESSION June 2, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Terms of the May 2010 Debenture Issue BACKGROUND: On May 18, 2010 the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $56,100,000, of which $20,000,000 related to the City of Saint John 2009 Capital Program. ANALYSIS: The terms of the issue as they relate to Saint John are as follows: Term: Coupon Rate: Price: Average Yield 10 year, serial form Year 1 — 1.500 Year 2 -- 2.250 Year 3 — 2.850 Year 4 _ 3,250 Year 5 — 3.500 $ 98.77 4.269% Settlement Date: June 2, 2010 (14)--- SAINT JOHN $20,000,000. Year 6 — 3.800 Year 7 — 4.000 Year 8 — 4.250 Year 9 — 4.350 Year 10 — 4.550 P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1973 Saint John, N. -B. Canada E2L 4L1 94 June 2, 2010 Re: Terms of the May 2010 Debenture Issue Page 2 Note: With respect to the General Fund debt is now being amortized over a fifteen year period and for the Water & Sewerage Utility debt is being amortized over a 20 year period. As a result a portion of the current debenture issue will have to be refinanced after the initial 10 year term. For the General Fund $5,000,000 will be refinanced in 2020 for a period not to exceed five years, and for the Water & Sewerage Utility, $2,500,000 will be refinanced in 2020 for a period not to exceed ten years. The interest rates and the discount factor were within the limits approved by Common Council at its meeting held on March 29, 2010. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $20,000,000 at the terms listed above on May 25t", 2010. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully su Grepry,d Yeomans, CGA, MBA Co m' sinner of Finance 95 REPORT TO COMMON COUNCIL M &C- 2010 -185 June 7, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Street Naming A new development, consisting of four apartment buildings, is being developed off Boars Head Road. In order to ensure that each building is easy to locate for emergency service providers, it is Staff's opinion that the entrance into the development should be assigned a unique street name. Staff has asked the developer to suggest a street name for the access into the development. City of Saint John The developer has suggested terrace Charlie Grace Terrace as a street name for this access. This proposed street name meets NB 9 -1 -1 guidelines; therefore Staff has no objection to this street name. RECOMMENDATION: It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name terrace Charlie Grace Terrace. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner J. Patrick Woods, CGA City Manager M &C- 2010 -186 June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Crown Land - Portion of PID's 55107163 and 00000002 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. Negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests required by the City of Saint John for this project. A portion of the project requires replacement of a large culvert installed in 1921 that crosses beneath the Westfield Road in the vicinity of the Saint John Marina. A significantly larger culvert will be put in its place which requires the freehold acquisition of a portion of PID's 55107163 and 00000002 from the Province of New Brunswick, both parcels being submerged Crown land. Staff has filed an application to acquire said land, and has received the attached letter dated May 25, 2010 bearing File No. 668 02 1395 (the "Letter "). The letter outlines the Province's requirements that would need to be accepted by the City of Saint John in order for the transaction to proceed. The City's project manager and Solicitor's Office have reviewed the letter and are in agreement with its content, provided that in the last line on page 1 the word "lease" be replaced with the word "purchase ". 97 Report to Common Council June 4, 2010 Page 2 If Common Council approves the acceptance of the Letter, there will be another milestone requiring Common Council's consideration prior to the acquisition being finalized; relating to the sizes of the parcels, the purchase price and final terms and conditions. RECOMMENDATION: 1. In the event that the Lieutenant Governor in Council approves, The The City of Saint John acquire a portion of PID 55107163 and a portion of PID 00000002 from the Province of New Brunswick upon the terms and conditions set out in the letter dated May 25, 2010 (File No. 668 02 1395) attached to M &C 2010 — 186; and 2. That the Mayor and Common Clerk be authorized to sign all applicable documents. Respectfully submitted, Ken Forrest, MOP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW /P Description of Plan: Saint John Marina area location N PID: 55107163 & Address: Submerged Crown Land — 00000002 Westfield Rd PAN: n/a Date: June 01, 2010 •• m LitY Z� W� rz �_2a2 LE oW 9 cn a v a° a "P L i 9; i z W� OU a ow it r �e �z 31 z ui CD ow �h�y„y4 100 NewANouveau Br nswi k May 25, 2010 c .h N A 1) A I1I1"�GIS "1"I+,IZEA) MAIL, File No.: 668 02 1395 The City otSaint John Attn: Paul Wilson P.O.Box 1971 15 Markct Squarr- Saint John, NB E21- 4LI Dear ikir. Wilson: Re: Request to acquire; Crown land in Saint John Phis co11ctmis your application to purchase a portion of sobllnerged Crown land in Saint .John County, for the; Purpose,, ol'reeonStRICLIng 8. r11Ulkij)a1 1`08d and 11-itUI.0 develapnlerlt of the area (sec: attached map). 1 arli prepared to recommend to the Minister of Natural Resources Oiat he declare surplus to tic DcpartmenCs needs the parcel of land identified as a portion of PID's 55107163 and 00000002 and transfer it to the Department of Supply and Services f'or subse:qucnt (lil,I)OS it to you tit market value. The disposal will be subject to the Minister at Supply and Services seeking the approval of the Lieutenant - Governor in Council and the following lernls and conditions: I. Survev "file lot must be Surveyed, :1t your CXpense, by a N.B. band Surveyor ol'your choice. The 1.i111d Surveyor you have Chosen crust submit a co- ordinated Subdivision [Tara on which co- ordinates shown were derived from lies to adjusted N)3 Monuments or 1.1PN MolluillentS, along wvith an electronic version of a description (Schedule "A ") of the surveyed area. An electronic version of the Schedule "A" nlLlst be submitted by c -mail to j��l�n:�: i�lae�ivr_�r_ ft is recommended that the surveyor contact Jahn Kennedy, Crown Lands Branch, iior additional details and for the information on Submiaing a prclin'linary plan for review. Please note that the survey must he completed within three rnunt.hs from the date of your acceptance of this offer. If there is no response; Irorn YOU by that date; it will be assumed that you are not interested in proceeding with a lease and this offer shall become 1113 11 and void and our file will be closed. ...i2 NaturafResources /Ressources naturelles T0. flox/C.f.6000 Frerterition Now 6runsw1Lk /Nrruvcau BrIlf"wid F.3B 5111 Canada 101 www.gnb.ra The City of Saint ,lohn May 25, 2010 Page, 2 2. Market Vnlue 'The Department of Supply atyd Sen =ices is responsible for determining the market value of the subject property. 3. Special Terms and Conditions The Department trtakes no warranty whatsoever with regard to title. You arc responsible R.) r: a) obtaining independent legal services to research the duality of the Department's title; b) all financial costs associated with any title requisitions made against the Department's title; c) placing lands transferred from the Department to you under the Law] Titles Act; 4. Saint John Marina A portion of the subject land is currently under lease to the Saint John Marina. As such, this lease will have to be amended to reflect the reduction in size of the leased area. In order to complete this transaction, you will he required to pay an amendment fee in the amount of $50 (plus HST) made payable to the Minister of finance, as set by the Lands ,4drninistrcalion Regulution. — Crown. Malls and Forests Act (copy attached). If you wish to proceed. with this offer subject to the terms and conditions outlined in this letter, please sicJn both copies of this letter and return one copy don with the associated Fee to Mr. Kennedy, no later than June 15, 2010. If there is no response from you by that date, it will be assumed that you are no longer intcrested in proceeding and this offer shall become dull and raid and the file will be closed. Please ❑ote that to reactivatc your request, you will be required to submit an application through the Land Use Application Service Centre ('Telephone ii 1-888-312-5600 of website at www..gnb.c i /02631) and pay the appropriate fees. 102 The City of'Saint.lohn May 25, 2010 1'ngo 3 Please convict Mr. Kcnncdy at 1 -885- 312 -5600 Ifyou have any questions. Yours truly r, reicr M. acmat Direlr Crown Lands Branch PMM /jk c.c.: John Biggs, District Resource Supervisor Dave Black, Crown Lands Regional Contact Leah Rssensa, Department oCSuppiy and Services I confirm acceptance of the terns and conditions in this letter on this_ —day of --,2010. (Mayor of the City of Saint John) 103 c� a d M �o n. M IO A nO n Q IL tj m CA fill B Coto) I oil m Hi 104 Q M &C- 2010 -190 June 02, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Relocation of Municipal Sewer Line 70 Thorne Ave — PID 00019869 BACKGROUND: During the planning phase of a development on the above noted property, it was determined that an existing municipal sewer line would have to be relocated in order for the planned development to proceed, as it runs beneath the existing building and the proposed new development. The developer will pay for all costs associated with the creation of the new easement, the release of the existing easement, and the relocation of the sewer line. The attached survey plan shows an easement for municipal services where the pipe will be relocated. This easement will allow City staff or its agents to go onto the site should any future work to the pipe be required. The following recommendation will secure the necessary easement. The City's Municipal Operations Dept. and Solicitor's Office have reviewed and approve of this request. RECOMMENDATION: That The City of Saint John acquire an Easement for Municipal Services in and through the portion of PID 00019869 as detailed on the attached Plan of Survey, titled, "Easement for Municipal Services crossing Apple Atcan Holdings Ltd. Property, Thorne Ave., City of Saint John, Saint John County, New Brunswick" from Apple Atcan Holdings Ltd. and provide a release of its rights to the existing pipeline; and That the Mayor and Common Clerk be authorized to sign all applicable documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachment 105 J. Patrick Woods, C.G.A. City Manager m si sl �f s I M 88 '3 M'S 383��83za o� $ °BEd o d 6 Z c 5 g nnnnn �• RE p nnnnnnnnnnrvrnr ,g Q a g 5 U �[ gcn�g � �•pm o v yTR 2 En 0 00 ua jq I Z n7� Z 6 W N • d 9 6 .. ... �. t v p ob wp C i+ I + \ on sts i d - -- 1 N U g r� oQ\p r F, 4 i OK m Z Y nat ' �7�ti g °o v €.ShcSEks °5g • t � a a C n 106 REPORT TO COMMON COUNCIL June 7, 2010 His Worship Ivan Court 7114� Oty c+f s�m.1ohn And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: Absence Management Service - Manulife BACKGROUND "Mental illness is the leading cause of disability in Canada" (WHO, 2001, Employee Benefits News Canada) "One in five Canadians will experience mental illness. Depression and other mental illnesses are the fastest growing category of disability costs." (The Canadian Mental Health Association) The City of Saint John's experience reflects this trend and it is imperative that we make an effort to support those in need. ANALYSIS Employers of choice ensure employees in need receive proper support and treatment so as to have employees return to a productive life. Given this, it is imperative that professional intervention occurs as soon as possible. This is a critical success factor that helps the employee and reduces the financial burden for the Employer. Manulife Financials' Absence Management Access program is designed for such cases and they are prepared to offer this to the City of Saint John on an ad hoc basis for case management. The City of Saint John will have the option to utilize the program only when needed to manage these complex absences. The Absence Management Access Service offers: - Case management intervention services - Treatment facilitation services - Return to work facilitation services - Absence assessment and recommendations 107 RECOMMENDATION It is recommended Common Council engage the services of Manulife Financials' ad hoc Absent Management Access Program and further that the Mayor and Common Clerk be authorized to sign the attached agreement on behalf of the City. Respectfully submitted, Pat Woods City Manager John McIntyre Manager Human Resources 108 2 IM Manulife Financial Well' CONNECTED"' City of Saint John Proposal for Absence Management Access Preparation Date: April 20, 2010 G r + i9 WeIlConnectedTM Proposal for City of Saint John Page 2 Introduction to Manulife Financial's WeIlConnectedTM WeIlConnectedTM is Manulife Financial Group Benefits' suite of disability products and services, which includes Short Term Disability (STD), Absence Management Services and Long Term Disability (LTD). What is the value of WeIlConnected to your plan? Clients that choose WeIlConnected gain access to Manulife's disability management expertise. This support helps employees stay focused on getting healthy when they've experienced a health incident, regain control over their health and focus on returning to work as they recover. As a result, costs are contained, the burden of case management is eased for plan administrators, and most importantly, employees get the support they need to be able to return to work as soon as they are capable. At Manulife, we recognize the value of productive employees to an employer and the need to promote recovery and return to health to achieve productivity. We believe that disability management is about promoting health and that physical, social and emotional well -being generates energy for every-day life. When an employee becomes disabled because of an illness or injury, he or she needs to overcome the functional impairments that prevent productive work and an enjoyable lifestyle. Studies show that the longer an employee is off work, the less likely it is that he or she will return. While three quarters of workers return to work after 12 -weeks of absence, only two percent return after an absence of a year.' Employees need support to gain control over their health and find a path that promotes recovery and enables them to return to their normal routine as soon as possible. WeIlConnected provides the tools to support this process. By offering a comprehensive suite of absence management services, we are able to respond to the health of our clients' employees and the health of their business. Proposed Services City of Saint John has requested that Manulife describe our ad hoc case management services for disability claimants under a self- funded salary continuance program. Manulife is pleased to present to you our Absence Management ACCESS disability management option for self- insured STD plans. We will review the plan on an annual basis to insure that the needs and requirements of both Manulife Financial and the City of Saint John are being attained. What is Absence Management ACCESS? Absence Management Access provides ad hoc absence management tools that City of Saint John can access as required to manage complex absences while it continues to administer its self- funded salary continuance plan. This service recognizes that from time to time an employer requires assistance with short -term absences that are more complex due either to complicated medical conditions or to non- medical factors. Absence Management Access is not intended to validate all medical absences. The expertise of the Absence Management Case Manager is in case management. As such, the service is focused on identifying and building on functional capacity and promoting return to work regardless of whether the employee qualifies for benefit payment. Under this service, City of Saint John would continue to administer the payment of benefits. Global Business and Economic Roundtable on Addiction and Mental Health, Roundtable Roadmap to Mental Disability Management in 200412005 110 WellConnectedTM Proposal for City of Saint John Page 3 How does Absence Management ACCESS work? When City of Saint John identifies a complex absence situation while managing its employees' short -term medical absences and is uncertain how to proceed, your plan administrator would complete an Employer Notification form, indicating which of the four services under Absence Management Access is required. One or more of the services can be selected as required by the case at hand. 1. Absence Assessment Services Absence Assessment and Recommendations will determine the cause of an employee's absence whether it is for medically supported reasons or due to non - medical issues. Non - medical issues are factors that contribute to an employee's absence and could hinder return to work, such as interpersonal conflicts with colleagues or supervisor, social issues such as child or elder care or training gaps creating a stressful work environment because the employee is not working efficiently or productively. The process requires a dedicated Case Manager to review and assess information gathered through telephone interviews with the employee, the employer representative as well as a review of the information submitted by the employee and his /her treating practitioners. If medically supported, an anticipated duration of the absence is identified for scheduling purposes along with potential accommodations to promote safe and timely return to work. 2. Case Management Intervention Services Case Management provides a system of organized support to assist in managing an employee's health recovery during a workplace absence. The process is designed to coordinate medical, functional, financial and vocational intervention associated with an employee's return to productivity. It is not focused on qualification for benefit payment, but it creates the expectation of safe and timely return to work. 3. Treatment Facilitation Services Treatment Facilitation includes assessment and coordination of referrals to specialized resources within Manulife's provider network. Facilitating access to treatment is not required for all absences but may be needed to clarify diagnosis or the prognosis or to maximize optimal treatment options when recovery has reached a plateau. Manulife's standard protocol is applied to confirm functional abilities, promote recovery of health, improve function, reduce the duration of disability and expedite a safe and timely return to work. 4. Return To Work Facilitation Services Returning to work does not always mean an employee is at home one day and back to regular work the next day. Sometimes a gradual return to work is best following an extended period of absence. Return to Work Facilitation supports an employee who has been away from work for a period of time, and then requires accommodation of modified duties or hours of work or workplace environment before resuming regular duties on a normal, pre- absence work schedule. The Case Manager will conduct Return to Work Facilitation by telephone when cases are straightforward. Resolution of barriers impeding work is more complex in some situations. To achieve optimal outcomes in these cases, the Case Manager will deploy a Return to Work Facilitation Specialist to facilitate return to work, by working with the employee and employer in person to develop and monitor action plans directed at resolving both medical and non - medical barriers. It may 111 WellConnectedTM Proposal for City of Saint John Page 4 also be necessary to involve the treating medical practitioner(s) in the process according to Manulife's standard protocol. What is the value of Absence Management ACCESS to your plan? City of Saint John continues to administer its STD program, but gains access to Manulife's complex case management expertise to identify medical and non - medical barriers to the plan member's return to work and to propose a comprehensive plan of action to resolve the barriers and return the employee to productive work. Your employees are connected with access to expert case management support during a complex absence to deal with medical and non - medical issues that impede work performance. What does Absence Management ACCESS cost? 1. Manulife will enter into an Agreement with City of Saint John, to deliver services to City of Saint John at the following hourly rates for each case referred for Absence Management Access. Case Manager $120 / Hour Return to Work Facilitation Specialist $120 / Hour Medical/Psychiatric Consultant $220 / Hour The hourly rated fees shall cover the following services under Absence Management Access: • Absence Assessment and Recommendations • Case Management • Treatment Facilitation • Return to Work Facilitation (performed telephonically by Case Manager) • Communication of Absence Assessment and Recommendations • Communication of status updates until the case is resolved Manulife will review these hourly rates annually. 2. Manulife will obtain third party vendor services in accordance with Manulife's disability management protocol to deliver adjudication and case management services. City of Saint John reimburses Manulife for expenses incurred for services provided by third party vendors plus a 10% administration fee. These third party services include but are not limited to medical reports, Functional Abilities Evaluation (FAE), Independent Medical Examination (IME). 3. Travel Expenses may be incurred as follows and will flow through with no administration fee to City of Saint John. (a) Mileage travel expenses required for the provision of the Services, shall be paid by City of Saint John, as billed by Manulife Financial and calculated at Manulife's corporate mileage rate per kilometer. (b) The first hour of travel will be billed at the regular hourly rate indicated in provision #1 above. Travel time in excess of one hour will be charged at 50% of the hourly rate. 112 WellConnectedTM Proposal for City of Saint John Page 5 Transition to Long Term Disability Manulife understands the importance of a smooth transition in income replacement from STD to LTD. Manulife has a strict protocol for review, at no later than mid -way in the benefit period, of all short -term cases with the LTD Case Manager to ensure that the claim as well as the employee is prepared in the event that the absence extends into LTD. We realize that an employee is concerned about return to health and assurance of income replacement while disabled. As such, we ensure that, for claims that qualify, our claims administration processes support an easy transition to LTD, and for those claims that will not qualify for LTD, we provide early notification to the employee and City of Saint John's plan administrator. With you every step of the way As a leading Group Benefits provider in Canada, we at Manulife believe that the best results can be achieved when we form successful business relationships with our clients. We focus on understanding the needs of our clients and developing solutions that meet those needs. We welcome further discussion with you to confirm that this WellConnected service can best respond to City of Saint John's requirements to create an effective solution for your disability program. 113 ABSENCE MANAGEMENT ACCESS SERVICES AGREEMENT THIS AGREEMENT is made as of the 1 st day of April, 2010 (the "Effective Date ") BETWEEN: City of Saint John a corporation incorporated under the laws of Canada ( "Employer ") -and- The Manufacturers Life Insurance Company a corporation incorporated under the laws of Canada ( "Manulife ") WHEREAS the Employer provides a self - insured Short Term Disability Plan/Salary Continuance Plan (the "Plan ") for its employees, under which it administers and pays certain benefits to employees who are eligible and qualify under the Plan; AND WHEREAS Manulife is a provider of, inter alia, employee absence management services (hereinafter the "Services ") under Policy No. 86741; AND WHEREAS the Employer wishes to retain Manulife to provide Services more particularly described herein, and Manulife wishes to be so retained, subject to the terms and conditions and covenants herein contained; NOW THEREFORE in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions Wheresoever used in this Agreement, including the recitals, this Article 1, and any Schedule hereto, the following words and terms shall bear the respective meanings hereafter given: (a) "Affiliate(s)" means in respect of a Party, any company, partnership, or other entity, which from time to time controls, is controlled by or is under the common control with that Party (provided that neither the Employer nor Manulife shall be regarded as an Policy No. 86741 — City of Saint John 114 -2- Affiliate of the other for the purposes of this Agreement). For these purposes control means the beneficial ownership of more than 50% of the issued share capital or the sole legal power to direct or cause the direction of the general management of the company, partnership or other entity in question. (b) "Agreement" means the body of this agreement and all schedules attached hereto, as amended from time to time. (c) "Appeal" means the process by which an Employee may submit new, additional medical information to Manulife for review of the Employee's Case within a defined time frame. (d) "Applicable Law" means any statute, regulation or the directives or policies of any governmental agency having legal effect and binding on the Parties with respect to any matter contemplated under this Agreement. (e) "Business Day" means, unless otherwise stipulated, any day, other than a Saturday, Sunday or statutory holiday observed in the cities designated by the Employer and Manulife as their addresses for service under Section 11.1. (f) "Case" means an employee referred by the Employer for Absence Management Services through the case initiation process described in Schedule "A ". (g) "Case Initiation" means receipt by Manulife of required form(s) as described in Schedule "A ". (h) "Claim" means a claim made by an Employee, under the Plan, which could result in a Case (i) "Confidential Information of the Employer ", unless something in the subject matter or context is inconsistent therewith, means all information, in any format, concerning the Employer and its business and affairs, any information about this Agreement or its terms, any information not generally known to any other person which gives the Employer any advantage in its business and/or operations or which the Employer regards as confidential information, and which it either identifies to Manulife as such or which could reasonably be viewed and anticipated by Manulife as such, in addition to any information which could harm the Employer or its reputation, and any information relating to Reports, Outcomes, Management Reports, the Employer's financial statements, business plans, procedures, strategies, methods, practices, systems, subsidiaries or affiliates, customers or Employees, but does not include information which (i) is or becomes generally available to the public through no act or failure to act by Manulife, and not in violation of confidentiality obligations to the Employer, (ii) subsequently becomes available to the public through means other than disclosure by Manulife or any person to whom Manulife has disclosed the information contrary to this Agreement, and not in violation of confidentiality obligations to the Employer, (iii) is subsequently disclosed to Manulife on a non - confidential basis by a third party who has not been identified to Manulife in writing as an agent of the Employer. However, Confidential Information does not Policy No. 86741 — City of Saint John 115 -3- include information that the Employer is a Manulife client, and that Manulife provides the Employer with Services for the Employees. (j) "Confidential Information of Manulife" unless something in the subject matter or context is inconsistent therewith means all information, in any format, concerning Manulife and its business and affairs, including without limiting the foregoing, any information not generally known to any other person which gives Manulife any advantage in its business and/or operations, or which Manulife regards as confidential information and which it either identifies to the Employer as such or which could reasonably be viewed and anticipated by Employer as such, in addition to, any information relating to Manulife's financial statements, business plans, procedures, strategies, methods, practices, systems, subsidiaries or affiliates, and customers, but does not include information which (i) is or becomes generally available to the public through no act or failure to act by the Employer and not in violation of confidentiality obligations to Manulife, (ii) subsequently becomes available to the public through means other than disclosure by the Employer or any person to whom the Employer has disclosed the information contrary to this Agreement, and not in violation of confidentiality obligations to Manulife (iii) is subsequently disclosed to the Employer on a non - confidential basis by a third party who has not been identified to the Employer in writing as an agent of Manulife. (k) "Effective Date" means the date first above - mentioned from which the Parties are bound by this Agreement. (1) "Employee" means those employees of the Employer and its Affiliates in Canada who are eligible for coverage under the Plan. (m) "Employee Confidential Information ", unless something in the subject matter or context is inconsistent therewith, means all information or data whether in printed, electronic, magnetic, optical or other material or tangible form, respecting an Employee that is provided to or becomes known to Manulife under or in connection with this Agreement, or that is provided to Manulife by an Employee under or in connection with this Agreement. Employee Confidential Information shall not include information or data that (i) is or becomes generally available to the public through no act or failure to act by Manulife, and not in violation of confidentiality obligations to the Employer or Employee (ii) subsequently becomes available to the public through means other than disclosure by Manulife or any person to whom Manulife has disclosed the information contrary to this Agreement, and not in violation of confidentiality obligations to the Employer or Employee (iii) is subsequently disclosed to Manulife on a non - confidential basis by a third party who has not been identified to Manulife in writing as an agent of the Employer or Employee and provided that Manulife would not reasonably expect that such third party has obtained such information in a confidential manner from the Employer or Employee. (n) "Evaluation" means the services provided by Manulife in relation to a Case, which shall take the form specified in the relevant Service Request and as agreed to by Manulife and the Employer Policy No. 86741 — City of Saint John 116 -4- (o) "Fees" means the amounts due, from time to time during the Term to Manulife for provision of the Services and discharge of its responsibilities hereunder, as set forth in Schedule `B" and includes, where applicable, any out of pocket expenses or disbursements incurred by Manulife for which it is to be reimbursed by the Employer hereunder. (p) "Litigation Claim" means any claim including, without limitation, a third party claim), demand, action, cause of action, proceeding, damages (including but not limited to punitive and aggravated damages), loss or liability, and all related costs or expenses, including without limitation any and all reasonable professional fees and reasonable costs of investigation, litigation, settlement, judgment, interest and penalties relating to any of the foregoing. (q) "Manulife" includes, where used herein, any Affiliates of Manulife discharging on behalf of Manulife, any obligations to provide the Services hereunder as the context requires, provided that where Manulife engages an Affiliate to provide all or any part of the Services, such Affiliate shall be deemed to be acting as agent for Manulife with respect thereto; (r) "Medical Non - Support Recommendation" means Manulife's recommendation to the Employer that an Employee does not satisfy the medical and disability criteria under the Plan after all medical and other relevant information has been received and considered. (s) "Notice" shall mean any notice, statement, advisory or invoice given to or made by a Party to which the provisions of Article 11 subsection 11.1 shall apply; (t) "Outcome" for the purposes of this Agreement means the end result of a Case (i.e. the reason the employee's disability case is closing). Possible Outcomes include, but are not limited to the following (i) employee is deceased; (ii) employee returns to work; (iii) employee proceeds to maternity leave or commences a leave of absence; (iv) employee's full STD period is exhausted or the claim is admitted to long term disability ( "LTD ") and the file is transferred to the LTD carrier, whichever is later; (v) employee's reason for absence is resolved; (vi) employee had attained alternate employment at another firm; (vii) a Medical Non - Support Recommendation. Other Outcomes shall need to be agreed to between the parties to this Agreement, such agreement not to be unreasonably withheld; (u) "Party" means, in the singular, one of, and in the plural collectively both of, the parties to this Agreement and shall include their respective permitted successors and assigns; Policy No. 86741 — City of Saint John 117 -5- (v) "Person" means a natural and legal person, a trust or partnership, and includes any corporation or agency of government acting pursuant to an authority granted under any Applicable Law; (w) "Plan" means the Short Term Disability Plan/Salary Continuation benefits provided by the Employer to its Employees; (x) "Report" means the written result of an Evaluation by Manulife of an Employee, in response to a Service Request; (y) "Representative(s)" with respect to a Party, means such party's directors, officers, employees, and agents; (z) "Response Time" means the respective periods of time, if any, specified under that heading in Schedule "C" and commencing at the time of deemed receipt by Manulife of a Service Request in which the related Evaluation is to be completed and a Report transmitted by Manulife to the Employer; (aa) "Service Request" means a notification by the Employer or any of its Representatives in accordance with this Agreement advising of the Employer's request for an Evaluation concerning an Employee; (bb) "Services" means any services provided by Manulife under this Agreement, which are more particularly described in Schedule "A "; (cc) "Subcontractor" means a person, firm or corporation engaged by Manulife (including where the context requires individuals engaged by a Subcontractor) to conduct Evaluations or provide any of the Services contemplated in this Agreement. (dd) "Subcontractor Contract" means any agreement entered into by Manulife whether before or after the Effective Date under which Evaluation or other services contemplated by this Agreement are to be conducted by a Subcontractor. (cc) "Term" means the period of time during which the Parties are bound by this Agreement, all as provided in Article 8; 1.2 Interpretation Where in this Agreement: (a) the singular or neuter is used, the same shall be deemed to include the plural, or the masculine or feminine as the context may require; (b) "hereof', "herein" or "hereunder" are used, the same shall be deemed to refer to this Agreement in its entirety and not to the Article, Section or Subsection where the same occurs unless specifically stated to the contrary; Policy No. 86741 — City of Saint John 118 (c) the insertion of headings and the arrangement of this Agreement into Articles, Sections and Subsections is for convenience of reference only and shall not be used in the Construction and Interpretation of this Agreement; (d) the phrase "within" or "at least" is used with reference to a specific number of days, the day of receipt of the relevant Notice, or the day of the relevant event shall be excluded in determining the applicable time period. If the time for doing any act under this Agreement expires on a day which is not a Business Day, the time for doing that act shall be extended to the next following Business Day; (e) "day", "month" and "year" shall be reference to a calendar day, month and year; (0 "$" and "dollar" shall be reference to the lawful currency of Canada; and (g) the term "Manulife" or "Employer" is used to describe an indemnified party, the terms shall be deemed to include the directors, officers, employees and agents of such indemnified party. 1.3 The following Schedules in form and content as agreed between the parties as at the date of execution, subject to any mutually agreed changes, shall form part of this Agreement: Schedule "A" Description of Services Schedule `B" Fees and Disbursements Schedule "C" Service Standards ARTICLE 2 SERVICES 2.1 Enmement of Manulife Subject to the terms and conditions of this Agreement, and during the Term, the Employer hereby engages Manulife to provide the Services, which are more particularly described in Schedule "A" hereto. The Parties agree that in providing the Services, Manulife is acting solely as a service provider in relation to certain aspects of the Plan, and that the Employer is solely liable for the payment or non - payment, as the case may be, of Claims in accordance with the terms of the Plan. 2.2 Service Level Requirements During the Term, unless otherwise agreed to by the Employer Manulife shall, in providing the Services, meet the service level requirements in Schedule "C" (the "Service Standards ") 2.3 Standard of Care The standard of care required by Manulife shall be to exercise its powers and authorities and carry out its functions under this Agreement honestly and in good faith, and in connection therewith shall exercise that degree of care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Policy No. 86741 — City of Saint John 119 -7- 2.4 Resources Manulife hereby acknowledges and agrees that it shall at all times during the Term maintain sufficient personnel, Representatives and such other resources as are necessary to complete the Services as contemplated in this Agreement and shall enter into all necessary arrangements and agreements with Subcontractors to provide such Services. 2.5 Bilingual Services Manulife hereby agrees that upon request by the Employer, or an Employee that Manulife shall provide the Services in the French language. 2.6 Co- operation with the Employer Manulife hereby agrees to reasonably co- operate with and provide assistance to the Employer and agrees to provide details or information regarding any response to a Service Request, Outcome, or Report, as may be requested by the Employer, subject to this Agreement, and Manulife's obligations under federal privacy law — the Personal Information Protection and Electronic Documents Act ( "PIPEDA ") — and/or provincial privacy laws of which PIPEDA shall always prevail. 2.7 Reports Where the Services purchased by the Employer include Reports, then Manulife will provide such Reports to the Employer. The form and content of such Reports, the dates and schedule on which the same are to be provided, and the method of transmittal thereof and any fees payable to Manulife therefore shall be as described in Schedule "A" 2.8 Litigation Support Subject to the other terms and conditions concerning litigation setout in this Agreement, Manulife shall, at the Employer's cost, reasonably support and provide assistance including staff attendances as required in regard to litigation claims against the Employer, Such support and assistance will be made available to the Employer at Manulife's then current rates for the relevant Manulife Representatives. 2.9 Appeals Where applicable, during any Appeal process, Manulife's case management team will review the new information submitted, in conjunction with information on file. After review of the submitted information, Manulife will make a further recommendation to the Employer on the Claim, and will contact the employee to inform the employee regarding the recommendation made subsequent to the Appeal. 2.10 Holding Out Manulife agrees that on any correspondence in regard to its Services hereunder, Manulife as well as its Subcontractors shall be identified as the service provider acting on behalf of the Employer. . ARTICLE 3 EMPLOYER'S RESPONSIBILITIES 3.1 Covenants of the Employer The Employer hereby represents and warrants that it will: (a) protect the privacy and confidentiality of any Confidential Information of Manulife as set out in this Agreement; Policy No. 86741 — City of Saint John 120 (b) cooperate with and support Manulife's efforts by communicating with its staff through internal company mechanisms regarding, where applicable the need for timely Claim notification and medical information receipt, as well as adherence to mutually agreed procedures as appropriate. The Employer will also communicate with its staff as to the Plan and Manulife's role in relation to the Plan and this Agreement; (c) participate in Manulife's return to work program for the Employees, where applicable and possible; (d) where Manulife deems necessary for the purpose of fulfilling its duties and obligations under this Agreement, provide Manulife personnel with reasonable access to all personnel records, Employee Confidential Information and other information to perform the Services, (e) provide Manulife, in a timely fashion, with information and data reasonably necessary for Manulife to effectively provide the Services hereunder; (f) authorize an Employer Representative who has decision - making and budget authority so that this individual may work with Manulife to address and resolve any concerns or issues that the Parties may have with respect to the Services and to manage requests made of Manulife by internal Employer personnel. 3.2 Access to Reports The Employer will take all reasonable measures to ensure that only its authorized representatives (which shall include any third party auditors of the Employer, its legal and financial advisors, the relevant Employee and any person authorized by Applicable Law) from time to time, shall have access to any Reports provided hereunder. ARTICLE 4 REPRESENTATIONS, WARRANTIES AND COVENANTS 4.1 Each of the Parties represents and warrants to the other that (i) it has full power and authority to execute, deliver and perform this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by it and is a legal, valid and binding obligation of it enforceable in accordance with its terms, and (iii) the execution and delivery of this Agreement does not conflict in any material respect with or constitute a material breach or material default under the terms and conditions of any documents, agreements or other writings to which it is a party. 4.2 Manulife represents and warrants that: (a) it has all licenses and authorization required to perform the Services under this Agreement; Policy No. 86741 — City of Saint John 121 (b) all Services to be provided pursuant to this Agreement shall be performed in a professional manner with due care, skill, diligence and timeliness, the whole in accordance with this Agreement in all material respects; (c) Manulife shall use reasonable care in selecting any Subcontractor to perform the Evaluations, Reports or any other Services contemplated or requested hereunder; (d) Manulife's Representatives shall be duly qualified for the purpose of performing the respective tasks for which they are responsible; (e) Manulife has, and will have during the Term, the financial resources necessary to discharge its obligations under this Agreement; and (f) all individuals employed or otherwise subcontracted by Manulife are competent, duly authorized and licensed to perform Services contemplated in this Agreement 4.3 Covenants of Manulife Manulife hereby covenants and agrees to: (a) diligently and faithfully fulfill its obligations hereunder and, in providing the Services, to exercise the degree of skill, diligence and competence that would be exercised by a prudent provider of such Services; (b) protect the privacy and confidentiality of the Employer's Confidential Information, and Employees' health, medical, employment and personal information as required by law and as set out in this Agreement; (c) where applicable depending upon the type of Services the Employer has engaged Manulife to perform, to exercise the due diligence that would be exercised by a prudent provider of such Services to locate and maintain Manulife's network of medical consultants, in order to deliver the Services, to the Employer; (d) require that all personnel and Representatives and Subcontractors are duly licensed in accordance with all applicable legislation, and have appropriate liability insurance in connection with medical and insurance industry legislative requirements, standards and guidelines; and (e) require that all personnel and Representatives and Subcontractors performing Evaluations or the Services contemplated by this Agreement are suitably qualified and experienced. Policy No. 86741 — City of Saint John ARTICLE 5 SUBCONTRACTORS 122 -10- 5.1 Subcontractors The Parties acknowledge that the Services contemplated under this Agreement may be performed by Subcontractors of Manulife. Manulife shall use reasonable care in selecting any such Subcontractor and shall require that such Subcontractor agrees to be bound by the same terms and conditions as Manulife, with respect to the use and handling of Confidential Information and to use such Confidential Information solely for the purposes of satisfying its obligations to Manulife. ARTICLE 6 RELATIONSHIP AND AUTHORITY 6.1 Nature of the Relationship The Employer acknowledges and agrees that Manulife shall in all respects be an independent contractor to the Employer under this Agreement and Manulife shall not, nor shall any of its Representatives be agents or employees of the Employer. Similarly, the Employer shall not, nor shall any of its Representatives be agents or employees of Manulife. Neither Party shall have authority to incur any obligation, contractual or otherwise, in the name of or on behalf of the other Party, unless provided under this Agreement or any subsequent mutual agreement of the Parties. The Employer will not, and will not be required to, carry any workers' compensation, health or accident insurance for Manulife or its officers, employees and Subcontractors, nor shall the Employer make any provision for deduction or contribution to Canada or Quebec Pension Plans, Employment Insurance, federal or provincial withholding taxes, nor provide any other contributions or benefits normally associated with an employer /employee relationship. Manulife shall have the sole authority to control and direct the performance of its employees and the manner in which the Services are performed. 6.2 Manulife Powers in Relation to the Plan Where it deems necessary in order to carry out the Services, Manulife has the power to interpret the provisions and terms of the Plan in performing its obligations under this Agreement. Notwithstanding the foregoing, the Employer shall have the right at any time to override Manulife's interpretation of the provisions and terms of the Plan. Furthermore, the Employer shall always be responsible for determining the amount of payment to be made for any specific Claim and the Employer shall advise Manulife of such, where required by Manulife in order to carry out the Services. The Employer acknowledges and agrees that Manulife is not responsible for any decision made by the Employer including, without limitation, Claim decisions and any decisions in respect of hiring, termination, discipline, treatment, wages, or retention of any Employee. The Employer hereby expressly acknowledges that it has sole responsibility for all of its decisions relating to its Employees and the Plan. The Employer further acknowledges and agrees that Manulife shall have no responsibility, nor shall it be liable for any damages resulting from any decision taken or made by or any acts or omissions of the Employer, and, notwithstanding any liability limitations in this Agreement, the Employer hereby fully indemnifies Manulife, its directors, officers, employees, and agents against all claims, losses, damages, penalties, demands, awards, costs, fees (including all legal fees and disbursements), and expenses (hereinafter referred to in this Article as "Demands ") arising from or related to this Article except that the Employer shall not indemnify Policy No. 86741 — City of Saint John 123 - 11 - Manulife for the amount of such Demands caused by Manulife's gross negligence , willful misconduct or criminal acts. 6.3 Expenses Except to the extent otherwise provided in this Agreement, and subject to any indemnities specified in this Agreement, Manulife shall be solely responsible for all expenses incurred by Manulife, its officers, employees, Representatives and Subcontractors in performing the Services, including without limiting the generality of the foregoing, all operating expenses, membership fees in any professional association or body and all other expenses normally associated with the conduct of Evaluations. ARTICLE 7 FEES AND PRICING 7.1 Payments The Employer shall pay to Manulife, as and when due under this Agreement, all Fees owing from time to time to Manulife hereunder in the amounts and at the times set out in Schedule `B ". 7.2 Statements and Invoices Manulife shall prepare and provide to the Employer with a summary statement summarizing all Services rendered by Manulife during the month with any supporting backup documentation in such month together with a statement of the Fees due to Manulife for such Services. 7.3 Payment of Invoice Payment of any Manulife invoice shall be due no later than the 30th day following receipt of the invoice described in subsection 7.2 above. Where the Employer has any exception to or concerns about the invoice, it shall contact Manulife before the 10t Business Day following receipt of the invoice and Manulife and the Employer shall negotiate to resolve any dispute regarding the invoice's contents prior to payment of the invoice. Should the Parties be unable to agree on resolution of such claim, either Party may submit the matter for determination in accordance with the dispute resolution procedure in Article 11 subsection 11.2 7.4 Interest Should any payment required to be made by a Party to the other hereunder not be made when due, such payment shall bear interest from the due date until payment in full (together with interest thereon) is made, at the average annual prime interest rate quote by the Canadian chartered banks. The Employer shall have 30 days from the date of an invoice in which to pay an invoice. No interest will accrue during this period. 7.5 Chance in Fees Manulife may reasonably amend the Fees that shall be payable to it for Services rendered following the first anniversary of the Effective Date, by delivering written notice to the Employer no less than ninety (90) days prior to the first anniversary of this Agreement, and any change in Fees will be applicable for a period of one (1) year from the date of the change in Fees or, alternatively, a specified period jointly agreed to by Manulife and the Employer. Unless the Employer elects, pursuant to the terms of this Agreement, to terminate this Agreement, the amended Fees shall be deemed to have replaced those set forth in Schedule `B" as and from the relevant anniversary of the Effective Date. Policy No. 86741 — City of Saint John 124 -12- ARTICLE 8 TERM AND TERMINATION 8.1 Term of Agreement This Agreement shall bind the Parties for the period commencing on the Effective Date and terminating on the first anniversary of the Effective Date and shall automatically extend for further periods of one contract year each, from each anniversary date of the Effective Date thereafter, unless terminated by a Party in accordance with the terms of this Agreement. 8.2 Termination Notice A Party may, by not less than ninety (90) days prior Notice to the other Party, elect to terminate this Agreement, which termination shall be effective as at the first or any subsequent anniversary of the Effective Date. Such termination shall not release or relieve a Party from the due performance of any obligation hereunder which accrued or commenced to accrue prior to the effective date of the termination of this Agreement. 8.3 Termination for Material Breach Either Party (the "Innocent Party ") may terminate this Agreement without notice and without penalty upon the occurrence of any of the following: (a) if any act or omission by the other Party or its Representatives (the "Delinquent Party") is negligent or fraudulent or one of willful misconduct; (b) if the Delinquent Party fails in any material respect to perform, observe, or breaches any material term, condition or obligation hereunder and fails to remedy, such breach within five (5) days (where such breach is the failure to pay any amount owing hereunder to the Innocent Party), or thirty (30) days (where such breach is the failure to discharge or perform any other material term or provision of this Agreement) from the date of receipt by Delinquent Party to remedy the same, then Innocent Party may, by Notice, terminate this Agreement effective as of the end of such five (5) or thirty (30) day period as the case may be; (c) if any representation or warranty by the other Party hereunder is incorrect so as to put the Innocent Party at a disadvantage in relation to the delivery of Services or the administration of the Plan, or is misleading in any material respect; (d) if the other Party makes a general assignment for the benefit of creditors, files or presents a petition, makes a proposal or commits any act of bankruptcy, or if any action is taken for the winding up, liquidation or the appointment of a liquidator, trustee in bankruptcy, custodian, curator, receiver, or any other officer with similar jurisdiction approving a petition for reorganization, arrangement or compromise of or in respect of the other Party and its Affiliates, or if the other Party is insolvent, declared bankrupt, ceases to carry on business, including without limitation for a temporary period for any reason whatsoever including due to strike, lockout, wage dispute. Policy No. 86741 — City of Saint John 125 -13- 8.4 Additional Rights The rights of a Party to terminate under this Agreement shall be in addition to and without prejudice to any other rights of the Party arising pursuant to this Agreement, at law or in equity. 8.5 Accrued Rights Termination of this Agreement shall not release or relieve a Party from the due performance of any obligation hereunder which accrued or commenced to accrue prior to the effective date of the termination of this Agreement, unless the Parties agree otherwise. 8.6 Termination /Transition Assistance In the event that the Employer terminates this Agreement in accordance with the terms and conditions herein, the Employer may request that Manulife offer assistance ( "Transition Assistance ") in effecting the orderly transition and migration from Manulife to the Employer, or a third party designated by the Employer, of all Services then being performed by Manulife under this Agreement. Where Manulife agrees to such request, which agreement shall not be unreasonably withheld, then the Employer shall pay reasonable costs for the Transition Assistance, as the parties agree is necessary to allow the Employer or a third party designated by the Employer to assume responsibility for the Services. The nature, extent and cost of the Transition Services shall be as mutually agreed between the parties. 8.7 Return of Confidential Information by Manulife after Termination Manulife shall promptly return to the Employer or to the third party designated by the Employer all Confidential Information of the Employer including, where permitted by law, Employee Confidential Information and Claim files which had been provided to Manulife in written or machine - readable form including without limitation, all Reports, Evaluations, agreements, letters, drawings, manuals, specifications, designs, documents, records, notebooks and similar repositories of Confidential Information of the Employer, including copies thereof whether prepared by the Employer, Manulife or by others; Manulife may retain copies of those portions of the Confidential Information of the Employer such as Claim files and other documents it requires for its records at its own cost. ARTICLE 9 CONFIDENTIALITY 9.1 Confidentiality (a) The parties agree that, under this Agreement Manulife is acting as a service provider, and not an insurer, carrying out a role in regard to certain aspects of the Plan, that the Employer could carry out itself directly if it wished to do so.. Where the Employer determines that it may require access to any Employee Confidential Information, for the purpose of achieving an Outcome under this Agreement, then it shall be the Employer's obligation to ensure that Employees have expressly consented to allow any of their Policy No. 86741 — City of Saint John 126 -14- personal information held by Manulife in regard to their Claim, Case or the Plan, to be shared by Manulife with the Employer. (b) Manulife acknowledges that all Employee Confidential Information which it may receive from any source as a result of it performing the Services under this Agreement, it does so as a service provider for the Employer and, subject to Article 9.1(a) and the applicable privacy legislation, the Employer shall be allowed undisputed complete access to any and all such Employee Confidential Information upon request. (c) Manulife acknowledges the confidential and sensitive nature of the Confidential Information of the Employer and agrees that it will take any and all appropriate steps within its organization to ensure that its confidentiality is known and strictly maintained by its Representatives, employees and agents, and to ensure that it is safeguarded in accordance with mutually agreed upon security standards and this Agreement. Manulife further acknowledges that, subject to Article 9.1(a), Employee Confidential Information shall form part of the Confidential Information of the Employer, except where prohibited by law. (d) The Employer acknowledges the confidential and sensitive nature of the Confidential Information of Manulife and agrees that it will take any and all appropriate steps within its organization to ensure that its confidentiality is known and strictly maintained by its Representatives, employees and agents, and to ensure that it is safeguarded in accordance with mutually agreed upon security standards and this Agreement. (e) Notwithstanding anything to the contrary in this Agreement, the parties shall at all times comply with their respective obligations under the applicable federal privacy law ( "PIPEDA ") or provincial privacy law. The parties represent, agree and acknowledge that their compliance with the terms of this Agreement including Schedule "A" shall always be subject to PIPEDA or the applicable provincial privacy law, whichever the case may be. 9.2 Ownership Manulife agrees that the Confidential Information of the Employer is and shall remain the exclusive property of the Employer. The Employer agrees that the Confidential Information of Manulife is and shall remain the exclusive property of Manulife. 9.3 Restricted Use Manulife shall utilize the Confidential Information of the Employer only for the purpose of the Services being provided pursuant to this Agreement and except as contemplated by this Agreement shall not employ the Confidential Information of the Employer in any other manner, without the express written consent of the Employer, or as may be required by law. The Employer shall utilize the Confidential Information of Manulife only for the purposes contemplated by this Agreement and shall not employ the Confidential Information of Manulife in any other manner, without the express written consent of Manulife, or as may be required by law. 9.4 Restricted Disclosure Policy No. 86741 — City of Saint John 127 -15- (a) Manulife shall use the same efforts as Manulife normally employs in protecting its own information of similar business importance and cause all of its officers, employees, Representatives and agents to treat and protect the Confidential Information of the Employer in the same manner. The Confidential Information of the Employer may only be disclosed to such officers, employees, and agents of Manulife whose knowledge of the Confidential Information of the Employer is required for Manulife to perform the services contemplated by this Agreement. In the event of any breach of Manulife's obligations concerning the use and handling of Confidential Information of the Employer, Manulife shall notify the Employer of such breach and work with the Employer to remedy such breach and prevent any further unauthorized use or disclosure of Confidential Information of the Employer. (b) The Employer shall use the same efforts as the Employer normally employs in protecting its own information of similar business importance and cause all of its officers, employees, Representatives and agents to treat and protect the Confidential Information of Manulife in the same manner. The Confidential Information of Manulife may only be disclosed to such officers, employees, and agents of the Employer whose knowledge of the Confidential Information of Manulife is required for the Employer to perform its obligations under this Agreement. In the event of any breach of the Employer's obligations concerning the use and handling of Confidential Information of Manulife, the Employer shall notify Manulife of such breach and work with Manulife to remedy such breach and prevent any further unauthorized use or disclosure of Confidential Information of Manulife. 9.5 Extraordinary Remedies Manulife hereby acknowledges and agrees that disclosure or use of the Confidential Information of the Employer by Manulife or those for whom at law Manulife is responsible in breach of this Agreement may cause: (a) financial damages to the Employer; and (b) irreparable harm to the Employer, for which damages are not an adequate remedy, and the Employer shall be entitled to an injunction to restrain such breach in any court of competent jurisdiction, without prejudice to any other right or remedy. The Employer hereby acknowledges and agrees that disclosure or use of the Confidential Information of Manulife by the Employer or those for whom at law the Employer is responsible in breach of this Agreement may cause: (a) financial damages to Manulife; and (b) irreparable harm to Manulife, for which damages are not an adequate remedy, and Manulife shall be entitled to an injunction to restrain such breach in any competent jurisdiction, without prejudice to any other right or remedy. Policy No. 86741 — City of Saint John 128 -16- 9.6 Indemnification (a) Manulife covenants and agrees to indemnify and save the Employer harmless from any and all liability, loss, damages, costs and expenses (including solicitors' fees which it may hereafter incur, suffer or be required to pay) arising out of or in any way related to disclosure or use of the Confidential Information of the Employer by Manulife or those for whom at law Manulife is responsible in breach of this Agreement. (b) the Employer covenants and agrees to indemnify and save Manulife harmless from any and all liability, loss, damages, costs and expenses (including solicitors' fees which it may hereafter incur, suffer or be required to pay) arising out of or in any way related to disclosure or use of the Confidential Information of Manulife by the Employer or those for whom at law the Employer is responsible in breach of this Agreement. (c) the Employer covenants and agrees to indemnify and save Manulife harmless from any and all liability, loss, damages, costs and expenses (including solicitors' fees which it may hereafter incur, suffer or be required to pay) arising out of the disclosure or use of Employee Confidential Information by the Employer. 9.7 Survival The Employer and Manulife hereby agree that all provisions in this Agreement pertaining to the Confidential Information of the Employer and the Confidential Information of Manulife shall survive termination of this Agreement. ARTICLE 10 INDEMNIFICATION AND LITIGATION HANDLING 10.1 Employer Indemnification of Manulife (a) In recognition of the fact that the Employer self - insures the Plan in relation to which Manulife is acting solely as a service provider, the Employer shall indemnify and hold harmless Manulife from and against any Litigation Claims that Manulife may have, suffer or incur, directly or indirectly as a result of: i) any breach by the Employer of a term of this Agreement; ii) any breach by the Employer of the representations and warranties set forth in this Agreement; and iii) any Litigation Claim commenced by an Employee against Manulife or the Employer iv) claims arising as a result of fraud or the negligence, bad faith or willful misconduct by the Employer or its Representatives or Subcontractors; Policy No. 86741 — City of Saint John 129 -17- v) any dealings by the Employer or its Representatives or Subcontractors with any Confidential Information of Manulife as well as any illegal access to or use or disclosure of Employee Confidential Information, all in breach of the Employer's confidentiality obligations under this Agreement; and vi) any claim made against Manulife as a result of the Employer's or the Employer's Representatives or Subcontractors breach of patent, copyright or the intellectual property rights of any third party, in each of the foregoing cases, except to the extent that such Litigation Claim was caused by or was the direct result of fraudulent, grossly negligent or willful misconduct of any Manulife or Manulife's Representatives. 10.2 Filing of Claims Each Party shall notify the other of any actual claim or legal action arising from this Agreement and the facts which might reasonably give rise to such a claim or legal action (even though the amount of any potential damages is not then known) no later than ten (10) days from the date of service of a statement of claim or other originating process, to the extent that this notification does not contravene either Party's requirements to safeguard Employee Confidential Information, as provided by law. Such claim shall then be dealt with in the manner outlined in this Article 10. 10.3 Litigation Handling (a) The parties acknowledge that, from time to time, the provision of services under this Agreement may result in claims, lawsuits or other proceedings (collectively referred to in this clause as "Proceedings ") being brought by claimants or other parties against either or both of the Employer and Manulife. (b) The Employer agrees that where Manulife alone is named in Proceedings, then either: (i) Manulife shall have the full authority and discretion to, if necessary, retain and instruct the counsel of its choice, and/or to defend, settle mediate or otherwise dispose of any such Proceedings. In so doing, Manulife will inform and consult with the Employer concerning the conduct and/or disposition of the Proceedings, but in the event of any dispute as to how the Proceedings should be conducted, settled or otherwise disposed of, Manulife's decision shall be final and binding on both parties; or Policy No. 86741 — City of Saint John 130 �� (ii) Manulife and/or the Employer shall endeavor to have Manulife removed as a named party in the Proceedings. If successful, then the Employer shall have complete conduct of such Proceedings and shall retain and instruct its own counsel to defend the matter. If such efforts are not successful, and Manulife remains the sole named party in the Proceedings, then clause 10.3(b)(i), above, shall apply. (c) In the event that the Employer alone is named in the Proceedings, the Employer shall undertake the conduct and/or disposition of such Proceedings and, subject to any claims of privilege, Manulife shall provide reasonable assistance to the Employer to secure any necessary and relevant information or testimony which may be material to such Proceedings, at Manulife's then current rates. (d) In the event that both the Employer and Manulife are together named in any Proceedings, and where Manulife has not been removed as a party to the Proceedings, then the parties will retain and instruct their own separate counsel and shall seek to cooperate in the conduct, settlement or disposition of the Proceedings, subject to privilege. (e) The parties agree to suspend their rights to cross -claim against one another during the course of any Litigation Claim where both are named as parties, and each of them waive the running of any limitation periods applicable between them while such Litigation Claim is before the courts. The suspension or waiver of any rights under this clause shall in no way operate to diminish, bar or negate any cause of action which either party may have against the other, relating to such Litigation Claim. The parties shall be free to commence claims against one another in regard to claims for indemnity under this Agreement or otherwise in any fresh action commenced once the Litigation Claim is resolved. 10.4 Consequential Damages, etc. In no event shall one Party be liable to the other for lost business revenue, lost profits, lost goodwill, failure to realize expected savings, loss of data, business interruption, loss of business information, loss of business opportunity or any incidental, indirect, special or consequential damages whatsoever, arising out of or in any way related to this Agreement or arising out of or in any way related to the Services, in whole or in part, even if it has been advised of the possibility of such damages. 10.5 Responsibility for Company Policy and Employment Relationship The Employer acknowledges and agrees that Manulife is not responsible for any decision made by the Employer including, without limitation, decisions in respect of hiring, termination, discipline, treatment, wages, or retention of any Employee, and the Employer acknowledges that it has sole responsibility for such decision. Except as specifically provided in this agreement, Manulife shall have no responsibility, nor shall it be liable for any damages from decision taken or made by or any acts or omissions of the Employer. Notwithstanding the foregoing, Manulife remains responsible for ensuring that the Services provided to the Employer are made using Policy No. 86741 — City of Saint John 131 -19- appropriate processes and procedures relating to the provision of Services, as compared to a reasonable provider of such Services within the marketplace. ARTICLE 11 GENERAL 11.1 Notices All Notices from a Party to the other hereunder shall, except as provided otherwise, be in writing, be sent to the other Party at the address set forth below. Notices shall be deemed delivered upon the receiving Party's receipt thereof if received during its normal business hours. If Notices are sent by facsimile and transmitted outside of normal business hours, they shall be deemed received on the Business Day immediately following the day of transmittal. A Party may change its address for service of Notices by Notice to the other Party. Manulife Financial Manulife Financial Group Benefits 380 Weber Street North P.O. Box 1650 Waterloo, Ontario N2J 4V7 Fax: (519) 883 -5701 Employer: City of Saint John 15 Market Square City Hall PO Box 1971 Saint John, NB E2L 4L1 Attention: Katherine Lockhart Any such communications shall be deemed to have been validly and effectively given if personally delivered, on the date of such delivery if such date is a Business Day and such delivery was made prior to 4:00 p.m. (Toronto time) and otherwise on the next Business Day, or if transmitted by facsimile on the Business Day following the date of transmission. Any Party may change its address for service from time to time by notice in accordance with the foregoing and any subsequent notice shall be sent to such Party at its changed address. 11.2 Dispute Resolution Process (a) Escalation Process: The Parties acknowledge that, over the Term, disagreements may arise between them with respect to their performance under this Agreement and agree Policy No. 86741 — City of Saint John 132 -20- that their authorized representatives will use reasonable efforts to resolve such disagreements at the operational level. (b) Negotiation: If any dispute arises under this Agreement between the Parties and they are unable to resolve such dispute in a timely manner pursuant to Section 11.2(a), then: i) each of the Parties shall appoint one member of their respective senior management to comprise a resolution committee and such members shall make bona fide efforts to resolve such dispute in a timely manner; and ii) if the Parties are still unable to resolve the dispute, either Party may pursue or seek any available remedy at law. 11.3 Amendments No waiver or amendment of any provision of this Agreement shall be of any force or effect unless it is in writing, expressly stated to be a waiver or amendment of a specific provision of this Agreement and signed by the Party whose rights are affected thereby. A Party's waiver of any breach or failure to enforce any provision hereof at any time shall not in any way affect, limit, modify or waive that Party's right thereafter to enforce strict compliance with every term, covenant, condition or warranty hereof, any course of dealing or custom of the trade notwithstanding. 11.4 Waiver The failure of either Party at any time to require performance by the other Party of any provision of this Agreement shall not affect in any way the full right to require the performance at any subsequent time. The waiver by either Party of a breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself. Any course of performance shall not be deemed to amend or limit any provision of this Agreement. 11.5 Force Majeure and Restricted Performance If performance by either Party of any obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of acts of God, floods, lightning, severe weather, shortages of materials, earthquakes, war, revolution, civil commotion, acts of terrorism, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government or any other act or omission which is beyond the reasonable control of such party ( "Force Majeure "), then such Party shall be excused from the performance to the extent of the prevention, restriction, delay or interference. For purposes of this Agreement Force Majeure shall not include an act or omission by a Representative unless performance by such Representative was prevented, restricted, delayed or interfered with by reason of an event which would be an event of Force Majeure. 11.6 Entireties This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supercedes and replaces all previous documents, writings and agreements of the Parties, with respect to the subject matter hereof. 11.7 Proper Law This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the Province of Ontario without reference to its conflicts of laws Policy No. 86741 — City of Saint John 133 -21 - principles. The Parties hereby attorn to the exclusive jurisdiction of the courts of the said Province with respect to all matters arising out of or relating to this Agreement. 11.8 Assignment Neither Party shall assign any of its rights or obligations under this Agreement without receiving the prior written consent of the other Party, which consent shall not be unreasonably withheld, provided that a Party may assign any of its rights or obligations hereunder to an Affiliate so long as the assigning Party first undertakes in writing to be responsible for the performance of any such obligations hereunder. 11.9 Enurement This Agreement shall enure to the benefit of and be binding on the Parties and their respective permitted successors and assigns 11.10 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 11.11 Time Time is of the essence in this Agreement. 11.12 Compliance with Laws Each Party shall comply with all Applicable Laws governing it and its performance of this Agreement. 11.13 Audit The Employer shall have the right (either itself or by retaining a third party) to review and/or audit to a reasonable extent Manulife's: (a) administration of the Plan; (b) compliance with this Agreement; (c) Services provided by Manulife or any subcontractor under this Agreement; (d) internal control environment associated with the Services. Such an audit conducted under this Section will require the Employer to provide thirty (30) days written advance notice of the audit to Manulife. During such audit, access shall be granted to any and all documents and data relevant to the audit in a way which does not compromise Manulife's responsibility for client confidentiality to other Manulife clients, Manulife's statutory or other legal obligations of any nature, or the confidentiality of Manulife's business generally, including but not limited to its financial status. Manulife shall reasonably cooperate with such audit, which shall be conducted in a manner so as to minimize any interference with the business operations of Manulife. In addition, Manulife will make available any and all records deemed necessary for auditing purposes by the Employer or any federal or provincial official, governing body or regulatory body as required for the conduct of such audit. The Employer's right to conduct an audit of Manulife's administration of the Plan and compliance with this Agreement shall be subject to the following terms and conditions: (a) Manulife agrees to allow a qualified auditor full but reasonable access to all Case data including paper documents, microfilm, microfiche and magnetically stored data relating to Employee Cases, including diagnosis, medical procedures and other items needed for cost and utilization studies and measurement of the adherence of Manulife to the established performance standards under the Agreement provided such auditor acting on behalf of the Employer has the requisite consent for viewing Employee Confidential Information, and abides by the terms of this Agreement. Policy No. 86741 — City of Saint John 134 -22- (b) Manulife agrees to halt destruction of any records with respect to the Services under this Agreement upon request by the Employer for the purposes of conducting any audit. (c) Manulife agrees to reasonably assist the Employer, or its authorized agents in the conduct of such an audit, by promptly providing requested data and assisting in sampling surveys. (d) The Employer will be responsible for its own costs (including auditor fees, if any) of any audit. (e) Where the Employer uses an external auditor to perform any audit permissible under the terms of this Agreement, the Employer agrees that such auditor shall not be a competitor of Manulife. (f) Where the Employer uses an external auditor to perform any audit permissible under the terms of this Agreement, the Employer agrees that such auditor will agree to sign a confidentiality agreement and that, although Manulife shall have no control over the conclusions reached by the auditor, Manulife will review the draft report, and may also provide comments which will be included in the final report. Manulife shall receive a copy of the final report and shall maintain it on a confidential basis. Furthermore, Manulife shall be entitled to correct any factual inaccuracies in the report and to delete from the report any information, which it believes to be a disclosure of confidential information concerning a particular claimant 11.14 Further Assurances The Parties agree to execute and deliver such further deeds, documents and writings as may be necessary to give full effect to the provisions of this Agreement. 11.15 Relationship of Parties In entering into this Agreement, the Parties are acting as independent principals. This Agreement is not intended to, and shall not be deemed to create, any partnership, joint venture, trust or agency relationship between the Parties. 11.16 Severability Should any term or provision of this Agreement be found to be void or unenforceable by a court of competent jurisdiction, such term or provision shall be deemed to have been severed from this Agreement and the Parties shall remain bound by all of the remaining terms and provisions hereof. Policy No. 86741 — City of Saint John 135 -23- IN WITNESS WHEREOF the Parties have executed this Agreement all as and from the Effective Date. Signed at Waterloo, Ontario On April 15, 2010 For The Manufacturers Life Insurance Company 1*1 'Awq Signed at Saint John, New Brunswick On For City of Saint John DONALD GULOIEN (Name) President & Chief Executive Officer (Title) Policy No. 86741 — City of Saint John 136 SCHEDULE "A" DESCRIPTION OF SERVICES Absence Management ACCESS Absence Management ACCESS provides services to employers that maintain salary continuance for their employees during a medical absence. The services are intended to assist the Employer in managing extended or complex absences, by giving access to expert resources, as they are required. CUSTOMER SERVICE To support the effective delivery of the services detailed herein, Manulife shall demonstrate a strong emphasis on customer service as an integral part of this disability management service model through flexibility, responsiveness and clarity in communication. In addition, Manulife has instituted the following measures as a foundation of customer service under this agreement: • Provide a toll free telephone line during regular business hours (EST) for all stakeholders (Employees, managers and Human Resources) to access Manulife's Absence Management Access Services. • Designate a Case Manager(s) who has a specialized health care background (e.g. registered nurse, physiotherapy, kinesiology, ergonomics, and mental health/psychology) to the Employer's program. On referral for service under Absence Management Access, the Employer will select from four key categories of services. Manulife, in its fulfillment of the services detailed herein, shall include the following steps according to the specific service(s) requested by the Employer in the "Reason for Referral" section of the Employer Notification form. The four key services are detailed below: 1. Absence Assessment and Recommendations 2. Case Management Intervention 3. Treatment Facilitation 4. Return to Work Facilitation 1. ABSENCE ASSESSMENT AND RECOMMENDATIONS Absence Assessment and Recommendations will determine the cause of an employee's absence whether it is for strictly medically supported reasons or is driven by or influenced by non - medical factors. The process requires a dedicated Case Manager to review and assess information gathered through telephone interviews with the employee, the employer representative as well as a review of the information submitted by the employee, his /her treating practitioners and/or employer. If medically supported, an anticipated duration of the absence is identified for scheduling purposes along with potential accommodations to promote safe and timely return to work. Policy No. 86741 — City of Saint John 137 Page 24 SCHEDULE "A" DESCRIPTION OF SERVICES Absence Management ACCESS Outlined below are the details of the assessment services provided: 1.1 Case Initiation — The receipt of case initiation forms (Employer's Notification Employee Declaration and Attending Physician Statement) begins the assessment process. The case is set up within 24 hours of receipt of the forms and forwarded to the assigned Case Manager. 1.2 Information Gathering • Conduct an initial phone interview with employee as part of the initial case assessment within 48 hours of case set up. • Conduct an initial telephone interview with the employer representative (Occupational Health, front line supervisor, human resource representative or benefit administrator) within 48 hours of case set up. 1.3 Identify medical and non - medical issues impacting work performance. 1.4 Identify current functional capabilities to determine fitness to perform work. 1.5 Recommendation — completed within 3 business days of receipt of case initiation forms. Provide Employer with written recommendations as to whether the employee absence is medically supported or non - medically supported. The communication to the Employer includes: • Recommended decision regarding support/non - support for absence • Anticipated duration of absence • Expected return to work date, indicating full or partial return to work duties and related timelines • Recommendations and date to follow up, if applicable. Policy No. 86741 — City of Saint John 138 Page 25 SCHEDULE "A" DESCRIPTION OF SERVICES Absence Management ACCESS 2. CASE MANAGEMENT Case Management provides a system of organized support to assist in managing an employee's health recovery during a workplace absence. The process is designed to co- ordinate medical, functional, financial and vocational intervention associated with an employee's return to productivity. It is not focused on qualification for benefit payment, but it creates the expectation of safe and timely return to work. All case management initiatives are directed toward the goal of case resolution as defined in the Agreement, Section 1.1(t). Outlined below are the details of the case management services provided: 2.1 Actively manage and monitor Employee's participation in and response to medical treatment. 2.2 Identify treatment options to improve function and expedite a safe return to work. 2.3 Identify medical and non - medical return to work barriers and develop strategy to resolve the barriers. 2.4 Obtain case reviews by Manulife's medical consultants, as determined by Manulife's protocol. 2.5 Conduct verbal and/or written communication with employee's treating medical practitioner(s) when required to clarify medical status or information provider by the practitioner. 2.6 Co- ordinate with Long Term Disability (LTD) Case Manager to facilitate the transition from STD to LTD, when appropriate, following Manulife's standard protocol. 2.7 For unsupported absences, ensure clear communication of Manulife's standard appeal process to employee and Employer, when required. 2.8 Notify Employer of cases in which the employee is pursuing subrogation when Manulife is aware of such subrogation. 2.9 Close cases as per the Outcome of a Case as described in the Agreement, Section 1.1(t). 3. TREATMENT FACILITATION Treatment Facilitation includes assessment and coordination of referrals to specialized resources within Manulife's provider network. Facilitating access to treatment is not required for all absences but may be needed to clarify diagnosis or the prognosis or to maximize optimal treatment options when recovery as reached a plateau. Manulife's standard protocol to confirm functional abilities, promote recovery of health, improve function, reduce the duration of disability and expedite a safe and timely return Policy No. 86741 — City of Saint John 139 Page 26 SCHEDULE "A" DESCRIPTION OF SERVICES Absence Management ACCESS to work is applied. The services in detail include: 3.1 Review case to confirm or identify the specific the need for occupational, psychological or additional medical management through access to external expertise. Review recommendations with employer representative to obtain approval to proceed with facilitation of treatment. 3.2 Once the recommended treatment is identified by Manulife and approved by the Employer, co- ordinate access to the following specialized resources through Manulife's provider network and according to Manulife's standard protocol. Resources are available in the following fields of expertise: • Independent Medical Examinations • Substance Abuse • Functional Abilities Evaluations • Workplace Assessments such as ergonomic assessments and job demands analysis • Cognitive Behaviour Therapy • Vocational Rehabilitation Assessments • Expedited healthcare 3.3 Communicate details specific to scheduled appointments, outcomes and relevant recommendations as a result of facilitated treatment to employee, employer and treating healthcare practitioner. 3.4 Manulife will pay for medical reports or other services delivered by Manulife's provider network. These costs will in turn be billed to the Employer for reimbursement as set out in Schedule B. 4. RETURN TO WORK FACILITATION Returning to work does not always mean an employee is at home one day and back to regular work the next day. Sometimes a gradual return to work is best following an extended period of absence. Return to Work Facilitation supports an employee who has been away from work for a period of time, and then requires accommodation of modified duties or hours of work or workplace environment before resuming regular duties on a normal, pre- absence work schedule. The Case Manager will conduct Return to Work Facilitation by telephone when cases are straightforward. Resolution of barriers impeding work is more complex in some situations. To achieve optimal outcomes in these cases, the Case Manager will deploy a Return to Work Specialist to facilitate return to work, by working with the employee Policy No. 86741 — City of Saint John 140 Page 27 SCHEDULE "A" DESCRIPTION OF SERVICES Absence Management ACCESS and Employer in person to develop and monitor action plans directed at resolving both medical and non - medical barriers. It may also be necessary to involve the treating medical practitioner(s) in the process according to Manulife's standard protocol. Return to Work Facilitation services include: 4.1 Develop a Return to Work Plan through consultation with the Employer, the employee and the treating medical practitioner(s). 4.2 Advise the treating medical practitioner(s) of the final proposed return to work plan, according to Manulife's standard protocol, so that the practitioner can identify, and provide evidence to substantiate, any contraindication to the planned return to work. 4.3 Facilitate return to work meetings according to Manulife's standard protocol. 4.4 Provide workplace assessments and recommendations for accommodation by Employer according to Manulife's standard protocol. 4.5 Monitor, update and communicate the return to work plan to all parties. REPORTING Reporting is a fundamental component of Absence Management Access. In order to effectively measure the value of our services to the Employer, Manulife will: • Deliver case volume and trend reports on a quarterly basis identifying the number of cases referred by the type of service requested by the Employer. • Review program experience on an annual basis. Policy No. 86741 — City of Saint John 141 Page 28 SCHEDULE "B" FEES AND DISBURSEMENTS Absence Management ACCESS The Employer shall pay Manulife the following fees as billed for each employee Absence Management Access case referred. The hourly rated fees shall cover the following components of absence management services: • Absence Assessment and Recommendations • Case Management • Treatment Facilitation • Return to Work Facilitation HOURLY FEES Case Manager $120 / Hour Effective Qualifying Maximum Policy No. Client Name Date Period Benefit Period 86741 City of Saint John Apr 1 /10 N/A N/A The Employer shall pay Manulife the following fees as billed for each employee Absence Management Access case referred. The hourly rated fees shall cover the following components of absence management services: • Absence Assessment and Recommendations • Case Management • Treatment Facilitation • Return to Work Facilitation HOURLY FEES Case Manager $120 / Hour Return to Work Facilitation Specialist $120 / Hour Medical/Psychiatric Consultant $220 / Hour 2. Manulife shall obtain third party vendor services in accordance with Manulife's disability management protocol to deliver treatment facilitation services. The Employer shall reimburse Manulife for expenses incurred for services provided by third party vendors plus a 10% administration fee. 3. Travel Expenses flow through with no administration fee to the Employer: (a) Mileage travel expenses required for the provision of the Services, shall be paid by the Employer, as billed by Manulife Financial and calculated at Manulife's corporate mileage rate per kilometer. (b) The first hour of travel will be billed at the hourly rate indicated in provision #1 above. Travel time in excess of one hour will be charged at 50% of the hourly rates set out above in provision #1. (c) Accommodation, flights and other expenses associated with travel shall be paid by the Employer as billed by Manulife. (d) Any obligation of the Employer to reimburse Manulife Financial for expenses is conditional on the expenses being reasonable and properly documented, and in accordance with Manulife's Travel Policy. 4. Where a service is not specifically addressed within this contract or the scope is outside of this contract, Manulife will provide the Employer with either a confirmation that it will be delivered free of charge, or an estimate of cost that may be subject to negotiation. 5. Statements and Invoices — Manulife shall prepare and provide to the Employer with a summary statement summarizing all Services rendered by Manulife during the month with any supporting backup documentation in such month together with a statement of the Fees due to Manulife for such Services. 6. Payment of Invoice — Payment of any Manulife invoice shall be due no later than the 30th day following receipt of the invoice described in subsection 6 above. Where the Employer has any exception to or concerns about the invoice, it shall contact Manulife before the 10th Policy No. 86741 — City of Saint John 142 Page 29 SCHEDULE "B" FEES AND DISBURSEMENTS Absence Management ACCESS Business Day following receipt of the invoice and Manulife and the Employer shall negotiate to resolve any dispute regarding the invoice's contents prior to payment of the invoice. Policy No. 86741 — City of Saint John 143 Page 30 SCHEDULE "C" SERVICE STANDARDS Absence Management ACCESS Manulife incorporates the following service requirements into its case management protocol for Absence Management Access. ITEM SERVICE GUIDELINE 1. Contact with The Case Manager will attempt contact with employee and Employee employer representative by telephone no later than the end of the 3rd business day following receipt of all case initiation forms — Employer Notification, Employee Declaration and Attending Physician Statement — in order to: • Introduce Manulife's role in the absence management process; and • To discuss return to work options and general process Complete cases received after 3:00 pin are entered at Manulife as the next business day. 2. Timeliness of Upon receipt of all case initiation forms, a written recommendation Recommendations will be communicated to the Employer within 3 business days. A recommendation is one of: • Support, • Non - support, • Non - participation, or • Additional information is required to confirm absence status; The recommendation will also advise o£ • The expected duration of absence, and • Next steps to be considered by the Employer to achieve case resolution. 3. Case Management Should the Employer wish to access Manulife's resources for Intervention ongoing case management intervention, the Case Manager will advise the Employer verbally and in writing of the case management plans, any changes in the plan as well as regular updated on progress. Any changes in the expected return to work date or intervention plan will be provided within 3 business days of receipt of new information. 4. Communication Telephone and e -mail enquiries will be acknowledged within 24 Timelines (telephone hours (1 business day) of the call /message. Either a full response and e -mail) will be provided within this time frame or an estimated date for a full response will be provided. 5. Return to Work • Return to Work Specialist will schedule appointments for Facilitation facilitation meetings within 3 business days of the Case Policy No. 86741 — City of Saint John 144 Page 31 SCHEDULE "C" SERVICE STANDARDS Absence Management ACCESS Policy No. 86741 — City of Saint John 145 Page 32 Manager's request. • Return to Work Specialist will submit a report to the Case Manager within 3 days of the facilitation meeting. 6. Timeliness of Manulife requires the following service standards of its provider accessing specialized network: resources • Provider will advise Manulife of the scheduled appointment date within 3 business days of request. • Reports submitted within 15 business days of assessment or intervention. 7. Transition to LTD On 100% of cases of an extended duration, the Case Manager will conduct a review of the case with the LTD Case Manager, at no later than 8 weeks prior to the LTD qualifying period. The purpose of the review is to determine the steps required to prepare the case and all stakeholders for the transition, including requesting any updated information regarding the employee's employment, medical condition and salary or benefit entitlement information. Policy No. 86741 — City of Saint John 145 Page 32 Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN PROCLAMATION WHEREAS: the Red Hat Society is a worldwide organization offering fun after 50 (and before) for women of all walks of life; and WHEREAS: the Red Hat Society is a nurturing network of like- minded women who believe in enjoying life to the fullest - no matter where they are or what they are doing; and WHEREAS: the Red Hat Society has evolved into a pivotal social movement that is changing the aging experience and redefining traditional notions of aging women; and WHEREAS: with their distinctive red hats and purple outfits (or pink and lavender), Red Hat Society members are cheerfully elevating and enhancing the bonds of friendship while actively participating in life adventures - both large and small; and WHEREAS: 550 Red Hat Society Members from all across New Brunswick (and beyond) are gathering in Saint John for their annual provincial "Hoot "; NOW THEREFORE: I, Mayor Ivan Court, L�of Saint John do hereby proclaim Saturday, June 12th as Red Hat Society Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. BY -LAW NUMBER C.P. 110 -144 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 nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as being a portion of PID No. 55005151, from "TH" Townhouse to "R- 1 A" One Family Residential - all as shown on the plan attached hereto and farming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire ARRETE No C.P. 110 -144 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6crdte ce qui suit : L'arret6 sur le nonage de The City of Saint John, ddcr6t6 le dix -neuf (19) decembre 2005, est modifi6 par: 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour unc parcelle de terrain dune superficie d'environ 122 metres carrels, situ6e au 1861, chemin Manawagonish, et 6tant aussi une partie du NID 55005151, de zone de maisons en rang6e « TH » a zone rdsidentielle — habitations unifamiliales «R- I A» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrete le 2010, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - May 25`h, 2010 Premiere lecture - le 25 mai 2010 Second Reading - May 25`h, 2010 Deuxieme lecture — le 25 mai 2010 Third Reading - Troisieme lecture - 147 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING 1 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 Cd N v r r+ v +7 a 40 Q _ goa m ls45 e0 d a cc o x U L A FROM 1 DE TO 1 A TH R1 -A Townhouse 1 Zone de maisons One Family Residential 1 en rangee Zone residentielle- habitations unifamiliales Applicant: Larry Kingston Location: 1861 chemin Manawagonish Road PID(s)INIP(s) Portion of/de 55005151 06N54NE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: June 3 juin, 2010 Considered by P.A.C. /considers par le C.C.U.: May 18 mai, 2010 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 148 P: _ BY -LAW NUMBER C.P. 110 -145 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 nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1700 square metres, located at 42 -44 Westmorland Road, also identified as PID number 55165096, from "R -2" One and Two Family Residential to "R-4" Four Family Residential pursuant to a resolution under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire ARRETE No C.P. 110 -145 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L`arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de I`annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie d'environ 1 700 metres carres, situee au 42- 44, chemin Westmorland, et portant le NID 55165096, de zone residentielle — habitations unifamiliales et bifamiliales < <R -2» a zone residentielle — habitations de quatre logements c<R-4» conform6ment a une resolution adoptee par le conseil municipal en vertu de Particle 39 le la Lai sur I'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - May 25, 2010 Premiere lecture - le 25 mai 2010 Second Reading - May 25, 2010 Deuxieme lecture -- le 25 mai 2010 Third Reading - Troisieme lecture - 149 Section 39 Conditions — 42 -44 Westmorland Road That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1700 square metres located at 42 -44 Westmorland Road, also identified as PID Number 55165096, be subject to the following conditions: a. That the number of dwelling units be limited to a maximum of three units; b. That the driveway closest to the existing building accessing Westmorland Road be removed and that the sidewalk, curb and roadway at the intersection of the driveway and Westmorland Road be reinstated by the developer to match the existing grades, width and alignment; c. That the Developer prepare a site drainage plan subject to the approval of the Chief City Engineer or his designate to accompany the necessary permit application for the construction of the new driveway onto Jardine Street; and d. That all works associated with conditions b) and c) be completed by the proponent within one year of approval of the required building permit for the third dwelling unit. 150 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING I 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 q Y —tip {d u ♦' ay. Woodlawn Av. C - m % • D V - - -- 01\ lit c� � p•v • �Ofi v �t,an \1OGr a Gr• � . FROM I DE TO 1 A R -2 R-4 One and Two Family Residential 1 Four Family Residential 1 Zone residentielle- habitations Zone residentielle -- habitations unifamiliales et bifamiliales de quatre logements Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Lor sur i'urbanisme Applicant: Troy L. Donovan Location: 42 -44 chemin Westmorland Road PID(s) /NIP(s) 55165096 06N99NE Drawn By1Cre6e Par: David Couture Date Drawn /Carte Creee: June 3 juin, 2010 Considered by P.A.C.Iconsidere par le C.C.0 -: May 18 mai, 2010 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete #: 151 t r Your Worship Mayor Ivan Court & Members of Common Council: RE: Pay Equity for Women June 7, 2010 Whereas one significant form of systemic discrimination experienced by women is the under- valuation of traditionally and predominantly female jobs held by 70% of working women in New Brunswick, for example secretaries or administrative assistants, and various kinds of "care" workers; Whereas the income gap in New Brunswick between men and women persists at unacceptably high levels, as a general annual average that takes into account the differential total hours spent in the labour market, women's income is just 67% of men's income, and when measured hourly, the wage gap is 84.8 %; Whereas high poverty rates persist in Saint John and are particularly intransigent among Aboriginal women, lone- parent women, unattached women, women with disabilities, and senior women; and New Brunswick is one of four provinces to exceed the national poverty rate of families with children; Whereas the New Brunswick Coalition for Pay Equity, supported by the Saint John Regional Committee, urge the Provincial Government to adopt a pay equity law for all workers —to end persistent systemic discrimination — and request that The City of Saint John support their efforts to obtain such legislation; I therefore make the following motion: 1) That The City of Saint John recognize the existence of unacceptable systemic inequalities facing women, and further recognize that specific Provincial and Federal legislation mandating pay equity in the workplace is required to remedy discriminatory practices; and 2) That The City of Saint John urge the New Brunswick Provincial Government to carry forward the momentum created by adoption of the Pay Equity Act 2009 that applies to the public sector, by passing, without delay, a proactive law that governs pay equity in the private sector as well. Respectfully submitted, Patty Higgins Councillor — City of Saint John lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 152 June 7, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Re: Saint John City Hall Building and Police Headquarters Saint John City Council must always act with due diligence. That being said, this would be a prudent time to schedule a meeting with the owners of our City Hall building to discuss the various pros and cons involved in their offer to renovate space appropriate for a new Police Headquarters. Respectfully submitted, Patty Higgins Councillor — City of Saint John r_r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saint ohn.ca 9 C.R 1971 Saint John, N. -B. Canada E2L 40 153 June 3, 2010 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Traffic on Rocky Terrace Through conversations with residents on Rocky Terrace, I have been made aware of a long- standing issue with accessing and exiting Rocky Terrace on the end closest to Rockwood Park. The recent redevelopment of the park has accentuated this issue by virtue of the detour that is currently in place. Residents would like to hear if closing the street is an option. Motion: That the City Manager provide a report on the feasibility of closing the Mt. Pleasant end of Rocky Terrace. Respectfully submitted, (received via e -mail) Councillor Killen i% SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintJohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 154 1 June 3, 2010 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Pedestrian and Cyclist Access to the Uptown Through various emails and calls, I have been made aware, as has much of council, of the inadequate allowances made for pedestrians and cyclists along the viaduct now that Harbour Passage is off limits. Motion: That the City Manager suggest how feasible it would be to create a cycling /pedestrian lane on the southern side of the viaduct as part of an overall strategy to provide safe alternatives to Harbour Passage for cyclists and pedestrians. Any such plan must be achievable at a reasonable cost with safety the paramount concern. Further, the motion should not limit the City Manager's options: a general recommendation that may not include the southern side of the viaduct would be fine if it achieved the desired end. Respectfully submitted, (received via e -mail) Councillor Killen -*)-- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L4L1 155 ii. June 7, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Economic Development for Saint John Context: A variety of cities across Canada have or are in the process of initiating `economic development' divisions within their municipal organizations. Some cities also appear to be focused on building upon resources with respect to intergovernmental affairs. This latter focus is especially critical as partnership with other two levels of government is a major component of municipal growth. It may be an appropriate time as we are reviewing our existing municipal organizational structure (with the goal that it must be aligned with service provision) to examine, 'as a City,' how we move ahead economically. Every opportunity to 'add value' to this organizational review should be considered. Motion: That the City Manager include within the upcoming municipal review being conducted by the firm Kightsbridge Roberston Surrette, a review of all of our existing economic/ business development models with a critical focus on governance, strategic direction and outcome delivery. R ec ully s bmit d, Peter M uir Councillor —City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ea I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 156 June 7, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: West Saint John Urban Property Challenges Context: I am very aware that staff are working very diligently concerning the state of the properties at 1081 Manawagonish Road and a portion of the former DVA site on Lancaster Avenue. I do continue to receive inquiries regarding these locations from citizens who want to see their neighbourhood's quality of life enhanced. Healthy buildings assist in making healthy neighbourhoods. Motion: That the City Manager report back to Common Council in two weeks' time updating us with respect to the West Saint John properties located at 1081 Manawagonish Road and 1 -11 Bridgeview Court/ 14 -32 Rockingstone Drive. Resp ly s mitte t Peter McGuire Councillor — City of Saint John 04�- %V SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L7 157 REPO COMMON COUNCIL May 25, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Neighbourhood Development Stimulation Grant Applications 2010 Vibrant Communities, ONE Change, PULSE, Crescent Valley Resource Centre, Quality Story Tent Club — Crescent Valley, Quality Story Tent — Lower West Side, The Resource Centre for Youth, and Westside PACT have submitted requests for funding through the City of Saint John "Neighourhood Development Stimulation Grant" 2010 Program. Each organization is requesting funding through this program to sustain their operations and continue to provide each of their priority neighbourhoods valued services and positive outcomes. ANALYSIS: Neighbourhood organizations are requesting funding to sustain an existing program previously supported by the Neighbourhood Development Stimulation Grant Program. The grant's terms of reference points to the principles of sustainability of organizations. The purpose of the grant is to jump start an organization and encourage it to move toward self - sufficiency. In staff's opinion sustainability of these neighbourhood initiatives is a gradual process. These groups are young from an organizational perspective and will be challenged to achieve sustainability in the short -term. The terms of reference for the Neighbourhood Development Stimulation Grants stipulate applicants must demonstrate approved funding has been obtained or is available from other sources equal to 50% of the amount provided by the City. The applicants will meet this criterion through in kind support and funding through other levels of government, local business and community supporters. Now in its' third year the Neighbourhood Development Stimulation Grant program has received funding requests that are much greater than funds available. A summary of each organization's application and recommendation is provided. 158 Quality Story Tents (Crescent Valley Neighbourhood) The Quality Story Tents provided by Cheryl Brown, is a literacy initiative which has been offered to the Crescent Valley neighbourhood since 2003. This program is supported by the Saint John Free Public Library and the Literacy Coalition of New Brunswick. The Quality Story Tents is requesting funding that will expand the existing program by one additional day and will service the Crescent Valley, Anglin Drive, and Old North End neighbourhoods. Daily attendance to the story tents on average is 24 children a day with a range in attendance from 4 — 40. Staff feels this is an important educational program and is very important to the youth in priority neighbourhoods and therefore recommend funding be approved to sustain the current program level. Recommendation: $7,500 Quality Story Tents (Lower West Side Neighbourhood) The Quality Story Tents provided by Ginny Hooper, is a new literacy initiative which will be offered in the Lower West Side. This program is supported by the Saint John Free Public Library and the Literacy Coalition of New Brunswick. Staff feels that it is a natural progression for this educational program to be offered in another priority neighbourhood, therefore recommend a start up grant for this initiative. The recommended funding level will allow for a one day per week program. Recommendation: $2,500 Crescent Valley Resource Centre The Crescent Valley Resource Centre is a renewal application for financial support of the Crescent Valley Resource Centre operations and for continued employment of their Community Development Coordinator position. The Resource Centre has been a positive influence on this neighbourhood by hiring a Community Development Coordinator in 2008. Many positive outcomes have been achieved and the neighbourhood is engaged in programs and services offered by the Resource Centre. Staff feels this organization has gained momentum in making positive changes in the neighbourhood and recommend funding be approved to sustain their efforts. Recommendation: $23,000 Vibrant Communities —"Around the Block Neighbourhood Newspaper" The "Around the Block Neighbourhood Newspaper" is requesting a renewal of their grant for another one year term. This neighbourhood paper continues to evolve and improve in both quality and quantity. The paper brings the five priority neighbourhoods together using this tool to promote, communicate and praise each neighbourhood's accomplishments and success stories. Furthermore, it provides learning and educational opportunities for residents to be authors 159 of stories in the newspaper. To date Around the Block has produced ten editions of the paper and has increased distribution to 9,000 copies per edition. Recommendation: $20,000 Vibrant Communities — "Vibrant Neighbourhood Assistants" The "Vibrant Neighbourhood Assistants" program is a leadership building initiative which strengthens the leadership capacity of residents. The focus is resident led community and neighbourhood development with poverty reduction as its main objective. Continued funding of this initiative is made possible through the Province of New Brunswick. In December 2008, the Province of New Brunswick announced a three year funding for VCSJ to support the comprehensive approach to reducing poverty in Saint John with an emphasis on neighbourhood development. This multi -year funding is contingent on Vibrant Communities obtaining other sources of funding for these initiatives. The cost for the Neighbourhood Assistants program is $55,845. Vibrant Communities is requesting $25,000 through the Neighbourhood Development Stimulation Grant 2010 Program. Staff recommends support in the amount of $20,000. Recommendation: $20,000 One Change Inc. The One Change Inc. is a renewal request for financial support to sustain employment of the Youth Coordinator and Neighbourhood Coordinator positions. These positions have built leadership capacity within the community and have resulted in program opportunities and positive outcomes in the neighbourhood. The One Change works with many partners in the neighbourhood including the North End Community Centre, Main Street Baptist Church and Lorne School. Common Council previously approved a $10,000 advance through the Neighbourhood Development Stimulation Grant 2010 program to maintain staffing levels until ONE Change received their grant from the Youth Inclusion Program provided through National Crime Prevention Canada. ONE Change recently received approval from National Crime Prevention Canada of $900,000 for a three year, Youth Crime Prevention initiative. Funds will be used to sustain the Youth Coordinator position and employ a community case worker, recreation coordinator and academic case worker to work with middle age youth in the North End. ONE Change is requesting an additional $15,582 from the Neighbourhood Development stimulation grant to sustain the neighbourhood coordinator position, who will continue to work in the neighbourhood and support these other new initiatives. Staff supports the One Change efforts in the neighbourhood and recommends another $13,000 in funding be approved to sustain the Neighbourhood Coordinator position. Including the previously funded amount of $10,000, the total grant recommended for the ONE Change will equal $23,000. 160 Recommendation: $23,000 The Resource Centre for Youth (TRC) The TRC is requesting continued support to employ staff for the Oasis Program. The Oasis Program provides services and support to youth who are "homeless" or "near to being homeless" in our community. The TRC Oasis program was noted as an excellent model at the National Homeless Conference held in Ontario 2008. The TRC wishes to expand the Oasis program in 2010 by implementing a hot lunch program once a week. TRC Case Management service will work with the lunch program to further build relationships with Oasis clients and offer them opportunities and support for an exit from street life. The TRC once again received partial funding for the Oasis Program through the National Homeless Initiative through the federal government. Staff is supportive of continued funding of the Oasis Program. Recommendation: $19,000 Westside PACT The Westside PACT is requesting a renewal of their 2009 grant application which will support employing staff at the Westside PACT facility located in the priority neighbourhood of the Lower West Side. Westside PACT is requesting funding to hire staff to sustain established health, wellness and neighbourhood initiatives. Neighbourhood engagement and support has been strong for programs and initiatives such as the Bike Rodeo, Neighbourhood Clean up, Canada Day and New Brunswick Day celebration which are spearheaded by Westside PACT. The Westside PACT also requests financial support to pay for an unforeseen property bill of $7,000 which Westside PACT incurred as a result of transfer of land ownership. Westside PACT recently received non - profit status and will be exempt of this property tax on a go forward basis. Recommendation: $19,000 Pulse (People United Lower South End) Pulse is requesting funding from the City of Saint John to support staffing needs of the Neighbourhood Resource Centre located on Wentworth Street. This facility also serves as the Community Police office. Pulse currently operates this building through a board of directors and volunteers in the community. This group is requesting funding to hire staff to supervise the resource centre when rental groups and neighbourhood organizations utilize the centre. Pulse has been very active in providing a number of other programs and services within the neighbourhood and is currently engaged in organizing their annual South End Days. 161 Staff supports Pulse's request for funding, however, feel as Pulse grows as an organization the need to employ a Community Development Coordinator may evolve. Recommendation: $16,000 Table 1: Grant Amount Requested / Recommendation Group / Project Request Recommendation Quality Story Tents — Crescent Valley Neighbourhood $11,000 $7,500 Quality Story Tents — Lower West Side Neighbourhood $8,400 $2,500 Crescent Valley Resource Centre $25,000 $23,000 Around the Block — Neighbourhood Newspaper (Vibrant Communities) $22,600 $20,000 Neighbourhood Assistants (Vibrant Communities) $25,000 $20,000 ONE Change $25,582 $23,000 The Resource Centre for Teens (TRC) $24,072 $19,000 Westside PACT $25,000 $19,000 PULSE $19,344 $16,000 TOTAL $185,998 $150,000 Supporting the requests from each neighbourhood will enable them to effectively mobilize staff and volunteers, and result in positive outcomes in their communities. RECOMMENDATION: That Common Council supports the listed organizations by providing each a grant as per the recommendations outlined in Table 1. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods City Manager KW 162 REPORT TO COMMON COUNCIL M &C- 2010 -188 June 4, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Fairville Boulevard Planning Exercise INTRODUCTION: At the May 25, 2010 meeting of Common Council, the following resolution was adopted: That the City Manager report back to Council in two weeks' time with respect to the status of the Fairville Boulevard planning exercise. DISCUSSION: City of Saint John The 2010 operating budget for the Planning and Development Department includes the commencement of a planning and urban design exercise for the Fairville Boulevard corridor. The collection of data and mapping for the potential study area has begun and planning staff will continue this work over the summer months. Further scoping of the planning exercise including the process and intended deliverables will also take place over the summer. An early -fall kick -off for this plan remains the objective but this presumes that the Sandy Point Road Planning Study is complete by then. Capacity does not exist within the department to undertake both projects simultaneously given the significant number of human resources currently allocated to P1anSJ. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development Planning and Development 163 J. Patrick Woods, C.G.A. City Manager REPORT TO COMMON COUNCIL M &C2010 -197 June 2, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, M. The City of Saint John SUBJECT: Contract No. 2009 -27: Brentwood Crescent — Woodward Avenue Storm Sewer BACKGROUND This Contract consists of a storm sewer project that is approved in the 2009 General Fund Capital Program as follows: • Construct rider sewer(s) to service Brentwood Crescent This contract consists generally of the supply and installation of approximately 550 metres of 600mm diameter storm sewer on Woodward Avenue from Brentwood Crescent to the Millidgeville North School. TENDER RESULTS Tenders closed on June 2, 2010, with the following results: 1. Terraex Inc., Saint John, NB $ 1,039,475.70 2. ACL Construction Ltd., Dartmouth, NS $ 1,120,795.64 3. Maguire Excavating Ltd., Saint John, NB $ 1,348,375.62 4. Fairville Construction Ltd., Saint John, NB $ 1,769,495,25 The Engineer's estimate for the work was $943,437.00. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by H.E. Merchant and Sons Ltd. The tender submitted by H.E. Merchant and Sons Ltd. was non compliant as they failed to bid an item in the Schedule of Quantities and Unit Prices and the tender was rejected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.15(1). Staff is of the opinion that the lowest compliant bidder, Terraex Inc. has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 164 M &C2010 -197 June 2, 2010 Page 2 INPUT FROM OTHER SOURCES This report and the subsequent recommendations were reviewed with the City's Legal Department and the Purchasing Agents office. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 General Fund Capital Program. Assuming award of the Contract to the lowest compliant tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $1,050,000 was provided in the budget and that the projected completion cost of the project is estimated to be $1,158,700.67, including the City's eligible H.S.T. rebate — a $108,700.67 negative difference in the General Fund Capital Program. This difference can be managed within the overall program envelope. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2009 -27: Brentwood Crescent — Woodward Avenue Storm Sewer, be awarded to the lowest compliant tenderer, Terraex Inc., at their tendered price of $1,039,475.70 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 165 REPORT TO COMMON COUNCIL M &C2010 -195 June 2, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Cedar Point Estates - Development Standards and Infrastructure Maintenance BACKGROUND M. The City of Saint John Cedar Point Estates is a large residential subdivision in Millidgeville, extending north westerly from Woodward Avenue between the Saint John River and Boars Head Road. This prime location makes it one of the most attractive and high value developments within the City. It is serviced with City water and sewage. Lot sizes are larger than normal for a serviced subdivision. Streets in the public right of way are constructed in accordance to a "country road standard ", that is, with asphalt travel lanes, soft shoulders and ditch and culverts in lieu of curbs and underground storm sewers to handle local road drainage. There are no sidewalks with this standard of development. Maintenance and repair of infrastructure in the public right of way is the responsibility of the City (once vested from the developer) and has been a growing concern over time as the development has expanded. As an aesthetic complement "wooden" headwalls were initially installed by the developer at each end of every driveway culvert rather than standard rip rap stone. In later phases, the lot owner or home builder /landscaper has been left responsible for driveway access and culvert installation, resulting in a myriad of headwall types and situations where ditches have been landscaped and culvert pipes extended far beyond the driveway. These non - standard practices and ad hoc alterations to the existing "country road" standard of roadway construction have resulted in cases of poor drainage control, erosion, and concerns for pedestrian safety and physical appearance. Residents in the area have raised concerns with staff and members of Council about the issues noted above and requested that infrastructure be repaired and sidewalks installed. This report seeks to update Council on this particular development and provide background to the issues and possible solutions. 166 M & C 2010 -195 June 2, 2010 Page 2 ANALYSIS On January 21, 1985, Common Council adopted new policies relating to subdivision development and staff was asked to prepare amendments to the sub - division By -law and Zoning By -law to give effect. The Zoning By -law at the time provided that one family sub divisions could be developed in un- serviced areas with 1 1/4 acre lots with well and septic tanks (RR), or in serviced areas on smaller lots of 5000 — 7,500 sq. ft. with full city services (R -1, R -2, RS -2 and other zones). In order to offer developers a wider variety of subdivision options, "and to more directly compete with the better developments in outlying municipalities ", the Zoning By -law was amended in 1985 to provide for a new class of residential zone (RSS) "Serviced Suburban Residential ". This new zone permitted lot sizes of 15,000 sq. ft. or larger lots for one - family dwellings serviced "but at a lesser standard that other serviced areas in the City and more or less to the same standards as are being applied in the outlying municipalities ". This Zone provided that City water would be piped and provided "where possible ", there would be a piped sanitary sewer system, storm drainage would be by ditches or by swales, power could be provided by front -of -lot overhead lines, and roads would be paved but narrowed to country road standards with no sidewalks. The object was to "give a semi -rural environment with City amenities" A large parcel (55 acres) of land in the Cedar Point area was re -zoned in 1986 from R -113 and RS -2 to the new RSS Zone. The first phase of development of Cedar Point Estates subdivision was undertaken by Blanchard Homes utilizing the Zoning and Subdivision By -law provisions for this new zone. Construction proceeded on Cedar Point Estates subdivision through fifteen phases between 1987 and 2000, and included the following streets: • Cedarwood Drive — Woodward Avenue to Blanchard Lane • Whitetail Lane • Birchdale Crescent • Rivershore Drive — Cedarwood Drive to Leeward Lane • Amelia Court — Phase 15 Stage 2 - constructed as per RI -A Zoning Requirements The adjacent Cedar Point Anchorage Subdivision has continued north and west from Cedar Point Estates over six phases from 2002 to 2009 with similar standards of construction as outlined for RSS Zone. This development continues on Cedarwood Drive from Whitetail Lane and Anchorage Avenue from Leeward Lane along the Saint John River, and includes the following streets: • Cedarwood Drive — Whitetail Lane to Admiralty Drive • Leeward Lane • Anchorage Avenue • Admiralty Drive More phases of construction under this RSS Zoning are proposed. 167 M & C 2010 -195 June 2, 2010 Page 3 Operational Performance and Maintenance From the outset of Cedar Point Estates development there have been concerns about maintenance of drainage infrastructure. Initially, the aesthetic wooden headwalls at driveway culverts presented concerns when several began to fail prematurely, pushing outward from top edge at the paved driveway and leaning toward the ditch. The edges of driveways also began to settle behind the walls as they moved outward, and while this did not impact on drainage handling, the appearance is less attractive. A number of wooden walls, and asphalt aprons have been repaired or replaced by City forces at considerably greater expense than required for repair of a "standard" culvert headwall - scarce resources diverted from other maintenance needs. More importantly from a drainage management perspective, some homeowners and their landscape contractors encroached on the public right of way and placed grass sod in the roadway ditches. In some cases ditches were filled completely, and in many others the inlets and outlets of driveway culverts are partially buried, seriously compromising the ability of the system to perform the function (convey runoff) for which it was designed. As development has proceeded in Cedar Point Anchorage, problems associated with encroachment into the right of way and interference with the designed and constructed drainage systems have become more severe. In some cases ditches have simply been filled in and landscaped to the edge of pavement, or ditches have been piped, creating in effect small sections of storm sewer, without the accompanying manhole structures for maintenance access or inlet catch basins. Erosion problems have occurred in part due these incursions into the public right of way and physical changes to the constructed drainage infrastructure. 168 M & C 2010 -195 June 2, 2010 Page 4 To illustrate these effects the standard drawing for the "country road" standard of construction intended for these subdivisions is appended to the report. This standard road way design is in our General Specification for "ditch & culvert" type development for which a typical cross section has two 3.7 M lanes of asphalt with 1.5 M wide "granular" shoulders on either side with a further 0.6 M section of granular material rounded down into minimum 0.75 M deep ditches on either side. The General Specs and appended drawing (5- 045 -304) may be found on the Saint John website. The Storm Drainage Design Criteria Manual is also on the City website. When ditches are grassed, the grass or sod, or what catches in it, may build up. Piped and/or filled roadway ditches prevent transfer of runoff from the asphalt across soft shoulders into the ditches. Runoff that cannot enter the ditch directly over the shoulder may build up and now along the edge of the pavement to where it eventually reaches a speed, volume, and location where it can enter the ditch, eroding the road shoulder in the process. Typically these "eroding" sections require the placement of larger stone or paved asphalt, and then frequent maintenance attention. The more effective approach is to ensure that roadways and drainage infrastructure are properly designed and constructed, that standards are adhered to so they function as intended, and can be maintained over the life of the development. Trying to correct deficiencies, or undo actions by others, after the fact is expensive and places an unnecessary burden on City resources and taxpayers. A Local Drainage Improvement (LDI) project has been necessary for Leeward Lane, relatively soon after original construction. Observed deficiencies /damages in the public right of way, level of maintenance attention, and inconsistent or ad hoc approaches to driveway access and finish treatment in the right of way has resulted in dissatisfaction on the part of some residents. There have been requests for action ranging from replacement of culverts and headwalls, to street and shoulder repairs, to drainage improvements, to installation of sidewalks. 169 M & C 2010 -195 June 2, 2010 Page 5 CONCLUSION Cedar Point Estates and Cedar Point Anchorage are among the most highly valued residential subdivision developments in the City of Saint John. The adopted standards of construction, while complementary is some respects, are at odds with the desire of some current residents for sidewalks and with the finish landscape practices on some individual lots (for which there is no apparent required standards or covenants included with the property deeds). As noted above, in many cases the roadway ditches have been in- filled and grassed to become part of the lawn of individual lots, extending in some cases to the edge of pavement. In other cases the ditches have been piped and covered. These incursions into the public right of way have compromised the ability of the infrastructure to function effectively and led to erosion damages particularly in areas with less than ideal original design or construction,. Concerns for safety of pedestrians and vehicles have arisen in addition to aesthetic appearances of damages and non - standard driveway and culvert installation and landscape finishing. The RSS Zone which facilitated creation of these developments was needed at the time but may need further prescriptive standards of construction within the Sub Division By -law or some other means (eg deed covenants; Development Standards Manual — similar to the Storm Drainage Design Criteria Manual).. Staff has reviewed the concerns and requests that have been raised and inspected the infrastructure in the field. There are basically three approaches for addressing the concerns: • Comprehensive capital reconstruction — storm sewers, curbs and sidewalks • Comprehensive capital/maintenance program — revert sub division to function as originally intended/designed • Status Quo - address damages and maintenance concerns as resources allow The first approach above is estimated to cost an amount greater than $4 M, using standard unit prices for construction of storm sewer, curb and sidewalk (one side). These developments are essentially built on rock, so there may be increased cost for the storm sewer component for rock excavation, one of the reasons for originally choosing ditch and culvert standard. It is not recommended that taxpayers generally should bear the full cost of these improvements but the City could explore a local improvement tax levy approach with area residents if there was interest. The cost of the second approach has not been estimated but would involve working within the public right of way to essentially put road and drainage infrastructure back to meet original design criteria to correct problems and eliminate future maintenance issues. A series of local drainage improvement projects would be designed and implemented using outside resources and funding from the capital construction program and operating budgets. This approach will also be expensive and disruptive to existing amenities constructed within the right of way adjacent to private property parcels. 170 M & C 2010 -195 June 2, 2010 Page 6 The third option above is to simply respond to address erosion damages and maintenance issues as they occur, utilizing existing resources. Remedial work to re- establish road shoulders and facilitate drainage into existing ditches could be undertaken in some instances. This would involve some disruption to existing landscaping. RECOMMENDATION It is recommended that Common Council consider the issues and options outlined in this report, and direct staff to develop a long term strategy, in consultation with the neighbourhood and developers, for appropriate future standards for these developments. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 171 J. Patrick Woods, C.G.A. City Manager 20.Om I R.O.W. 0.6m 0.6m 1.5m 3.7m 3.7m 1.5m 0.5m z z MIN. z SHOULDER SHOULDER a z O O 2% 2°! .� NOTES: 1. DIMENSIONS ARE AS SHOWN 2. MINIMUM DEPTH FOR DITCHES IS 0.75m 3. IF ROAD IS DECLARED A "BIKE ROUTE" THEN ASPHALT SHALL BE WIDENED TO ACCOMMODATE BIKE LANES AND 500mm WIDE GRAVEL SHOULDER AREA PAM d City of Saint John DWN. BY J. GRANGER CHECKED BY MUNICIPAL OPERATIONS ENGINEERING DATE JAN 2008 REV. No. 2 SCALE 1 :125 DATE JAN 2010 172 - SEE NOTE 2. — 160mm GRANULAR BASE 450mm PIT RUN GRAVEL SUB -BASE ASPHALT CONCRETE 40mm SURFACE (TYPE 'D") 75mm BASE (TYPE B ") TYPICAL CROSS SECTION DWG. No. SO45 -304 REPORT TO COMMON COUNCIL M &C -2010 June 7, 2010 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Reversing Falls Master Plan BACKGROUND: The City of Saint John In the 2008 Capital Program, Common Council provided funding to Saint John Waterfront Development for a master plan for the Reversing Falls and the Fallsview Park areas as part of the Harbour Passage initiative. At the meeting of Common Council of October 5, 2008, Saint John Waterfront Development first introduced the concept plan to council for input and feedback. The plan was presented to council again in June 2009 at which time council referred back to Saint John Waterfront to seek public input and to source other potential funding. Public meetings were held on two occasions and all indications were that there is favourable public support for the project. Saint John Waterfront Development also met with the other levels of government to seek input and possible funding. At the meeting of Common Council of March 29, 2010, the Saint John Waterfront Development Partnership presented the final Reversing Falls Master Plan. The matter was referred to the City Manager for a recommendation. ANALYSIS: Reversing Falls and Fallsview Park have long been popular sites for both visitors and residents of Saint John. At one time the Reversing falls was one of the most visited sites in New Brunswick but no longer. The sites have also become victim to declining budgets over the years and are in need of redevelopment. The Reversing Falls Master Plan will provide direction for the design and maintenance of the parks, tourism and economic development potential for this site and as a place for visitors and residents to enjoy year around. A number of issues must be resolved for this project to proceed: 1. There are a number of land ownership and land availability issues. The costs of resolving these have not been included in the cost projections. 2. There will be a need to develop partnerships to operate the site, as well as finance the project. However, the plan does present a number of business opportunities. 3. City budgets will be restricted over the next years and there will be limited resources available to make any significant contribution to the master plan. 4. There will be other infrastructure projects affecting the site which will need to be coordinated. This could provide some form of leveraging. 5. There are lease issues that need to be addressed. _ 173 6. Maintenance requirements of these new facilities will impact on the operating budget. 7. There may be a number of environmental issues that will need to be addressed. Saint John Waterfront Development is aware of these issues and is prepared to move ahead with the project. Council will be kept informed of the project as it proceeds through the yearly budget process as well as through regular updates. The Reversing Fall Master Plan is a positive move forward for Reversing Falls Park and Fallsview Park. It not only addresses the need to redevelop the park land but also provides opportunities for businesses and tourism. It is recognized that the project will take a number of years to implement and that funding from others will be required if it is to become a reality. FINANCIAL: This project is extremely ambitious and will require funding in multi -year budgets and sponsorship support from others. The estimated project cost is $36,000,000. As part of the master plan the project has been broken down into phases and smaller components with costing estimates. Saint John Waterfront Development is prepared to take the plan forward and seek funding sources and partnerships. Also, Saint John Waterfront Development will require support from various city departments regarding land issues, zoning and related property matters which are critical to moving ahead on some parts of the project. RECOMMENDATION: It is recommended that: 1. The Reversing Falls Master Plan be adopted by Council as presented by Saint John Waterfront Development, and that; 2. Saint John Waterfront Development be appointed the lead agency for this development, and that; 3. Saint John Waterfront Development be directed to pursue external funding sources and leverage Council support to enable partnership opportunities, and that; 4. Council direct appropriate city staff to work with Saint John Waterfront Development regarding land use planning, zoning and property issues, and that; 5. Saint John Waterfront Development work with the DMO office regarding tourism impacts and planning, and that; 6. Saint John Waterfront Development be required to report back to Council at appropriate times to provide updates on the project. Respectfully submitted, Bernie Morrison Patrick Woods Commissioner of Leisure Services City manager 174 REPORT COMMON COUNCIL M &C2010 -191 June 3, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT Engineering Design Services - Peel Plaza Municipal Infrastructure Upgrades PURPOSE The purpose of this report is to update Council on the status of the Peel Plaza Municipal Infrastructure Upgrades project. BACKGROUND On July 7, 2008 (M &C 2008 -193), Council approved the engagement of Stantec Consulting Ltd. to provide design services for the Peel Plaza Municipal Infrastructure Upgrades project. The scope of the design services included municipal infrastructure upgrades (water, sanitary sewer and storm sewer) and street reconstruction in the Union Street/Hazen Avenue /Carleton Street/Wellington Row area. The consultant's upset fee for engineering design services including the City's eligible HST rebate was $417,542. ANALYSIS The original Request for Proposal contained a detailed project scope. The expected design completion and tender date for the project was June 2009. During the course of the design work several items arose that significantly increased the scope and extended the design period well beyond the forecasted tender date, which is now expected to be July 2010. These items included: • Several revisions to the location of municipal services with respect to easements, conflicts with existing infrastructure etc.; • Additional design and simulation work to model the Wellington Street/Union Street intersection; • Additional design work to include Green Thermal Utility Piping in the underground servicing plan; 175 M &C2010- 191 June 3, 2010 Page 2 • Additional municipal services design work in conjunction with Parking Garage designers on Sewell Street; • Additional design work to lower the sanitary sewer main on Union Street to accommodate the elevation of the new Justice Complex sewer lateral. FINANCIAL IMPLICATIONS The consultant's approved upset fee of $456,181 (before City's eligible HST rebate) was derived from the original project scope. The increased scope has required the consultant to perform additional work over an extended period of time. The final cost for design services for this project is expected to be $553,000 ($506,000 after considering the City's eligible HST rebate). The budget for the project approved in the 2008 General Fund and Water & Sewerage Utility Fund Capital Programs for design services was $500,000. RECOMMENDATION It is recommended that the engineering services agreement with Stantec Consulting Ltd. for engineering design for the Peel Plaza Municipal Infrastructure Upgrades project be increased from $456,181 to $553,000 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 176 SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview May 15, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Saint John Industrial Parks Ltd. 15 Market Square, 10th floor, P.Q. Box 1971 Saint John, New Brunswick E21- 41-1 T:(506)658 -4418 F: (506) 658 -2837 www, SaintJohnlndustrial.ca At its meeting of February 10, 2010 Common Council resolved: "That the submission from Councillor Higgins entitled Industrial and Business Parks Renewable Energy be referred to Enterprise Saint john and Saint John. Industrial Parks Ltd. for input ". The submission from Councillor Higgins was seeking a motion as follows: "That the City of Saint john designate and market our Industrial and Business Parks as operating exclusively through our abundant renewal energy capabilities, thereby building an unparalleled cluster of modern knowledgelindustrial business opportunities in a healthy, attractive progressive City of the 21St century ". Saint John Industrial Parks Ltd. (SJIPL) applauds Councillor Higgins for the proposed visionary initiative. SJIPL actively seeks opportunities to attract industry in the renewable energy sector. The wind regime in Lomeville has potential by example and it has received consideration at various points in time by a multitude of sector operators. There are some limitations to the Councillor's motion; renewable energies such as tidal and solar are in their infancy and have significant cost implications. That said, SJIPL will continue to look for opportunities to attract such investments. SJIPL also embraces green initiatives and promotes energy efficiency in its day to day operation and interaction with its clients. The Spruce Lake landscaping initiative features significant new plantings, gently sloped ditching and storm water detention ponds, all earth friendly. 177 -2- All sales include soil and erosion control requirements and landscaping rebates to ensure plantings are part of the site improvements and that development is done with respect for the environment. Enterprise Saint John did not take the opportunity to provide feedback or input as requested by Council. Sincerely, Saint John Industrial Parks Ltd. ,/ as Brian Irving, General Manager i 178